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
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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.
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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
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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
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PZC - Public Hearings - November 13, 2024
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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 .
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PZC - Public Hearings - November 13, 2024
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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.
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PZC - Public Hearings - November 13, 2024
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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.
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815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearings - November 13, 2024
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I N D E X
WITNESS:PAGE:
DANIEL J . KRAMER 8
SASH DUMANOVIC 14
DREW DANIELS 17
MARY MAHER BARTALONE 19
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PZC - Public Hearings - November 13, 2024
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(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.)
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PZC - Public Hearings - November 13, 2024
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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.
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PZC - Public Hearings - November 13, 2024
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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
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PZC - Public Hearings - November 13, 2024
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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
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PZC - Public Hearings - November 13, 2024
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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.
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PZC - Public Hearings - November 13, 2024
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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?
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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
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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.
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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.
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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
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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 ---
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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 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.
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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 20th day of
November, 2024.
/s / Christine M . Vitosh
CHRISTINE M . VITOSH,
C .S .R . Certificate No. 084-02883
/
/s [1] - 25:12
0
084-02883 [1] - 25:13
1
1 [1] - 24:11
1107A [2] - 3:8, 8:22
13 [1] - 1:22
14 [1] - 4:4
17 [1] - 4:5
1804 [1] - 3:3
19 [1] - 4:6
2
20 [2] - 7:21, 10:5
2024 [2] - 1:22, 25:9
2024-21 [3] - 6:8, 7:10,
8:12
2024-26 [3] - 6:11,
16:6, 16:21
20th [1] - 25:8
25 [1] - 24:11
268.30 [1] - 16:13
3
34 [2] - 16:15, 20:16
350 [1] - 3:3
5
50 [1] - 17:12
55 [1] - 10:15
55-and-over [1] - 10:4
553-9500 [1] - 3:9
6
60560 [1] - 3:8
60563 [1] - 3:4
630 [2] - 3:4, 3:9
651 [1] - 1:18
682-0085 [1] - 3:4
7
70-foot [1] - 20:19
7:00 [1] - 1:23
7:03 [1] - 5:3
7:19 [1] - 23:5
8
8 [1] - 4:3
8.3-acre [1] - 8:11
A
ability [1] - 15:16
accepted [1] - 9:17
accuracy [1] - 25:5
acres [1] - 16:13
action [1] - 24:24
active [3] - 7:22, 10:4,
10:15
added [1] - 19:16
address [1] - 8:22
addressed [1] - 15:23
adjacent [1] - 19:8
adult [2] - 7:22, 10:4
adults [1] - 10:15
age [1] - 11:4
aggregate [1] - 19:13
agreement [1] - 6:9
Agreement [1] - 7:17
agricultural [1] -
17:20
ahead [1] - 13:7
aided [1] - 24:14
aims [1] - 7:19
allows [2] - 10:14,
10:18
almost [1] - 18:3
ALSO [1] - 2:11
amendment [1] - 7:15
amendments [1] -
6:10
AND [1] - 1:11
annex [1] - 17:20
annexation [1] - 17:18
annexing [1] - 17:23
answer [1] - 9:4
APPEARANCES [1] -
3:1
appeared [2] - 3:5,
3:10
application [1] - 16:8
applications [1] - 7:13
applies [1] - 25:2
appraised [1] - 9:12
approval [5] - 6:11,
6:13, 7:18, 9:20,
16:17
area [3] - 8:2, 8:4, 18:1
aspect [1] - 15:8
assessed [1] - 19:13
assessor [1] - 19:11
assume [1] - 25:4
attached [1] - 25:2
attorney [3] - 8:20,
24:21, 24:22
automatically [1] -
17:21
available [1] - 9:10
B
B-3 [1] - 8:3
Barksdale [1] - 2:12
Barksdale-Noble [1] -
2:12
Bartalone [2] - 18:22,
19:7
BARTALONE [7] - 4:6,
18:22, 19:1, 19:3,
19:6, 21:10, 21:13
became [1] - 9:10
become [1] - 10:19
Beecher [2] - 16:15,
21:2
behalf [3] - 3:5, 3:10,
16:7
behind [1] - 9:21
belabor [1] - 15:11
belt [1] - 20:12
best [1] - 15:15
between [1] - 8:9
biggest [1] - 14:24
bit [1] - 15:11
Blackberry [2] - 8:9,
10:17
blue [1] - 9:6
Boulevard [1] - 3:3
Bridge [2] - 3:8, 8:22
Bristol [1] - 19:10
buffer [1] - 10:18
buildings [2] - 11:3,
20:19
built [1] - 19:19
busy [1] - 20:20
BY [1] - 3:3
C
C.S.R [1] - 25:13
Cannonball [1] - 8:10
case [1] - 9:3
cash [1] - 10:9
CASTALDO [1] - 3:2
Catholic [1] - 10:3
certainly [1] - 9:5
certificate [1] - 25:1
Certificate [1] - 25:13
Certified [1] - 24:3
certified [1] - 25:4
certify [2] - 24:5, 25:1
Chair [1] - 12:24
CHAIRMAN [43] - 5:4,
6:1, 6:16, 7:1, 7:8,
8:15, 11:23, 12:3,
12:5, 12:9, 12:12,
12:16, 12:21, 13:2,
13:6, 13:11, 13:17,
13:20, 14:1, 14:10,
14:18, 14:23, 15:4,
15:13, 15:18, 15:22,
16:1, 16:3, 17:1,
