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Plan Commission Packet 2012 02-08-12 ��'��`� C►T United City of Yorkville a 800 Game Farm Road EST 4_' sac Yorkville, Illinois 60560 -4 Telephone: 630-553-4350 p Fax: 630-553-7575 PLAN COMMISSION AGENDA Wednesday, February 8, 2012 Yorkville City Hall Conference Room 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: November 9, 2011 Citizen's Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings Old Business New Business 1. Kendall County Regional Planning Commission Annual Meeting — Summary 2. Eldamain Road Extension— Traffic Noise Analysis & Anticipated Project Impact to Future Residential Land Uses 3. "The Year in Review" — Discussion of previous year's petitions, proposed text amendments to the zoning ordinance and suggestions for planning staff. 4. Plan Commission submittal deadline schedule for 2012 Adjournment DRAFT UNITED CITY OF YORKVILLE PLAN COMMISSION Library Historic Room Wednesday,November 9, 2011 7:00pm Commission Members in Attendance: Chairman Tom Lindblom Jane Winninger Jeff Baker Art Prochaska James Weaver Michael Crouch Sandra Adams Jack Jones (arr.7:1Opm) Absent: Charles Kraupner Other City Staff Krysti Barksdale-Noble, Economic Development Director Mark Hardin, Code Official Brad Sanderson, EEI Engineer for City Other Guests Dan Kramer, Attorney Jake Daab, Pulte Homes Chuck Byrum, Pulte Homes Gary Doverspike Paul Doverspike Leon Pierce, Autumn Creek Bonnie Madison Samuel Parodi, Autumn Creek Dave & Lisa Schillinger Peter& Lori St. Denis Rose Spears, Alderman Christine Vitosh, Depo Court Reporting Meeting Called to Order Chairman Tom Lindblom called the meeting to order at 7:00pm. Roll Call Roll call was taken and a quorum was established. Chairman Lindblom also introduced Mark Hardin and Engineer Brad Sanderson. Previous Meeting Minutes - October 12, 2011 The minutes were approved as read on a motion by Crouch and second by Prochaska. Unanimous voice vote approval. Citizen's Comments None Public Hearings The first Public Hearing was opened at 7:03 on a motion by Crouch and second by Winninger. Unanimous voice vote approval. 1 Chairman Lindblom swore in those who would give testimony during the Hearings. 1. PC 2011-06 Verne Henne and Steven and Dawn Friel, petitioners, have filed an application with the United City of Yorkville requesting rezoning of 3 parcels on Worsley St(lots 4, 5 and 6) from R-1 One Family Residence District to R-2 One Family Residence District. The real property consists of a total of approximately 0.73 acres and is located south of E. Main St. and east of Worsley Rd in Yorkville. (See Court Reporter's Transcript) 2. PC 2011-08 Pulte Home Corp. petitioners, has filed an application with the United City of Yorkville, requesting an amendment to the Final Plat of Subdivision for Unit 1 of the Autumn Creek Subdivision and an amendment to that portion of the Autumn Creek Planned Unit Development Agreement related to the Final Plat of Subdivision for Unit 1 dated April 12, 2005 and amended July 13, 2010 for the purpose of re-platting certain lots planned for townhome units for proposed single-family detached units. The portion of the real property affected by the requested amendment consists of approximately 13.07 acres and is generally located in the Autumn Creek Subdivision immediately north of Route 34 and south of Kennedy Road in Yorkville. (See Court Reporter's Transcript) The Commission listened to both Hearings prior to discussion. The Hearings concluded at approximately 7:42pm on a motion by Jones and second by Crouch. Voice vote approval. Old Business None New Business 1. PC 2011-06 Verne Henne and Steven and Dawn Friel, petitioners, have filed an application with the United City of Yorkville requesting rezoning of three parcels on Worsley Street(Lots 4, 5 and 6) from R-1 One Family Residence District to R-2 One Family Residence District. The property consists of a total of approximately 0.73 acres and