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Planning and Zoning Commission Minutes 2024 12-11-24APPROVED 1/8/25 Page 1 of 2 PLANNING & ZONING COMMISSION City Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Wednesday, December 11, 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 Rusty Hyett-yes, Michael Crouch-yes, Marge Linnane-yes, Richard Vinyard-yes, Ryan Forristall-yes Absent: Danny Williams City Staff Krysti Barksdale-Noble, Community Development Director Sara Mendez, Planner1 Megan Lamb, City Attorney Other Guests Chris Vitosh, Vitosh Reporting Service Lynn Dubajic Kellogg, City Consultant Previous Meeting Minutes, November 13, 2024 Motion by Rusty Hyett and second by Marge Linnane to approve the minutes as presented. Roll call: Crouch-yes, Linnane-yes, Vinyard-yes, Forristall-yes, Hyett-yes. Carried 5-0. Citizen’s Comments None Public Hearings Chairman Vinyard explained the procedure for the Hearing and the order for presenting testimony. A motion was made by Mr. Crouch to open the Public Hearing, seconded by Mr. Forristall. Public Hearing opened at 7:02pm. Roll call: Linnane-yes, Vinyard-yes, Forristall- yes, Hyett-yes, Crouch-yes. Carried 5-0. Mr. Vinyard read the Public Hearing description. 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. (See Court Reporter's transcript) At approximately 7:08pm a motion was made by Mr. Crouch, seconded by Mr. Forristall to close the Public Hearing. Roll call: Linnane-yes, Vinyard-yes, Forristall-yes, Hyett-yes, Crouch-yes. Carried 5-0. Page 2 of 22 Unfinished Business None New Business 1.PZC 2024-25 United City of Yorkville Text Amendment (see full description above) There was no further discussion. Action Item Text Amendment Mr. Vinyard entertained a motion to approve PZC 2024-25. So moved by Mr. Hyett and seconded by Mr. Forristall. Motion: Mr. Vinyard read the motion as follows: 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 districts as presented in a staff memorandum dated December 4, 2024. Roll call: Vinyard-yes, Forristall-yes, Hyett-yes, Crouch-yes, Linnane-yes. Carried 5-0. Additional Business 1. 2025 Meeting Schedule Schedule approved on a motion by Ms. Linnane and second by Mr. Crouch. Unanimous voice vote. 2. City Council Action Updates Ms. Noble provided the following summary of the City Council updates: a. PZC 2024-21 Marker Inc.--A first reading was held, no vote taken yet b. PZC 2024-26 Drew Daniels—did not make last City Council agenda c. PZC 2024-27 Grande Reserve Units 18 & 25—Final Plats approved d. PZC 2024-28 Grande Reserve, Unit 21—Final Plat approved Adjournment There was no further business and the meeting was adjourned at 7:12pm on a motion by Ms. Linnane 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 - December 11, 2024 1 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLANNING AND ZONING COMMISSION PUBLIC HEARING 651 Prairie Pointe Drive Yorkville, Illinois Wednesday, December 11, 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 - December 11, 2024 2 PRESENT: Mr. Rich Vinyard, Chairman, Mr. Rusty Hyett, Commissioner, Mr. Ryan Forristall, Commissioner, Ms. Marge Linane, Commissioner, Mr. Michael Crouch, Commissioner. ALSO PRESENT: Ms. Krysti Barksdale-Noble, Community Development Director; Ms. Sara Mendez, Planner; Ms. Marlys Young, Minute Taker. 