17:4, 18:11, 18:13,
18:17, 18:23, 19:2,
21:9, 21:11, 21:14,
21:18, 21:22, 22:8,
22:15, 22:24
Chairman [1] - 2:3
change [1] - 17:23
Christine [1] - 25:12
CHRISTINE [2] - 24:3,
25:13
Church [1] - 10:3
CITY [1] - 1:7
city [3] - 9:24, 10:7
City [8] - 3:5, 7:12,
7:13, 9:11, 9:12,
9:17, 11:15, 16:9
classes [1] - 9:22
classification [1] -
16:11
Clayton [1] - 9:6
clearly [1] - 5:17
close [1] - 22:3
closed [1] - 23:2
ComEd [1] - 18:3
commencement [1] -
24:6
commencing [1] - 5:3
comments [2] - 11:16,
11:18
commercial [7] - 7:22,
8:3, 10:16, 15:8,
20:12, 20:17, 20:22
COMMISSION [1] -
1:11
Commission [2] - 5:7,
5:11
commissioners [3] -
12:13, 13:18, 21:15
committee [1] - 11:12
communities [1] -
11:1
community [4] - 7:22,
10:4, 10:20, 11:7
Community [1] - 2:12
computer [1] - 24:14
computer-aided [1] -
24:14
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concept [1] - 15:6
concerned [1] - 15:7
concerning [1] - 24:8
concerns [1] - 14:24
concluding [1] - 23:5
conclusion [1] - 21:23
cons [1] - 14:14
consider [1] - 11:20
consideration [1] -
20:14
considered [1] - 5:11
consists [2] - 11:14,
16:12
constitutes [1] - 24:15
constructed [1] -
20:19
contingent [1] - 9:19
contract [3] - 7:11,
9:1, 9:19
control [1] - 25:6
copies [2] - 25:3, 25:6
corner [2] - 9:7, 16:14
correct [2] - 13:18,
13:23
corridor [1] - 19:18
council [1] - 11:9
Council [2] - 9:18,
11:15
counsel [2] - 24:21,
24:22
COUNTY [1] - 24:2
County [3] - 7:14,
16:10, 17:16
creek [2] - 18:8, 18:9
crouch [1] - 6:18
CROUCH [3] - 6:19,
22:6, 22:23
Crouch [2] - 2:9,
22:22
CyrusOne [1] - 18:4
D
DANIEL [4] - 3:7, 3:7,
4:3, 8:16
Daniel [1] - 8:20
Daniels [6] - 6:11,
16:6, 16:7, 16:21,
17:9
DANIELS [7] - 4:5,
16:24, 17:3, 17:5,
17:8, 18:12, 21:21
Danny [1] - 2:4
data [2] - 19:19, 20:3
decided [1] - 9:11
density [1] - 15:8
designations [1] - 8:1
designed [1] - 9:23
detention [1] - 15:2
develop [1] - 7:19
developer [1] - 9:20
development [2] -
9:24, 19:24
Development [5] -
2:13, 3:10, 7:16,
8:24, 9:16
deviations [1] - 8:6
different [1] - 15:10
DiNOLFO [1] - 3:2
direct [1] - 21:1
direction [2] - 24:15,
25:6
directly [2] - 18:3,
24:23
Director [1] - 2:13
discrimination [1] -
10:14
discussion [2] - 7:9,
16:6
district [1] - 10:8
District [5] - 8:2, 8:3,
8:7, 16:18, 16:19
doctors [1] - 11:4
done [3] - 10:3, 11:1,
18:24
door [1] - 11:7
down [2] - 17:21,
19:22
DREW [2] - 4:5, 17:5
Drew [2] - 16:6, 17:8
Drive [1] - 1:18
drone [1] - 11:17
duly [6] - 8:17, 13:10,
14:6, 17:6, 19:4,
24:7
DUMANOVIC [14] -
4:4, 12:19, 12:23,
13:4, 14:5, 14:8,
14:11, 14:22, 15:2,
15:5, 15:14, 15:19,
15:24, 16:2
Dumanovic [1] - 14:22
during [1] - 5:20
E
east [2] - 18:8, 20:22
eastern [1] - 19:9
EDC [1] - 11:12
edge [1] - 19:9
Eldamain [1] - 19:18
employee [2] - 24:20,
24:21
end [1] - 9:24
engineer [2] - 9:5
entered [2] - 13:22,
21:19
especially [1] - 18:2
evening [1] - 8:19
exactly [1] - 10:5
example [1] - 20:9
extended [1] - 21:5
extension [1] - 21:2
extensive [1] - 11:8
F
fair [3] - 14:11, 15:24,
16:1
faithful [1] - 9:21
fallen [1] - 20:13
familiar [1] - 18:1
