City of Yorkville Planning and Zoning Commission met Aug. 10.
Here are the minutes provided by the commission:
Meeting Called to Order
Chairman Jeff Olson called the meeting to order at 7:00pm, roll was called and a quorum was established.
Roll Call
Jeff Olson-yes/in-person
Danny Williams-yes/in-person
Deborah Horaz-yes/electronic attendance
Rusty Hyett-yes/electronic attendance
Absent: Greg Millen, Richard Vinyard
City Staff
Krysti Barksdale-Noble, Community Develo pment Director/in-person attendance Jason Engberg, Senior Planner/in-person attendance
Other Guests
Chris Vitosh, Vitosh Reporting Service/electronic attendance
John McFarland, CalAtlantic/electronic attendance
Thomas Williamson, G.M.. Graham C Stores/in-person
David Courtright, Attorney, Yorkville Public Storage/in-person attendance
Susan Munson, Legacy Real Estate/in-person attendance
David Schultz, Engineer, HR Green/in-person attendance
Mark VanDonselaar, Graham C Store/in-person attendance
John & Janet Warnecke/in-person attendance
Rob Costello, Graham C Stores/in-person attendance
Todd Milliron/in-person attendance
Previous Meeting Minutes July 13, 2022
The minutes were approved as presented on a motion and second by Commissioners Horaz and Williams, respectively.
Roll call: Olson-yes, Williams-yes, Horaz-yes, Hyett-yes. Carried 4-0.
Citizen’s Comments (see comments at end of meeting minutes)
Public Hearings
Chairman Olson stated there were two Public Hearings and he explained the procedure to be followed. He swore in those who would present testimony for or against. The Public Hearings were opened at 7:03pm on a motion and second by Commissioners Williams and Hyett, respectively. Roll call: Williams-yes, Horaz-yes, Hyett-yes, Olson-yes. Carried 4-0.
The Public Hearing descriptions were read by Chairman Olson:
1. PZC 2022-08 Thomas Williamson, on behalf of Graham C Stores Company, petitioner, is seeking special use permit authorization, rezoning approval and a variance to the sign regulations to develop a gasoline service station with accessory convenience store. The real property is approximately 5.51 acres and is located at the northeast corner of State Route 47 (Bridge Street) and State Route 71 (Stagecoach Trail) intersection
(See Court Reporter's Transcript of Proceedings)
(Petitioner requested the Standards to be entered into the official record)
2. 2022-17 David Courtright, attorney on behalf of CIG TSP LLC, GIG TSP AP LLC, CIG TSP CFP LLC, CIG TSP K&SM II LLC, petitioners, is seeking variance approval to permit permanent accessory structures closer to the public way than the principal building on a lot and to permit expansion of a non-conforming use. The real property is located at 1602 N. Bridge Street on the east side of Bridge Street (State Route 47) and north of Veterans Parkway (U.S. 34). The petitioner is seeking to keep their temporary storage containers currently located on the property as permitted through a temporary building permit.
(See Court Reporter's Transcript of Proceedings)
(Petitioner requested the responses to the Standards be added to the official record)
After testimony was presented, a motion was made by Mr. Williams, seconded by Mr. Hyett, to close the Public Hearings. Roll call: Williams-yes, Horaz-yes, Hyett-yes, Olson-yes. Carried 4-0.
Unfinished Business None
New Business
1. PZC 2022-08 Thomas Williamson, Graham C Stores (see #1 above) Ms. Noble said the Petitioner is making 3 requests under the Public Hearing process and also a request for a Final Plat. The current zoning is M-1 and the site is 2 parcels totaling 5.5 acres.
Rezoning Request: The Petitioner is proposing to rezone to B-3, consistent with the Comp Plan and staff supports this.
Special Use: Ms. Noble described the layout of the gas station when built. She discussed the site plan and said the various setbacks and other requirements have been met. It was noted the petitioner has agreed to signage on Rt. 71 so the ingress/egress is not blocked.
Sign Variance: A request for a 30-foot sign was made by the Petitioner, which staff compared to the heights of other gas station signs. The maximum height allowed is 12 feet and 65 sq. ft sign area. Ms. Noble said this request was negotiated down to 25 feet high and 168 feet sign area, but staff is open to discussing a smaller sign. The sign material is consistent with requirements.
Final Plat: The Final Plat has been reviewed by the City Engineer and staff supports approval. There are conditions established in staff's memo and comments from a July 14th engineer's memo, both of which should be considered conditions of the Special Use. If the city grants the height and size variance, the Economic Development Committee requests that there be a maximum of one monument sign for this parcel.