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. - - - - - 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 - December 11, 2024 3 (WHEREUPON, the following proceedings were had in public hearing, commencing at 7:03 p.m.:) CHAIRMAN VINYARD: There is one public hearing scheduled for tonight's Planning and Zoning Commission meeting. The purpose of this hearing is to invite testimony from the members of the public regarding the proposed requests that are being considered before the 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. Do I really have to read all this? Since we have no one present, do I have to read the -- can I skip the instructions for people who aren't here? MS. LAMB: You can skip the instructions, but don't do anything else just in case people read the transcript and try to challenge our hearing. CHAIRMAN VINYARD: Very good. Persons wishing to testify are asked to speak clearly, 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 - December 11, 2024 4 one at a time, 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 a member of the public, this would be where you would raise your right hand and repeat after me. So we will be moving on. The order of receiving testimony will be the petitioner presentation, followed by those who wish to speak in favor or opposition of the request. May I have a motion to open public hearing on PZC number 2024-25, United City of Yorkville requesting a text amendment to the UDO? COMMISSIONER CROUCH: So moved. COMMISSIONER FORRISTALL: Second. CHAIRMAN VINYARD: Roll call vote on the motion, please. MS. YOUNG: Yes. Linane. COMMISSIONER LINANE: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: Forristall. 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 - December 11, 2024 5 COMMISSIONER FORRISTALL: Yes. MS. YOUNG: Hyett. COMMISSIONER HYETT: Yes. MS. YOUNG: And Crouch. COMMISSIONER CROUCH: Yes. CHAIRMAN VINYARD: Okay. The public hearing up for discussion tonight is 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 material in side and rear yards within residential districts. Is the petitioner for PZC 2024-25, United City of Yorkville, present and prepared to make its presentation of their proposed request? MS. MENDEZ: Yes. So, like you said, there is a request to amend Section 10-5-5 to allow vinyl coated chain link fencing. Right now it is only permitted in the side and rear yard in non-residential districts. The City's Community Development Department has been receiving requests to allow 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 - December 11, 2024 6 vinyl coated chain link, and since the code does not permit it, we have not allowed it. And in the City's 2015 Zoning Ordinance, vinyl coated chain link was listed as an acceptable material as you can see in the packet here, and it was only allowed in the rear and side yards for residential properties, so residents are urging the City to consider reverting the ordinance back to the 2015 Zoning Ordinance. This change came about in the summer of 2019 where the City began updating its UDO, and to support this effort, the UDO Advisory Committee was formed. During the December 9th, 2021 UDO Advisory Committee meeting, they reviewed Chapter 5, Development Standards, which also included fencing regulations, and in this meeting the committee unanimously agreed that plastic coated or plastic stripped chain link fences should not be allowed in residential areas, and the existing fences using this material would be grandfathered in, so because of this, vinyl coated chain link was removed and was changed to 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 - December 11, 2024 7 only be allowed in the side and rear yards on properties in non-residential districts, and the City updated its UDO with these changes in January of 2024. In the memo you will also be able to find the proposed text amendment, specifically letter H, where the possible change would be vinyl coated chain link, rear and side yard only in all zoning districts. Staff supports the proposed text amendment because it addresses the ongoing resident requests to revert to the City's 2015 Zoning Ordinance standards, and allowing vinyl coated chain link in the rear and side yards in residential districts will not impact the