United City of Yorkville\'s Zoning Commission Presentation 7 28 10
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United City of Yorkville\'s Zoning Commission Presentation 7 28 10
- 1. UNITED CITY OF YORKVILLE ZONING COMMISSION July 28, 2010 United City of Yorkville Building and Community Development Departments
- 2. GENERAL OBJECTIVES Comprehensive revision and update of the City’s Zoning Ordinance should focus on: Internal & External Consistency Layout, Ease-of-Use in Formatting and Style Updating of Districts to address current and future Land Use Needs and Opportunities Use of Effective and Creative Zoning Techniques Clarity in the Administration and Enforcement United City of Yorkville Building and Community Development Departments
- 3. COORDINATION WITH OTHER REGULATORY DOCUMENTS Proposed revisions to the Zoning Ordinance must be cross-referenced with the following to ensure consistency: Subdivision Control Ordinance Sign Landscape Ordinance Ordinance Wetland Water Protection Conservation Regulations Ordinance United City of Yorkville Building and Community Development Departments
- 4. BRING INTO COMPLIANCE WITH FEDERAL AND STATE LAW Proposed revisions to the Zoning Ordinance must comply with recent case law: People ex rel. Affordable Housing Religious Land Use Adult Uses/Sexually Klaeren v. Village of Planning and and Oriented Lisle Appeal Act Institutionalized Businesses •Administration •Residential Zoning Persons Act of 2000 •Permitted/Special and Enforcement Districts (RLUIPA) Uses •Special Uses United City of Yorkville Building and Community Development Departments
- 5. PICTURE THIS… Graphics aid in the conveyance of regulations to bulk and form: Legal caveat: In cases where text and image are in conflict, the text shall govern!
- 6. SPECIAL DISTRICTS Evaluate what specific criteria, standards or goals should be applicable to newly created overlay districts. CCD, HISTORIC ROUTE 47 CONSERVATION DOWNTOWN OVERLAY DISTRICT DESIGN DISTRICT OVERLAY DISTRICT • Green Design • Preservation • Design Guideline (?) • Low-Impact Guidelines • ??? Development • Local/State/National Techniques Designation United City of Yorkville Building and Community Development Departments
- 7. INCENTIVES/BONUSES Consider implementing alternative development tools: Density Bonuses Meet Criteria for LEED Certification •Green Neighborhood Development Certification (New 2010) www.usgbc.org Transfer of Development Rights United City of Yorkville Building and Community Development Departments
- 8. CONTEMPORARY COMMUNITIES Research other communities ordinances that have successfully implemented specific zoning regulations: and many more….. WARRENVILLE OSWEGO PLAINFIELD NAPERVILLE Learn what worked and what didn’t work… United City of Yorkville Building and Community Development Departments
- 9. PROPOSED WORK PLAN/TIMELINE Review Summer 2010 Draft Revisions Summer - Fall 2010 Editing/Formatting of Final Draft Winter 2010 - 2011 Open House Spring 2011 Summer 2011 Public Hearings/Adoption Training/Follow-up United City of Yorkville Building and Community Development Departments
- 10. JULY 28TH MEETING – GUEST SPEAKER RONALD S. COPE UNGARETTI & HARRIS Land Use Attorney Government Land Use, Zoning and Eminent Domain Energy, Clean Technologies and Climate Change Recent Publications: Wind Energy: Will It Benefit Your Municipality? Illinois Municipal Review, July 2009 Municipal Wind Farms: Zoning and Wind Energy United City of Yorkville Building and Community Development Departments
- 11. Next Meeting… Wednesday, August 25, 2010 United City of Yorkville Building and Community Development Departments
Editor's Notes
- Most in-depth or comprehensive revisions or updates to Zoning Ordinances usually are based upon these objectives…I’ll go through each of these briefly to explain how we can accomplish these goals in our process of updating Yorkville’s zoning ordinance.
- Internal Consistency:The Code must be consistent with other City regulatory documents, such as...Although not a regulatory document, but the Comprehensive Plan should be considered also with regards to density, land use, purpose and intent for each zoning district.We will cross-reference these documents, along the way and suggest any revisions to be made.
- External Coordination:The update must also bring the Zoning Ordinance into compliance with federal and state land use and zoning laws.Here are a few examples of contemporary laws which will have an effect on certain section of the Ordinance.Klaeren – established that all proposals approved or denied per the zoning ord. will be reviewed by a court as a legislative decision and could then be retried again by the court. This dictates how clear, organized and well defined our review and approval process should be in the ord.
- Layout and ease-of-useThe formatting if the document will be the final element in this process, but it should be considered through-out this draft process.Especially the use of graphics.The assist with helping convey more complex aspects of the ordinance without having to be overly technically verbose or wordy.Here are a few examples.BUT BE WARY….must have language in the ordinance that states where the text and graphic conflict, the text will govern.
- Updating districts to reflect the current conditions, needs and opportunitiesWith the proposed new Special Districts, we will need to really hone-in on the specific criteria or goals we are trying to achieve and how they can be applied in those districts.Currently you have proposed these 3 new districts..what should we consider?
- Use of Effective and Creative Zoning TechniquesOnce we know what we want within these districts, how do we go about achieving it?We can consider implementing some creative, yet effective development tools such as incentives and bonuses.These can come in the form of allowing increased density, requiring developments meet certain criteria for LEED Certification (Leadership in Energy & Environmental Design) or allowing for the transfer of development rights.Note that LEED has a new Green Neighborhood Development Certification just implemented this year (2010) and we will get more into this when we look at the Conservation Development District.
- To accomplish all of this we don’t have to re-invent the wheel. We can look towards other communities that have implemented some of these techniques or objectives into their plans.We can learn what worked, what didn’t and why.I have already researched and compared at least 7 zoning ordinances from surrounding communities when analyzing the sections I have prepared for you to review tonight.
- So how do I propose we get this done?Here is a very broad timeline of how the process will go.Through this summer (June-August) we will review the sections already revised.Then from August/September to November we will begin drafting the new sections.The Winter (December to March) will be dedicated to fine tuning and formatting.Spring of next year (April-May) will an opportunity for us to hold an Open House to present or draft to the public for feedback.Summer of 2011 will be the commissions and City County review process and final adoption.There will also be follow-up training for those commissions that will be administering/interpreting the ordinance (ZBA/PC)Throughout this process we will have presentations from guest speakers.
- And our first speaker will be with us next session, Mr. Ronald Cope. Lead counsel in precedent-setting cases upholding modern zoning concepts. Written and lectured extensively on recent land use case law and statutes pertaining to zoning and annexation. Recent Development and Economic Incentive Transactions: Currently representing $400 million dollar wind farm development in defending the development of a 151-wind turbine wind farm against challenges to the zoning and actions for various forms of damage.