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Plan Commission Minutes 2010 06-09-10 Page I of 3 FAPPROVED 7/14/10 UNITED CITY OF YORKVILLE PLAN COMMISSION City Hall Council Chambers Wednesday,June 9, 2010 7:00pm Commission Members in Attendance: Anne Lucietto Jack Jones Tom Lindblom Jeff Baker Michael Crouch Sandra Adams Charles Kraupner Clarence Holdiman Jane Winninger Other City Staff Krysti Noble, Economic Development Director Other Guests Richard Scheffrahn Christine Vitosh, Depo Court Chairman Anne Lucietto called the meeting to order at 7:00pm. Roll call was taken and a quorum was established. Previous Meeting Minutes March 10, 2010 The March minutes were approved on a motion by Baker and second Jones. Motion carried on a voice vote. Public Hearing 1. The United City of Yorkville,petitioner, filed an application requesting to amend Title 10, Chapter 8, Article A Section 10-SA-1: Uses Permitted of the Municipal Zoning Code to allow manufacturing of alcoholic beverages with the M-1 Manufacturing District; and to amend Title 10, Chapter 7 Article B of the Municipal Zoning Code to define and identify microbreweries as an allowed Special Use within the B-1 Limited Business District,B-2 General Business District, B-3 Service Business District and B-4 Business District. A motion was made by Crouch and seconded by Adams to open the Public Hearing. Motion approved on a voice vote. (See Court Reporter's Transcript) Ms. Noble summarized the Public Hearing as follows: the request is to allow alcohol production in the M1 District and to allow micro-breweries/brewpubs in the Business District. It excludes point of sale purchases to the public at the manufacturing site. The City is proposing a maximum of 5,000 barrels to be manufactured per year. Page 2 of 3 Following Ms. Noble's testimony, Crouch moved and Jones seconded a motion to close the Public Hearing. Closed at 7:07pm. Unanimous voice vote approval. Discussion It was noted the City would prefer a micro-brewery to be affiliated with a restaurant. Mr. Lindblom suggested a language change to remove "bar" from "restaurant and/or bar" from the staff recommendations. Ms. Noble clarified that the Ml District is for only manufacturing, not for selling to the public, while the Business District can produce,bottle and sell it. Ms. Lucietto asked why this matter was being brought forward at this time. Ms. Noble said she understood a request had been made by a small business in the M district. The maximum of 5,000 barrels was discussed and some Commissioners questioned the number. Currently there is no State Statute covering this, but Ms. Noble said the ability to handle truck traffic and storage must be considered. Lucietto and Crouch also questioned the limit of 5,000 barrels annually when other communities allow 15,000 barrels. The consensus of the committee was to allow 15,000 barrels in both districts. Ms. Noble said the State does have a limit for production of alcohol for off-site consumption of 50,000 gallons per year. It was also suggested to not limit the off-site consumption. Crouch asked why the City would want to separate the manufacture and sale of alcohol and cited the example of the Roundhouse in Aurora that both brews and sells the product at the same location. Ms. Noble said the Business District is for sales taxes. It was also noted that Aurora views the Roundhouse as a restaurant. Chairman Lucietto asked if there were any covenants that might affect this request,but it was not known if there were any. Baker said the only concern he would have would be if a business were to open in a manufacturing zone. He said those zones are busy enough without adding further congestion. Ms. Noble said that a retail use would not be located in a manufacturing zone. Action Item i. Text Amendment Commissioner Lindblom made a motion to accept the proposal as