is located south of E. Main St and east of Worsley Rd. in Yorkville. Mr. Prochaska noted that the agenda states .73 acres and on the Public Hearing it states .93 acres and this needs correction. Attorney Kramer noted that the legal description is correct. Commissioner Jones said the water problem needs to be examined if a positive recommendation is given. Site plans and engineering plans will be done to evaluate the problem according to Mr. Sanderson. Action Item i. Rezoning Motion: Mr. Crouch moved and Ms. Adams seconded the motion to approve the rezoning as requested. Chairman Lindblom reviewed the Finding of Fact with the Commission members with brief discussion following each point. 2 Commissioner Crouch moved to amend the motion to recommend approval of the rezoning subject to comments from the city engineering consultant. Ms. Adams seconded the motion for this amendment. Voice vote approval for the amendment. Roll call vote on amended motion: Jones-yes, Baker-yes, Prochaska-yes, Weaver-yes, Crouch-yes, Adams-yes, Winninger-yes, Lindblom-yes. Passed 8-0. 2. PC 2011-07 Verne Henne and Steven and Dawn Friel, petitioners have filed an application with the United City of Yorkville requesting preliminary plan and final plat approval of the resubdivision of three parcels on Worsley Street (Lots 4, 5 and 6) into 2 parcels. The property consists of approximately 0.73 acres and is located south of E. Main St and east of Worsley Road in Yorkville. Action Items i. Preliminary Plan ii. Final Plat Motion: Mike Crouch moved and James Weaver seconded the motion to recommend approval. Discussion: Commissioner Crouch said some very valuable input was provided by meeting attendees and Engineering will have to address the runoff problem and the steep grade. Commenting on the narrow road in front of this parcel, Commissioner Prochaska encouraged discussion between Mr. St. Denis and Mr. Henne to avoid any future problems. Attorney Kramer will ask Mr. Henne to contact Mr. St. Denis about access to the property and he agreed with the overall recommendation subject to staff comments. Roll call vote: Baker-yes, Prochaska-yes, Weaver-yes, Crouch-yes, Adams-yes, Winninger-yes, Jones-yes, Lindblom-yes. Motion passed 8-0. 3. PC 2011-08 Pulte Home Corp,petitioner, has filed an application with the United City of Yorkville requesting an amendment to the Final Plat of Subdivision for Unit 1 of the Autumn Creek Subdivision and an amendment to that portion of the Autumn Creek Planned Unit Development Agreement related to the Final Plat of Subdivision for Unit 1 dated April 12, 2005 and amended July 13, 2010 for the purpose of re-platting certain lots planned for townhome units for proposed single-family detached units. The portion of the real property affected by the requested amendment consists of approximately 13.07 acres and is generally located in the Autumn Creek Subdivision immediately north of Rte. 34 and south of Kennedy Road in Yorkville. Action Items iii. Preliminary Plan iv. Final Plat 3 Motion: Commissioners Crouch and Prochaska,respectively, moved and seconded to approve these items subject to staff comments. Discussion: Chairman Lindblom said it seemed apparent that some issues had been neglected and should be resolved. The engineer and Ms. Barksdale-Noble met with Pulte in regards to a punchlist of items to be completed and this will be on next month's Public Works committee agenda for letters of reduction. Citizen Bonnie Madison commented on the need for upkeep of the property, lack of sidewalk and other issues. Some of the commissioners encouraged Pulte to install a sidewalk and to address some of the other concerns. Ms. Winninger asked how many more townhomes would be built if the requested changes were approved. There would be approximately 15 additional. Roll call vote: Prochaska-yes, Weaver-yes, Crouch-yes,Adams-yes, Winninger-yes, Jones-yes, Baker-yes, Lindblom-yes. Passed 8-0. Additional Business It was noted