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Planning and Zoning Commission Packet 2024 12-11-24 PLANNING AND ZONING COMMISSION AGENDA Wednesday, December 11, 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: November 13, 2024 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PZC 2024-25 United City of Yorkville, petitioner, is proposing to amend Chapter 5. Development Standards within the United City of Yorkville’s Unified Development Ordinance regarding fences. The proposed text amendment will allow vinyl coated chain link fence material in side and rear yards within residential districts. Unfinished Business New Business 1. PZC 2024-25 United City of Yorkville, petitioner, is proposing to amend Chapter 5. Development Standards within the United City of Yorkville’s Unified Development Ordinance regarding fences. The proposed text amendment will allow vinyl coated chain link fence material in side and rear yards within residential districts. Action Items Text Amendment Additional Business 1. 2025 Meeting Schedule 2. City Council Action Updates a. PZC 2024-21 Marker Inc., the contract purchaser and petitioner, along with the United City of Yorkville, the property owner, have submitted applications to the City of Yorkville, Kendall County, Illinois. They are requesting an amendment to the Kendall Marketplace Planned Unit Development (PUD) Agreement and seeking preliminary and final PUD plan approval. The request aims to develop Heartland Meadows West, a mixed-use project featuring twenty (20) single-family residential lots for an active adult community and four (4) commercial outlots. The proposed underlying zoning designations are R-2 Single-Family Traditional Residential District for the residential area and B-3 General Retail District for the United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us commercial area. The petitioner is also requesting deviations to the side and rear yard setbacks within the R-2 District. The subject property is located on the north side of Blackberry Shore Lane, between Northland Lane and Cannonball Trail, on an approximately 8.3-acre vacant parcel. Action Items PUD Amendment, Preliminary & Final PUD Plan Approval b. PZC 2024-26 Drew Daniels, on behalf of Daniels Malinski Yorkville Family, LLLP, petitioner/owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property consists of four (4) parcels totaling approximately 268.30 acres and is generally located at the northwest corner of West Veterans Parkway (US 34) and Beecher Road. The petitioner is requesting rezoning approval from R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District (contingent on approval of annexation by the City Council). Action Item Rezone c. PZC 2024-27 Grande Reserve Units 18 & 25, the petitioner, Cesar Cruz on behalf of GR Yorkville Residents, LLC, owner, is seeking Final Plat approval for an approximately 22-acre site consisting of 164 new residential townhome lots and four (4) open space outlots located north of the BNSF railroad and east of Tuscany Trail in Yorkville. Action Item Final Plat d. PZC 2024-28 Grande Reserve Unit 21, the petitioner, Cesar Cruz on behalf of GR Yorkville Residents, LLC, owner, is seeking Final Plat approval for an approximately 10-acre site consisting of 60 new residential duplex dwelling units on 30 lots located west of the intersection of Crooker Drive and Brady Street in Yorkville. Action Item Final Plat Adjournment DRAFT Page 1 of 2 SPECIAL MEETING OF THE PLANNING & ZONING COMMISSION AND THE PARK BOARD Wednesday, November 13, 2024, 5:00pm Yorkville City Hall Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Meeting Called to Order Planning & Zoning Commission Chairman Richard Vinyard called the joint meeting to order at 5:00pm and roll was called for the Planning & Zoning Commission and the Park Board Roll Call PZC: Greg Millen-yes, Marge Linnane-yes, Richard Vinyard-yes, Danny Williams-yes, Ryan Forristall (arr. 5:05pm), Rusty Hyett Park Board: Rusty Hyett-yes, Gene Wilberg-yes City Staff Krysti Barksdale-Noble, Community Development Director Sara Mendez, Planner1 Tim Evans, Director Parks & Recreation Megan Lamb, City Attorney Jori Behland, Yorkville City Clerk Katelyn Gregory, City of Yorkville Other Guests Stan Popovich, Director Community Development, Village of Downers Grove Tom Farace, Planning & Economic Development Manager, Village of Carol Stream Citizen's Comments None Presentation The purpose of this joint meeting was to participate in training presented by representatives of the Illinois Chapter of the American Planning Association (APA) and titled “Citizen Planner Training”. Mr. Stan Popovich and Mr. Tom Farace gave the presentation. Following are the main topics covered by them. Page 2 of 2 Roles of the Commission Members 1. Role of the Commission 2. Role of Elected Officials 3. Role of the Planner/Staff 5. Examples of Related Commissions/Boards & Other Key People 6. Developer's Role and Perspective 7. Regional Planning Commission Responsibilities of Commission Members 8. Commissioner Responsibilities 9. Items not Reviewed by Commission 10. Responsibilities of the Chair 11. Taking Testimony Findings of Fact 12. Special/Conditional Uses 13. Variations The Fine Print 14. Ex Parte Communications 15. Ethics & Conflict of Interest (conflicts should be disclosed on record) 16. Open Meetings Act (need quorum) Tools of the Trade 17. Policy Planning 18. Comprehensive Plan ( Ms. Noble noted that Yorkville's plan won the Daniel Burnham Award 19. Public Participation in Planning 20. Plan Implementation 21. Regulating Development 22. Zoning, Zoning Districts, Types of Zoning Approval, Keeping Zoning Current 23. Planned Development, Subdivisions, Subdivision Regulations 24. Annexation Adjournment As the training was completed and there was no other business, the meeting adjourned at 6:45pm on a motion by Mr. Williams and second by Mr. Millen. Unanimous vote to adjourn. Respectfully submitted by Marlys Young, Minute Taker DRAFT Page 1 of 5 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, November 13, 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, Rusty Hyett-yes, Michael Crouch-yes, Greg Millen-yes, Marge Linnane-yes, Richard Vinyard-yes, Danny Williams-yes City Staff Krysti Barksdale-Noble, Community Development Director Sara Mendez, Planner1 Megan Lamb, City Attorney Lynn Dubajic Kellogg, City Consultant Chris Funkhouser, Alderman Other Guests Chris Vitosh, Vitosh Reporting Service Nathan Nelson Dan Kramer, Attorney David & Debra McMaster, Fox Hill Clayton Marker, Marker Inc. Phil Czapar, Kylyn's Ridge Andrew Bennett, via Zoom Jim Bock, Kylyn's Ridge Cesar Cruz, Abby