Commissioners' Discussion of Four Requests:
Rezoning: Chairman Olson read the Standards for Rezoning and the Commissioners had no objection to the rezoning. Ms. Horaz asked who would maintain the access roads leading to Rt. 71 and Rt. 47. Engineer David Schultz said these roads will be maintained by IDOT while the Petitioner will maintain the access on their property. The road around the back of the gas station is private and will be maintained by the Petitioner.
Special Use: Mr. Olson read the Standards for a Special Use and all Commissioners were OK with this.
Sign Variance: The Sign Variance Standards were read by Mr. Olson and all Commissioners objected to the request for increased sign height and area. They agreed that the Petitioner could have 2 monument signs, however, the Petitioner is only asking for one.
Final Plat: The Commissioners were OK with the Final Plat.
Action Items
Rezone Request
Motion for approval by Ms. Horaz and second by Mr. Williams. Mr. Williams read the motion as follows: In consideration of testimony presented during a Public Hearing on August 10, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request for a map amendment to rezone the property located at 107 E. Stagecoach Trail from M-1 Limited Manufacturing District to B-3 General Business District. Roll call: Horaz-yes, Hyett-yes, Olson-yes, Williams-yes. Carried 4-0.
Special Use
Motion for approval by Mr. Williams, second by Ms. Horaz. Mr. Williams read the motion as follows: In consideration of testimony presented during a Public Hearing on August 10, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council of a request for Special Use authorization for a fuel/gasoline service station with a convenience store to be located at 107 E. Stagecoach Trail subject to engineering review comments provided by the City's consultant, EEI, Inc., in a letter dated July 14, 2022. Roll call: Hyett-yes, Olson-yes, Williams-yes, Horaz-yes. Carried 4-0.
Sign Variance
Motion for approval by Ms. Horaz and second by Mr. Williams. Motion read by Mr. Williams as follows: In consideration of testimony presented during a Public Hearing on August 10, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval of a request to vary the sign regulations contained in Section 10-20-9-A of the United City of Yorkville Zoning Ordinance to permit a free standing monument sign in a business district that is 168 square feet in sign area and 25 feet in height, as depicted in a sign plan prepared by Image FX Corp. and dated 5-31-22.
Roll call: Horaz-no, Hyett-no, Olson-no, Williams-no. Motion failed 0-4. Ms. Noble asked if the Commissioners had a recommendation for the maximum height. Mr. Williams suggested that the size could match competitors such as the Shell station across the street, while Mr. Olson suggested a height within the code.
Final Plat
Motion for approval by Ms. Horaz and second by Mr. Williams who read the motion as follows: The Planning and Zoning Commission recommends approval to the City Council of a request for Final Plat of Subdivision of the Graham C Subdivision in Yorkville prepared by HR Green and dated last revised July 1, 2022.
Roll call: Hyett-yes, Olson-yes, Williams-yes, Horaz-yes. Carried 4-0.
2. PZC 2022-14 John McFarland, on behalf of CalAtlantic Group, LLC, Petitioner, is seeking Final Plat approval to subdivide the approximately 6.27-acre vacant parcel into 12 single-family units in Windett Ridge Unit 2. The subject property is generally located east of South Bridge Street (IL Route 47) and south of Stagecoach Trail (IL Route 71) at the eastern edge of Windett Ridge Road.
Ms. Noble said the original development was foreclosed and sold after the economic downturn. CalAtlantic now wishes to finish the subdivision and is dividing the property into 12 single family units which is a reduction from an earlier land plan. The reason for the reduction is to accommodate a 55,000 sq. ft. stormwater management easement and a required sanitary sewer lift station. She said the lift station structure is required to match the look of the residential. The Final Plat has been reviewed, comments have been met and staff recommends approval.
Action Item
Final Plat
A motion to approve the Final Plat was made and seconded by Commissioners Williams and Horaz, respectively. The motion was read by Mr. Williams as follows: In consideration of the proposed Final Plat of Subdivision for Windett Ridge Unit 2, the Planning and Zoning Commission recommends approval of the plat to the City Council as prepared by Mackie Consultants, LLC date last revised June 16, 2022.
Roll call: Olson-yes, Williams-yes, Horaz-yes, Hyett-yes. Carried 4-0.
3. PZC 2022-16 John McFarland, on behalf of CalAtlantic Group, LLC, Petitioner, is seeking Final Plat approval to subdivide two (2) undeveloped parcels totaling approximately 22.77 into 62 lots consisting of 61 single-family units and and 37,809-square foot open space lot in Caledonia - Phase 3. The proposed Final Plat would complete the buildout of the overall master planned subdivision of 206 single family detached residential lots. The property is generally located south of Corneils Road and west of Bridge Street.