presented by staff with the changes recommended by the committee. Jones seconded the motion. Roll call: Lindblom-yes; Holdiman-yes; Crouch-yes, Kraupner-yes, Adams-yes, Winninger-yes, Jones-yes, Baker-yes, Lucietto-yes. Unanimous approval. Page 3 of 3 Additional Business: Mr. Crouch provided an update on the Zoning Commission and said they had met at the end of May. Ms. Noble will review what has been done thus far. Ms. Lucietto reported on the Kendall County Planning Consortium and said they had met at Platteville. Water supplies,pollution, wells, etc were discussed. The next meeting is at the end of July. The topic will be windmills and residential power. The proposed sports complex was brought up by Mr. Lindblom. Ms. Ochoa, who is spearheading this project, was present at the Council meeting the previous night and a plan is anticipated. The canoe chute was also discussed and the finish date is anticipated for August or September. Baker mentioned that the City had discussed a possible permitted use for the City park. He said he did not feel that was proper for a public park. There was no further business and the meeting was adjourned at 7:30pm on a motion by Crouch and Jones. Minutes respectfully submitted by Marlys Young 1 ' PLAN COMMISSION MEETING ' UNITED CITY OF YORKVILLE , ILLINOIS ' REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R . , on June 9, 2010 , ' 2010 , at the hour of 7 : 00 p . m. , at 800 Game Farm Road in the City of Yorkville, Illinois . t D-911510 REPO • COURT reporting SCrvicc 1300 Iroquois Avenue,Suite 205 Naperville, IL 60563 630-983-0030 • Fax: 630-778-4824 e-mail: depocourtgdepocourt.com • www.depocourt.com 2 ' 1 P R E S E N T : ' 2 MS . ANNE LUCIETTO, Chairman, 3 MR . TOM LINDBLOM, 4 MR . CLARENCE HOLDIMAN, ' 5 MR . MICHAEL CROUCH, 6 MS . SANDRA ADAMS, ' 7 MR . JACK JONES , ' 8 MR . CHARLES KRAUPNER, 9 MR . JEFF BAKER, ' 10 MS . JANE WINNINGER. i 11 12 ALSO PRESENT : ' 13 Ms . Krysti Noble , Community Development ' 14 Director, 15 Ms . Marlys Young . ' 16 17 - - - - - 18 19 ' 20 21 22 ' 23 24 Depo•Court Reporting Service (630) 983-0030 3 1 CHAIRMAN LUCIETTO : We have one public 2 hearing on the agenda , it is a City public 3 hearing, so I ' d like to entertain a motion to open 4 PC 2010-07 . ' 07:OOPM 5 MR . CROUCH : So moved . 6 CHAIRMAN LUCIETTO : We have a motion . 7 MS . ADAMS : Second . ' 8 CHAIRMAN LUCIETTO : All in favor say 9 aye . ' 07:OOPM 10 (A chorus of ayes . ) 11 CHAIRMAN LUCIETTO : Not in favor, nay . 12 (No response . ) ' 13 CHAIRMAN LUCIETTO : Since we have no one ' 14 in the audience, I will not swear anyone in . I do 07:002M 15 believe Krysti will fill us in . ' 16 MS . NOBLE : Sure . It ' s kind of a 17 lengthy memo, but the request is basically to have 18 alcohol production in the Ml District and to allow 19 microbreweries or a brew pub in the Business ' 07:01PM 20 District . 21 I ' ve stated some concerns and some ' 22 proposals in the memo and I ' ll just briefly go 1 23 through them. Currently in the Manufacturing 24 District non-alcoholic beverages are -- the Depo•Court Reporting Service (630) 983-0030 1 ' 4 1 manufacturing of those beverages are permitted, so ' 2 what we ' re proposing tonight is to allow for 3 alcoholic beverages to be processed and ' 4 manufactured in the Ml District , and this would 07:01PM 5 include a definition added to the ordinance . 6 Also it would exclude any point of 7 sale purchase of alcohol to the public at the ' 8 manufacturing site . The definition again is 9 included, and it ' s defined as any beverage that is 07:01PM 10 the product of distillation of any fermented 11 liquid, whether rectified or diluted, whatever may 12 be the origin thereof, and includes synthetic 13 ethyl alcohol , but does not include denatured ' 14 alcohol or wood alcohol . And that definition is 07:02PM 15 straight from the Illinois Liquor Control Act of i16 the Illinois Compiled Statutes . ' 17 The last item under the Ml District 18 is that we are proposing a maximum of 5 , 000 19 barrels per calendar year for these types of uses , ' 07:02PM 20 and that ' s just to -- it ' s appropriate for the 21 scale of our Manufacturing District , and it will 22 curtail any anticipated spikes in truck traffic ' 23 and storage capacity for the sites . 