Family [6] - 6:12, 8:1,
16:7, 16:17, 16:21,
17:10
family [4] - 7:21, 10:6,
10:18, 17:11
far [1] - 19:22
farm [1] - 20:3
farmed [1] - 17:13
farms [1] - 19:19
favor [4] - 6:5, 11:24,
18:14, 19:12
featuring [1] - 7:21
federal [1] - 10:13
feelers [1] - 9:13
fees [1] - 10:12
filed [1] - 16:8
final [2] - 6:10, 7:17
fine [1] - 13:5
first [6] - 6:3, 7:9,
8:17, 14:6, 17:6,
19:4
five [1] - 19:23
folks [1] - 11:5
followed [2] - 6:4, 6:5
following [1] - 5:1
follows [5] - 6:2, 8:18,
14:7, 17:7, 19:5
foregoing [1] - 24:10
form [1] - 19:14
FORRISTALL [2] -
7:5, 22:19
Forristall [3] - 2:7, 7:4,
22:18
four [4] - 7:22, 10:16,
11:14, 16:12
frankly [1] - 11:3
Freemont [1] - 10:2
front [1] - 9:8
full [1] - 15:15
future [2] - 19:18,
20:15
G
General [2] - 8:3,
16:18
generally [1] - 16:14
gentleman [1] - 14:2
given [1] - 24:16
government [1] -
10:14
grant [1] - 20:1
granted [1] - 20:8
Greg [1] - 2:5
Group [1] - 9:15
guess [2] - 19:11,
20:12
guys [2] - 13:12, 21:18
H
hand [4] - 5:23, 19:12,
25:4, 25:8
happy [2] - 11:21, 21:8
HASENBALG [1] - 3:2
hats [1] - 19:7
hear [1] - 14:14
heard [2] - 5:15, 24:7
HEARING [1] - 1:12
hearing [12] - 5:3, 5:8,
5:21, 6:8, 7:9, 11:19,
16:5, 21:24, 23:1,
23:4, 24:10, 24:18
hearings [3] - 5:5,
22:4
Heartland [4] - 3:10,
7:20, 8:24, 9:15
help [1] - 19:14
hereby [1] - 24:5
herein [1] - 24:9
hereto [2] - 24:23,
25:2
hereunto [1] - 25:7
hi [1] - 17:8
high [2] - 9:24, 20:19
high-end [1] - 9:24
housing [1] - 10:14
Hyett [3] - 2:6, 7:6,
22:20
HYETT [2] - 7:7, 22:21
I
ILLINOIS [2] - 1:8,
24:1
Illinois [9] - 1:19, 3:4,
3:8, 7:14, 8:22, 8:23,
16:10, 24:4, 25:8
immediately [1] - 19:8
imminent [1] - 21:5
impact [1] - 10:11
IN [1] - 25:7
Incorp [1] - 7:10
Incorporated [1] - 6:9
indirectly [1] - 24:24
information [2] -
14:14, 15:1
interested [2] - 9:14,
24:23
introduction [1] - 9:1
invite [1] - 5:9
J
John [1] - 9:5
K
keep [1] - 10:7
Kendall [5] - 7:14,
7:16, 10:21, 16:9,
17:16
kicking [1] - 10:11
kids [2] - 10:8, 10:11
kind [4] - 19:7, 19:15,
20:13, 20:23
Kohl's [1] - 10:23
Kramer [1] - 8:20
KRAMER [9] - 3:7,
3:7, 4:3, 8:14, 8:16,
8:19, 13:8, 13:24,
14:2
Krysti [2] - 2:12, 11:9
L
lad [1] - 9:7
LAMB [2] - 3:3, 12:24
land [2] - 10:9, 19:10
Lane [3] - 8:9, 8:10,
10:17
LASALLE [1] - 24:2
LAW [1] - 3:7
law [1] - 8:21
Leland [1] - 25:8
licensed [1] - 8:21
LINANE [2] - 6:23,
22:13
Linane [3] - 2:8, 6:22,
22:12
line [2] - 19:22, 21:7
live [1] - 15:2
LLC [2] - 3:10, 8:24
LLLP [4] - 6:12, 16:8,
16:21, 17:10
located [2] - 8:8,
16:14
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearings - November 13, 2024
2
look [3] - 15:9, 19:19,
20:16
looked [1] - 15:15
looking [1] - 20:5
LTD [1] - 3:2
M
M-2 [5] - 16:18, 17:23,
19:9, 19:20, 20:8
machine [1] - 24:12
MAHER [2] - 4:6, 19:3
Maher [2] - 18:22, 19:7
Malinski [4] - 6:11,
16:7, 16:21, 17:9
manufacturing [1] -
20:6
Manufacturing [1] -
16:18
Marge [1] - 2:8
Marker [4] - 6:9, 7:10,
9:7, 9:15
Markers [1] - 10:1
Marketplace [2] -
7:16, 10:21
Marlys [1] - 2:15
MARY [2] - 4:6, 19:3
Mary [2] - 18:22, 19:6
matters [1] - 24:9
Meadows [1] - 7:20
