Zoning Commission Minutes 2010 11-17-10
APPROVED 2/23/11
ZONING COMMISSION MEETING
Wednesday, November 17, 2010
7:00 p.m.
Parks & Recreation Administration Office
201 W Hydraulic Ave., Yorkville, IL 60560
Committee Members in Attendance:
Mike Crouch
Jeff Baker
Greg Millen
Gary Neyer
Phil Haugen
Peter Huinker
Al Green
City Officials in Attendance:
Krysti Barksdale-Noble, Community Development Director
Meeting Called to Order
Meeting was called to order at 7:04 p.m. A quorum was established.
Roll Call
Roll call was taken.
Previous Minutes
September 22, 2010: Motion to approve the minutes of the September 22, 2010 meeting
was made by Mr. Baker, seconded and approved by unanimous voice vote.
October 27, 2010: Motion to approve; asked for corrections. The date of the previous
meeting was corrected to September 22, 2010. There were no other additions or
corrections. Motion to approve moved and seconded; motion carried via unanimous
voice vote.
Old Business
Chapter 2, Page 3 - Rules and Definitions
Ms. Noble opened the discussion: There’s a new bullet point regarding words appearing
in the zoning ordinance that are not specifically defined. This was discussed in a
previous meeting. There were no definitions for ‘home occupation,’ ‘profession’ or
‘professional occupation’ as proscribed in the most current edition of the Merriam
Webster unabridged dictionary.
Page 7 – 8:
There are some changes regarding “In-Home Daycare,” “Adult Daycare,”
“Part Daycare,” and “Group Daycare Home.” These definitions are word-for-word from
the IL Chapter Act of 1969 and some information that was provided from the IL Older
Adult Service Acts – in particular to the Adult Day Care Facility. “In Home Daycare”
means any in-home child care service licensed by the State Department of Children and
Family Services (DCFS) which regularly provides care for less than 24 hrs per day for
more than (3) and up to a maximum of (12) children, under the age of 12, in a family
home. The term does not include facilities which receive only children from a single
household.” (225 ILCS 10, Sec. 2.09).
(We noticed the change went from a maximum of six to twelve – that’s the State
requirement – and from children 13 and under to 12 and under – that’s the exact language
from the state. Since we are not Home Ruled, we couldn’t reduce the number of
children.)
Day Care Facility: A
ny in-home child care service licensed by the State Department of
Children and Family Services (DCFS) which regularly provides day care for less than 24
hours per day for more than (3) children and up to a maximum of twelve (12) children
under the age of twelve(12) in a facility other than a family home.
DAYCARE FACILITY, ADULT
: Any facility, public or private, regulated by the
State of Illinois in accordance with the Older Adult Services Act which provides care for
less than 24 hours per day for older adults (seniors) such as nutritious meals, planned
program of activities, and social and health related services.
DAYCARE FACILITY, PART DAY
: Any facility licensed by the State Department of
Children and Family Services (DCFS) and which is conducted by a church, religious
organization or social service agency in which individual children are provided care, on
an intermittent basis, for up to 10 hours per seven day week. Any facility which provides
intermittent care for up to 10 hours per 7 day week shall not provide such care for more
than 8 hours in any given day during the 7 day week. Any facility which provides
intermittent care for up to 10 hours per 7 day week shall provide at least one caregiver
per 20 children.
Ms. Noble commented that this section was added to address religious organizations
which may provide child care services as a secondary use within their religious
institution.
DAYCARE HOME, GROUP
: Any in-home child care service licensed by the State
Department of Children and Family Services (DCFS) which regularly provides care for
less than 24 hours per day for more than three (3) and up to a maximum of sixteen (16)
children under the age of twelve (12) in a family home. The number of children allowed
includes the family’s natural or adopted children and all other person under the age of
twelve (12).
Page 16: RECREATIONAL VEHICLE
: Any type of vehicle used primarily for
recreational pleasure or bearing recreational vehicle registration license plates. Examples
include but are not limited to; motor homes, boats, snowmobiles, and all-terrain vehicles.
Recreational vehicles shall include any mobile structure designed for temporary
occupancy, but shall exclude mobile or manufactured homes.
Ms. Noble commented that the definition should be revised to state “or” rather than “and”
bearing recreational vehicle registered license plates, per the Zoning Commission
discussion at the October 27, 2010 meeting.
Chapter 3, page 27:
‘Laundry drying equipment.’ Clothes line/racks restricted to back
yards.
Page 29; “Trailers, Tents and Boats.”
Change the title to
Page 30: Home Occupations Language
: Added to change the percentage to the total
floor area of the home not to exceed 25% of the total floor area. Business conducted only
by one resident of the dwelling and one additional person – whether or not a member of
said family.