by Ms. Barksdale-Noble that at last month's meeting, the Plan Commission had given a positive recommendation to a Public Hearing concerning rezoning for 312 Walter St. She said the Zoning Board of Appeals voted against this item following a Public Hearing. This matter will proceed to City Council on November 22 and will require a super majority vote to override if they choose to approve the request. Adiournment There was no further business and the meeting was adjourned on a motion by Jones and second by Prochaska. Meeting adjourned at 8:05pm. Respectfully submitted by Marlys Young, Minute Taker 4 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLAN COMMISSION MEETING PUBLIC HEARING 902 Game Farm Road Yorkville, Illinois Wednesday, November 9, 2011 7 : 00 p .m. D-954511 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 2 1 PRESENT : 2 Mr . Tom Lindblom, Chairman, 3 Mr . Jeff Baker, 4 Mr . Michael Crouch, 5 Mr . Jack Jones, 6 Mr . Charles Kraupner, 7 Mr . Art Prochaska, 8 Mr . James Weaver, 9 Ms . Jane Winninger . 10 11 ALSO PRESENT : 12 Ms . Krysti Noble, Community Development 13 Director; 14 Ms . Marlys Young, Minute Taker . 15 - - - - - 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 3 1 CHAIRMAN LINDBLOM: I would entertain a 2 motion to enter into the public hearing. Take 3 both of them at the same time. 4 MR. CROUCH: Move to adjourn to public 5 hearing. 07 : 01PM 6 CHAIRMAN LINDBLOM: Is there a second? 7 MR. WEAVER: Second. 8 MS. ADAMS: Second. 9 CHAIRMAN LINDBLOM: Moved and seconded. 10 Those in favor signify by saying aye. 07:01PM 11 (A chorus of ayes. ) 12 CHAIRMAN LINDBLOM: Opposed? 13 (No response. ) 14 CHAIRMAN LINDBLOM: Motion passes. At 15 this time could I have anybody that wishes to 07:01PM 16 present to the Commission to stand and raise your 17 right hand? 18 (Witnesses sworn. ) 19 CHAIRMAN LINDBLOM: For the record then 20 let me read public hearing PC 2011-06, Verne Henne 07 : 02PM 21 and Steven and Dawn Friel, petitioners, have filed 22 an application with the United City of Yorkville, 23 Kendall County, Illinois, requesting rezoning of 24 three parcels on Worsley Street, DepoCourt Reporting Service, Inc . (630) 983-0030 Page 4 1 Lots 4, 5 and 6, from Rl One-Family Residence 2 District to R-2 One-Family Residence District. 3 The real property consists of a 4 total of approximately 0.73 acres and is located 5 south of East Main Street and east of Worsley Road 07 : 03PM 6 in Yorkville, Illinois. 7 And who is presenting for the 8 petitioner? 9 MR. KRAMER: I am. For the record, my 10 name is Daniel J. Kramer. My address is 1107A 07:03PM 11 South Bridge Street, Yorkville, Illinois. I am an 12 attorney licensed to practice law in the state of 13 Illinois, and I represent the co-petitioners, the 14 record title holders, Dawn and Steve Friel and 15 Verne Henne, who is purchasing the property from 07:03PM 16 them and will end up building houses on it. 17 As Mr. Lindholm, the chairman 18 said is the -- or Lindblom, sorry, said in the 19 public notice, the property is currently divided 20 into three smaller lots. The aerial has been 07 : 03PM 21 provided by the City here showing the property. 22 It's slightly south of Main Street and is bounded 23 on the west by Worsley and on the east by Gawne 24 Lane. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 5 1 What the owners and Mr. Henne 2 propose to do is to create two larger lots instead 3 of the three smaller lots, and they would orient 4 two houses, one facing east off of Gawne and one 5 facing west off of Worsley. 07 : 04PM 6 We are showing the setbacks in 7 front, and we would provide utility easements for 8 natural gas, for electric. 9 There is a main sanitary sewer 10 easement that goes through what's called Lot 2 now 07: 04PM 11 on the north/south basis that the Friels granted 12 to the City some years ago. 13 We would propose to develop the two 14 lots with all city services; they would have 15 water, they would have sanitary sewer, they would 07:04PM 16 not be septic, and would conform in terms of the 17 City ordinance for R2 . 