means [1] - 24:12
medical [1] - 11:3
meeting [3] - 5:7,
23:1, 23:5
MEGAN [1] - 3:3
member [1] - 5:22
members [2] - 5:9,
11:14
Mendez [1] - 2:14
mentioned [1] - 8:24
met [1] - 11:12
Michael [1] - 2:9
MILLEN [3] - 6:15,
6:21, 22:11
Millen [3] - 2:5, 6:20,
22:10
Minute [1] - 2:15
mix [1] - 20:17
mixed [1] - 7:20
moment [1] - 19:21
Montgomery [1] - 11:2
most [1] - 10:1
motion [4] - 6:7, 6:17,
22:3, 22:9
moved [5] - 6:14,
9:23, 17:17, 22:5,
22:6
MR [37] - 6:14, 6:15,
6:19, 6:21, 7:3, 7:5,
7:7, 8:14, 8:19,
12:19, 12:23, 13:4,
13:8, 13:24, 14:2,
14:8, 14:11, 14:22,
15:2, 15:5, 15:14,
15:19, 15:24, 16:2,
16:24, 17:3, 17:8,
18:12, 21:21, 22:5,
22:6, 22:7, 22:11,
22:17, 22:19, 22:21,
22:23
MS [23] - 3:3, 6:18,
6:20, 6:22, 6:23,
6:24, 7:2, 7:4, 7:6,
12:24, 18:22, 19:1,
19:6, 21:10, 21:13,
22:10, 22:12, 22:13,
22:14, 22:16, 22:18,
22:20, 22:22
N
name [5] - 5:18, 8:20,
14:20, 18:21, 19:6
Naper [1] - 3:3
Naperville [1] - 3:4
natural [1] - 11:6
nearby [1] - 15:7
need [5] - 11:4, 11:5,
14:13, 14:14, 19:12
neighbor [1] - 15:7
neighborhood [1] -
15:9
new [1] - 17:20
next [1] - 11:7
Noble [1] - 2:12
north [3] - 8:9, 18:2,
18:4
North [1] - 3:3
Northland [1] - 8:10
northwest [1] - 16:14
nothing [1] - 12:16
November [2] - 1:22,
25:9
Number [1] - 6:8
O
obviously [2] - 18:1,
21:8
OF [4] - 1:7, 3:7, 24:1,
24:2
offer [1] - 9:17
OFFICES [1] - 3:7
older [1] - 10:15
one [6] - 5:17, 9:8,
10:13, 12:9, 18:7,
19:12
one-third [1] - 18:7
open [1] - 6:7
opportunity [2] -
10:19, 20:5
opposed [1] - 19:20
opposition [4] - 6:6,
12:6, 13:15, 18:18
order [1] - 6:1
original [1] - 25:2
originally [1] - 20:11
Oswego [1] - 11:2
OTTOSEN [1] - 3:2
outcome [1] - 24:24
outlots [1] - 7:23
owned [1] - 17:12
owner [2] - 7:12, 19:8
P
p.m [3] - 1:23, 5:3,
23:6
packet [1] - 15:15
PAGE [1] - 4:2
Pages [1] - 24:11
parcel [1] - 8:11
parcels [1] - 16:13
parks [1] - 10:10
Parkway [1] - 16:15
parties [1] - 24:23
past [1] - 9:12
Patrick's [1] - 10:3
pay [2] - 10:9, 10:11
people [2] - 9:16, 11:4
period [1] - 10:12
personal [1] - 24:15
persons [2] - 5:12,
5:16
Petition [1] - 6:8
petitioner [12] - 5:15,
5:21, 6:3, 7:11, 8:5,
8:12, 9:9, 12:14,
13:21, 16:16, 16:20,
21:16
petitioner/owner [1] -
16:8
petitions [1] - 22:2
picture [1] - 21:6
piece [1] - 19:20
pieces [1] - 15:1
place [2] - 9:22, 24:19
plan [6] - 5:20, 6:10,
7:18, 9:20, 13:4,
15:6
Planned [1] - 7:16
planned [1] - 21:3
Planner [1] - 2:14
planning [1] - 11:9
Planning [1] - 5:6
PLANNING [1] - 1:11
plant [1] - 20:6
plus [1] - 11:7
podium [6] - 5:19,
8:18, 14:7, 17:7,
18:24, 19:5
point [1] - 20:10
Pointe [1] - 1:18
points [1] - 15:11
pond [1] - 15:3
portion [2] - 23:1, 23:4
practice [1] - 8:21
Prairie [1] - 1:18
preliminary [2] - 6:10,
7:17
prepared [2] - 8:13,
16:22
present [8] - 5:13,
11:24, 12:6, 13:14,
14:16, 16:22, 18:14,
18:18
PRESENT [2] - 2:2,
2:11
presentation [4] - 6:4,
8:13, 11:11, 16:22
previous [1] - 24:6
principals [1] - 9:8
proceedings [3] - 5:2,
23:3, 24:17
project [1] - 7:20
properties [1] - 20:21
property [18] - 7:12,
8:8, 9:2, 9:10, 9:11,
16:12, 17:11, 17:18,
