Plan Commission Minutes 2012 04-11-12 APPROVED 6/13/12
UNITED CITY OF YORKVILLE
PLAN COMMISSION
City Council Chambers
Wednesday,April 11, 2012 7:00pm
Commission Members in Attendance:
Chairman Tom Lindblom Sandra Adams
Jane Winninger Jeff Baker
Art Prochaska James Weaver
Charles Kraupner
Absent: Jack Jones, Michael Crouch
Other City Staff
City Administrator Bart Olson
Alderman Larry Kot
Alderman George Gilson
Krysti Barksdale-Noble, Community Development Director
Chris Funkhouser, Alderman
Other Guests —
George Frost Ray Wolson
Barb Wolson Tom Gilmour
Judy Gilmour Paula Gawlik
Tom Corredato Sue Corredato
Nick Hettinger Art Williams
Kathy Theis Steve Theis
Lynn Neal Tim Neal
Don Hirsch Fred DuSell
David Schultz Pam Robinson
Sharon Rose Chris Galbraith
Mark Johnson Matt Schury,Kendall County Record
Angie Phipps, Court Reporter
Jillian Duchnowski, Yorkville Patch
Meeting Called to Order
Chairman Tom Lindblom called the meeting to order at 7pm.
Roll Call
Roll call was taken and a quorum was established.
Previous Meeting Minutes -March 14, 2012
The minutes were approved as presented on a motion by Baker and second by Prochaska.
Voice vote approval.
1
Citizen's Comments
Joe Phillips of Brandon Road Properties made a statement to become part of the public
record. This was in regards to 2 reports included in FOIA requests made in January
2012. He said the reports were in the hands of Yorkville City officials and included
drainage and traffic studies at the intersection of Pavilion Rd. and Fox Rd. He said this
information was available to the City when the Council voted and would have answered
many questions at the previous Plan Commission hearing. He said the info was not
turned over to his company, making the City in violation of the FOIA's.
Public Hearings
1. 2012-01 United City of Yorkville is proposing to amend Title 10, Chapter
13: Planned Unit Development of the Municipal Zoning Ordinance to
comprehensively revise the method and procedure in which Planned Unit
Development(PUD) applications are considered for approval.
A motion was made and seconded by Prochaska and Adams, respectively to open the
Hearing. Voice vote approval. The hearing opened at 7:07pm and closed at 7:08pm on a
motion by Winninger and second by Prochaska. Voice vote approval.
There was no discussion or public comment.
(See Court Reporter's Transcript)
Old Business
1. PC 2012-02 D. Construction Management, Petitioner, on behalf of
Brandon Road Properties, LLC, Owner,is requesting authorization within
the R-2 One-Family District to temporarily fill low areas and grade portions
of a site located at the northeast and southeast corners of Fox Road and
Pavilion Road (Evergreen Farm Estates)with uncontaminated soil from
roadway projects of the State of Illinois and return to agricultural uses as
allowed by Special Use Permit in Section 10-6C-2 and Section 10-613-2 of the
United City of Yorkville City Code.
Chairman Lindblom said there are 6 standards to determine if criteria are met in order to
recommend Special Use to the Council. He also noted the vote 0-5 against the motion at
the March Plan Commission meeting. The City Council will make the final decision.
Chairman Lindblom said each point would be read and then discussed. Standards are
paraphrased as follows:
1. Establishment of Special Use will not be unreasonably detrimental to the public
health, safety etc.
Commissioner Prochaska said he was concerned about the task at hand. At the last
meeting, it was determined it was permissible as a Special Use, however, not permissible
for that zoning. He said he was quoted in the minutes just approved, that there was not
enough information to approve. He said the Commission's decision was based on the
information they had at the time. The grading plan information was also not available at
2
the time. Baker stated it would not be detrimental to the general welfare, however,
Prochaska said it could not be determined if this would or wouldn't be an issue with the
information on that night. Mr. Baker countered that the State has very strict policies
concerning water runoff Mr. Prochaska said if the Special Use was approved as part of a
development, the petitioner would need a preliminary plat with detention provisions.
Because this is a special use, there is no plat required. It was suggested the reports Mr.
Phillips referred to should be given to the City Council. The rest of the Commissioners
said they did not know if the special use would be detrimental, based on the information
at the last meeting.
2. Special use will not be injurious to use of other property, nor substantially
diminish property values....
Due to the lack of information on the storage method of the dirt, the Commissioners
agreed the dirt could be injurious.
3. Establishment of the special use will not impede normal development and
improvement of surrounding property...
The Commissioners said they did not feel this would be an issue.
4. Adequate utilities, access roads, drainage or other facilities being provided...
All agreed there was no documentation for this.
5. Adequate measures taken to provide ingress/egress to minimize traffic
congestion..
Commissioner Weaver said this would be affected by the County who would issue the
permits. A staff recommendation was made to align the entrances of the northern and
southern parcels off Fox. Chairman Lindblom said there could be an effect on traffic
congestion.
6. Special use shall conform to the applicable regulations of the district except as
any regulations being modified by the City recommended by the Plan
Commission....
None of the Commissioners were aware of any issues.
New Business
(Description same as 41 under Public Hearings)
Ms. Barksdale-Noble said staff has been working with the Zoning Commission to update
the zoning code. The PUD ordinance was also considered and research was done on
State codes. In order to encourage development, more info will be provided upfront to
spur construction. The entire ordinance and code were modified.
It was suggested to have Plan Commission and Park Board meet in joint meetings,
however, the Park Board was concerned they would not have a vote.
3
Ms. Barksdale-Noble presented a chart showing the proposed steps for a review process
for building:
1. Application
2. Concept PUD or preliminary/final PUD plat
3. Go before City Council for feedback
Action Item
i. Text Amendment
Motion: A motion was then made by Adams and seconded by Kraupner to approve this
amendment.
Discussion: Mr. Prochaska said a mixed use might be better and an overlay district was
suggested by Ms. Barksdale-Noble.
Roll call: Adams-yes, Winninger-yes, Baker-yes, Prochaska-yes, Weaver-yes, Kraupner-
yes, Lindblom-yes. Passed 7-0.
Additional Business
Ms. Barksdale-Noble said that Evergreen Farms will be on the agenda at the next City
Council meeting on April 24.
Adiournment
Prochaska moved and Kraupner seconded a motion to adjourn the meeting. Voice vote
approval and the meeting was adjourned at 7:33pm.
Respectfully submitted by
Marlys Young, Minute Taker
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UNITED CITY OF YORKVILLE
YORKVILLE, ILLINOIS
PLAN COMMISSION MEETING
PUBLIC HEARING
800 Game Farm Road
Yorkville, Illinois
Wednesday, April 11 , 2012
7 : 00 p . m.
D-967112 11'11'1101 01
reporting service
1300 Iroquois Avenue,Suite 145
Naperville,IL 60563
630-983-0030• Fax:630-778-4824
Email: depocourt@depocourt.com •www.depocourt.com
2
1 PRESENT :
2 Mr . Tom Lindblom, Chairman,
3 Mr . Charles Kraupner,
4 Ms . Sandra Adams ,
5 Ms . Jane Winninger,
6 Mr . Jeff Baker,
7 Mr . Art Prochaska,
8 Mr . James Weaver .
9
10 ALSO PRESENT :
11 Ms . Krysti Noble, Community Development
12 Director;
13 Ms . Marlys Young, Minute Taker .
14 - - -
15
16
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18
19
20
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22
23
24
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1 CHAIRMAN LINDBLOM : I would like to
2 formally call the meeting to order . Could we have
3 the roll call , please .
4 MS . YOUNG : Kraupner?
5 MR. KRAUPNER: Yes .
6 MS . YOUNG : Adams ?
7 MS . ADAMS : Here .
8 MS . YOUNG : Winninger?
9 MS . WINNINGER: Here .
10 MS . YOUNG : Jones is absent . Baker?
11 MR. BAKER: Here .
12 MS . YOUNG : Prochaska?
13 MR . PROCHASKA: Here .
14 MS . YOUNG : Weaver?
15 MR. WEAVER: Here .
16 MS . YOUNG : Crouch is absent .
17 Lindblom?
18 CHAIRMAN LINDBLOM : Present . We do have
19 a quorum.