18 The lots are both about 19 12, 000 square feet, they would meet all of the 20 setback requirements, and they would have to 07:04PM 21 comply with the City current landscape code and so 22 on. 23 The property is already annexed into 24 the City, it is part of the City now, and, DepoCourt Reporting Service, Inc . (630) 983-0030 Page 6 1 frankly, has sat undeveloped for quite a number of 2 years. 3 So we're asking for two things; 4 we're asking for a positive recommendation to the 5 City Council to rezone from Rl single family, the 07:05PM 6 three small lots, which would all be 7 non-conforming in terms of setbacks for Rl, to go 8 to R2, combine the three into two lots, and we do 9 have a combined preliminary and final plat with it 10 being a small subdivision with only two lots. 07:05PM 11 There is some Staff comments from 12 the City Engineer and City Staff with some more 13 labeling that needs to go onto some block changes 14 as far as signature, and we have no problem with 15 any of those recommendations. 07:05PM 16 So subject to those recommendations, 17 we would also ask for a positive recommendation to 18 the City Council for approval of the preliminary 19 and final plat. 20 And we're happy to answer any 07 : 05PM 21 questions and certainly will take comments from 22 the audience when the Chair deems appropriate. 23 CHAIRMAN LINDBLOM: Okay. Is there 24 anybody in the audience that has any comments DepoCourt Reporting Service, Inc . (630) 983-0030 Page 7 1 relative to this? 2 MR. DOVERSPIKE: Yes, I do. 3 CHAIRMAN LINDBLOM: Yes, sir. 4 MR. DOVERSPIKE: My name is Paul 5 Doverspike. I'm at 302 Sanders Court, Yorkville. 07 : 06PM 6 Two questions . First one is -- this 7 is my first time to a public meeting in this 8 nature, so the first question, I don't know if I 9 address it to the council here or to this 10 gentleman here, but I received a notification that 07:06PM 11 this was going to go on, certified mail, and so my 12 first question is, why. Why did you invite me? I 13 don't even know you. I like you. So far. 14 MR. KRAMER: That's a great start. 15 CHAIRMAN LINDBLOM: Dan, do you want 07:06PM 16 to -- 17 MR. KRAMER: I don't know if you want to 18 ask both questions and then -- 1 9 MR. DOVERSPIKE: Well, I want to ask 20 that one first, then I'll go to the second one. 07 : 06PM 21 MR. KRAMER: Okay. Basically, under 22 Illinois law, we're supposed to do a newspaper 23 publication, which we did; we're supposed to post 24 a sign, that' s local ordinance, not state law; and DepoCourt Reporting Service, Inc . (630) 983-0030 Page 8 1 then we're supposed to give notice to owners 2 within 250 feet of the property. 3 MS. NOBLE: 500 . 500. 4 MR. KRAMER: Well, that's the city 5 ordinance; the state law is 250. So we go out a 07 : 07PM 6 bit further than that, so just to notify people of 7 a potential change. 8 And again, this is already zoned 9 residential, but if the owners or the builder 10 wanted to build a house, they would literally have 07:07PM 11 to come in and ask the City to vary every setback 12 because Rl has much bigger setbacks, and these 13 lots were platted eons ago, very small lots, so it 14 just doesn't make any sense. 15 So rather than try and put ten 07:07PM 16 pounds of potatoes in a five-pound sack, we've 17 combined the lots and made bigger lots and less 18 lots. 19 MR. DOVERSPIKE: Thank you. 20 MR. KRAMER: You bet. 07 : 07PM 21 MR. DOVERSPIKE: Second question. 22 MR. KRAMER: Yes, sir. 23 MR. DOVERSPIKE: Maybe you can help me 24 with this, too. What' s the difference between Rl DepoCourt Reporting Service, Inc . (630) 983-0030 Page 9 1 and R2? 2 MR. KRAMER: Okay. On the City R1, it's 3 a large lot type subdivision. I believe the 4 current ordinance is over 18, 000, Krysti? 5 MS. NOBLE: 15. 