Zoning Commission Minutes 2011 01-26-11
APPROVED W/ CORRECTIONS
2/23/11
ZONING COMMISION MEETING
Wednesday, January 26, 2011
7:00 p.m.
Parks & Recreation Administration Office
201 W Hydraulic Ave., Yorkville, IL 60560
Committee Members in Attendance:
Mike Crouch
Jeff Baker
Gary Neyer
Phil Haugen
Al Green
City Officials in Attendance:
Krysti Barksdale-Noble, Community Development Director
Paul Zabel, Chief Building Code Official
Meeting Called to Order
Meeting was called to order at 7:06 p.m.
Roll Call
Roll call was taken. A quorum was established.
Citizen Comments
There were no citizen comments.
Previous Minutes
November 17, 2009: Minutes were not in the packet. Mr. Crouch assumed they will be
in the next packet and Ms. Noble agreed. Mr. Crouch then turned the meeting over to
Ms. Noble.
Ms. Noble opened the meeting by asking that the section “Old Business” with revisions
be fast-forwarded through the process and if there are any questions on Chapter 2 through
Chapter 6, they can go over the specific questions. If not, she would like to move
forward and begin with Chapter 7 and 8.
Old Business
Chapter 2, Page 3 and 16
Mr. Green stated in reviewing Page 3:10-2-2 H, he thought it had already been looked at
and the agreed upon paragraph appeared to be missing. Ms. Noble acknowledged he was
correct, and would make sure it was complete.
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Chapter 6:
When reviewing the Chart, everyone agreed that the first part refers to legal
opinion and that it should match the recommendations the Committee has made. Ms.
Noble didn’t want to make any change to the chart until she got the consensus as to how
the Committee interpreted it and if they were comfortable with the interpretation that
Special Uses for Religious Institutions should be included in Additional Districts.
AGRICULTURAL USE
: It was discussed that Agricultural Special Use should be in
the Conservation Design District. Mr. Baker suggested erasing Agricultural and CDD
from the page instead of leaving it blank. Mr. Baker and Mr. Crouch did not have a
problem leaving it blank until they received more information on what the numbers are in
order for it to make more sense. The Committee agreed to re-visit this issue.
Chapter 6: Page 2
: Boat Storage, Sales or Rental: The new canoe/kayak rental place
would be in the Business District; right now, it is in B3 and will be permitted as it is
permitted in the other Business Districts.
Page 4
: On the Chart under “Welding Shop,” it should be M1 or M2 or both as
Permitted.
Wind Farms and Solar Farms:
If it was decided to allow Wind Farms and/or Solar
Farms, they will be under “Public Utilities” since they really didn’t fall under any other
description. It was suggested that maybe Special Uses out in the Country Alternative or
renewable energy would be appropriate, or the Committee may want to be more
restrictive and just call it Solar or Wind.
New Business
Chapter 7:
Ms. Noble said one of the changes she made was to add Open Space
District, such as a park or any other large, public space the City has, and to change the
title to the R-1, R-2, R-3 and R-4 District from the last committee conversation. She
asked if anyone had any comments on the lot sizing, and pointed out the CDD District,
which was not on the chart since they had not yet gotten to it. Then they discussed the
set-backs, particularly rear yards. A 20’ set back for rear yards was suggested by Ms.
Noble and committee agreed.
Religious Institutes, Churches Maximum Height:
The committee discussed that if
they left this blank, it would mean there is no limit. Mr. Baker noted cell towers are 192’
and there is a cell tower in a Cross for which the church gets paid every month. Ms.
Noble stated that a steeple will be considered the highest point of an apparatus.
Gary Neyer brought up the concept of the 35’ height restriction in the Downtown area
isn’t right. The land near a river is the most valuable land that a City has to offer so to
chop off the height so the people who don’t own the property can have an unobstructive
view is wrong. Mr. Baker believed the reason the City was restricting the height to 35’ is
because the fire department could only reach a height of 35’. Mr. Crouch said that could
have been the case in the past, but now they have the ability to reach 100’.
Ms. Noble stated she thought the 35’ tall concept was in line with the Comprehensive
Plan and currently with the Downtown Revitalization Vision. She then told the
committee if they would like to change it, now it the time to do so. Mr. Crouch asked
Ms. Noble to try to get more history from the City as to why the height restriction was
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imposed and she said she will research the history. This brought an end to the
committee’s discussion on the chart.
Plan Unit Development (PUD):
Ms. Noble gave a brief overview on what changes she
made. The most significant change on the PUD was the structure and changing it from a
District to Special Use. The IL State Statute affords the authority to do a planning and
development under the special use standard and then she pointed out that’s why it’s
important to be a Special Use and not a District.
The committee agreed that there needs to be some clarification on what can pass from
one person to another in terms of Special Use. Ms. Noble stated that typically, Special
Uses run with the owner and not with the property, and that’s how they work. She will
get the clarification. Mr. Baker argued that they were looking at PUDs and Ms. Noble
restated that a PUD is a Special Use according to State Statute 5:11-13-1, which is how
the City maintains control. Mr. Baker then asked for a definition as far as who is tied to
it.
Ms. Noble further stated that previous PUDs did not have a requirement for final plat. It
ended with a concept plan which rezoned the property and it became a PUD, and then a
preliminary. There was no mention of a final PUD, nor was there any mention that you
had to have your PUD within a year of your preliminary. It has since been added.
Mr. Green questioned Ms. Noble on A1 for clarification and she stated that approval on
final plat does not occur within 12 months.
Page 87: 10-13-9 Minor Changes after Final Plat approval: The city administrator can
make some minor, but not gross, changes to the intent.
Page 91 red line version, comment number 8: Ms. Noble posed the question, “Is this
percentage of 10% acceptable or would 5% be considered more de minimis or should it
be 5% between the preliminary and the final?” Mr. Crouch and other members thought
5% was better. Ms. Noble said she would change all of the 10% to 5%.
Page 93: 10-13-10 Conditions for Approval: Mr. Green questioned the use of the word
“criteria.” Ms. Noble agreed a better word choice would be “standards.”
Page 93:10-13-11 “G”: After some group discussion, it was decided to keep
“Development Standard and Design Criteria.”
Additional Business:
The next meeting will be held on Wednesday, February 23, 2011
at 7:00pm, and will be held at the Parks and Recreation Building at 201 W. Hydraulic
Ave.
Adjournment:
There was no further business and a motion was made by Mr. Crouch to
adjourn the meeting. Motion was seconded and all were in favor by saying “Yes.” The
meeting adjourned at 8:45 pm.
Minutes respectfully submitted by:
Bonnie Olsem
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