20 You should have received the minutes
21 from the previous meeting . Are there any
22 additions or corrections?
23 (No response . )
24 CHAIRMAN LINDBLOM : Hearing none,
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1 entertain a motion to approve the minutes .
2 MR . BAKER: So moved.
3 MR . WEAVER: Second.
4 CHAIRMAN LINDBLOM : Moved and seconded .
5 Any further discussions?
6 (No response . )
7 CHAIRMAN LINDBLOM : Hearing none, those
8 in favor signify by saying aye .
9 (A chorus of ayes . )
10 CHAIRMAN LINDBLOM : Opposed?
11 (No response . )
12 CHAIRMAN LINDBLOM : Motion passes .
13 At this point I would welcome any
14 citizens ' comments , as I asked before .
15 (No response . )
16 CHAIRMAN LINDBLOM : Hearing none, then I
17 would like to move forward --
18 THE WITNESS : I have one . I want to
19 submit for the record and let you know or make
20 part of the public record that there was two
21 reports that were part of a FOIA request made in
22 January of 2012 that were in the hands of the City
23 of Yorkville; and they dealt with the drainage
24 study and a traffic study that was done at the
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1 intersections for Fox Road and Pavilion Road .
2 I understand you don ' t want to
3 discuss Evergreen Farms at all . That ' s fine . But
4 this information was here, available to the City .
5 That would have answered a lot of questions for
6 the Council when you made your vote . It was not
7 turned over in the FOIA request to us , so the City
8 is in violation of FOIA. But this information was
9 there .
10 CHAIRMAN LINDBLOM : That ' s been read
11 into the record . I ' m not sure that that ' s for us
12 to do anything about , but you can take that to the
13 Council .
14 MR. PHILLIPS : I ' m Joe Phillips with
15 Brandon Road Properties .
16 CHAIRMAN LINDBLOM : Okay . First on the
17 agenda is the Public Hearings PC 2012-01 . United
18 City of Yorkville is proposing to amend Title 10 ,
19 Chapter 13 , Planned Unit Development of Municipal
20 Zoning Ordinance to comprehensively revise the
21 method and procedure in which Planned Unit
22 Development, PUD, applications are considered for
23 approval .
24 Could I have a motion then to go
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1 into public hearing .
2 MR. KRAUPNER: Moved .
3 MR . WEAVER: Second .
4 CHAIRMAN LINDBLOM : Moved and seconded
5 to go to public hearing . Any discussion on the
6 motion?
7 (No response . )
8 CHAIRMAN LINDBLOM : Hearing none, those
9 in favor signify by saying aye .
10 (A chorus of ayes . )
11 CHAIRMAN LINDBLOM : Opposed?
12 (No response . )
13 CHAIRMAN LINDBLOM : Motion passes .
14 At this time, if there is anybody
15 present that wishes to speak to the Commission on
16 this public hearing, I would ask for you to stand
17 and raise your hand and take the oath .
18 (No response . )
19 CHAIRMAN LINDBLOM : Don ' t all stand at
20 once . Let the record show there was nobody that
21 wished to speak in the public hearing on this
22 issue . With that said, I would move that the
23 public hearing be closed .
24 MR . WEAVER: So moved .
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1 MR . PROCHASKA: Second.
2 CHAIRMAN LINDBLOM : Moved and seconded .
3 Discussion on the motion .
4 (No response . )
5 CHAIRMAN LINDBLOM : Hearing none, those
6 in favor signify by saying aye .
7 (A chorus of ayes . )
8 CHAIRMAN LINDBLOM : Opposed?
9 (No response . )
10 CHAIRMAN LINDBLOM : Motion passes .
11 Under old business , we have PC
12 2012-02 , D . Construction Management, Petitioner,
13 on behalf of Brandon Road Properties , LLC, Owner,
14 is requesting authorization within the R2
15 One-Family District to temporarily fill low areas
16 and grade portions of a site located at the
17 northeast and southeast corners of Fox Road and
18 Pavilion Road, Evergreen Farm Estates , with
19 uncontaminated soil from roadway projects in the
20 state of Illinois and return to agricultural uses
21 as allowed by special use permit in Section
22 10-6C-2 and Section 10-6B-2 of the United City of
23 Yorkville ' s City Code .
24 As I mentioned, there were six
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1 points . We need to see if they meet the criteria
2 of the six points in order to recommend special
3 use to the Council .
4 Again, just for the record, for some
5 of you that may not have been here, our vote at
6 the last meeting was 5-0 against the motion that
7 was made to forward this in the affirmative sense .
8 It was only a recommendation . It goes to the
9 Council . Then they will consider and make a final
10 determination .
11 What I plan to do is to read each of
12 these items so the audience has a chance to hear
13 what it is we ' re discussing, and then we can
14 discuss that issue and move forward from there .
15 Okay . Item No . 1 , the
16 establishment , maintenance, or operation of the
17 special use will not be unreasonably detrimental
18 to or endanger the public health, safety, morals ,
19 comfort , or general welfare . Are there some
20 comments then for the record on that point?
21 MR . PROCHASKA: Mr . Chairman .
22 CHAIRMAN LINDBLOM : Go ahead.
23 MR. PROCHASKA: I am a little bit
24 concerned about what our task is here because,
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1 again, what we stated at the last meeting, it is
2 permissible as a special use . It is not a
3 permissible use for that zoning .
4 As such, just above that first
5 statement , it says no special use shall be
6 recommended by the Plan Commission unless said
7 Commission shall find that, and then we go through
8 the six statements there .
9 My interpretation of that is that
10 the default goes to not approve unless there ' s
11 enough information provided to this group to
12 determine that none of these situations exist , as
13 opposed to a permissible use in a zoning where the
14 proof would have to be that there ' s something
15 wrong .
16 And this is kind of stated in the
17 opposite .
18 If that ' s in conflict with what the
19 State requires, I would suggest the City needs to
20 look at the ordinance, because I think we did
21 state -- in fact , in the minutes we just approved,
22 I ' m quoted as saying that there was not enough
23 information to determine some of these things and
24 that one of the things that we felt that there --
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1 or I felt , was there could be an instance of a
2 public health issue ; could be safety .
3 Is there for sure? Can I say
4 specifically there is? No . But I can also not
5 say specifically there was not because, again, we
6 didn ' t have all the facts .
7 This gentleman here said some of
8 those reports were with the City. They were not
9 here .
10 We did not have access to them. We
11 didn ' t know that stuff .
12 We have to make the decision based
13 on the information that was presented that night
14 and not recollect or try to take something else
15 that comes along later . It ' s the public hearing .
16 Whatever information is presented, we take that
17 into consideration and make a recommendation .
18 Now, for whatever reason that wasn ' t
19 there, that is fine .
20 I believe the other issue was that
21 there was not a grading plan done yet at this
22 point in time . There was nothing that showed the
23 actual flow of the water, how it would be
24 retained, the amount of retention . There was
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1 nothing that showed us the outfall, where it was
2 going to go, the rate of outfall, which was all
3 dealt with questions of people and about how the
4 water would affect their property and whether that
5 would be an issue for them, standing water, or
6 that they would flood or anything like that .
7 Again, there was nothing that said
8 it was going to happen, but there was nothing
9 there that said it wasn ' t going to happen . That
10 information was not here .
11 When I go down through all of these,
12 to me, that ' s the answer, is that the ones that --
13 the specific issue that I had were the 1 , 2 , and
14 4 ; but , again, it was because there was not enough
15 information here to determine that these
16 conditions did not exist .
17 I believe I said -- and if I didn ' t,
18 I ' ll say it now . It may be fine . It may work .
19 But we did not have the information
20 to determine that .
21 My vote was a vote not to approve it
22 as opposed to a vote to deny, if that makes sense .
