Zoning Commission Minutes 2010 08-25-10
APPROVED 9/22/10
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UNITED CITY OF YORKVILLE
ZONING COMMISSION
Wednesday, August 25, 2010 7:00pm
Parks & Recreation Administration Office
201 W. Hydraulic Ave.
Board Members in Attendance:
Michael Crouch, Chairman
Jeff Baker
Al Green
Greg Millen
Gary Neyer (7:08pm)
Absent: Pete Huinker
Phil Haugen
City Officials in Attendance:
Krysti Barksdale-Noble, Community Development Director
Guests:
None
Meeting Called to Order:
Chairman Michael Crouch called the meeting to order at 7:04pm.
Roll Call:
Roll call was taken and a quorum was established.
Previous Meeting Minutes:
July 28, 2010
July 28, 2010 minutes were approved as read on a motion by Jeff Baker and second by Al Green.
Approved by unanimous voice vote.
Continued Review and Commentary of Previously Recommended Zoning Chapters
A: Table of Contents
Ms. Noble indicated that all new/ revised sections in the Table of Contents have been highlighted. The
following chapters have been re-named: Dimensional and Bulk Requirements (formerly Dimensional
Requirements), R-1 and R-2 under Residential Districts has been renamed Single-Family, and
Telecommunication Towers, Antennas, and Facilities (formerly Telecommunication Facilities).
Discussion
Mr. Baker would like the Residential Districts to have additional clarity provided; R-1 and R-2, along with
R-3 and R-4 both have the same titles. The group agreed that Ms. Noble would research other communities,
to see how their residential districts are titled.
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B: Chapter 1: Zoning Purpose and Interpretation
Title 10-1-1 was modified as underlined, to reflect that this document is continually changing. Authority and
Applicability were added to the document. Ms. Noble stated that Applicability includes a disclaimer, so that
someone would not be able to claim that this document does not apply to their particular lot/ structure. Title
10-1-4 was modified as underlined. Title 10-1-4 Descriptors N-R & U were added as underlined, reflecting
chapters which the Commission had previously reviewed. “N” reflects the Conservation District; “O”
reflects Conservation District trails; “P” is regarding the Historical District; “Q” refers to alternative energy;
“R” incorporates the Comprehensive Plan; “S” adds the word gradual; “U” allows for prescription of
penalties for violations.
Discussion
Mr. Baker would like language added that the Subdivision Control Ordinance applies to not just new
projects, but also older/ existing properties within City limits which date back to 1850, so that older parts of
town are maintained and upgraded to the same standards (curb, gutter) as new developments. Ms. Noble
suggested that the verbiage “the Subdivision Control Ordinance shall apply to all properties located within
City’s corporate boundaries as of the date of adoption of this ordinance” would suffice. Mr. Neyer believes
that requiring conformance to the Subdivision Control Ordinance with no exceptions may create some
difficult situations and unnecessary expenses, which could hamper the City’s ability to make improvements.
Mr. Crouch suggested that the Subdivision Control Ordinance could benefit from increased flexibility and
language stating that the topography of the area in question should be considered before applying a firm rule
regarding improvements within older/ existing areas. Ms. Noble summarized the discussion by stating that
the language referencing the Subdivision Control Ordinance can be referenced in the Intent and Purpose,
however the specific zoning district chapters is where the requirements will be spelled out.
Mr. Neyer expressed concern that “R” may cause difficulties with flexibility when new developments are
proposed, as future decision makers may not know that the Comprehensive Plan is intended to be used as a
guideline only. Mr. Green reminded everyone that as the guest speaker Ronald Cope stated last month the
Comprehensive Plan is a sub-document, and cannot trump the Zoning Ordinance. The group agreed to
modify “R” to state that the Comprehensive Plan’s objectives shall be considered, as opposed to
implemented and advanced.
A Separability Clause was added at the end of Chapter 1.
C: Chapter 2: Rules and Definitions
Discussion
The title for 10-2-2 was amended and new rules E-G were added. “E” was further amended to state
“calculated to the next foot”.
Mr. Green pointed out that 10-2-2, “D” is confusing how it defines a building, and that it is in conflict with
the official ‘building’ definition as stated in 10-2-3.
Lot Line, Front: Ms. Noble stated that the shortest side of a lot as the front of the lot will allow for better
usage of the lot. Mr. Neyer would prefer that the word “shall” is replaced with the word “may”, so that
extenuating circumstances allow for flexibility (for example: trying to fit a desired house plan onto a lot but
it won’t fit on the shorter side).
Daycare Facility: Mr. Green inquired as to the four (4) hours childcare timeframe- if care is provided for
two (2) or three (3) hours, is that not a daycare? Ms. Noble will review the Dept. of Children & Family
Services definition, so that the definitions are consistent.
Dwelling, Unit: The comma in between dwelling and unit will be removed.
Several graphics were provided at the back of this chapter; Ms. Noble will format as necessary once all
review is complete.
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D: Chapter 3: Zoning Provisions
Ms. Noble stated that all references to fences were removed, as this topic will be modified and addressed in a
later chapter.
Discussion
Title 10-3-1 will be modified to incorporate the comments from “E” with those in “B”. Mr. Neyer stated the
definition for Building Height Measurement as stated is not consistent with the graphics; Ms. Noble replied
that the graphics are samples only, and will be revised to match all text. Mr. Neyer stated that if building
height is changed from the highest point or parapet to the ridge, then the maximum allowable height should
be increased. Mr. Baker would like to include water tanks in building height. “Fire towers” as stated in “B”
will be removed. “D” was questioned by Mr. Baker; Ms. Noble stated that flag lots have accessibility issues
because they have no street access (for example, the lots on Game Farm Road which share a common
driveway). The definition for a flag lot will be reviewed and discussed again; criteria for justifying a flag lot
will be established. Landlocked Lots will be added to define lots only accessible via an easement.
Title 10-3-2/ F/a.: Mr. Neyer feels that encroachment by 6” is too generous; he would prefer this revised to
state 3”.
Title 10-3-5: Language was added, stating permitted accessory buildings and structures; until now
swimming pools were not listed as a permitted structure in Yorkville. Ms. Noble will draft an example of a
table/ chart listing permitted accessory buildings and structures. “B” will be grammatically amended, to
clarify ambiguous wording. The group does not want to prohibit those with large lots from installing
multiple accessory structures; however they also do not want someone to fill their yard with so many
accessory structures so as to offend neighbors and prevent drainage. Yorkville does not have a Floor-Area-
Ratio for residential zoning districts (although the maximum lot coverage is 30% of the lot). The group
agreed to completely remove “E”.
Title 10-3-7: Utility trailers will be incorporated into the language in this section. This section is written so
that temporary parking of trailers requires a permit. As written, this section isn’t clear regarding permit
issuance and “visiting persons”. Mr. Green would like the definition of a recreational vehicle and travel
trailer cross referenced. The group agreed to think about this further, and discuss at the next meeting.
Title 10-3-8: Ms. Noble stated that the City does not have the authority to regulate airports which are not
within the corporate boundaries, and those which are within corporate boundaries are regulated by the
Illinois Department of Transportation Aeronautics Code. The closest airport is in Plano, approximately
22,000 linear feet from the Yorkville planning area. The group agreed to remove this section entirely.
It was the consensus of the Commission that next month's discussion will pick up on page 31 of Chapter 3:
Zoning Provision
Additional Business:
The next meeting will be held on Wednesday September 22, 2010 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. Green to adjourn the meeting. Mr. Baker
seconded the motion. Meeting adjourned at 9:43pm.
Minutes respectfully submitted by
Jennifer Woodrick