Zoning Commission Minutes 2009 10-28-09
APPROVED W/ CORRECTIONS
2/24/10
United City of Yorkville
County Seat of Kendall County
800 Game Farm Road
Yorkville, Illinois, 60560
Telephone: 630-553-4350
Meeting Minutes
Zoning Ordinance Commission
Wednesday October 28, 2009
Yorkville Public Library
902 Game Farm Road
ATTENDEES:
Zoning Commission:
Mike Crouch, Chair Al Green
Gary Neyer Phil Haugen
United City of Yorkville Staff:
Travis Miller, Community Development Director
Annette Williams, Administrative Assistant
MINUTES
Mike Crouch, Chairman of the Zoning Commission, called the meeting to order at 7:00 pm. Mike
Crouch called the role. The committee will delay voting on approval of the September minutes at a future
meeting when there is a quorum in attendance.
Travis Miller would like feedback on any new definitions, the zoning districts intent and purpose, which
will come from the comprehensive plan, and will focus on chapters 16-20 which still includes information
from the 1973 ordinance, particularly 16, 17 and 18. The committee would like the overlay of the Route
47 district for the January meeting.
The committee first addressed definitions. Gary Neyer suggested reorganizing the definitions; ex.
1) Lot (comma), (descriptions); 2) Building (comma), descriptions; 3) Basement (comma),
(descriptions). Those items of a similar type should be grouped together, and then the sub-descriptive
items that follow should be in alphabetical order. Mike Crouch commented that occasional references to
the table make it easier for the reader to follow the narrative.
1) Campground is a new recommended definition (pg. 6). The committee agreed with the new
definition, which excludes any human occupancy.
2) Group home will remain under “single family” dwelling.
3) Trailer – camp – park will be zoned agricultural special use. A petitioner applicant would be
asked to rezone the property if application for a campground was made in a non-agricultural
district and a concept plan would, undoubtedly, be brought to the city. Then they would
need a special use permit. The committee believes this would be less challenging because
the petitioner would be down zoning.
4) Retail is reflected as a special use in manufacturing.
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5) Energies, including wind and solar should be added to the uses table. Solar energies could be
categorized as thermal, PV uses and domestic heating. Wind energies should differentiate
between rooftop and industrial. Al and Travis will research the terms.
6) Currently solar panels are not in the zoning package. If the community wishes to add
incentives for this technology, Travis Miller suggests no hurdles be in the ordinance to
distinguish or cause negative impacts on adjacent properties. Travis explained to the
committee that the zoning ordinance cannot regulate any wind issues.
A table is going to be added to the chapter. It will include definitions of the energy types, zoning districts
and permitted areas for the utilities. Language will be added that will make access non-regulated on any
other parcel other than your own.
Chapter 16 has no changes from the original ordinance. When the new ordinance and language is adopted
this will be important because non conforming buildings or uses will no longer be permitted.
The dollar amounts will need to be changed in 10-16-3, section A. Travis will have the city attorney
look at this section for potential legal challenges. In addition, he will check with Ms. Orr as to whether
or not a sign variances would be non-conforming after 10 years, as the language states in this 1973
version of the ordinance.
Travis Miller noted that the appearance code, sign and landscape ordinances titles could be readopted
as part of the new zoning ordinance by the commission and city council. These three chapters
can be modified with greater ease by city council, without the public hearing process. Mike Crouch
wanted to know if the commission wants to adopt these within the zoning ordinance. Travis will have the
city attorney check on this.
The chapters in the first section of 10-16-7 should be changed (10-10-3 to 10-16-3 and 10-10-4 to
10-16-4). The non-conforming use section gives relief to some uses, as the definitions are provided within
section 10-16-7. The committee members believe that the entire section should be rewritten to make the
language easier to understand. The 14 yr. amortization question, as stated, seems drastic if a business
should have to comply with it. Should the amortization apply in Yorkville – does the committee foresee
in the future when this schedule might be applicable in Yorkville?
Gary Neyer asked the committee to look at the specific points listed under home occupation on page 30.
He did not understand “G: ; in particular the fact the business would not be conducted “but for the general
practice of the profession”. After consideration, the committee felt “G” should be rewritten or removed.
In point “C”, the committee felt the signage should be somewhat restrictive in size. Travis will check the
sign code for specifics on this. The committee questioned the number of students who might take
instruction in a home business, (point H) determining that the number of students who enrolled would
probably be restricted because of home’s size limitations. In regards to sounds, the performance
standards get additionally more restrictive as you move downward into the residential districts.
The graphics on pages 94-95 have been updated and reviewed by the city quite recently. On page 98, the
third definition “public utility and public services uses” needs completion of the sentence. “ One parking
space shall be provided for each one employee plus spaces adequate in number determined by the zoning
administrator in serving the general public”. The definitions in the chapter should be updated and
changed per the group’s previous discussions.
The commission discussed the feasibility of keeping the language within this chapter that apply to the
zoning administrator’s sole discretion for decision making – for instance, making choices for the number
of parking spaces. Travis defended the zoning administrator’s having discretion, because, personally, he
has used alternative screening buffers by changing the number of trees, landscaping materials and
landscaping materials on a developer’s landscape plan. He suggested to the committee that an
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administrator might continue using discretion by inserting some mandatory criteria in the decision making
processes.
Travis Miller will complete a red line of the current tower and antennae’s chapter, checking on new and
current provisions. Experts in the technology field will be used to add new and updated language to the
ordinance. Co-locations within the city and height variances are specific challenges to the ordinance that
have been brought by before the city recently. Staff recommended taking a look to amend the text,
which would be advantageous to the plan commission and city council.
The fees on page 106 may be changing, depending on the information coming before the EDC and city
council in November. Phil Haugen suggested using flexible language that would mention the fee types
the city is committed to enforcing, but keeping the specific fee in the code. This would make any changes
in fee structures less cumbersome than changing the ordinance.
Travis will be sending the members of the committee new information as he drafts more information
on the changes needed and new chapters to be drafted. The members should contact him if they have
questions or any suggestions on the additions.
Al Green made a motion to adjourn. It was seconded by Phil Haugen. The meeting was adjourned at
8:50 p.m.
The next meeting will be Wednesday, January 27, 2010.
Minutes submitted by Annette Williams. (Laura Schraw)
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