Properties, via Zoom Araceli Maldonado Campbell, Fox Hill Galaxy S22 (name unknown) via Zoom Katelynn Phillips, YHS student Joey Weslo, Kendall County Record, via Zoom Mallory Taylor, YHS student Sash Dumanovic Nina Partida, YHS student Drew Daniels Madison Elrod, YHS student John Tebrugge, Tebrugge Engineering Melanie Sandoval, YHS student Mary & Don Bartalone, Kendall Marketplace Diane Hanson, Fox Hill Joe Iovinelli, Manhard Consultants, via Zoom Previous Meeting Minutes October 9, 2024 Motion by Danny Williams and second by Rusty Hyett to approve the minutes as presented. Roll call: Hyett-yes, Crouch-yes, Millen-yes, Linnane-yes, Vinyard-yes, Williams-yes, Forristall-yes Carried 7-0. Citizen’s Comments None Public Hearings Chairman Vinyard stated there were 2 Public Hearings and he explained the order to be followed. He swore in those who would give testimony. The Public Hearings were opened at 7:02pm, on a motion by Mr. Williams, seconded by Mr. Millen. Roll call: Crouch-yes, Millen-yes, Linnane-yes, Vinyard-yes, Williams-yes, Forristall- yes, Hyett-yes. Carried 7-0. Page 2 of 5 Chairman Vinyard read the descriptions of the Hearings as follows: 1. PZC 2024-21 Marker Inc., the contract purchaser and petitioner, along with the United City of Yorkville, the property owner, have submitted applications to the City of Yorkville, Kendall County, Illinois. They are requesting an amendment to the Kendall Marketplace Planned Unit Development (PUD) Agreement and seeking preliminary and final PUD plan approval. The request aims to develop Heartland Meadows West, a mixed-use project featuring twenty (20) single-family residential lots for an active adult community and four (4) commercial outlots. The proposed underlying zoning designations are R-2 Single-Family Traditional Residential District for the residential area and B-3 General Retail District for the commercial area. The petitioner is also requesting deviations to the side and rear yard setbacks within the R-2 District. The subject property is located on the north side of Blackberry Shore Lane, between Northland Lane and Cannonball Trail, on an approximately 8.3-acre vacant parcel. 2. PZC 2024-26 Drew Daniels, on behalf of Daniels Malinski Yorkville Family, LLLP, petitioner/owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property consists of four (4) parcels totaling approximately 268.30 acres and is generally located at the northwest corner of West Veterans Parkway (US 34) and Beecher Road. The petitioner is requesting rezoning approval from R-1 Single Family Suburban Residential District to M-2 General Manufacturing District (contingent on approval of annexation by the City Council). (See court reporter's transcripts of Public Hearings testimony) (Petitioner responses to be included in the official transcript) The Public Hearings concluded at 7:17pm on a motion and second by Mr. Crouch and Mr. Williams, respectively. Roll call: Millen-yes, Linnane-yes, Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes, Crouch-yes. Carried 7-0. Unfinished Business None New Business 3. PZC 2024-21 Marker Inc. (see full description in #1 above) Ms. Noble presented a summary of this project and described the property. The residential lots are zoned R-2 and the commercial lots are B-3. Adjustments would be made to the setbacks by a decrease in the rear yard setback from 40 feet to 20 feet and side yard to 5 feet. Some of the front yard setbacks may be requested to be reduced from 25 feet to 20 feet. This is due to existing water main. The commercial lots will have shared parking and cross access with other Kendall Marketplace businesses. She commented on the buffering landscape and building materials. She said the fees for water and sanitary sewer will be locked for 5 years per the sales contract and school transition fees will be waived. Engineering and staff have reviewed. She said feedback was received from the Economic Development committee meeting on November 6 with recommendations about the setbacks for the homes and. commercial lots. Staff prepared a list of conditions for the PUD amendment regarding deviations, bulk regulations, street design. Attorney Kramer addressed the setbacks and said his client would meet the 30 foot setback for the commercial. It is not known at this time what use the commercial buildings will have. The Commissioners cited safety concerns when discussing the parking in the residential area and they would be OK with no parking on the east side near the ballfield rather than no parking on the Page 3 of 5 west side. The orientation of lots 1 and 2 were also discussed and they also talked about the front setbacks being inconsistent with the others in the area. The PUD standards and responses were also reviewed by Ms. Noble and they will be included in the record. Action Item PUD Amendment, Preliminary Chairman Vinyard entertained a motion to approve the Findings of Fact and the petition PZC 2024-21 Heartland Meadows West. So moved by Mr. Williams and seconded by Mr. Hyett. Danny Williams read the motion as follows: Motion: In consideration of testimony presented during a Public Hearing on November 13, 2024 and standards for Planned Unit Development Approval, the Planning and Zoning Commission recommends approval to the City Council of a request for an amendment to the Kendall Marketplace Planned Unit Development Agreement to develop Heartland Meadows West, a mixed-use project featuring twenty (20) single-family residential lots for an active adult community and four (4) commercial outlots with underlying zoning designations of R-2 Single- Family Traditional Residential District and B-3 General Retail District for an approximately 8.3 acre parcel located on the north side of Blackberry Shore Lane, between Northland Lane and Cannonball Trail, subject to the conditions enumerated in a staff memorandum dated November 5, 2024 and further subject to 30-foot building setbacks for the commercial lots. Roll call: Linnane-yes, Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes, Crouch-yes, Millen- yes. Carried 7-0. Action Item Final PUD Plan Approval Motion: The Planning and Zoning Commission recommends approval to the City Council of the Heartland Meadows West Preliminary Plat of Subdivision prepared by Dale Floyd Land Engineering and Heartland Meadows West Final PUD Plan prepared by Tebrugge Engineering and dated August 12, 2024, subject to new comments prepared by EEI, Inc. dated October 3, 2024 and subject to 30-foot building setbacks for the commercial outlots and further subject to 15-foot building setbacks for the residential lot 2. Roll call: Vinyard-yes, Williams-yes, Forristall-yes, Hyett-yes, Crouch-yes, Millen-yes, Linnane- yes. Carried 7-0. Citizen Jim Bock of Redtail Lane said his property backs up to the proposed development. He said there are multiple empty store fronts at Kendall Marketplace and he questioned the need for more commercial there, but he is fine with the additional homes. He said there is a detention pond to the north and he asked if the new development will dump into that retention or to the sewer system. Mr. Clayton Marker said drainage for the new development will flow into the Kendall Marketplace basin. 