public health, safety or general welfare of residents. I also just want to add, as the UDO is currently written, the provisions may seem ambiguous to residents and staff, leading to the 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, so if the proposed text amendment is not approved, staff suggests 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 - December 11, 2024 8 adding language to clarify this ambiguity. And then, lastly, this text amendment request will be brought to City Council on January 14th, 2025. CHAIRMAN VINYARD: Very good. Thank you. Is there anyone here present who wishes to speak in favor or in opposition of the request? (No response.) CHAIRMAN VINYARD: Seeing as there is none, do any of the commissioners have any questions regarding the petition? COMMISSIONER HYETT: I do. CHAIRMAN VINYARD: Please. COMMISSIONER HYETT: So right now you cannot have a chain link fence? MS. NOBLE: If you apply for a new permit, as of January 1st, you cannot have a chain link fence at all. COMMISSIONER HYETT: So I have a house in my subdivision that had a chain link fence put up this summer, and it's on their side yard, too. That's why I'm like -- CHAIRMAN VINYARD: No permit. COMMISSIONER HYETT: Maybe. 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 - December 11, 2024 9 MS. NOBLE: Maybe. COMMISSIONER HYETT: It was the same company that does our stuff for -- MS. NOBLE: We can look into that. COMMISSIONER HYETT: I am not trying to get them in trouble, but I'm like -- I'm like why -- I'm like they have it in their back yard and their side yard, so that's why I'm like -- MS. NOBLE: It was always permitted -- Actually, you know, Mike was on the Zoning Ordinance committee when we updated the 2014 Zoning Ordinance, so prior to that it was permitted in all yards and then it was a compromise of the committee to allow them only in the side and the rear, and then when we had the UDO Committee, which had two former PZC members on there, the consensus was not to allow them at all. Staff did mention that was going to be a burden on residents. COMMISSIONER HYETT: I don't think it's a problem. I mean, you are not in an HOA, so I don't think the back yard is a big deal. MS. NOBLE: And we required them to be 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 - December 11, 2024 10 vinyl coated, so -- CHAIRMAN VINYARD: Any other commissioners have questions? COMMISSIONER FORRISTALL: So there were requests? You're saying there were several requests made. MS. NOBLE: Correct. About a handful of requests. Some applied or just called and asked what the standards were, and some applied. CHAIRMAN VINYARD: There's got to be a significant cost to this. COMMISSIONER HYETT: Does the vinyl have to be a certain color? MS. NOBLE: No, we don't regulate color. CHAIRMAN VINYARD: Anybody else? Any clarification on anything? (No response.) CHAIRMAN VINYARD: No, no? Okay. Since all public testimony regarding these petitions have been taken, may I have a motion to close the taking of testimony in these public hearings? COMMISSIONER FORRISTALL: So moved. COMMISSIONER CROUCH: So moved. CHAIRMAN VINYARD: Sorry. I heard a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - December 11, 2024 11 second out there, didn't I? Was that you? COMMISSIONER FORRISTALL: Yeah. CHAIRMAN VINYARD: Roll call vote on the motion, please. MS. YOUNG: Yes. Linane. COMMISSIONER LINANE: Yes. MS. YOUNG: Vinyard. CHAIRMAN VINYARD: Yes. MS. YOUNG: Forristall. COMMISSIONER FORRISTALL: Yes. MS. YOUNG: Hyett. COMMISSIONER HYETT: Yes. MS. YOUNG: And Crouch. COMMISSIONER CROUCH: Yes. CHAIRMAN VINYARD: Okay. The public hearing portion of tonight's meeting is now closed. (Which were all the proceedings had in the public hearing portion of the meeting, concluding at 7:10 p.m.) ---o0o--- 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 - December 11, 2024 12 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 13, 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 - December 11, 2024 13 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 30th day of December, 2024. /s / Christine M . Vitosh CHRISTINE M. VITOSH, C.S.R. 