Zoning Commission Minutes 2009 08-26-09 United City of Yorkville ARNED
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Meeting Minutes
Zoning Ordinance Commission
Wednesday August 26, 2009
Yorkville Public Library
902 Game Farm Road
ATTENDEES:
Zoning Commission:
Mike Crouch,Chair Al Green
Jeff Baker Phil Haugen (7:05)
Ralph Pfister Gary Neyer (7:10)
Pete Huinker Greg Millen (7:20)
United City of Yorkville Staff:
Travis Miller,Community Development Department Director
Anna Kurtzman,Zoning Coordinator
MINUTES
Mike Crouch,Chair of the Zoning Commission,called the meeting to order at 7:00 pm. Mike Crouch called the
role. A quorum was established at this time. The committee reviewed the minutes from the July 22 meeting.
Minutes were approved with a correction.
Travis Miller began the meeting by explaining that the draft Rules and Regulations chapter has been updated to
include definitions for terms introduced by proposed zoning uses and those that the current ordinance does not. The
attendees each had a permitted and special use table with new uses,changes in uses and current special uses that
might be removed. The assessment report recommended that the uses be streamlined and simplified. In addition
staff has added proposed changes to this report from discussions from prior zoning meetings.
To assist the members Anna Kurtzman and Travis Miller explained a"special use" as usually having an impact on a
neighborhood,like noise,traffic or odor. For example, a special use could be a store with outside sales,or needed
screening for separation,and sometimes the petitioner has conditions that must be met before the approval.
Following is a list of definitions that the members brought to the attention of the quorum for discussion in Chapter 2:
Rules and Definitions. During the course of the meeting,staff used A Planner's Dictionary,published by the
American Planner's Association,as a reference for many of the definitions.
1) Banks: Currently,banks require special use approval and zoning`B"-Business.Al Green asked the group
if a Pay Day loan operation would be considered a bank or a retail operation. There are more strict rules
governing the financial operations of a bank,however,the function of handling funds at both businesses
remains,primarily,the same. Additionally,the group questioned if a pawn shop or coin shop would be
treated as a loan agency. The first zoning regulations zoned the Pay Day loan operations in a B-2 district
because they handled personal loans.Under the new use definitions the pawn shop are suggested as retail.
After continued discussion,it was agreed that the pay day loan businesses will be added to the bank
definition. These would be permitted uses,and zoning districts could vary from Office to B-1 through B-4.
Free standing ATM's are not economically viable now,in Phil Haugen's opinion. There are ATM's in
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golf courses and retail establishments. The only free standing ATM is now at the comer of Routes 126
and 47. Staff will check and report back to the committee,on the type of permit issued for the machine.
2) Basement: Is a walkout basement is a basement or a floor of the building? Anna Kurtzman explained that
in the commercial district the basement,whether walkout or lookout,counts as floor area ratio. Yorkville
uses lot area coverage for residential.
3) Building: Regarding bulk storage, when storing water,there is a cylinder with closed bottom(hydro fillers)
that displays in all floors of the building. The presence of a system such as this somewhat changes the
intended function of the building. Al Green questioned the ability to measure floor area in a building with
storage areas. He referred to the definition of floor area on page 9. He saw a conflict with calculating
building area in buildings and floor areas with storage facilities. Is the circumference of a bulk storage tank
counted toward floor area?
4) Car wash: Currently any car wash is given a permit,no matter if it is a one wash bay, or a continuous on-
going operation,like Paradise. It is permitted in the B-3 and B-4 district at this time. A service station, at
this time,is a special uses in B districts through M-2 districts.Do you want a gas station in a B-1 or B-2
district without a carwash? What about detailing businesses or dealership,as an ancillary use?
According to the new definition,you could not consider a carwash unless you can wash two cars at one
time. If one car is in the bay, and the other car is in line, is this"two"cars? Usually a car wash is an
accessory to another building. Could a gas station have an operation on site like Paradise? They also
considered putting a car wash in a B-2 district,ex.northeast corner of Routes.47 and 126.
The group determined that they would like to zone car washes in districts B-3 through M,without
a special use request.