4. PZC 2024-26 Drew Daniels, on behalf of Daniels Malinski Yorkville Family, LLLP, Petitioner/Owner (See full description in #2 above) Ms. Noble presented the background for this petition. She said they are seeking annexation and rezoning for 270 acres/4 parcels north of US 34 and adjacent to Kendall Marketplace. The current use is for farming. The Public Hearing for their annexation request was held the previous night at City Council and includes rezoning from ag to single family zoning, R-1, then a request to M-2 General Manufacturing. She said the annexation agreement will stay with the land for 20 years. The city attorney is looking at language sunsetting the clause for rezoning to reset to R-1 if nothing is done with the land. The petitioner held a discussion with local homeowners as requested by the Plan Council. Page 4 of 5 The standards and responses were reviewed by Ms. Noble and she also noted that discussions are underway for alignment of Beecher Rd. and will be discussed at the Public Works committee. Action Item Rezone Chairman Vinyard entertained a motion to approve the Findings of Fact and petition 2024-26 Daniels Malinski Yorkville Family, LLLP. So moved by Mr. Williams and seconded by Ms. Linnane. Motion: Mr. Williams read the motion as follows: In consideration of testimony presented during a Public Hearing on November 13, 2024 and discussion of the Findings of Fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from R-1 Single-Family Residential to M-2 General Manufacturing District for a proposed future data center, contingent upon approval of annexation by the City Council, for a 270-acre property generally located just north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road. Roll call: Forristall-yes, Hyett-yes, Crouch-yes, Millen-yes, Linnane-yes, Vinyard-yes, Williams- yes. Carried 7-0. 5. PZC 2024-27 Grande Reserve Units 18 & 25, the petitioner, Cesar Cruz on behalf of GR Yorkville Residents, LLC, owner, is seeking Final Plat approval for an approximately 22-acre site consisting of 164 new residential townhome lots and four (4) open space outlots located north of the BNSF railroad and east of Tuscany Trail in Yorkville. Ms. Noble described the property. She added that some updates to architectural standards were made and described the building materials to be used. Staff and EDC offered feedback on architectural design materials which were incorporated. The petitioner said it is more modern and sleek look. The Final Plats are in compliance and EEI has recommended approval. This property was initially annexed in 2003 and minor density adjustments were made. The HOA will be responsible for cul-de-sac maintenance. Action Item Final Plat There was no discussion from the the Commissioners and Chairman Vinyard entertained a motion of approval for PZC 2024-27 Grande Reserve Unit 18 & 25. Moved and seconded by Mr. Williams and Mr. Hyett, respectively. Motion read by Mr. Williams as follows: In consideration of the proposed Final Plat of Subdivision of Grande Reserve Units 18 and 25, the Planning and Zoning Commission recommends approval of the plats and architectural elevations to the City Council as presented by the Petitioner in plans prepared by Manhard Consulting, Ltd. dated last revised 9-18-24. Roll call: Forristall-yes, Hyett-yes, Crouch-yes, Millen-yes, Vinyard-yes, Williams-yes, Linnane- yes. Carried 7-0. 6. PZC 2024-28 Grande Reserve Unit 21, the petitioner, Cesar Cruz on behalf of GR Yorkville Residents, LLC, owner, is seeking Final Plat Approval for an approximately 10-acre site consisting of 60 new residential duplex dwelling units on 30 lots located west of the intersection of Crooker Drive and Brady Street in Yorkville. Staff report was given by Ms. Noble and she described the property noting that this development will complete this neighborhood. This was annexed in 2003 as part of the original Grande Reserve PUD and the density is slightly less than originally planned. The design meets the Page 5 of 5 appearance code and the developer did incorporate some suggestions by staff. There was no discussion. Action Item Final Plat Moved by Mr. Williams and seconded by Mr. Hyett to approve PZC 2024-28 Grande Reserve Unit 21. Motion was read by Mr. Williams as follows: In consideration of the proposed Final Plat of Subdivision of Grande Reserve Unit 21, the Planning and Zoning Commission recommends approval of the plat and architectural elevations to the City Council as presented by the Petitioner in plans prepared by Manhard Consulting, Ltd. dated last revised 2-7-24. Roll call: Forristall-yes, Hyett-yes, Crouch-yes, Millen-yes, Linnane-yes, Vinyard-yes, Williams- yes. Carried 7-0. Additional Business 1. City Council Action Updates a. PZC 2024-19 Steve Weber on Behalf of PTS Corp. Ms. Noble stated their recent application for a cannabis dispensary was withdrawn. b. PZC 2024-23 Kendall County Petition 24-26 Timothy Tremain The 1.5 Mile Review Petition was approved. c. PZC 2024-24 Kendall County Petition 24-27, Steve W. Jeffers The 1.5 Mile Review Petition was approved. Adjournment There was no further business and the meeting was adjourned at 8:18pm on a motion by Mr. Williams and second by Mr. Hyett. 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 - November 13, 2024 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARING 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, November 13, 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 - November 13, 2024 2 PRESENT: Mr. Rich Vinyard, Chairman, Mr. Danny Williams, Mr. Greg Millen, Mr. Rusty Hyett. Mr. Ryan Forristall, Ms. Marge Linane, Mr. Michael Crouch. 