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Zoning Commission Minutes 2009 01-28-09 United City of Yorkville County Seat of Kendall County 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 Meeting Summary Zoning Ordinance Revision Steering Committee Assessment Meeting Wednesday January 28, 2009 Yorkville City Hall Conference Room 800 Game Farm Road ATTENDEES: Anne Lucietto, Plan Commission Chairperson Tom Lindblom, Bristol-Kendall Fire Protection District, Plan Commission member Richard Scheffrahn, Yorkville Green Committee member Lynn Dubajic, Yorkville Economic Development Corporation Richard Guerard, Homebuilders Association Travis Miller, Director United City of Yorkville Community Development Department Stephanie Boettcher, Senior Planner, United City of Yorkville Community Development Department MEMBERS NOT PRESENT Tom Van Boekel, Leo Foelich Construction Co., commercial/industrial building development/construction John Sterrett, Kendall County Planning Department Anna Kurtzman, United City of Yorkville Building Department Donald Schwartzkopf, United City of Yorkville Police Department Jeff Baker, Zoning Board of Appeals, Plan Commission MEETING SUMMARY Travis Miller welcomed those in attendance and gave a brief overview of the timeline for the zoning ordinance updating, pointing out that this meeting was the end of the assessment phase. Travis then explained that during the assessment, which involved going through the state statute, an error was made in the establishment of the committee. The current committee was established as an advisory committee to the Plan Commission. However, given that the update is comprehensive in nature, the City needs to follow the statue which requires the Mayor to establish and appoint a Zoning Commission. A city commission must be made of Yorkville residents, which would exclude some of the members. Travis apologized for this oversight. Moving forward, Travis will be working with the Mayor to get a Zoning Commission established an approved by the City Council. The original zoning committee may be able to serve as an advisory committee to the newly formed Zoning Commission, which will hold the public hearings for the update, that could be determined by the Commission once established . This adjustment will most likely push back the timeline a month or so. The committee then went through the zoning assessment put together by Yorkville Staff. Phase One of the assessment identified the statutory powers provided by the State and how they are addressed (or not addressed) in the current zoning ordinance. There was discussion in relation to providing affordable housing for Yorkville residents. Rich mentioned that each City is supposed to have a certain number of affordable housing units and that most cities meet this requirement through the existing, older housing stock. He also mentioned that some municipalities which have requirements that make developers set aside housing stock within a development for affordable housing have a buyout option. This option allows developers to have a more uniform price point and the city can use the money to purchase affordable housing in other locations. He also mentioned that affordable housing is much easier to “mask” within a condo/apartment as opposed to a single family development. Richard asked if any homes on the market in Yorkville fall into the affordable housing threshold. Staff is going to review the MLS listings and get a average value of homes to see if this is the case. The committee recommended that the appearance code remain in the building code and that the zoning ordinance refer to it. This method allows the appearance code to be more flexible as opposed to the having to go through the zoning variance process which is established to be very restrictive. The committee then went through the non-conforming uses. Tom questioned what percentage of a redevelopment of a commercial or industrial building would ADA compliance be required. The committee was unsure of this requirement, but it would be a federal requirement. Trailers were addressed, as Travis asked if there were any in town the committee could recall. The only one was the city building along the Fox River. The City may need to address this issue. An exemption system was mentioned in which non-conforming uses could receive a renewal each year. Next, the committee went through Phase Two of the report, which was the summary of current zoning ordinance deficiencies. Adult entertainment clubs were brought up as they are not addressed in the zoning ordinance. Lynn mentioned they are allowed in manufacturing districts and the city passed an ordinance on this, around the 2000-2001 timeframe. Staff was unaware of this and will research it. Anne mentioned that the City should research Morris to see how they handle the issue. Architectural protrusions (i.e. bay windows) were discussed. Rich said that most municipalities measure setbacks from the foundation. This led into discussion about the maximum building square footage allowed on a lot. Does this square footage include decks? Rich said a policy decision should be made on this and felt that decks should not be included as this would put restrictions on high-end homes and homes with side loading garages (which more municipalities are requiring). Accessory structures were discussed. Lynn mentioned that many HOA covenants limit the size and material of them, and the City could look into doing the same. Rich questioned if it also limits the use, such as a mother-in-law suite above a detached garage. Play set structures should not be considered an accessory use. Temporary use permits should not be put in the zoning ordinance as zoning is a more permanent regulation. However, the zoning code can refer to the building code in regards to this. The City could look into requiring different fees dependent upon how “temporary” a structure will be. Site plan review should stay a part of the building code; however the building and zoning administrative process should be similar. The committee then went through two tables prepared by Staff, one of which was terms which needed to be evaluated and the second were applicable terms placed into use categories. Many of the terms on the first table were deemed to be outdated and it was decided to remove them from the zoning ordinance. Of the terms on the second table, some were combined or expanded upon. The committee also suggested additional zoning districts which many of the uses would be applicable. The meeting concluded with a brief discussion about overlay districts. Richard suggested looking into the Geneva/Naperville model in which a residential area is turned into a commercial area; however the nature of the residential neighborhood remains. Also, a historic district for the residential areas downtown to enhance the core of the City, Aurora is a good example of this. Staff will be contacting committee members about the formulation of the Zoning Commission, the next steps of the committee, and when the next meeting will be.