5) Floor area: Anna Kurtzman said a function of floor area ratio,particularly a bulk ratio, is how bulky the
lot is beginning to look.
6) College: This will include"private"colleges.
7) Churches: The members would prefer the church be called a"religious institution",and determining what
would prohibit having a church in any district. The status should be tied to a tax exempt usage. The
definition should not be broad enough that anyone could have a religious service in any home. There could
be multiple definitions,dependent on seating capacity and square footage,with greater traffic flow directly
impacting neighborhoods with the greater numbers of parishioners. Needed is a specific interpretation and
definition to determine if there should be a definition for a special use in an A-1 district.
8) Day care: The institution definition should be changed. Should it be a commercial use or professional
service? This is not to be applicable for home day care,now considered a home occupation. DCFS has a
definition of home day care that could be coordinated with this definition,and also determines when a
home day care center needs a paid helper. Home schooling networks are not regulated by the state.
9) Convent: This will be deleted; it is a duplicate of college.
10) Laundry: There is no definition of dry cleaner. There should be a distinction between a drop-off cleaners
and one that only does cleaning. Special use for noxious chemicals is regulated by the state. Those
cleaners that do cleaning on-site should be held to a higher standard than those that send out the clothing
for cleaning.
11) Dwellings: Anna will check out the definitions, comparing to building code definitions.
12) Gas station: Years ago,when repair work at gas station was complete,vehicles were filled with gas,
thus accounting for the sentence regarding the sale or offering of fuel in this definition. The
committee will delete the sentence beginning with "When the dispersing, ...........public garage."
13) School: The words"school bus garages"will be excluded from the definition.
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14) Gross floor area (pg. 8): This definition is for non-residential uses. Lot coverage is used for residential
usage.
15) Institution: This could be a corporation for Drofit also.
16) Group home: There is a group home in Heartland Circle. Some group homes house children or children
that are without a"blood family",oftentimes for those who require additional care and special needs.
Travis Miller said that when the application came into the department for the home in Heartland,he and
Ms. Kurtzman made a decision to issue the permit. The Federal laws, they believed,superseded the zoning
residential laws. According to Gary Neyer,the main contention that the residents in Heartland have had
concerning the group home was that they were not properly informed when the application was made, and
when the city issued the permit.
17) Commercial and research lab: They show up twice. Medical lab is not defined. Medical lab is like a
professional service,whereas a research and commercial lab would be more scientific lab. Laboratories are
mentioned under manufacturing,without differentiating the type of lab. Ms.Kurtzman will do additional
research to determine if"Quest Diagnostic" in Yorkville would be considered a medical lab.
18) Medical clinic: This would include 2 or more physicians. A one doctor office would be classified as a
professional office.Also needed is a definition of professional services.
19) Parking area:There is no definition for hard surface. Is it blacktop,concrete,or would gravel? Industrial
lots will have to be surfaced with a material classified as A-3 or better. The reason parking lots are paved
is because rock and gravel get in the tires,breaking down the durability of roadways.
20) Roadside stand: Products should not have to be produced"on the premises"and use farm rop ducts,not
farm produce. The stand should not be for the sale of only products that are produced"on the premises".
A"temporary structure"would be permitted only for a designated period of time.
21) Tourist courts: Delete the item because it is listed under motels,motor lodges,tourist courts.
22) Toxic materials: This needs a redefinition. The committee did not like the"destroying or impairing
health"phrasing.
Additional meetine tonics:
Pete Huinker suggested the merging of B-land B-2,forjust one district instead of two. Ms. Kurtzman
and Travis Miller will bring the zoning map to next month's meeting. They will determine how many
B-1 and B-2 vacant properties are still in Yorkville, and the location of these sites. This will assist the
group in making a determination.
A special production or power plant zoning was suggested. It may apply under manufacturing.Would a
separate zoning,agricultural special use,be needed when a wind or solar farm is applied for? What zoning
would apply for micro-turbine or gas turbine usages?
Ralph Pfister made a motion to adjourn the meeting. Jeff Baker seconded the motion. The meeting
was adjourned at 9:05 pm.
The next meeting will be held at the library on September 23'a
Minutes by Annette Williams
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