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 - November 13, 2024 3 APPEARANCES: OTTOSEN, DiNOLFO, HASENBALG & CASTALDO, LTD. BY: MS. MEGAN LAMB 1804 North Naper Boulevard, Suite 350 Naperville, Illinois 60563 (630) 682-0085 appeared on behalf of the United City of Yorkville; LAW OFFICES OF DANIEL J . KRAMER, By: DANIEL J . KRAMER, 1107A South Bridge Street Yorkville, Illinois 60560 (630) 553-9500 appeared on behalf of Heartland Development, LLC. - - - - - 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 - November 13, 2024 4 I N D E X WITNESS:PAGE: DANIEL J . KRAMER 8 SASH DUMANOVIC 14 DREW DANIELS 17 MARY MAHER BARTALONE 19 - - - - - 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 - November 13, 2024 5 (WHEREUPON, the following proceedings were had in public hearing, commencing at 7 :03 p .m .:) CHAIRMAN VINYARD: We are in the public hearings. There are two public hearings scheduled for tonight's Planning and Zoning Commission meeting. The purpose of the 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.) 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 - November 13, 2024 6 CHAIRMAN VINYARD: Okay. So the order for receiving testimony will be as follows: First we're going to start with the petitioner presentation, followed by 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 2024-2 1 , Marker, Incorporated, requesting PUD agreement amendments, preliminary and final PUD plan approval, and PZC 2024-26, Daniels Malinski Yorkville Family, LLLP, requesting rezoning approval? MR. WILLIAMS: So moved. MR. MILLEN: Second. CHAIRMAN VINYARD: Roll call on the motion. MS. YOUNG: Yes. Crouch. MR. CROUCH: Yes. MS. YOUNG: Millen. MR. MILLEN: Yes. MS. YOUNG: Linane. MS. LINANE: Yes. MS. YOUNG: 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 Hearings - November 13, 2024 7 CHAIRMAN VINYARD: Yes. MS. YOUNG: Williams. MR. WILLIAMS: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: And Hyett. MR. HYETT: Yes. CHAIRMAN VINYARD: Okay. Very good. So the first public hearing up for discussion tonight is PZC 2024-2 1 , Marker Incorp., the contract purchaser and petitioner, along with the United City of Yorkville, the property owner, have submitted applications to the City of Yorkville, Kendall County, Illinois. They are requesting an amendment to the Kendall Marketplace Planned Unit Development Agreement and seeking preliminary and final PUD plan approval. The request aims to develop Heartland Meadows West, a mixed use project featuring 20 single-family residential lots for an active adult community and four commercial outlots. The proposed underlying zoning 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 - November 13, 2024 8 designations are R -2 Single-Family Traditional Residential District for the residential area and B -3 General Retail District for the commercial area. The petitioner is also requesting deviations to the side and rear yard setbacks within the R -2 District. The subject property is located on the north side of Blackberry Shore Lane between Northland Lane and Cannonball Trail on an approximately 8 .3 -acre vacant parcel. Is the petitioner for PZC 2024-2 1 prepared to make a presentation? MR. KRAMER: We are. CHAIRMAN VINYARD: Please, sir. DANIEL J . KRAMER, having been first duly sworn, testified from the podium as follows: MR. KRAMER: Thank you. Good evening. My name is Daniel J . Kramer. I am an attorney licensed to practice law in the state of Illinois. My address is 1107A South Bridge Street, Yorkville, Illinois, and I represent Heartland Development, LLC, as you mentioned 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 Hearings - November 13, 2024 9 reading the introduction, who is the contract purchaser of the property. I also have with me tonight in case there is questions that I can't answer, and I am certainly no engineer, we have our engineer, John Tebrugge in the blue sweater and we have Clayton Marker, the young lad here in the corner in front, who is one of the principals of the petitioner. This property became available when the City decided it was surplus property in the past year or so. The City had it appraised and they have had feelers out seeing if anybody was interested for quite some time, and, as I understand it, the Marker Group at Heartland Development was the only people that submitted a written offer, which was accepted by the City Council. The contract is contingent upon the developer getting approval of the plan that you see behind you, and we tried to stay faithful to the zoning classes that were in place, simply moved them around and designed what we think is a high-end development for the city. 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 - November 13, 2024 10 The Markers, as you know, or most of you probably know, over on Freemont Street by St. Patrick's Catholic Church have done a 55-and-over active adult community, and that's exactly what they are proposing to do on the 20 single-family lots, so it's a good thing for the city, you keep your seniors in the city, doesn't throw any kids in the school district. They still pay land cash for both the parks and the schools even though they are not kicking kids in, but they don't pay impact fees because, again, other than a short period of visitation, it's the one time the federal government allows discrimination in housing that you can have active adults 55 and older. The four commercial lots back up to Blackberry Shore Lane. We think that's a good buffer for the single family, and it also allows the opportunity to become a very walkable community. You've got Kendall Marketplace out there with Target, you've got other stores, Kohl's , and the smaller users out there. It wouldn't surprise me terribly 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 - November 13, 2024 11 from what we've done in other communities, Sandwich, Oswego, Montgomery, that some of those buildings would be medical related frankly, not that people my age always need doctors, but we need them more than the young folks, and that's just a natural if you've got a walkable community, plus the retail next door. We've had extensive staff reviewing and planning council that Krysti or Sara will tell you about when it's staff's presentation. We have met with the EDC committee and have gotten recommendations from them, as well as staff, and that consists of four members of the City Council, and so this is the time for the public, if they have comments, to weigh in. I won't drone on any further, and we will see what comments are for and against, and if you want us to get back up in a public hearing or the work session where you actually consider for a vote, we will be happy to. Thank you. CHAIRMAN VINYARD: Thank you. Okay. Is there anyone present who wishes to speak in favor 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 - November 13, 2024 12 of the request? (No response.) CHAIRMAN VINYARD: Anybody? (No response.) CHAIRMAN VINYARD: Okay. Is there anyone present who wishes to speak in opposition of the request? (No response.) CHAIRMAN VINYARD: No one wants to speak tonight? Okay. (No response.) CHAIRMAN