23 CHAIRMAN LINDBLOM : Krysti, you were at
24 the economic --
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1 MS . NOBLE : Sure . I just want to
2 clarify . It ' s something the staff brought up
3 initially . Each standard has to be addressed
4 individually, not in a generalized statement and
5 not just restated.
6 The way the ordinance is set up,
7 it ' s correct . It ' s in the affirmative . You have
8 to go through each statement , saying, "No, they
9 did not meet the standard because, " or, "No, they
10 didn ' t provide enough information to lead me to a
11 finding of affirmative . "
12 So everything is in the ordinance
13 set up for you to address each statement
14 individually . You just addressed about three of
15 them in one comment . So we can go through each,
16 and you can explain why.
17 MR . PROCHASKA: Thank you .
18 CHAIRMAN LINDBLOM : Okay . With the
19 first one we ' re dealing with, something being
20 unreasonably detrimental to or endanger the public
21 health, safety, morals , comfort, or general
22 welfare . And the answer to that would be?
23 MR. BAKER: No .
24 CHAIRMAN LINDBLOM : Any reason for that .
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1 MR . BAKER: Well , I ' m answering the
2 question given to us on the paper . My answer is
3 to the question is , no, it is not detrimental .
4 CHAIRMAN LINDBLOM : Your answer is it is
5 not detrimental .
6 MR . BAKER: It is not , no . It is not
7 unreasonably -- unreasonably -- detrimental .
8 CHAIRMAN LINDBLOM : Any other comments
9 on that .
10 MR. PROCHASKA: I don ' t know how that --
11 MR . BAKER: The question relates to
12 operating a specific use of the special use . I
13 think it ' s a very simple question . Yes or no .
14 MR . PROCHASKA: And the answer is that
15 it does not -- we cannot find that those issues do
16 not exist . We were not -- I was not able to find
17 that .
18 Again, had there been in my own
19 mind -- and everybody else can have their own
20 opinions . Had there been a grading plan that
21 showed how the water was to be -- how the ground
22 was to be graded, what the elevations were going
23 to be set at , how the water would flow, what the
24 detention was based on water that now sits and
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1 that now you ' re going to fill it up . Those were
2 all questions and issues people had because , if
3 the water doesn ' t sit on that property, it has to
4 go somewhere else .
5 Where does it go? At what rate does
6 it go? How does it affect the neighbors? Is it
7 going to be standing water which could create a
8 public health issue? Is it something that ' s going
9 to run across the road which could create a safety
10 issue? Maybe --
11 MR . BAKER: Certainly, you ' re well aware
12 of the facts in your --
13 MR. PROCHASKA: I ' m still speaking,
14 Mr . Chairman . I have the floor .
15 CHAIRMAN LINDBLOM : Go ahead .
16 MR . PROCHASKA: Again, that answer --
17 the question I have is that , no, we could not
18 determine that that was going to be an issue . But
19 with the lack of having the information before us ,
20 we cannot determine that it wouldn ' t be .
21 The way it says , no special use
22 shall be recommended unless the Commission shall
23 find that , which means you have to know that these
24 things are not going to happen; and that was my
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1 statement . My statement was that there just
2 wasn ' t enough information to make that a clear
3 choice .
4 MR . BAKER: Mr . Chairman?
5 CHAIRMAN LINDBLOM : Go ahead .
6 MR. BAKER : I believe the State of
7 Illinois has very strict policies and laws on
8 water runoff; and I believe it is that there ' s
9 nothing going to happen unless this goes through
10 the State and they sign off on it .
11 CHAIRMAN LINDBLOM : I don ' t know that to
12 be a fact .
13 MR . BAKER : The laws are very specific
14 on water runoff, and you know that because we ' ve
15 sat through many of these .
16 MR. PROCHASKA: Mr . Chairman, if I may .
17 CHAIRMAN LINDBLOM : Go ahead .
18 MR . PROCHASKA: If this was done as part
19 of the development , which then it would be a
20 permissible use as part of developing the
21 property, we -- to come before this group, before
22 they could ever do anything with dirt , they would
23 have to present a preliminary plat . Is that
24 correct or not?
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1 MS . NOBLE : Correct .
2 MR . PROCHASKA: And in that preliminary
3 plat , they would locate where the detention was .
4 There would have to be calculations done for how
5 much the detention was going to hold, where it was
6 going to flow, what the off-flow would be, what
7 direction it would be, how the water coming onto
8 the property would be handled, how it would be
9 handled going out . That would all be part of the
10 preliminary plat , if it was done as a permissible .
11 Because this is a special use, there
12 is no plat required . But in order to determine
13 that this is not going to be a safety issue or a
14 public health issue, we would need to know, see
15 that , and it would be a very simple thing .
16 If we present it and say, yeah, we
17 figured out how we ' re going to do this , it would
18 be done .
19 Even as a permissible use, we would
20 still require that plat before the Commission
21 would make approval , which would then allow them
22 to move the dirt .
23 MR . BAKER: I would certainly think the
24 City Council would have that information in front
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1 of them before this takes place . Now you know we
2 are a step in the process .
3 CHAIRMAN LINDBLOM : We ' re advised to
4 present -- what this gentleman talked about
5 tonight in his report, to present that to the
6 Council and ask for their vote .
7 MR. BAKER: Right .
8 MR. PROCHASKA: Absolutely . I think
9 that ' s the -- if that information now exists , then
10 fine . Present it to the Council .
11 If they have that and they ' re
12 comfortable, it could move on . It just wasn ' t
13 here that night . Again, I ' m not saying --
14 MR. BAKER: Well, we usually start with
15 a concept plan before .
16 MR . PROCHASKA: Or some kind of plan .
17 CHAIRMAN LINDBLOM : Any other comments
18 on this point .
19 (No response . )
20 CHAIRMAN LINDBLOM : I have been asked to
21 have each Commissioner respond whether either they
22 agree or disagree that it will not be unreasonably
23 detrimental .
24 Now, I think it ' s going to be hard
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1 for a couple of you to answer that because you
2 weren ' t here, but there were four of us that were .
3 Charlie, how do you feel?
4 MR . KRAUPNER: Based on the information
5 we didn ' t have at the time, I ' m going to have to
6 disagree . Based on the information we have, I
7 don ' t know it won ' t be detrimental to the public
8 safety and welfare .
9 CHAIRMAN LINDBLOM : Jim.
10 MR . WEAVER: I would have to agree . Lack
11 of information in order to determine .
12 CHAIRMAN LINDBLOM: I would agree with
13 that . So that ' s the four that are here .
14 Item 2 . The special use will not be
15 injurious to the use and enjoyment of other
16 property in the immediate vicinity for the purpose
17 already permitted, which would be residential, not
18 substantially diminish and impair property values
19 within the neighborhood.
20 I don ' t have a feel for, if this
21 were permitted, what it would do to property
22 values .
23 MR . PROCHASKA: Property values was not
24 what I was looking at with this because, again,
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1 same way, I don ' t know that that ' s the issue .
2 I was looking at more the question
3 of whether it would be injurious to the use and
4 enjoyment of other properties . Again, because we
5 did not know how the water was to be collected,
6 how it was to be stored, how it was to be let go,
7 there ' s -- and there was no way to determine that
8 that would not happen . That ' s why .
9 CHAIRMAN LINDBLOM : I assume, Jim, by
10 nodding your head, you agree .
11 MR . WEAVER: I agree . It all stems kind
12 of from No . 4 that we ' re going to be coming up and
13 discussing .
14 CHAIRMAN LINDBLOM: Charles .
15 MR . KRAUPNER: If I ' m reading No . 2
16 here, special use will not be injurious to the
17 use, I ' m going to have to disagree with that . I
18 think it will be injurious to the use .
19 CHAIRMAN LINDBLOM : That ' s my feeling,
20 also . It could be injurious to the use .
21 Item 3 , the establishment of a
22 special use will not impede the normal and
23 ordinary development and improvement of
24 surrounding property for uses permitted in the
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1 district .
2 MR. PROCHASKA: I have no problem with
3 that one .