Page 31; Item “I” –
Suggested: “No permitted Home Occupation shall interfere with the
reasonable use and enjoyment of adjacent residential properties, which includes, but is
not limited to, interference which cause fluctuation in line voltage outside of the dwelling
where the home occupation is conducted.”
Item “E” -
The home occupation shall not generate traffic or deliveries beyond what is
normally expected in a zoning district in which it is located. Off-street parking for
occupational use shall be in accordance with the provisions of Chapter 18: Off-Street
Parking and Loading of this Title.
Item “F” - Removed
Item “G” -
Limited amounts of goods, commodities or stock in trade shall be received,
retained, used or stored on, or physically transferred from the premises. Jobbing,
wholesale or retail businesses, unless conducted entirely by mail, electronically or
telephone, is prohibited.
Item “J” -
The home occupation does not generate any solid waste or sewage discharge
in a volume or type which is not normally associated with residential use in a zoning
district.
Item “K”
- The home occupation does not involve any illegal activity.
Item “M”
– Item 3 - Added “Animal grooming services are permitted.”
Page 32 - 10-3-11: USES NOT SPECIFICALLY PERMITTED IN DISTRICTS:
Changed plan commission to Zoning Administrator.
Page 33 – Item “A” –
Should read, “The Director of the Department of Community
Development shall be the Zoning Administrator. Acting in this capacity, the Director of
the Department of Community Development shall administer the provisions of this
Title.”
Ms. Noble commented that per the Zoning Commission discussion at the October 27,
2010 meeting, the reference to “authorized appointee” should be removed.
Item “B”; 10 should read
: “Delegate other duties as may be placed upon him/her by
this Title.” Delete “Authority by discharging.”
Page 34 – Item 6 should read:
Enforce all orders of the Zoning Board of Appeals and
City Council. Delete “Plan Commission” and just add “City Council.”
Page 34 – 10-4-4: PLAN COUNCIL Item “B”
– Replace the word “shall” with “may”
per City Attorney recommendation and Zoning Commission discussion at the October 27,
2010 meeting.
Page 34 - Item “E” –
The City Administrator shall have final authority with regard to
members and meeting schedule for the Plan Council. This was added per the Zoning
Commission discussion at the October 27, 2010 meeting.
Page 36 – 10-4-7: VARIATIONS: Item “A”:
Capitalized Zoning Board of Appeals”
per the Zoning Commission discussion at the October 27, 2010 meeting.
Page 39 – Item “D”, Number 3:
Term “elected” with reference to “elected official” or
“elected member” has been removed throughout revised ordinance, per Zoning
Commission discussion at the October 27, 2010 meeting.
Page 41 – Item “F”, number 2:
added phrase “in which it is to be located” to read:
“The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish and
impair property values within the neighborhood in which it is to be located.
Page 41 – Item “F”, number 6 to read
: “The proposed special use is not contrary to the
objectives of the Official Comprehensive Plan of the city as amended.”
G. Conditions and Guarantees:
1. Prior to the granting of any special use, the Plan Commission may recommend
and the City Council may require conditions and restrictions, upon establishment,
location, construction, maintenance, and operation of the special use as deemed
necessary for the protection of the public interest and to secure compliance with
the standards and requirements specified in subsection H, below. (No changes)
2. In all cases in which special uses are granted, the Plan Commission may
recommend and the City Council may require such evidence and guarantees as it
may deem necessary as proof that the conditions, in connection with the special
use, are being and will be complied with as required.
H. Action of the Plan Commission:
1. The Plan Commission shall make recommendations to the City Council to
grant or deny an application for special use, and may establish such conditions
and restrictions as defined in subsection G, above, for final action. The City
Council may grant or deny, by ordinance, any application for special use or refer
back to the Plan Commission for further consideration.
2. Any application for a special use which fails to receive the favorable
recommendation or favorable recommendation with conditions of the majority of
those present, or at least three (3), shall not be approved except by the favorable
vote of two-thirds (2/3) of all the members of the City Council, and any special
use application which receives the favorable recommendation or favorable
recommendation with conditions from the Plan Commission may be denied by a
majority vote of the City Council.
The committee then discussed and decided to postpone further discussion of prior
meeting minutes until next meeting.
There was discussion on “Three-Day Building Permits” and “Certificate of Occupancy.”
Chapter 5 – Zoning Districts and Map; Latest Edition
– The date was removed from
the Zoning map.
C.
Changed “in one” to “under single” ownership. Discussion on ‘entire lot’
tabled to next time.
Chapter 6 – Permitted and Special Uses
– Discussion on Open Space and changes to
chart.
Additional Business:
It was agreed that there would not be a meeting in December. The
next meeting will be held on Wednesday, January 26, 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. Baker to
adjourn the meeting. Motion was seconded and all in favor. Meeting adjourned at 9:03
pm.
Minutes respectfully submitted by
Bonnie Olsem