VINYARD: Are there any questions from the commissioners for the petitioner? (No response.) CHAIRMAN VINYARD: Anybody? Nothing? Okay. (No response.) MR. DUMANOVIC: Take questions from the public? CHAIRMAN VINYARD: Yeah, that's what I was just asking. MR. DUMANOVIC: I 'm not -- MS. LAMB: Sir, Chair, can you swear 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 - November 13, 2024 13 him? CHAIRMAN VINYARD: Yeah, that was -- that's why I asked. Would you like to speak? MR. DUMANOVIC: I didn't plan on it, but yes, I can be sworn, that's fine. CHAIRMAN VINYARD: Okay. All right. Please, would you go ahead and stand up? MR. KRAMER: You should be sworn, too. You weren't in here before. (Witnesses duly sworn.) CHAIRMAN VINYARD: All right. Thank you. You guys may be seated. Okay. So let's go back to this. Is there anyone present who wishes to speak in opposition of the request? (No response.) CHAIRMAN VINYARD: Okay. You have no questions from the commissioners, correct? (No response.) CHAIRMAN VINYARD: Very good. Petitioner, you would like to have your responses to the standards entered into public record, correct? MR. KRAMER: 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 Hearings - November 13, 2024 14 CHAIRMAN VINYARD: Very good. MR. KRAMER: And if this gentleman would like to get up and speak, we'll see if he has questions . SASH DUMANOVIC, having been first duly sworn, testified from the podium as follows: MR. DUMANOVIC: Yes, I have a question. So is that at the -- CHAIRMAN VINYARD: Yes. MR. DUMANOVIC: Okay. Fair enough. The question was are we for or against. I don't know yet, you know, what if -- I need more information. I need to hear pros and cons and everything. So where do I present my questions as we go? CHAIRMAN VINYARD: So what are your questions right now, do you have about the -- And could you state your name for us just for the record? MR. DUMANOVIC: Sash Dumanovic. CHAIRMAN VINYARD: Okay. What are your biggest concerns and thoughts right now? What 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 - November 13, 2024 15 other pieces of information would you like? MR. DUMANOVIC: I live on the detention pond across the way there. CHAIRMAN VINYARD: Okay. MR. DUMANOVIC: I think it's a terrific concept and a good start to a plan. I am concerned as a neighbor, you know, nearby of the density, of the commercial aspect, that it's going to make the neighborhood look a little different. You know, I could go on, you know, a little bit, but I won't belabor those points, so -- CHAIRMAN VINYARD: Sure. MR. DUMANOVIC: -- again, I 've read the full packet, I 've looked through it to my best ability, but as we go, I still may have questions. CHAIRMAN VINYARD: Sure. MR. DUMANOVIC: So when -- you know, do I come up here each and every time I have a question? CHAIRMAN VINYARD: We can have that addressed when you do have a question. MR. DUMANOVIC: Fair enough. 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 - November 13, 2024 16 CHAIRMAN VINYARD: Fair enough? MR. DUMANOVIC: Yes. Thank you. CHAIRMAN VINYARD: Okay. Very good. So he wants his standards put in there. So the second public hearing up for tonight's discussion is PZC 2024-26, Drew Daniels on behalf of Daniels Malinski Yorkville Family, L L L P , petitioner/owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. The real property consists of four parcels totaling approximately 268.30 acres and is generally located at the northwest corner of Veterans Parkway, U .S . 34 and Beecher Road. The petitioner is requesting rezoning approval from R -1 Single-Family Suburban Residential District to M -2 General Manufacturing District. So is the petitioner for PZC 2024-26, Daniels Malinski Yorkville Family, LLLP, present and prepared to make its presentation for -- MR. DANIELS: 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 Hearings - November 13, 2024 17 CHAIRMAN VINYARD: -- their proposed request? MR. DANIELS: Yes. CHAIRMAN VINYARD: Please, sir. DREW DANIELS, having been first duly sworn, testified from the podium as follows: MR. DANIELS: Hi there. I am Drew Daniels. I represent the Daniels Malinski Yorkville Family, LLLP. This is a property that my family and I have owned for over 50 years now, and as you all know, it's been -- it's been farmed all those years. It has been in unincorporated Kendall County, and what we have -- what we have moved here -- what we are here tonight for is for the annexation and rezoning of the property, so when you -- right now it's currently zoned agricultural, but when we annex into a new town, the zoning automatically goes down to an R -1 , so what we are requesting here is we'd like to change the R -1 that we are annexing into M -2 , and that is specifically for what is going on in 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 Hearings - November 13, 2024 18 area that everyone is obviously so familiar with, which is especially just to the north with that ComEd substation and directly almost to the north is the CyrusOne property that was zoned recently. So, you know, there is not much to say about the property other than about one-third of it is west of the creek, two-thirds is east of the creek, and that's about it. That's it for now. CHAIRMAN VINYARD: Thank you. MR. DANIELS: Yeah. CHAIRMAN VINYARD: Is there anyone present who wishes to speak in favor of this request? (No response.) CHAIRMAN VINYARD: Is there anyone present who wishes to speak in opposition of this request? Please, could you stand up and state your name? MS. BARTALONE: Mary Maher Bartalone. CHAIRMAN VINYARD: Could you sign in at the podium when he is done? 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 - November 13, 2024 19 MS. BARTALONE: I will. CHAIRMAN VINYARD: Thank you. MARY MAHER BARTALONE, having been first duly sworn, testified from the podium as follows: MS. BARTALONE: Okay. My name is Mary Maher Bartalone. I kind of wear two hats here; I am a property owner immediately adjacent to the eastern edge of that -- of the M -2 zoning proposition land, but also I am the Bristol Township assessor, so I guess I come in here in favor on one hand because we really do need a lot more assessed value in this like aggregate form. It will help with the property taxes in the long run getting this kind of property value added. I do also understand that it's sort of the future of the corridor of Eldamain Road for these data farms to be built, but I look at this piece of property and I am opposed to M -2 zoning at this very moment only because it's so far down the line. From what I understand it's five to ten years before this development may happen, and 