18:4, 18:7, 19:8,
19:14, 19:15, 19:20,
20:10, 20:12, 20:23,
21:7
proposed [3] - 5:10,
7:24, 17:1
proposing [1] - 10:5
proposition [1] -
19:10
pros [1] - 14:14
public [22] - 5:2, 5:4,
5:5, 5:9, 5:12, 5:21,
5:22, 6:8, 7:9, 11:16,
11:19, 12:20, 13:22,
16:5, 21:20, 21:24,
22:1, 22:4, 22:24,
23:4, 24:10, 24:18
PUBLIC [1] - 1:12
PUD [3] - 6:9, 6:10,
7:17
purchaser [2] - 7:11,
9:2
purpose [1] - 5:8
put [2] - 16:4, 21:6
PZC [6] - 6:8, 6:11,
7:10, 8:12, 16:6,
16:20
Q
questions [10] - 5:14,
9:4, 12:13, 12:19,
13:18, 14:4, 14:16,
14:19, 15:17, 21:15
quite [1] - 9:14
R
R-1 [3] - 16:17, 17:21,
17:23
R-2 [2] - 8:1, 8:7
raise [1] - 5:22
read [1] - 15:14
reading [1] - 9:1
real [1] - 16:12
really [1] - 19:12
rear [1] - 8:6
receiving [1] - 6:2
recently [1] - 18:5
recommendations [1]
- 11:13
record [4] - 13:22,
14:21, 21:20, 24:16
reduced [1] - 24:13
regarding [3] - 5:10,
5:15, 22:1
related [1] - 11:3
relative [2] - 24:20,
24:21
repeat [1] - 5:23
reported [1] - 24:11
Reporter [1] - 24:4
represent [3] - 5:18,
8:23, 17:9
reproduced [1] - 25:5
request [11] - 5:14,
5:15, 6:5, 6:6, 7:19,
12:1, 12:7, 13:15,
17:2, 18:15, 18:19
requesting [7] - 6:9,
6:12, 7:15, 8:5,
16:10, 16:16, 17:22
requests [1] - 5:10
residential [4] - 7:21,
8:2, 20:18, 20:21
Residential [2] - 8:2,
16:18
response [10] - 12:2,
12:4, 12:8, 12:11,
12:15, 12:18, 13:16,
13:19, 18:16, 21:17
responses [2] - 13:21,
21:19
responsibility [1] -
25:5
Retail [1] - 8:3
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearings - November 13, 2024
3
retail [1] - 11:7
reviewing [1] - 11:9
rezoning [4] - 6:12,
16:10, 16:17, 17:18
Rich [1] - 2:3
Road [3] - 16:15,
19:18, 21:3
road [1] - 21:6
roll [2] - 6:16, 22:9
Route [1] - 20:16
run [1] - 19:15
Rusty [1] - 2:6
Ryan [1] - 2:7
S
Sandwich [1] - 11:2
Sara [2] - 2:14, 11:10
Sash [1] - 14:22
SASH [2] - 4:4, 14:5
saw [1] - 21:6
scheduled [1] - 5:6
school [1] - 10:8
schools [1] - 10:10
seated [1] - 13:12
second [3] - 6:15,
16:5, 22:7
see [3] - 9:21, 11:18,
14:3
seeing [1] - 9:13
seeking [1] - 7:17
seniors [1] - 10:7
session [1] - 11:20
set [1] - 25:7
setbacks [1] - 8:6
Shore [2] - 8:9, 10:17
short [1] - 10:12
Shorthand [1] - 24:4
shorthand [1] - 24:13
side [2] - 8:6, 8:9
sign [2] - 5:19, 18:23
signed [1] - 25:3
simply [1] - 9:22
simultaneously [1] -
24:13
single [3] - 7:21, 10:6,
10:18
Single [2] - 8:1, 16:17
single-family [2] -
7:21, 10:6
Single-Family [2] -
8:1, 16:17
smaller [1] - 10:23
someone [1] - 20:4
sort [1] - 19:17
South [2] - 3:8, 8:22
south [1] - 20:22
specifically [1] - 17:24
specified [1] - 24:19
SS [1] - 24:1
St [1] - 10:3
staff [2] - 11:8, 11:14
staff's [1] - 11:10
stand [3] - 5:22, 13:7,
18:20
standards [3] - 13:22,
16:4, 21:19
start [2] - 6:3, 15:6
STATE [1] - 24:1
state [4] - 5:17, 8:21,
14:20, 18:20
State [1] - 24:4
stay [1] - 9:21
stenographically [1] -
24:12
still [3] - 10:9, 15:16,
20:14
stop [1] - 20:7
stores [1] - 10:22
Street [3] - 3:8, 8:23,
10:2
subject [1] - 8:8
submitted [2] - 7:13,
9:16
substation [1] - 18:3
Suburban [1] - 16:17
Suite [1] - 3:3
support [1] - 20:1