07 : 08PM 6 MR. KRAMER: Little bit smaller than I 7 thought. And, as I say, if they went in and they 8 asked for a building permit with the current Rl on 9 any of the three lots, they're all non-conforming 10 and they don't meet the ordinance; whereas when we 07:08PM 11 take away a lot and make them bigger, then we meet 12 all of the setbacks, and you can't have a 13 variance, or shouldn't have, unless you can prove 14 a hardship. We can't show that, so we would 15 rather do it the correct way and get one less 07:08PM 16 house and have bigger lots. 17 MR. DOVERSPIKE: Last question -- 1 8 MR. KRAMER: Sure. 19 MR. DOVERSPIKE: -- and I know I said 20 two. 07 : 08PM 21 MR. KRAMER: No, that's fine. 22 MR. DOVERSPIKE: So is the intent to 23 build single family homes on these lots? 24 MR. KRAMER: Absolutely. It's sometimes DepoCourt Reporting Service, Inc . (630) 983-0030 Page 10 1 confusing to the public when you see those 2 numbers, R2, R3, R4 -- 3 MR. DOVERSPIKE: Exactly. 4 MR. KRAMER: -- you instantly think they 5 want to build a duplex or a triplex or a quad. 07 : 08PM 6 MR. DOVERSPIKE: Exactly. 7 MR. KRAMER: The R2 plat only permits 8 single family, no duplexes. 9 MR. DOVERSPIKE: Thank you very much. 10 MR. KRAMER: Thank you very much, sir. 07:09PM 11 CHAIRMAN LINDBLOM: Are there any other 12 questions or comments? 13 (Enter Mr. Jones. ) 14 CHAIRMAN LINDBLOM: Gentleman right 15 here? 07:09PM 16 MR. SCHILLINGER: Yes. Dave 17 Schillinger. I live at 412 East Main. Could we 18 put that overhead back up, the aerial? 19 MR. KRAMER: Sure. Be happy to. 20 MR. SCHILLINGER: Like I say, I live at 07 : 09PM 21 412 on the river, directly below 201. When 201 22 was built 15 or 20 years -- 201 was built 15 or 23 20 years ago, there were no curbs and gutters put 24 in. Consequently, every bit of run-off off of DepoCourt Reporting Service, Inc . (630) 983-0030 Page 11 1 that property comes down Worsley Street and washes 2 through my yard. 3 I want to make sure that in this 4 development we're going to have curbs and gutters 5 and the run-off is taken care of so that we don't 07 : 09PM 6 flood the bottom lots. 7 MR. KRAMER: I can't -- excuse me. I 8 can't answer that you're going to have curbs and 9 gutters, Dave, because again, usually if you have 10 curbs and gutters, you have to have a captive 07:09PM 11 storm system and you don't have one in that entire 12 neighborhood, but what they can do, because 13 they're not going to make any changes to the 14 street, this is really wooded there -- and I 'm 15 preaching to the choir, you've lived there, and 07:10PM 16 it's way, way overgrown. 17 When you take some of that out, 18 there is a pretty severe amount of topo from the 19 front to the back. And, again, Verne, who has 20 built in town the last 30 years, he knows that, he 07:10PM 21 is working with his engineer. 22 They are going to have to add some 23 on site detention in here, they'll try and do 24 infiltration; in other words, they'll keep it on DepoCourt Reporting Service, Inc . (630) 983-0030 Page 12 1 the site so that they don't kick it down to the 2 original storm system. 3 MR. SCHILLINGER: Years ago the City 4 tried to rectify this, they put a storm drain on 5 the corner of your proposed project. 07:10PM 6 MR. KRAMER: Up in this area? 7 MR. SCHILLINGER: They ran a pipe across 8 Worsley, across the bottom of my driveway, and it 9 dumps into the lot between me, between my property 10 and 102, and just runs into my yard. 07: 11PM 11 MR. KRAMER: Yeah, I'm not sure that was 12 a better solution. 13 MR. SCHILLINGER: So my property is 14 basically gravel there now on that side of the 15 house, and I want to make sure that that drainage 07:11PM 16 doesn't also get dropped into there and run across 17 my lot because I have a bedroom in that corner of 18 the house and I 've already had to replace the 19 floor joist once because it rotted them out. 20 MR. KRAMER: Yeah, no. We're not 07 : 11PM 21 talking about connecting to that at all. We'll do 22 strictly infiltration on site. 23 MR. SCHILLINGER: So are you talking 24 about taking some sort of storm sewer to the DepoCourt Reporting Service, Inc . (630) 983-0030 Page 13 1 river? 