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 - November 13, 2024 20 I don't understand or support why you would grant the zoning now because it could be -- they are saying right now it could be a data farm, but what if it could be some -- like what if someone gets another opportunity and then you are looking at maybe a manufacturing plant? Well, how are you going to stop it when you have already granted the M -2 zoning? So that's for example. Another point is this property was from what I understand originally supposed to a commercial belt property, so I guess that's just fallen by the wayside, but I just kind of wonder why that wouldn't still be a consideration for the future. If you look at Route 34 and how it is as you go, it is a mix of commercial and residential, and so now we are talking about 70-foot high buildings being constructed right along, you know, a busy thoroughfare that is surrounded by residential properties both to the south and to the east, and also a commercial property, so it just kind of seems like -- I don't know. 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 - November 13, 2024 21 And then my other direct question that I have is how is the extension of Beecher Road planned? I would like to know that. From what I understand, that was imminent how that was going to be extended because what I saw a picture of put the road up against my property line, so -- which I would obviously not be happy about. CHAIRMAN VINYARD: Okay. MS. BARTALONE: All right. That's it. CHAIRMAN VINYARD: Very good. Thank you so much. MS. BARTALONE: Thank you. CHAIRMAN VINYARD: Are there any questions from the commissioners for the petitioner? (No response.) CHAIRMAN VINYARD: Okay. Would you guys like your responses to the standards entered into the public record? MR. DANIELS: Sure. CHAIRMAN VINYARD: Okay. Very good. All right. So this is going to be the conclusion of the public 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 - November 13, 2024 22 Since all public testimony regarding these petitions has been taken, may I have a motion to close the taking of testimony of these public hearings? MR. WILLIAMS: So moved. MR. CROUCH: So moved. MR. WILLIAMS: Second. CHAIRMAN VINYARD: All right. Very good. Roll call vote on the motion, please. MS. YOUNG: Yes. Millen. MR. MILLEN: Yes. MS. YOUNG: Linane. MS. LINANE: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: Williams. MR. WILLIAMS: Yes. MS. YOUNG: Forristall. MR. FORRISTALL: Yes. MS. YOUNG: Hyett. MR. HYETT: Yes. MS. YOUNG: And Crouch. MR. CROUCH: Yes. CHAIRMAN VINYARD: Okay. 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 Hearings - November 13, 2024 23 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 :19 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 - November 13, 2024 24 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 25, 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 - November 13, 2024 25 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 20th day of November, 2024. /s / Christine M . Vitosh CHRISTINE M . VITOSH, C .S .R . 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17:19, 18:4 Zoning [1] - 5:6 zoning [7] - 7:24, 9:22, 17:21, 19:9, 19:21, 20:2, 20:8 ZONING [1] - 1:11 1 SUMMARY: A request to amend Section 10-5-5. Fences in the Unified Development Ordinance regarding the permitted materials for fences in the City’s residential districts. The proposed amendment would allow for vinyl coated chain-link fences to be a permitted material in residential districts, where now vinyl coated-chain link fences are solely permitted in the rear and side yard only on properties in nonresidential districts. BACKGROUND: The City’s Community Development Department has been receiving several inquires from residents requesting vinyl coated chain link be a permitted fence material on their property. However, due to the City’s current standards, the vinyl coated chain link material is not permitted. In the City’s 2015 Zoning Ordinance, vinyl coated chain link was listed an acceptable material for fences on residential properties in the rear and side yard only. Therefore, residents are strongly urging the City to consider reverting the ordinance back to allow vinyl coated chain link be listed as an acceptable fence material in the rear and side yard of their properties. Below is an image of the 2015 Zoning Ordinance showing the list of permitted materials in residential districts. In the summer of 2019, the City began updating its zoning and development controls to make them more user-friendly, modern, and aligned with the community’s vision for the future, as outlined in the 2016 Memorandum To: Planning and Zoning Commission From: Sara Mendez, Planner I CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: December 4, 2024 Subject: PZC 2024-25 UDO Chapter 5 Development Standards (Fences) 2 Comprehensive Plan. To support this effort, the Unified Development Ordinance (UDO) Advisory Committee was formed to provide guidance and ensure that the project aligned with Yorkville’s vision and goals. Members of the UDO Advisory Committee were appointed by the Mayor and City Council. The table below display the five members of the UDO Advisory Committee. Name Title Chris Funkhouser Public Safety, Alderman Daniel Transier Alderman Debra Horaz PZC, White Oaks Homeowners Association Jeff Olson PZC, Construction David Schultz Resident, Engineer, HR Green During the December 9, 2021, UDO Advisory Committee meeting, the committee reviewed Chapter 5 Development Standards, which included regulations on fences. The committee unanimously agreed that plastic-coated or plastic strip chain link fences should not be allowed in residential areas, but exi sting fences using these materials would be grandfathered in until replacement was necessary. Per the meeting minutes, “The committee discussed the use of galvanized chain link fences in residential, commercial, and industrial areas. Plastic coating or plastic strips could be used in the fence in certain applications. They unanimously decided those fences should not be allowed in residential areas. If they are already present, the fence will be grandfathered in until it must be replaced. They also agreed to leave the height at 6 feet for a fence on a corner lot.” Therefore, vinyl coated chain link was removed as a permitted material in residential districts and changed to only be allowed in rear and side yards only on properties in nonresidential districts. With the changes of the fencing materials allowed in residential area included, the City adopted the updated Unified Development Ordinance in January 2024. Due to the influx of requests made by residents and residents noting vinyl coated chain link fences used to be approved by the city, Staff is requesting to amend Section 10-5-5. Fences in the Unified Development Ordinance, to be reverted to the City’s 2015 Zoning Ordinance where vinyl coated chain link are a permitted material in the rear and side yard only on residential properties. PROPOSED TEXT AMENDMENT: Staff is proposing to amend Section 10-5-5. Fences in the Unified Development Ordinance (UDO) related to materials permitted in residential districts. The following is a summary of the proposed amendments: A. Regulations for All Zoning Districts. 