supposed [1] - 20:11
surplus [1] - 9:11
surprise [1] - 10:24
surrounded [1] -
20:21
swear [1] - 12:24
sweater [1] - 9:6
sworn [9] - 5:24, 8:17,
13:5, 13:8, 13:10,
14:6, 17:6, 19:4,
24:8
T
Taker [1] - 2:15
Target [1] - 10:22
taxes [1] - 19:14
Tebrugge [1] - 9:6
ten [1] - 19:24
terribly [1] - 10:24
terrific [1] - 15:5
testified [4] - 8:17,
14:6, 17:6, 19:4
testify [2] - 5:16, 24:8
testimony [7] - 5:9,
5:12, 6:2, 22:1, 22:3,
24:7, 24:16
thereof [1] - 25:3
third [1] - 18:7
thirds [1] - 18:8
thoroughfare [1] -
20:20
thoughts [1] - 14:24
throw [1] - 10:8
tonight [5] - 5:11,
7:10, 9:3, 12:10,
17:17
tonight's [4] - 5:6,
5:21, 16:6, 23:1
totaling [1] - 16:13
town [1] - 17:20
Township [1] - 19:11
Traditional [1] - 8:1
Trail [1] - 8:10
transcript [2] - 24:11,
25:3
transcription [1] -
24:14
tried [1] - 9:21
true [1] - 24:16
truth [1] - 24:8
two [3] - 5:5, 18:8,
19:7
two-thirds [1] - 18:8
typewriting [1] - 24:14
U
U.S [1] - 16:15
under [3] - 24:15,
25:4, 25:6
underlying [1] - 7:24
unincorporated [1] -
17:15
Unit [1] - 7:16
UNITED [1] - 1:7
United [3] - 3:5, 7:12,
16:9
up [9] - 7:9, 10:16,
11:19, 13:7, 14:3,
15:20, 16:5, 18:20,
21:6
users [1] - 10:23
V
vacant [1] - 8:11
value [2] - 19:13,
19:15
Veterans [1] - 16:15
via [1] - 24:14
VINYARD [43] - 5:4,
6:1, 6:16, 7:1, 7:8,
8:15, 11:23, 12:3,
12:5, 12:9, 12:12,
12:16, 12:21, 13:2,
13:6, 13:11, 13:17,
13:20, 14:1, 14:10,
14:18, 14:23, 15:4,
15:13, 15:18, 15:22,
16:1, 16:3, 17:1,
17:4, 18:11, 18:13,
18:17, 18:23, 19:2,
21:9, 21:11, 21:14,
21:18, 21:22, 22:8,
22:15, 22:24
Vinyard [3] - 2:3, 6:24,
22:14
visitation [1] - 10:13
Vitosh [1] - 25:12
VITOSH [2] - 24:3,
25:13
vote [2] - 11:21, 22:9
W
walkable [2] - 10:19,
11:6
wants [2] - 12:9, 16:4
wayside [1] - 20:13
wear [1] - 19:7
Wednesday [1] - 1:22
weigh [1] - 11:16
West [1] - 7:20
west [1] - 18:8
WHEREOF [1] - 25:7
WHEREUPON [1] -
5:1
whole [1] - 24:8
WILLIAMS [5] - 6:14,
7:3, 22:5, 22:7,
22:17
Williams [3] - 2:4, 7:2,
22:16
wish [3] - 5:13, 6:4,
6:6
wishes [5] - 11:24,
12:6, 13:14, 18:14,
18:18
wishing [1] - 5:16
WITNESS [2] - 4:2,
25:7
Witnesses [1] - 13:10
witnesses [2] - 5:24,
24:7
wonder [1] - 20:13
written [1] - 9:17
Y
yard [1] - 8:6
year [1] - 9:12
years [3] - 17:12,
17:14, 19:24
YORKVILLE [2] - 1:7,
1:8
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearings - November 13, 2024
4
Yorkville [11] - 1:19,
3:6, 3:8, 6:12, 7:12,
7:14, 8:23, 16:7,
16:9, 16:21, 17:10
young [2] - 9:7, 11:5
Young [1] - 2:15
YOUNG [14] - 6:18,
6:20, 6:22, 6:24, 7:2,
7:4, 7:6, 22:10,
22:12, 22:14, 22:16,
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zoned [2] - 17:19, 18:4
Zoning [1] - 5:6
zoning [7] - 7:24,
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ZONING [1] - 1:11
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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)
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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.
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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