4 MR . WEAVER: I don ' t think that would be
5 an issue to impede any development .
6 CHAIRMAN LINDBLOM: Should not be an
7 issue? Charlie , do you agree .
8 MR . KRAUPNER : I agree .
9 CHAIRMAN LINDBLOM : Item 4 , adequate
10 utilities , access roads , drainage , and other
11 necessary facilities have been or are being
12 provided. There ' s no documentation to show that ;
13 correct?
14 MR . PROCHASKA: Again, basis of --
15 MR . WEAVER: Agree .
16 CHAIRMAN LINDBLOM : Agree .
17 MR . KRAUPNER : Yes .
18 CHAIRMAN LINDBLOM: No . 5 , adequate
19 measures have been or will be taken to provide
20 ingress or egress so designed as to minimize
21 traffic congestion in the public streets .
22 MR. WEAVER: Affected by the county . The
23 county, if I ' m not mistaken, has control of that,
24 of the egress and --
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1 MS . NOBLE : Correct . They would issue
2 permits .
3 MR . BAKER : They have issued two egress
4 and ingress points , right?
5 MS . NOBLE : No .
6 MR . BAKER : They have not yet?
7 MS . NOBLE : No .
8 MR . KRAUPNER: Did they not discuss
9 aligning something --
10 MS . NOBLE : There was a recommendation
11 from Staff to align the entry for the northern
12 parcel and the southern parcel off of Fox . I
13 believe the Petitioner will be providing
14 application to the county for those temporary
15 access points .
16 CHAIRMAN LINDBLOM : I guess I ' m not so
17 sure it ' s not going to have an effect on traffic
18 congestion . We talked about the ingress and
19 egress . I haven ' t said this before, but I live on
20 Fox Road, as most of you know, and I know what the
21 traffic is on that right now .
22 At 1 : 00 this afternoon, I had
23 trouble getting on Route 47 and back up past Main
24 Street . So I would think this truck traffic,
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1 however many trucks it is , that ' s in the -- it ' s
2 certainly going to contribute to it .
3 MR. WEAVER: You ' re going to have
4 construction going up and down 47 , and now you ' re
5 going to be adding that in that vicinity, more
6 truck traffic, whatever it may be .
7 CHAIRMAN LINDBLOM : Any comment .
8 MR. KRAUPNER: I don ' t know if that ' s --
9 I don ' t know if the truck traffic -- what ' s going
10 on is adding any more to what ' s already happening .
11 This No . 5 here -- or No . 4 here --
12 CHAIRMAN LINDBLOM : No . 5 .
13 MR . KRAUPNER : No . 5 . I ' m going to have
14 to say yes on this one . I think they have
15 addressed it .
16 MR . PROCHASKA: I was going to say,
17 again, what was provided to us the night of the
18 meeting did show the offset drives , shows them
19 being offset .
20 However, I believe it ' s stated by
21 City Staff that they already made the
22 recommendation they be lined up . So to the letter
23 of what this says, that the ingress and egress
24 would be designed to minimize traffic, yes, I
Depo•Court Reporting Service (630) 983-0030
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1 think they did that .
2 The question of traffic congestion,
3 traffic control , further down the road is still an
4 issue, but that probably falls more under one of
5 the others .
6 CHAIRMAN LINDBLOM : Okay . Item No . 6 .
7 The special use shall in all other respects
8 conform to the applicable regulations of the
9 district in which it is located except as such
10 regulations may in each instance be modified by
11 the City Council pursuant to the recommendations
12 of the Plan Commission .
13 I ' m not aware of any issues there .
14 Anybody else?
15 MR . KRAUPNER : No .
16 MR. BAKER : No .
17 MR. WEAVER: No .
18 CHAIRMAN LINDBLOM : That ' s the six
19 items . Is there something else we should be
20 doing?
21 MS . NOBLE : No .
22 CHAIRMAN LINDBLOM : Okay . That is it on
23 this item.
24 Moving on to new business then . PC
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1 2012-01 , I read that prior to the public hearing .
2 Krysti , would you give us a review
3 on that .
4 MS . NOBLE : Sure . Over the past
5 year-and-a-half, Staff has worked with our zoning
6 commission, which some of the plan commissioners
7 are a part of, to update our zoning code .
8 Part of that process , we looked at
9 our PUD ordinance and provided in-depth research
10 into what the State codes are as well as what
11 other communities are doing as well as how well
12 the ordinance has worked for the community .
13 We came up with some modifications
14 to the process , to encourage development by
15 spurring the process along, having more
16 information provided upfront to us so that we
17 could get building to happen faster and the
18 process to not be a cumbersome process .
19 With that , we modified the entire
20 ordinance and the code . If you see in your
21 packet, there are some areas where we made a few
22 more modifications from our last meeting because
23 of conversations with other staff members .
24 We did have our City Engineer at the
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1 time as well as our engineering consultant review
2 some of the processes that we implemented .
3 We tried to address some issues with
4 stagnant developments which were not readily
5 addressed in the previous PUD ordinance . And I
6 can call out a section in here where it talks
7 about construction schedules to be maintained and
8 any processes that slow that construction period
9 down, which is three years, we ' re recommending .
10 If the development hadn ' t occurred
11 in that time in a timely manner, they would have
12 to come back and ask for an extension of their
13 construction agreement . That way, we ' re not left
14 with subdivisions half-finished after five or six,
15 seven, eight , ten years .
16 The process , if you notice, did not
17 apply a few things . Right now, residential PUDs
18 go through the Park Board in whole . Right now,
19 there ' s about six or seven steps an individual or
20 developer would have to take to get approval .
21 This process would shorten the
22 criteria but not the quantity of what information
23 is being provided .
24 We combined the Plan Commission with
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1 a representative from the Park Board to sit at the
2 public hearing so that we ' re not having two
3 separate meetings .
4 This was presented to the Park Board
5 at their last meeting . They did express some
6 concern, but they did understand that we ' re trying
7 to expedite the process a bit, and things they
8 review are actually reviewed by Staff, as well ,
9 and that they will have a say and a vote of the
10 hearing process . So they were open to that .
11 There was a suggestion of having a
12 combined or joint meeting with the Plan Commission
13 and the Park Board . Strategically, that probably
14 would work out as well . The Park Board, they make
15 recommendations , but the Plan Commission
16 recommendation would have more of a weight . So
1.7 part of the Planning Commission voting body, they
18 would have more of a say .
19 If you look at the process, there
20 are four steps . I provided a chart of what the
21 process would look like .
22 As opposed to four to five, right
23 now we ' re looking at three to four month review
24 and approval process . You have the
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27
1 pre-application, which is required that happens
2 with Staff . Then they can jump to a concept
3 community plan review, which is optional . At that
4 point they would go before City Council , which is
5 the body that would ultimately be approving or
6 denying the application to get feedback .
7 If they choose not to do that
8 concept PUD, then they go straight to the
9 preliminary PUD plat and the final PUD plat , which
10 can be combined .
11 If you have any questions on any of
12 the specifics , I will be happy to go through them
13 with you .
14 CHAIRMAN LINDBLOM : Are there any
15 questions for Krysti .
16 MR. KRAUPNER : I have none .
17 MR . PROCHASKA: This is the only
18 question I have . Now, this planned unit
19 development is going back to be a special use?
20 MS . NOBLE : Yes .
21 MR . PROCHASKA: On the zoning type?
22 MS . NOBLE : Correct . Two things about
23 that . In the State statutes , under the Division
24 13 , under the authority of special use, that ' s
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1 where cities or municipalities are given their
2 authorization; and I think I put that as a quote
3 in your packet .
4 It says in this section that a
5 special use may be permitted in one or more zoning
6 districts ; and a special use shall be permitted
7 only after a public hearing, before some
8 commissioner or committee . This is from the State
9 statute .
10 Special use may include but are not
11 limited to public and quasi-public uses affected
12 with the public interest , and they can include
13 PUDs , planned unit developments . And that ' s where
14 we get the police power to do it . So it ' s under
15 special use . So, if a PUD falls under special
16 use .