1. Fences thirty-six (36) inches or more in height require a building permit. 2. All fences must be erected so that the finished side of the fence faces outward or away from the lot on which the fence is erected. 3. No more than two (2) different types of fencing material are permitted per lot. 4. Materials. The materials listed below are acceptable for a fence in any district unless specific districts are specified in in this subsection. These materials are an example of acceptable fencing. 3 The Zoning Administrator has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. a. Stone, b. Brick, c. Natural rot resistant wood (cedar, cyprus, redwood), d. Cast or wrought iron, e. Plastic, f. Aluminum, g. Composite wood and plastic, h. Vinyl coated chain-link (rear and side yard only in all zoning districts on properties in nonresidential districts). i. Galvanized chain-link (only on M-1 or M-2 properties adjacent to other M-1 or M-2 property). B. Placement. 1. Fences may be built up to the property line but shall not extend beyond the front plane of the primary building facade in residential and business districts and must be located entirely on the property of the owner constructing it. 2. Fences may be constructed within an easement, though future work within the easement may result in the removal of the fence. Fences are not allowed in some types of restricted easements, such as those dedicated for landscape, sidewalks, trails, access or where otherwise limited by an easement document. 3. The property owner is responsible for locating property lines, prior to the installation of the fence. 4. Fences, walls, or hedges shall not encroach on any public right-of-way. 5. It shall be the responsibility of the property owner to ensure that a fence does not block or obstruct the flow of stormwater. 6. All solid fences, walls, hedges, or shrubberies which exceed three (3) feet above the street grade shall comply with the vision clearance standards of Section 10-5-6 of this title. C. Prohibited Fences. 1. Fences or enclosures charged with or designed to be charged with electrical current are prohibited, except for underground dog fences. 2. Any fence made of, in whole or in part, cloth, canvas or other like material is prohibited. 3. No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items as determined by the Zoning Administrator. D. Height. Except as otherwise permitted in this title, annexation agreements, planned unit developments or any other development related agreements or ordinances, fences shall not exceed the maximum height as listed in Table 10-5-5(D) of this section. 4 Table 10-5-5(D) Fence Height Standards District/Use Maximum Height per Yard Front Yard Corner Side Yard Interior Side Yard Rear Yard Residential Districts 3 feet1 6 feet 6 feet2 6 feet2 Business Districts 3 feet1 6 feet 6 feet2 6 feet2 Manufacturing District 8 feet 8 feet 8 feet 8 feet Public Uses and Utilities 8 feet 8 feet 8 feet 8 feet Notes: 1. Fence may be a maximum of four (4) feet in height if opacity does not exceed fifty (50) percent. 2. Fence may be a maximum of eight (8) feet in height if in height if in a residential district and adjacent to a nonresidential use or in a business district and adjacent to a residential use. STAFF COMMENTS: Staff supports the proposed text amendment to the Fence Standards in the Unified Development Ordinance, as it addresses ongoing resident requests to revert to th e City's 2015 Zoning Ordinance standards. Additionally, allowing vinyl-coated chain link fences in the rear and side yards of residential districts will not impact the public health, safety, or general welfare of City residents. This text amendment request will be brought to City Council on January 14, 2024. As currently written, the provision in the UDO may seem ambiguous to residents and staff, leading to potential misinterpretation that vinyl-coated chain link fencing is allowed in all residential yards and only in the rear and side yards for non-residential properties. If the proposed text amendment is not approved, staff suggests adding language to clarify this ambiguity. PROPOSED MOTION: In consideration of testimony presented during a Public Hearing on December 11, 2024 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council of a request to amend Section 10-5-5 Fences in the Unified Development Ordinance to allow vinyl coated chain link be listed as an acceptable fence material in the rear and side yard only in all zoning district as presented in a staff memorandum dated December 4, 2024 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments 1. Draft Approving Ordinance 2. Proposed redlined amendments to Section 10-5-5 Fences in the Unified Development Ordinance 3. Page 123 of 2015 Zoning Ordinance 4. Public Hearing Notice Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO THE YORKVILLE UNIFIED DEVELOPMENT ORDINANCE REGARDING FENCE STANDARDS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, pursuant to Section 10-8-11 of the United City of Yorkville Unified Development Ordinance (“UDO”) the City may initiate amendments to the Zoning Ordinance; and WHEREAS, the City filed a request seeking an amendment to the UDO to permit vinyl coated chain link fences on residential properties; and WHEREAS, the Planning and Zoning Commission convened and held a public hearing on December 11, 2024 to consider the request and forward a recommendation to the City Council to approve the requested text amendment. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the above recitals are hereby incorporated and made a part of this Ordinance. Section 2. That Section 10-5-5 Fences of the United City of Yorkville Unified Development Ordinance, specifically 10-5-5(A)(4)(h) regarding vinyl coated chain-link fences, is hereby amended as attached hereto and made a part hereof as Exhibit A. Section 3. This ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. [Remainder of page intentionally left blank. Roll call vote follows.] Ordinance No. 2024-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK United City of Yorkville Chapter 5. Development Standards Unified Development Ordinance Update Page 39 of 46 Fences A. Regulations for All Zoning Districts. 