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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