Ms. Noble said Caledonia has gone through several owners and this is now the final phase. This portion has 2 undeveloped parcels to be divided into 62 lots/61 homesites and an open space. This will complete the development. She said a Plan Council meeting had been held earlier, all comments have been addressed and staff recommends approval.
Action Item
Final Plat
Mr. Hyett moved and Mr. Williams seconded a motion for approval. Mr. Williams read the motion as follows: In consideration of the proposed Final Plat of Caledonia Subdivision-Phase 3, the Planning and Zoning Commission recommends approval of the plat to the City Council as prepared by Spaceco, Inc., dated last revised 6-13-2022.
Roll call: Olson-yes, Williams-yes, Horaz-yes, Hyett-yes. Carried 4-0.
4. PZC 2022-17 Yorkville Storage (see #2 under Public Hearings, for full description Mr. Engberg gave the background of this petition and why the requests are being made. He said the lot where the storage buildings are situated, was annexed in the 70's and built in the 90's. The previous owner asked to erect the mobile, temporary storage units and they were issued a permit in 2021 to erect 38 storage units in the buildable area. The flag-shape of the lot made the area unique. The units were being placed in the fall and it was found they were placed incorrectly and the city was notified. A plan was made for correction and in January 2022 excess units were removed. Three conditions to their building permit were issued: 1) units allowed for 6 months,
2) maintain 2 off-street parking spaces and 3) after 6 months must remove units or apply for a variance. July 31, 2022 was the 6-month deadline. The Petitioner has now asked for relief from 2 variances: 1) permanent accessory structures cannot be closer to the public way than the primary structure, 2) wish to expand legally non-conforming use.
Chairman Olson said he did not favor temporary permits and that these units are temporary structures operating as permanent structures. He said a permanent variance should not be given for a temporary structure since the code requirements are different regarding public safety. Ms. Noble said the units did meet the building code standards.
Mr. Engberg noted that if the 2 variances are granted, the storage facility can expand later. He said the Comp Plan calls for higher design and buffering for this use and if the PZC approves, staff will ask for buffering with landscaping and fencing. A plan sent this week by the Petitioner would provide for buffering all around and an 8-foot privacy fence along the east property line. Chairman Olson said he did not think the fencing was necessary and Ms. Horaz said she would prefer landscaping rather than fencing.
Chairman Olson read the standards for both variances. It was noted that the units could be moved around or removed. Commissioner Williams expressed concern that the staff had not yet been able to review the landscape plan since it was just received this week.
Action Item
Variance
It was moved and seconded by Commissioners Williams and Horaz, respectively, to approve PZC 2022-17 Yorkville Self Storage. The motion was read by Mr. Williams as follows: In consideration of testimony presented during a Public Hearing on August 10, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval to permit accessory structures closer to the public right-of-way than the principal building and to permit the expansion of a non-conforming use for the property located at 1602 N. Bridge Street, subject to staff recommendations in a staff memo dated August 3, 2022. Those staff recommendations are: the placement of the accessory structures must be consistent with the current layout of units as illustrated in the submitted site plan dated 6-30-2022. An 8-foot privacy fence must be installed along the rear property line to buffer the land use from adjacent properties. A landscape plan must be submitted and approved which is consistent with the conditions of the landscape ordinance regulations for perimeter parking lot landscaping per Section 8-12-2-C-2-b. When a parking lot is adjacent to a public right-of-way, a landscape buffer yard shall be provided and shall be the width of the required parking lot setback or thirty feet (30'), whichever is less. The buffer yard shall consist of one (1) shade tree, one (1) evergreen tree and thirty-three (33) shrubs per one hundred (100) linear feet of buffer yard.
Roll call: Williams-yes, Horaz-no, Hyett-no, Olson-yes. Ayes-2, Nays-2. Ms. Noble will forward the decision to City Council.
Additional Business None
City Council Updates
1. PZC 2022-12 Bristol Bay: Ms. Noble said the Bristol Bay Units 10 and 12 Final Plats were approved by the City Council on July 26.
Citizen Comments (out of sequence)
Mr. Todd Milliron said he attended the June PZC meeting where there was discussion regarding the possible change of the county land use plan on S. Eldamain to include business/industrial uses. He said the Silver Springs conservation officers oppose that possible change. He wished to inform this body so if this matter comes back for a recommendation, that the officers be invited to provide input. He said the county did not ask for their input. He believes their information is important since there are county and state parks nearby and he is concerned about the possible impact.
Adjournment
There was no further business and the meeting was adjourned at 8:09pm on a motion by Mr. Williams and second by Ms. Horaz. Unanimous voice vote.
https://www.yorkville.il.us/ArchiveCenter/ViewFile/Item/4813
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