17 If you do it as a zoning, you can ' t
18 take zoning back . Once you rezone a property,
19 unless you rezone it again in public hearing,
20 that ' s something that runs with the land .
21 As a PUD, you can, if they violate
22 the PUD ordinance or agreement, they ' re in
23 default, and they can never continue to move
24 forward with in that plan unless they come into
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29
1 compliance .
2 Once you rezone something, that
3 person has a vested right in that , and that ' s
4 where we want to separate that distinction .
5 CHAIRMAN LINDBLOM : Other questions or
6 concerns .
7 (No response . )
8 CHAIRMAN LINDBLOM : Hearing none, I
9 would entertain a motion that we recommend Council
10 approve this .
11 MS . ADAMS : So moved .
12 CHAIRMAN LINDBLOM: Is there a second.
13 MR. KRAUPNER: Second .
14 CHAIRMAN LINDBLOM : Moved and seconded .
15 Any further discussion .
16 MR . PROCHASKA: I just would like to say
17 that, if this goes back to be a special use, which
18 is fine -- I don ' t really have an issue with that .
19 It makes sense what you ' re saying . But I know --
20 and again, going back to the experts we had at the
21 time we put this together, was the idea that it
22 was a zoning and a -- maybe it would be better off
23 to call it a mixed use zoning or something like
24 that .
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1 MS . NOBLE : Yes .
2 MR. PROCHASKA: Because the purpose of
3 this was to allow for mixed use zoning at one
4 time, that would necessarily mean you were
5 getting -- that you weren ' t necessarily going
6 outside what was normally required for each of the
7 zoning areas . But it was being zoned at one time .
8 So the City could better put
9 together a program where things would be developed
10 succinctly, and it wouldn ' t end up with odd --
11 something odd because you zone something
12 residential and then the piece next to it was
13 commercial or something else .
14 While we do have things to address
15 some of that , one thing we don ' t address by doing
16 that is an overall look or an overall plan for the
17 area .
18 To me, the best example of that is
19 just driving right down the street here, where
20 it ' s all retention . We have a commercial building
21 at the corner; and behind that , we have an office
22 building that has green and yellow metal siding .
23 It meets all codes . It was built to
24 everything, but everything else in this area has
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31
1 brick fronts and everything else . Really, there ' s
2 really nothing you could do about it because it
3 was correct .
4 Whereas , again, if something was
5 designed as a multiuse, whatever that proper
6 terminology would be . So I mean, it would be my
7 thought that maybe the City Council could look at
8 somehow resurrecting this as something else .
9 MS . NOBLE : I understand where he is
10 coming from. He ' s saying that , with the special
11 use, you typically have an underlying zoning
12 district . So if we have an R4 PUD, the underlying
13 zoning is PUD that we grant variations from, and
14 we don ' t want to have a B2 and a PUD all in one
15 site . We want a comprehensive zoning district .
16 A way to address that, inclusive of
17 how we ' re doing this PUD, is to establish an
18 overlay district on our zoning ordinance or in our
19 zoning codes , or we could do a mixed use .
20 So when a property comes in for a
21 PUD, it will have the PUD as a special use ; and
22 designated on our zoning map, it would say PUD
23 overlay, or it could say mixed-use zoning .
24 MR. PROCHASKA: However that ' s going to
Depo•Court Reporting Service (630) 983-0030
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1 work out . But one of the ways to tie that , all
2 the development , because I think that was the
3 purpose why this was created, to do it without the
4 expectation that there would be deviations from
5 what was in the actual zoning, which PUD kind of
6 gets at .
7 MS . NOBLE : Correct .
8 CHAIRMAN LINDBLOM : Okay . We have a
9 motion and a second . Any further discussion from
10 anybody?
11 (No response . )
12 CHAIRMAN LINDBLOM : Hearing none, could
13 we have the roll call , please .
14 MS . YOUNG : Adams?
15 MS . ADAMS : Yes .
16 MS . YOUNG : Winninger?
17 MS . WINNINGER: Yes .
18 MS . YOUNG : Baker?
19 MR . BAKER : Yes .
20 MS . YOUNG : Prochaska?
21 MR . PROCHASKA: Yes .
22 MS . YOUNG : Weaver?
23 MR. WEAVER: Yes .
24 MS . YOUNG : Kraupner?
Depo•Court Reporting Service (630) 983-0030
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1 MR. KRAUPNER: Yes .
2 MS . YOUNG : Lindblom?
3 CHAIRMAN LINDBLOM : Yes . Motion passes .
4 That is it for our agenda . Do you
5 have anything else for us .
6 MS . NOBLE : I do not . For anybody who ' s
7 left in the public, the Evergreen Farm Estates
8 will be on the next City Council agenda .
9 I think it ' s on the 24th; as well as
10 the PUD will be on the 24th .
11 CHAIRMAN LINDBLOM : Do we hear a motion
12 to adjourn .
13 MR . PROCHASKA: So moved .
14 CHAIRMAN LINDBLOM : Second?
15 MR. KRAUPNER : Second .
16 CHAIRMAN LINDBLOM : Those in favor .
17 (A chorus of ayes . )
18 CHAIRMAN LINDBLOM : Thank you .
19 (Which were all the
20 proceedings had . )
21 - - -
22
23
24
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1 STATE OF ILLINOIS )
) SS .
2 COUNTY OF KENDALL )
3 I , Angela Phipps , a Certified Shorthand
4 Reporter for the State of Illinois , do hereby
5 certify that I reported in shorthand the
6 proceedings had at the hearing of the
7 above-entitled cause and that the foregoing Report
8 of Proceedings, Pages 1 through 33 , inclusive, is
9 a true; correct, and complete transcript of my
10 shorthand notes so taken at the time and place
11 aforesaid .
12 I further certify that I am neither
13 counsel for nor related to counsel for any of the
14 parties to these proceedings , nor am I in any way
15 related to any of the parties to these
16 proceedings , nor am I in any way interested in the
17 outcome thereof .
18 I further certify that my
19 certificate annexed hereto applies to the original
20 transcript and copies thereof, signed and
21 certified under my hand only . I assume no
22 responsibility for the accuracy of any reproduced
23 copies not made under my control or direction .
24 IN TESTIMONY WHEREOF, I have
Depo•Court Reporting Service (630) 983-0030
35
1 hereunto set my hand this 11th day of May 2012 .