24 Now, for the microbrewery or brew Depo•Court Reporting Service ( 630) 983-0030 5 1 pubs , we ' re asking that they be allowed special 2 uses in the Business District , and it ' s envisioned 3 that these uses would be ancillary to a ' 4 restaurant , so they can serve their brew they make I07:02PM 5 on-site to patrons , and there ' s also consideration 6 that they can sell it for off-site consumption, 7 and that ' s something that the Plan Commission ' 8 should look at . We do propose a definition -- 9 again, it ' s in your memo -- for what a t07:03PM 10 microbrewery is , and a maximum again of 5 , 000 11 barrels per calendar year . 12 We also are asking to limit the t13 capacity of the brewery in the restaurant to only 14 25 percent of the total floor area . That way it 07:03PM 15 doesn ' t become a manufacturer in itself in the 16 Business District . 17 We want to limit that floor area so 18 we can get more retail and more , you know, sales 19 tax coming from that use , and that ' s what the ' 07:03PM 20 intended use of the Business District is for . 21 Like I said, the Commission should 22 look at these breweries . Microbreweries can sell 23 directly to the customers for off-premises 24 consumption . They do state some language in there Depo•Court Reporting Service (630) 983-0030 ' 6 ' 1 that would cap off how much they can sell to an 2 individual at any time and how it has to be 3 packaged when it leaves the site . 4 And finally I have provided a 07:04PM 5 comparison of some other local communities that do 6 have both types of uses , and they are there for 7 your reference to see how this ordinance change 8 would compare . And that ' s it . 9 CHAIRMAN LUCIETTO : Is that all? 07:04PM 10 MS . NOBLE : That ' s it . That ' s it . 1 11 CHAIRMAN LUCIETTO : Okay . 12 MR . CROUCH : Would you like a motion to 13 close the public hearing? 14 CHAIRMAN LUCIETTO : Yes , I would, 07 04P 15 please . i16 MR . CROUCH : Move to close the public I17 hearing . 18 MR. JONES : So moved . Second . 19 CHAIRMAN LUCIETTO : It ' s been moved and 07:04PM 20 seconded . All in favor say aye? 21 (A chorus of ayes . ) ' 22 CHAIRMAN LUCIETTO : Not in favor, nay? 23 (No response . ) 24 CHAIRMAN LUCIETTO : Okay . Depo•Court Reporting Service (630) 983-0030 7 i1 (Which were all the I2 proceedings had in the 3 public hearing portion of 4 the meeting . ) ' 5 ---000--- 6 I7 8 9 ' 10 11 12 13 I 14 i5 16 17 18 I 19 1 20 21 22 23 24 Depo•Court Reporting Service (630) 983-0030 ' 8 ' 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF LA SALLE ) 3 I , Christine M. Vitosh, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above-entitled cause and that the ' 7 foregoing Report of Proceedings , Pages 1 through 8 9 , inclusive , is a true , correct , and complete 9 transcript of my shorthand notes so taken at the ' 10 time and place aforesaid . 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit , nor am I in any way related 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my I17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only . I assume no 1 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 Depo•Court Reporting Service (630) 983-0030 1 9 1 In testimony whereof, I have 2 hereunto set my hand this 18th day of June , A . D . , 3 2010 . ' 4 5 O)r4j&"t-'OP7 6 Christine M . Vitosh, CSR t7 CSR No . 