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3:13, 8:11, 10:3 R raise [1] - 4:7 read [3] - 3:15, 3:16, 3:21 really [1] - 3:15 rear [8] - 5:14, 5:21, 6:6, 7:1, 7:8, 7:14, 7:22, 9:15 receiving [2] - 4:9, 5:24 record [1] - 12:16 reduced [1] - 12:13 regarding [5] - 3:9, 3:14, 5:11, 8:11, 10:19 regulate [1] - 10:14 regulations [1] - 6:18 relative [2] - 12:20, 12:21 removed [1] - 6:24 repeat [1] - 4:7 reported [1] - 12:11 Reporter [1] - 12:4 represent [1] - 4:2 reproduced [1] - 13:5 request [7] - 3:13, 3:14, 4:12, 5:17, 5:19, 8:3, 8:7 requesting [1] - 4:15 requests [6] - 3:9, 5:24, 7:12, 10:5, 10:6, 10:8 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - December 11, 2024 2 required [1] - 9:24 resident [1] - 7:12 residential [8] - 5:14, 5:22, 6:7, 6:21, 7:2, 7:15, 7:21, 7:23 residents [4] - 6:8, 7:16, 7:19, 9:20 response [2] - 8:8, 10:17 responsibility [1] - 13:5 revert [1] - 7:12 reverting [1] - 6:9 reviewed [1] - 6:16 Rich [1] - 2:2 roll [2] - 4:18, 11:3 Rusty [1] - 2:3 Ryan [1] - 2:4 S safety [1] - 7:16 Sara [1] - 2:11 scheduled [1] - 3:5 second [2] - 4:17, 11:1 Section [1] - 5:19 see [1] - 6:5 seeing [1] - 8:9 seem [1] - 7:18 set [1] - 13:7 several [1] - 10:5 Shorthand [1] - 12:4 shorthand [1] - 12:13 side [10] - 5:13, 5:21, 6:7, 7:1, 7:8, 7:14, 7:22, 8:21, 9:8, 9:15 sign [1] - 4:2 signed [1] - 13:3 significant [1] - 10:11 simultaneously [1] - 12:13 skip [2] - 3:17, 3:19 sorry [1] - 10:24 specifically [1] - 7:6 specified [1] - 12:19 SS [1] - 12:1 staff [4] - 7:10, 7:19, 7:24, 9:19 Standards [2] - 5:10, 6:17 standards [2] - 7:13, 10:9 state [1] - 4:1 STATE [1] - 12:1 State [1] - 12:4 stenographically [1] - 12:12 stripped [1] - 6:20 stuff [1] - 9:3 subdivision [1] - 8:20 suggests [1] - 7:24 Suite [1] - 2:19 summer [2] - 6:11, 8:21 support [1] - 6:13 supports [1] - 7:10 sworn [1] - 12:8 T Taker [1] - 2:12 testify [2] - 3:24, 12:8 testimony [7] - 3:8, 3:11, 4:9, 10:19, 10:21, 12:7, 12:16 text [6] - 4:15, 5:12, 7:6, 7:10, 7:24, 8:2 thereof [1] - 13:3 tonight [2] - 3:10, 5:7 tonight's [3] - 3:5, 4:5, 11:16 transcript [3] - 3:21, 12:11, 13:3 transcription [1] - 12:14 trouble [1] - 9:6 true [1] - 12:16 truth [1] - 12:8 try [1] - 3:21 trying [1] - 9:5 two [1] - 9:16 typewriting [1] - 12:14 U UDO [7] - 4:15, 6:12, 6:13, 6:15, 7:3, 7:17, 9:16 unanimously [1] - 6:19 under [3] - 12:15, 13:4, 13:6 Unified [1] - 5:11 UNITED [1] - 1:6 United [5] - 2:21, 4:14, 5:8, 5:10, 5:16 up [2] - 5:7, 8:21 updated [2] - 7:3, 9:11 updating [1] - 6:12 urging [1] - 6:8 V via [1] - 12:14 VINYARD [17] - 3:4, 3:23, 4:18, 4:23, 5:6, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com PZC - Public Hearings - December 11, 2024 3 8:5, 8:9, 8:13, 8:23, 10:2, 10:10, 10:15, 10:18, 10:24, 11:3, 11:8, 11:15 Vinyard [3] - 2:2, 4:22, 11:7 vinyl [10] - 5:13, 5:20, 6:1, 6:4, 6:23, 7:8, 7:13, 7:20, 10:1, 10:12 Vitosh [1] - 13:12 VITOSH [2] - 12:3, 13:13 vote [2] - 4:18, 11:3 W Wednesday [1] - 1:21 welfare [1] - 7:16 WHEREOF [1] - 13:7 WHEREUPON [1] - 3:1 whole [1] - 12:8 wish [2] - 3:12, 4:11 wishes [1] - 8:6 wishing [1] - 3:24 WITNESS [1] - 13:7 witnesses [1] - 12:7 written [1] - 7:18 Y yard [6] - 5:21, 7:8, 8:21, 9:7, 9:8, 9:23 yards [7] - 5:14, 6:7, 7:1, 7:14, 7:22, 9:13 YORKVILLE [2] - 1:6, 1:7 Yorkville [5] - 1:18, 2:22, 4:15, 5:8, 5:16 Yorkville's [1] - 5:10 Young [1] - 2:12 YOUNG [10] - 4:20, 4:22, 4:24, 5:2, 5:4, 11:5, 11:7, 11:9, 11:11, 11:13 Z Zoning [6] - 3:6, 6:3, 6:9, 7:13, 9:10, 9:12 zoning [1] - 7:9 ZONING [1] - 1:10