2
3 - . < �
------ ----------
T`
4 ANGELA PHIPPS, CSR
CSR No . 084-003506
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0 A 15:17 aye[31-4:8,6:9, Certified[1 1- 24:20
align[1]-21:11 7:6 34:3 Code[i]-7:23
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35:4 above-entitled I.,i I allow[21-16:21, 6:10,7:7,33:17 34:12,34:18 30:23,31:19
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34:8 17:8 Baker[3]-2:6,
10[1]-5:18 amount[�]- 3:1,3:18,3:24, 27:10
access[3]- 10:24 3:10,32:18 4:4,4:7,4:10, comfort[21-8:19,
10-66-2[1]-7:22 10:10,20:10, Angela[1l-34:3 BAKER[171- 4:12,4:16,5:10, 12:21
10-6C-2[i]-7:22 21:15 ANGELA - 3:11,4:2, 12:23, 5:16,6:4,6:8, comfortable[1]-
11[1]-1:17 accuracy[1]- 35:4 13:1, 13:6, 6:11,6:13,6:19, 17:12
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27:24 32:5 15:13, 16:23, 11:23, 12:18,
answer[7]- comment(z)-
1:00[1]-21:22 Adams[3]-2:4, 11:12, 12:22, 17:7, 17:14, 12:24, 13:4, 12:15,22:7
3:6,32:14 13:2, 13:4, 21:3,21:6, 13:8,14:15, comments[41-
2 ADAMS[31-3:7, 13:14, 14:16, 23:16,32:19 15:5, 15:11, 4:14,8:20, 13:8,
29:11,32:15 18:1 based[2]-10:12, 15:17, 17:3, 17:17
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18:14, 19:15 adding[2]-22:5, answered[1]- 17:17, 17:20, commercial[z]-
22:10 Based(2]-18:4, 18:9, 18:12,
2012[31-1:17, 5:5 30:13,30:20
18:6 19:9,19:14,
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4:22,35:1 3:22 basis[i]-20:14 19:19,20:6,
2012-01[2]-5:17, 13:1 -6:15,9:6,9:7,
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address[5]- applicable[� - 14:22, 16:20,
24:1 behind[1]-30:21 20:18,21:16,
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24th[z]-33:9, application[31- 26:12,26:15,
31:16 21:14,27:1, better[21-29:22, 23:6,23:18, 26:17
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3[1]-19:21 adequate 121- applies(1]-34:19 26:1,26:4, 32:8,32:12, -1:7
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adjourn[1]- approval[41- body 12]-26:17, 33:14,33:16, -28:8
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19:12,20:9, 14:6 9:10, 11:21, brick 11]-31:1 Charles[2]-2:3, [1]-24:6
22:11 affected[1]- 29;10 brought p]-12:2 19:14 committee[1]-
47(2]-21:23, 28:11 approved[1]- building[3]- Charlie(2]-18:3, 28:8
22:4 Affected[1]- 9;21 24:17,30:20, 20:7 communities p]-
20:22 approving[1]- 30:22 chart[1]-26:20 24:11
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22:11,22:12, 21:22 30:24 6:10,7:7,33:17 24:12,27:3
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14:15, 15:5, 34:21 code[2]-24:7,
23:13 8:24
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concerns m- 25:22 diminish[1]- 8:18, 12:20 fill[21-7:15, 14:1 34:21,35:1
29:6 Crouch p]-3:16 18:18 Engineer[1 1- final[2]-8:9,27:9 handled[2]-
conditions[1]- CSR[21-35:4, direction[2]- 24:24 fine[,,]-5:3, 16:8, 16:9
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construction[4]- 11:3 discussion[31- establishment[2] flow[41-10:23, 6:23, 10:15,
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34:23 detention[31- Division[t]- 32:4 21:12,21:20 hereunto[i]-
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correct[51-12:71 19:7 30:19 F 12:4 7:20, 15:7,34:4
15:24,20:13, detrimental[7]- drainage[2]- gentleman[2]- immediate[1]-
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county[3]- 5:22 21:3,21:19, Farms[q-5:3 15:21 28:10,28:12
20:22,20:23, development[71- 22:23 faster[ ]-24:17 guess[1]-21:16 inclusive[2]-
21:14 15:19, 19:23, eight[t]-25:15 favor[41-4:8, 31:16,34:8
COUNTY[1]- 20:5,24:14, either[1]-17:21 6:9,7:6,33:16 H individual[i]-
34:2 25:10,27:19, elevations[1]- feedback[1]- 25:19
couple[1]-18:1 32:2 13:22 27:6 half[2]-24:5, individually[21-
create[2]-14:7, developments[21 encourage[1]- felt[21-9:24, 10:1 25:14 12:4, 12:14
14:9 -25:4,28:13 24:14 few[2]-24:21, half-finished[1]- information[19)-
created[1]-32:3 deviations[1]- end[1]-30:10 25:17 25:14
5:4,5:8,9:11,
criteria(2)-8:1, 32:4 endanger(2]- figured[1]-16:17 hand[3]-6:17, 9:23, 10:13,
Depo•Court Reporting Service (630) 983-0030
38
10:16, 11:10, 34:2 33:14,33:16, 30:3,31:19, 32:23,33:1, northern[iI-
11:15, 11:19, kind[4]-9:16, 33:18 31:23 33:13,33:15 21:11
12:10, 14:19, 17:16, 19:11, lined[1]-22:22 mixed-use[1]- MS[331-3:4,3:6, notes[1] 34:10
15:2, 16:24, 32:5 live[i]-21:19 31:23 3:7,3:8,3:9, nothing[6]-
17:9, 18:4, 18:6, Kraupner[3]- LLC[1]-7:13 modifications[2) 3:10,3:12,3:14, 10:22, 11:1,
18:11,24:16, 2:3,3:4,32:24 locate[1]-16:3 -24:13,24:22 3:16, 12:1, 16:1, 11:7, 11:8, 15:9,
2522 KRAUPNER[14]- located[2]-7:16, modified[2)- 21:1,21:5,21:7, 31:2
ingress[4]- 3:5,6:2, 18:4, 23:9 23:10,24:19 21:10,23:21, notice[1]-25:16
20:20,21:4, 19:15,20:8, look[5]-9:20, month p)-26:23 24:4,27:20,
21:18,22:23 20:17,21:8, 26:19,26:21, morals[2]-8:18, 27:22,29:11, 0
injurious[5]- 22:8,22:13, 30:16,31:7 12:21 30:1,31:9,32:7,
18:15, 19:3, 23:15,27:16, looked[1]-24:8 most[1]-21:20 32:14,32:15, oath[1]-6:17
19:16, 19:18, 29:13,33:1, looking[3)- motion[e]-4:1, 32:16,32:17, occurred[1]-
19:20 33:15 18:24, 19:2, 5:24,6:6,7:3, 32:18,32:20, 25:10
instance[2]- Krysti[4]-2:11, 26:23 8:6,29:9,32:9, 32:22,32:24, odd[2]-30:10,
10:1,23:10 11:23,24:2, low[1]-7:15 33:11 33:2,33:6 30:11
interest[1]- 27:15 Motion[4]-4:12, multiuse[1]- OF[3]-1:4,34:1,
28:12 M 6:13,7:10,33:3 31:5 34:2
interested[1]- L move[6]-4:17, Municipal[1)- off-flow[1]-16:6
34:16 Main p -21:23 6:22,8:14, 5:19 office[il-30:21