084-002883 8 9 i 10 11 12 ' 13 14 15 16 17 18 19 ' 20 21 22 1 23 24 Depo•Court Reporting Service ( 630) 983-0030 10 U allowed[11-5:1 8:3 8:2 8:7 KRAUPNER[, ancillary[i]- certify(3)-8:4, CROUCH[4]- -28 5:3 8:11,8:16 2:5,3:5,6:12, G Krysti[z -2:13, 084-002883[1] ANNE[11-2:2 CHAIRMAN[2]- 6:16 3:15 9:7 I annexed[i]- 3:6,3:13 CSR[2]-9:6, - - 8:17 Chairman[1]- 9:7 Game[i] 1:14 L - - 1 anticipated[i]- 2:2 curtail[1]-4:22 H - - 4:22 CHAIRMAN[9]- customers[1]- applies[i]- 3:1,3:8,3:11, 5:23 langu 1[�]-8:7 language [l]- - 18th[1]-9:2 8:17 6:9,6:11,6:14, hand[21-8:19, 5:24 ' - -- appropriate(11- 6:19,6:22,6:24 D 9:2 last[i]-4:17 4:20 change[1]-6:7 hearing[61-3:2, 2 leaves[i] 6:3 -- area[21-5:14, CHARLES(i)- -- --' D-911510(i]- 3:3,6:13,6:17, lengthy[1]- 5:17 2:8 7:3,8:6 2010[31-1:13, assume(i]- chorus[z1- 1'24 hereby[1]-8:4 3:17 1:14,9:3 8:19 3:10,6:21 defined[�]-4:9 limit[2]-5:12, definition[41- hereto[1]-8:17 5:17 2010-07[1]-3:4 audience[1]- Christine[z1- hereunto 111- 25[i]-5:14 3:14 8:3,9:6 4:5,4:8,4:14,5:8 LINDBLOM[i]- denatured[i] 9H 2:3 aye[21-3:9, CHRISTINE[1]- HOLDIMAN[i1- 5 � 6:20 1:13 4:13 2.4 liquid[�]-4:11 - 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5:13 -6:5 entitled(21- 5:20 manufacturing briefly[1]-3:22 Compiled[1]- interested[11- A.D[�]-9:2 Business(4]- p 1:12,8:6 [2]-4:1,4:8 above-entitled 3:19 5:2 5:16 4:16 envisioned[11- 8:15 Marlys[1]-2:15 [21-1:12 , , ,8:6 complete(1)- 5:2 item[1]-4:17 matter[i]-1:12 5:20-- 8:8 itself[1]-5:15 accuracy[�]- ethyl[�]-4:13 maximum[z]- 820 C concerns(1]- exclude[1]-4:6 - 4:18,5:10 Act[i]-4:15 - 3:21 J MEETING(1]- ADAMS 121-2:6, consideration F 1:4 3:7 C.S.R[1]-1:13 (1]-5:5 JACK(i]-2:7 meeting(2]- added[1]-4:5 calendar[2]- consumption 1:11,7:4 (2]-5:6,5:24 Farm[1]-1:14 JANE(�]-2:10 aforesaid[�]- 4:19,5:11 JEFF[i]-2:9 memo[31-3:17, control[1]-8:21 favor[41-3:8, JONES[2]-2:7, ' 8:10 cap(i]-6:1 3:11,6:20,6:22 3:22,5:9 agenda[i]-3:2 capacity[21- Control[1]- 6:18 MICHAEL[1]- 4:15 fermented[1 1 alcohol[s]- 4:23,5:13 4:10 June[21-1:13, 2:5 3:18,4:7,4:13, certificate[11- copies(2]- 9:2 microbrewerie 4:14 8:17 8:18,8:21 fill[�1-3:15 s(2)-3:19,5:22 alcoholic[2]- certified[i]- correct( ]-8:8 finally[1]-6:4 K microbrewery 3:24,4:3 g;1 g counsel[z1- floor 121-5:14, [2]-4:24,5:10 12 5.17 motion[31-3:3, allow[z]-3:18, Certified[i]- 8: foregoing � 4:2 COUNTY[�]- 9 9[ ] kind[ ] 3:16 Depo•Court Reporting Service ( 630) 983-0030 1 11 3:6,6:12 4:1 ti-8:20 traffic[1]-4:22 Move[1]-6:16 place[1]-8:10 restaurant[z]- transcript[2]- moved[3]-3:5, PLAN[1]-1:4 5:4,5:13 8:9,8:18 6:18,6:19 Plan[1]-5:7 retail[1]-5:18 truck[1]-4:22 MR[iol-2:3, point[1] 4:6 Road[1]-1:15 true[1]-8:8 2:4,2:5,2:7,2:8, portion[1]-7:3 _ types 12l-4:19, 2:9,3:5,6:12, premises[1]- S 6:6 6:16,6:18 5:23 MS[s]-2:2,2:6, PRESENT[1]- U 2:10,3:7,3:16, 2:12 sale[�]-4:7 6:10 proceedings[2] sales[1]-5:18 -7:2 8:5 SALLE[1]-8:2 under[31-4:17, N PROCEEDING SANDRA[1]- 8:19,8:21 S[1l-1:11 2:6 UNITED[1]-1:5 Proceedings[1] scale[1]-4:21 uses[4]-4:19, nay[21-3:11, 8:7 second[2]-3:7, 5:2,5:3,6:6 6:22 processed[�]- 6.18 Noble[1]-2:13 4:3 seconded[1]- V NOBLE[2] 6:20 ' product[i]- 3:16,6:10 4:10 see[iI-6:7 Vitosh[2]-8:3, non[1]-3:24 sell[3]-5:6, non-alcoholic production[1]- 9:6 3:18 5:22,61 er e VITOSH[1]- [�]-notes[ proposals[1]- serve[1]: 5:4 113 notes[1]-8:9 3:22 set[ ] 9:2 propose[1]-5:8 Shorthand[1]- W 0 proposing[2]- 8:4 4:2 4:18 shorthand[2]- OF[4]-1:5, provided[1]- 8:5,8:9 whereof[1]-9:1 1:11,8:1,8:2 6:4 signed[1]-8:18 WINNINGER[1] off-premises[1] pub[1]-3:19 site[4]-4:8,5:5, _2:10 5:23 public[s]-3:1, 5:6,6:3 wood[1]-4:14 off-site[1]-5:6 3:2,4:7,6:13, sites[1]-4:23 1 on-site[1]-5:5 6:16,7:3 special[�]-5:1 y one[2]-3:1, pubs[1]-5:1 spikes[1]-4:22 3:13 purchase[1]- SS[1]-8:1 open[1]-3:3 4:7 state[1]-5:24 year[2]-4:19,ordinance[z]- 5:11 STATE 11]-8:1 -- 4:5,6:7 R Statutes[1]- YORKVILLE[1] [1]-4:12 4:16 -1:5 origin storage[1]- Yorkville[1]- original[1]- rectified[1]- 4.23 1:15 8:17 4:11 straight[1 - 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