1. Fences thirty-six (36) inches or more in height require a building permit. 2. All fences must be erected so that the finished side of the fence faces outward or away from the lot on which the fence is erected. 3. No more than two (2) different types of fencing material are permitted per lot. 4. Materials. The materials listed below are acceptable for a fence in any district unless specific districts are specified in in this subsection. These materials are an example of acceptable fencing. The Zoning Administrator has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. a. Stone, b. Brick, c. Natural rot resistant wood (cedar, cyprus, redwood), d. Cast or wrought iron, e. Plastic, f. Aluminum, g. Composite wood and plastic, h. Vinyl coated chain-link (rear and side yard only in all zoning districts on properties in nonresidential districts). i. Galvanized chain-link (only on M-1 or M-2 properties adjacent to other M-1 or M-2 property). B. Placement. 1. Fences may be built up to the property line but shall not extend beyond the front plane of the primary building facade in residential and business districts and must be located entirely on the property of the owner constructing it. 2. Fences may be constructed within an easement, though future work within the easement may result in the removal of the fence. Fences are not allowed in some types of restricted easements, such as those dedicated for landscape, sidewalks, trails, access or where otherwise limited by an easement document. 3. The property owner is responsible for locating property lines, prior to the installation of the fence. 4. Fences, walls, or hedges shall not encroach on any public right-of-way. 5. It shall be the responsibility of the property owner to ensure that a fence does not block or obstruct the flow of stormwater. 6. All solid fences, walls, hedges, or shrubberies which exceed three (3) feet above the street grade shall comply with the vision clearance standards of Section 10-5-6 of this title. C. Prohibited Fences. 1. Fences or enclosures charged with or designed to be charged with electrical current are prohibited, except for underground dog fences. 2. Any fence made of, in whole or in part, cloth, canvas or other like material is prohibited. United City of Yorkville Chapter 5. Development Standards Unified Development Ordinance Update Page 40 of 46 3. No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items as determined by the Zoning Administrator. D. Height. Except as otherwise permitted in this title, annexation agreements, planned unit developments or any other development related agreements or ordinances, fences shall not exceed the maximum height as listed in Table 10-5-5(D) of this section. Front Yard Corner Side Yard Interior Side Yard Rear Yard Residential Districts 3 feet 1 6 feet 6 feet 2 6 feet 2 Business Districts 3 feet 1 6 feet 6 feet 2 6 feet 2 Manufacturing District 8 feet 8 feet 8 feet 8 feet Public Uses and Utilities 8 feet 8 feet 8 feet 8 feet 2. Fence may be a maximum of eight (8) feet in height if in a residential district and adjacent to a nonresidential use or in a business district and adjacent to a residential use. District/Use Table 10-5-5(D) Fence Height Standards Maximum Height per Yard Notes: 1. Fence may be a maximum of four (4) feet in height if opacity does not exceed fifty (50) percent. Chapter 17: Fencing and Screening E. Regulations for Residential Districts 1. Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.01. 2. Materials The following materials are acceptable for any residential district fence: • Stone • Brick • Natural Rot Resistant Wood (Cedar, Cyprus, Redwood) • Cast or Wrought Iron • Plastic • Aluminum • Composite Wood and Plastic • Vinyl Coated Chain Link (rear and side yard only) 3. These materials are an example of acceptable fencing. The Community Development Director has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. F. Regulations for Business Districts 1. Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.02. Table 10.17.02 Business District Fence Heights Yard Maximum Height Front Yard 3 Feet 4 Feet if at least 50% opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a residential use Corner Side Yard 3 Feet 4 Feet if at least 50% opacity Rear Yard 6 Feet 8 Feet if adjacent to a residential use 2. Materials The following materials are acceptable for any business district fence: • Stone • Brick • Natural Rot Resistant Wood (Cedar, Cyprus, Redwood) • Cast or Wrought Iron • Plastic • Aluminum • Composite Wood and Plastic • Vinyl Coated Chain Link (rear and side yard only) 3. These materials are an example of acceptable fencing. The Community Development Director has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. Table 10.17.01 Residential District Fence Heights Yard Maximum Height Front Yard 3 Feet 4 Feet if at a maximum 50% opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a non-residential use Corner Side Yard 3 Feet 4 Feet if at a maximum 50% opacity Rear Yard 6 Feet 8 Feet if adjacent to a non-residential use [ United City of Yorkville Zoning Ordinance ] [ 123 ] PUBLIC NOTICE OF A HEARING BEFORE THE UNITED CITY OF YORKVILLE PLANNING AND ZONING COMMISION PZC 2024-25 NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission of the United City of Yorkville will conduct a public hearing on December 11, 2024 at 7:00PM at the Yorkville City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, regarding an amendment to Chapter 5. Development Standards specifically fences within the United City of Yorkville’s Unified Development Ordinance. The proposed text amendment will allow vinyl coated chain link fence material in residential districts. 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 City Clerk Summary Proposed 2025 meeting schedule for the Planning and Zoning Commission. Meeting Schedule for 2025 For 2025, 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: • January 8, 2025 • February 12, 2025 • March 12, 2025 • April 9, 2025 • May 14, 2025 • June 11, 2025 • July 9, 2025 • August 13, 2025 • September 10, 2025 • October 8, 2025 • November 12, 2025 • December 10, 2025 Recommendation Staff recommends review of the proposed meeting dates and time so that a meeting schedule can be finalized for 2025. Memorandum To: Planning and Zoning Commission From: Jori Behland, City Clerk CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: December 3, 2024 Subject: Planning and Zoning Commission Meeting Schedule for 2025