interpretation[1] Lack[1]-18:10 maintained[1]- 16:22, 17:12, municipalities[1] offset[2]-22:18,
-9:9 lack[i]-14:19 25:7 28:23 -28:1 22:19
intersections[1]- land[i)-28:20 maintenance[1]- moved[4]-4:2, old[1]-7:11
5:1 last[4]-8:6,9:1, 6:16 6:24,29:11, N Once[2]-28:18,
issue[17]-6:22, 24:22,26:5 Management[1]- 33:13 29:2
8:14, 10:2, laws[2]-15:7, 7:12 Moved[5]-4:4, necessarily[2]- once[1]-6:20
10:20, 11:5 15:13 manner[i]- 6:2,6:4,7:2, 30:4,30:5 One[i)-7:15
11:13, 14:8, lead[1]-12:10 25:11 29:14 necessary[1)- one[13]-4:18,
14:10, 14:18, left[2)-25:13, map[1]-31:22 Moving[i]- 20:11 9:24, 12:15,
16:13, 16:14, 33:7 Marlys[1)-2:13 23:24 need[2]-8:1, 12:19,20:3,
19:1,20:5,20:7. letter[i]-22:22 mean[2]-30:4, MR[691-3:5, 16:14 22:14,23:4,
21:1,23:4, limited[1]-28:11 31:6 3:11,3:13,3:15, needs[1]-9:19 28:5,30:3,30:7,
29:18 Lindblom[3]- means[1]-14:23 4:2,4:3,5:14, neighborhood[1] 30:15,31:14,
issued[1]-21:3 2:2,3:17,33:2 measures[1]- 6:2,6:3,6:24, -18:19 32:1
issues[41-13:15, LINDBLOM[59]- 20:19 7:1,8:21,8:23, neighbors[1]- One-Family[1]-
14:2,23:13, 3:1,3:18,3:24, meet[2]-8:1, 12:17, 12:23, 14:6 7:15
25:3 4:4,4:7,4:10, 12:9 13:1, 13:6, never[1]-28:23 ones[1]-11:12
Item[5]-8:15, 4:12,4:16,5:10, MEETING[il-1:7 13:10, 13:11, new p]-23:24 open[i]-26:10
18:14, 19:21, 5:16,6:4,6:8, meeting[8]-3:2, 13:14, 14:11, next[2]-30:12, operating[i]-
20:9,23:6 6:11,6:13,6:19, 3:21,8:6,9:1, 14:13, 14:16 33:8 13:12
item[1]-23:23 7:2,7:5,7:8, 22:18,24:22, 15:4, 15:6, night[3]-10:13, operation[1]-
items[2]-8:12, 7:10,8:22, 26:5,26:12 15:13, 15:16, 17:13,22:17 8:16
23:19 11:23, 12:18, meetings[1)- 15:18, 16:2, Noble[1]-2:11 opinions[1]-
12:24, 13:4, 26:3 16:23, 17:7, NOBLE[14]- 13:20
J
13:8, 14:15, meets[1]-30:23 17:8, 17:14, 12:1, 16:1,21:1,
opposed[3]-
15:5, 15:11, members[1]- 17:16, 18:4, 21:5,21:7. 9:13, 11:22,
James[1]-2:8 15:17, 17:3, 24:23 18:10, 18:23, 21:10,23:21, 26:22
Jane[11-2:5 17:17, 17:20, mentioned[1]- 19:11, 19:15, 24:4,27:20, Opposed[3]-
January[1]-4:22 18:9, 18:12, 7:24 20:2,20:4,20:8, 27:22,30:1,
4:10,6:11,7:8
Jeff[i]-2:6 19:9, 19:14,
metal[1]-30:22 20:14,20:15, 31:9,32:7,33:6 opposite[1]-
Jim[2]-18:9, 19:19,20:6, method[1]-5:21 20:17,20:22, nobody[1]-6:20 9:17
19:9 20:9,20:16, mind(1)-13:19 21:3,21:6,21:8, none[9)-3:24, optional[1]-27:3
Joe[1]-5:14 20:18,21:16, minimize[2]- 22:3,22:8, 4:7,4:16,6:8, order[4]-3:2,
joint[1]-26:12 22:7,22:12, 20:20,22:24 22:13,22:16, 7:5,9:12,27:16, 8:2, 16:12,
Jones[1]-3:10 23:6,23:18, Minute[1]-2:13 23:15,23:16, 29:8,32:12 18:11
jump[i1-27:2 23:22,27:14, minutes[3]- 23:17,27:16, normal[1]-19:22 Ordinance[1]-
29:5,29:8, 3:20,4:1,9:21 27:17,27:21, normally[1]- 5:20
K 29:12,29:14, 29:13,29:16, 30:6
mistaken[�]- ordinance[s)-
32:8,32:12,
20:23 30:2,31:24, northeast[1 9:20, 12:6,
KENDALL[11- 33:3,33:11, ,32:19 32:21, 7:17
mixed[a]-29:23, 12:12,24:9,
Depo•Court Reporting Service (630) 983-0030
39
24:12,24:20, 7:12,21:13 34:14,34:16 6:21,6:23,8:18, 10:14 restated[1]-12:5
25:5,28:22, PHILLIPS[1]- Proceedings p)- 10:2, 10:15, recommend[21- resurrecting ill-
31:18 5:14 34:8 12:20, 14:8, 8:2,29:9 31:8
ordinary[l]- Phillips[1]-5:14 process[131- 16:14, 18:7, recommendatio retained[1]-
19:23 PHIPPS[1]-35:4 17:2,24:8, 20:21,24:1, n[5]-8:8, 10:24
original Ill- Phipps[1]-34:3 24:14,24:15, 26:2,28:7, 10:17,21:10, retention[2]-
34:19 piece ill-30:12 24:18,25:16, 28:11,28:12, 22:22,26:16 10:24,30:20
outcome[1]- place[z]-17:1, 25:21,26:7, 28:19,33:7 recommendatio return[1]-7:20
34:17 34:10 26:10,26:19, PUD[l a]-5:22, ns[2]-23:11, review[5]-24:2,
outfal1(2)-11:1, PLAN]l]-1:7 26:21,26:24 24:9,25:5,27:8, 26:15 25:1,26:8,
11:2 plan[9]-8:11, processes[21- 27:9,28:15, recommended[2] 26:23,27:3
outside[l]-30:6 10:21, 13:20, 25:2,25:8 28:21,28:22, -9:6,14:22 reviewed[1]-
overall[2)-30:16 17:15, 17:16, Prochaska[31- 31:12,31:13, recommending 26:8
overlay[2]- 24:6,27:3, 2:7,3:12,32:20 31:14,31:17, [1]-25:9 revise p -5:20
31:18,31:23 28:24,30:16 PROCHASKA[251 31:21,31:22, record[s]-4:19, rezone[31-
own[2]-13:18, Plan[5]-9:6, -3:13,7:1, 32:5,33:10 4:20,5:11,6:20, 28:18,28:19,
13:19 23:12,25:24, 8:21,8:23, PUDs[2]-25:17, 8:4,8:20 29:2
Owner ill-7:13 26:12,26:15 12:17, 13:10, 28:13 regulations[2]- road[z]-14:9,
Planned[2]- 13:14, 14:13, purpose[3]- 23:8,23:10 23:3
P 5:19,5:21 14:16, 15:16, 18:16,30:2, related[2]- Road[8]-1:12,
planned[21- 15:18, 16:2, 32:3 34:13,34:15 5:1,5:15,7:13,
P.M[1]-1:18 27:18,28:13 17:8, 17:16, pursuant[i]- relates[l1-13:11 7:17,7:18,
packet[2]-24:21, Planning[1]- 18:23,20:2, 23:11 report[1]-17:5 21:20
28:3 26:17 20:14,22:16, put[3l-28:2, Report[l]-34:7 roads[11-20:10
Pages[1]-34:8 plat y]-15:23, 27:17,27:21, 29:21,30:8 reported[1]- roadway[11-
paper[l]-13:2 16:3, 16:10, 29:16,30:2, 34:5 7:19
parcel[2]-21:12 16:12, 16:20, 31:24,32:21, Q Reporter[l1- roll[2]-3:3,
Park[5]-25:18, 27:9 33:13
26:1,26:4, program - quantity[l1- 34'4 32:13
point[s]-4:13, P 9 Ill reports[z]-4:21, Route[1]-21:23
26:13,26:14 8:20, 10:22, 30:9 25:22
Part[1]-24:8 projects -7:19 q [ ]-28:11 10:8 run[f]-14:9
17:18,27:4 P 1 [] quasi �
representative[1] runoff[2]-15:8,
part[7]-4:20, P oints[a]-8:1, proof[l]-9:14 quasi-public[1]-
-26:1 15:14
4:21, 15:18, 8:2,21:4,21:15 proper[l1-31:5 28:11
reproduced[1]- runs[1]-28:20
15:20, 16:9, police[l]-28:14 Properties[2]- questions[s]- 34.22
24:7,26:17 5:15,7:13 5:5, 11:3, 14:2,
policies[i]-15:7 request[2]-4:21, S
parties[2]- portions[11-7:16 Properties[1]- 27:11,27:15, 5:7
34:14,34:15 power[ 29.5 requesting[l]-
]-28:14 19:4 safety[s]-8:18,
passes[a]-4:12, pre[l]-27:1 Property[lo]- quorum[1]-3:19 7:14 10:2, 12:21,
6:13,7:10,33:3 11:4, 14:3, quote Vin]-28:2 14:9, 16:13,
pre-application require[�]-16:20
past[z]-21:23, 15:21, 16:8, quoted[l1-9:22 18:8
[�]-27:1 required[3]-
24:4 preliminary[a]- 18:16, 18:18, 16:12,27:1, Sandra pal-2:4
Pavilion[2]-5:1, 15:23, 16:2, 18:21, 19:24, R 30:6 sat[il-15:15
7:18 16:10,27:9 28:18,31:20 requires -9:19 schedules ill-
PC[3]-5:17, Property - R2[11-31:1 s [] 25:7
present[s]-6:15, P �[ 1 R4[�]-31:12 research[�]-
7:11,23:24 15:23, 16:16, 18:23 24:9 second[2]-
re ]raise[� -6:17
people[21-11:3, 17:4, 17:5 proposing[l]- residential[31- 29:12,32:9
rate 5 -11:2, Seconds 4:3,
14:2 Present[z]-3:18, 5:18 18:17,25:17, [1-
14:5
period I q-25:8 17:10 provide 12]- read[3]-5:10, 30:12 6:3,7:1,29:13,
permissible[s]- PRESENT(2)- 12:10,20:19 8:11,24:1 respects[l]- 33:14,33:15
9:2,9:3,9:13, 2:1,2:10 provided[7]- 1 23:7 seconded[a]-
readily[� -25:4
15:20, 16:10, presented[3]- 9:11,20:12, respond[�]- 4:4,6:4,7:2,
16:19 22:17,24:9, reading ill- 29:14
10:13, 10:16,
permit[ 19:15 17:21
]-7:21 26;4 24:16,25:23, section[2]-25:6,
really[2)-29:18, response[1�1-
permits[�]-21:2 previous z - 26:20 28:4
P [ ] 31:2 3:23,4:6,4:11,
permitted[51- 3:21,25:5 providing[1]- 4:15 6:7 6:12 Section[2]-7:21,
18:17, 18:21, problem[l]-20:2 , , ,21:13 Really[1]-31:1 7:22
6:18,7:4,7:9,
19:24,28:5, PUBLIC 1:8 reason[21-
procedure[�]- [ ]- 17:19,29:7, see[31-8:1,
10:18, 12:24
28:6 5:21 Public[l1-5:17 32:11 16:14,24:20
received[1]-3:20
person[1]-29:3 proceedings[4]- Public[22]-4:20, responsibility[1] sense[31-8:7,
Petitioner[z]- 6:1,6:5,6:16, recollect[�]- 11:22,29:19
33:20,34:6, -34:22
Depo•Court Reporting Service (630) 983-0030
40
separate[21- specific(3)- succinctly[1]- U 11:4,11:5, Z
26:3,29:4 11:13, 13:12, 30:10 13:21, 13:23,
set[4]-12:6, 15:13 suggest[1]-9:19 ultimately[11- 13:24, 14:3, zone p]-30:11
12:13, 13:23, specifically[2]- suggestion[i]- 27:5 14:7,15:8, zoned[1]-30:7
35:1 10:4, 10:5 26:11 uncontaminated 15:14, 16:7, zoning[20]-9:3,
seven[2]-25:15, specifics[1]- surrounding[1]- (1]-7:19 19:5 9:13,24:5,24:7,
25:19 27:12 19:24 Under[1]-7:11 ways[1]-32:1 27:21,28:5,
shall[s]-9:5,9:7, spurring[1]- under p]-23:4, Weaver[3]-2:8, 28:17,28:18,
14:22,23:7, 24:15 T 27:23,27:24, 3:14,32:22 29:22,29:23,
28:6 SS[t]-34:1 28:14,28:15, WEAVER(12]- 30:3,30:7,
shorten p)- staff[2]-12:2, Taker(1]-2:13 34:21,34:23 3:15,4:3,6:3, 31:11,31:13,
25:21 24:23 talks[1]-25:6 underlying(2]- 6:24,18:10, 31:15,31:18,
Shorthand[11- Staff[5]-21:11, task[1]-8:24 31:11,31:12 19:11,20:4, 31:19,31:22,
34:3 22:21,24:5, temporarily[1]- unit[2]-27:18, 20:15,20:22, 31:23,32:5
shorthand[2]- 26:8,27:2 7:15 28:13 22:3,23:17, Zoning[1]-5:20
34:5,34:10 stagnant(i1- temporary[1]- Unit[2]-5:19, 32:23
show[31-6:20, 25:4 21:14 5:21 Wednesday(1]-
20:12,22:18 stand[2]-6:16, ten[1]-25:15 UNITED[1]-1:4 1:17
showed(3]- 6:19 terminology[1]- United[2]-5:17, weight[i]-26:16
10:22, 11:1, standard(2]- 31:6 7:22 welcome(1)-
13:21 12:3, 12:9 TESTIMONY p]- unless[6]-9:6, 4:13
shows[1]-22:18 standing[2]- 34:24 9:10, 14:22, welfare[3]-8:19,
siding[i]-30:22 11:5, 14:7 THE[i]-4:18 15:9,28:19, 12:22, 18:8
sign[i]-15:10 start[i]-17:14 thereof[2]- 28:24 Whereas[1]-
signed p]-34:20 state[2]-7:20, 34:17,34:20 unreasonably[5] 31:4
signify[3]-4:8, 9:21 three[3]-12:14, -8:17, 12:20, WHEREOF[1]-
6:9,7:6 STATE[1]-34:1 25:9,26:23 13:7, 17:22 34:24
simple[2]-13:13, State[71-9:19, tie p� -32:1 up[1o]-12:2, whole p]-25:18
16:15 15:6, 15:10, timely[i]-25:11 12:6, 12:13, Winninger[3]-
sit[2]-14:3,26:1 24:10,27:23, Title[1]-5:18 14:1, 19:12, 2:5,3:8,32:16
site[2]-7:16, 28:8,34:4 together[2]- 21:23,22:4, WINNINGER(2]-
31:15 statement[6]- 29:21,30:9 22:22,24:13, 3:9,32:17
sits[i]-13:24 9:5, 12:4, 12:8, Tom[1]-2:2 30:10 wished[i]-6:21
situations[11- 12:13, 15:1 tonight[1]-17:5 update[1]-24:7 wishes[1]-6:15
9:12 statements[1]- traffic[lo]-4:24, upfront[1]- WITNESS[1]-
six(6]-7:24,8:2, 9:8 20:21,21:17, 24:16 4:18
9:8,23:18, statute[1]-28:9 21:21,21:24, uses[3]-7:20,
25:14,25:19 statutes p]- 22:6,22:9, 19:24,28:11 y
slow[1]-25:8 27:23 22:24,23:2, utilities[1]-
soil[1]-7:19 stems[1]-19:11 23:3 20:10 year(1]-24:5
somewhere[1]- step[1]-17:2 transcript[2]- yearand-a-half
14:4 steps[2]-25:19, 34:9,34:20 V [1l-24:5
southeast(1]- 26:20 tried 111-25:3 years[2]-25:9,
7:17 still(3]-14:13, trouble[1]-21:23 values[3]-18:18, 25:15
southern[1]- 16:20,23:3 truck[3]-21:24, 18:22, 18:23 yellow[1]-30:22
21:12 stored[1]-19:6
22:6 22:9 variations[1]- YORKVILLE[2]-
speaking[1]- straight p]-27:8 trucks p1]-22:1 31:13 1:4,1:5
14:13 Strategically[1]- true[1]-34:9 vested[1]-29:3 Yorkville(3]vicinity[2]- 1:13,4:23,5:18-
Special[�]- 26:13 try[1]-10:14 v18:16,22:5 Yorkville's[�]-
28:10 Street[1]-21:24 trying[1]-26:6 violate[2]-28:21 ork
special[21]- street[1]-30:19 turned[1]-5:7 violation[�]- :21 Young 2:13
7:21,8:2,8:17, streets[i1-20:21 Two[1]-27:22 g[ ]-
9:2,9:5, 13:12, strict[1]-15:7 two[3]-4:20, vote[7l-5:6,8:5, YOUNG[14]-3:4,
14:21, 16:11, study[2]-4:24 21:3,26:2 11:21, 11:22, 3:6,3:8,3:10,
18:14, 19:16, stuff[1]-10:11 type[1]-27:21 17:6,26:9 3:12,3:14,3:16,
19:22,23:7, subdivisions[1]- typically icall p]-
voting p]-26:17 32:14,32:16,
27:19,27:24, 25:14 31:11 32:18,32:20,
28:5,28:6, submit[i] 4:19 W 32:22,32:24,
-
28:15,29:17, substantially[11- water[12]-10:23, 33:2
31:10,31:21 18:18
Depo•Court Reporting Service (630) 983-0030