2 MR. KRAMER: No, no. Actually more 3 like -- almost like a U-shape down from here so we 4 build up -- not a big berm, just a slight berm 5 there, so we hold our own where it is now, and 07 : 11PM 6 then have infiltration right near -- almost like a 7 gentle U-shape. 8 We're not going to touch the street 9 at all, so what you're getting from 201, which is 10 the triplex up on the hill, we're not going to 07: 11PM 11 make that better or worse for you. We're not 12 adding to that. But we do have to take care of 13 our own. 14 MR. SCHILLINGER: The point that I bring 15 that up is before 201, there was a field there and 07:11PM 16 I had no problem, because it was all absorbed into 17 the soil. 18 Now we're going to put two rooftops, 19 two driveways and landscaping on this piece, it' s 20 going to cause run-off for myself and the St. 07 : 12PM 21 Dennises and. . . 22 MR. KRAMER: Only, again, if they dump 23 into your own site, but that we know we have to 24 do. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 14 1 MR. SCHILLINGER: Another question is 2 there is an old well on that property. Is that 3 going to be properly capped? 4 MR. KRAMER: If there's one there, it's 5 news to both the Friels and Verne -- 07 : 12PM 6 MR. SCHILLINGER: It' s there. 7 MR. KRAMER: -- and we'll talk to them 8 about it, but I -- Was that part of the old 9 Worsley farm? 10 UNIDENTIFIED AUDIENCE MEMBER: Worsley. 07: 12PM 11 MR. KRAMER: Okay. So it's even older. 12 Okay. I don't think any of them know that that's 13 there. We'll look into that, because that should 14 have been capped decades ago. 15 MR. SCHILLINGER: Yes. My other 07:12PM 16 question would be the address, because it' s kind 17 of confusing. I live at 412 East Main, but I live 18 on Worsley Street, and 102 and 105 are Worsley, 19 which is actually going to turn into Gawne now is 20 my understanding. 07 : 13PM 21 MR. KRAMER: I can't tell you that. 22 MR. SCHILLINGER: Right now Gawne does 23 not go through. 24 MR. KRAMER: Right. I understand that. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 15 1 MR. SCHILLINGER: Is that going to go 2 through? 3 MR. KRAMER: Not that I know of. I 4 mean, we're not doing anything -- 5 MR. SCHILLINGER: It' s gone that way. 07:13PM 6 MR. KRAMER: We're not doing anything 7 with it. But the address, that's way above my pay 8 grade. That' s -- 9 MS. NOBLE: City engineer. 10 MR. KRAMER: We're told what the address 07:13PM 11 will be when we apply for a building permit. 12 MR. SCHILLINGER: When we call for 13 delivery, we have to give directions because 14 nobody can find it. 15 MR. KRAMER: No, in all seriousness, 07:13PM 16 when we apply for the building permit, they City 17 will tell us what the address is. 18 MR. SCHILLINGER: I'll address the City 19 on that? 20 MS. NOBLE: The City engineer will come 07 : 13PM 21 up with an address and then forward that address 22 to the postmaster. 23 MR. SCHILLINGER: Okay. So we have no 24 idea if that' s going to be a Worsley or Gawne or DepoCourt Reporting Service, Inc . (630) 983-0030 Page 16 1 Main Street street? 2 MS. NOBLE: We have to look at our 3 over -- Forgive us. We have a consultant now as 4 our City Engineer, and we have to look at our 5 overall addressing map, and we don't have a 07:13PM 6 decision at this point -- 7 MR. SCHILLINGER: Okay. 8 MS. NOBLE: -- and we will, in every 9 way, be observing they are oriented -- as 10 Mr. Kramer was saying, that one was oriented off 07: 14PM 11 of Gawne, one was oriented of Worsley. Most 12 likely, they will have a Gawne and Worsley 13 address. 14 CHAIRMAN LINDBLOM: I would suggest that 15 the City Engineer then also look at those places 07:14PM 16 on the river that have Main Street addresses 17 because I can see how that would be very, very 18 confusing. 19 MR. SCHILLINGER: It is. I am concerned 20 about emergency vehicles. 07:14PM 21 CHAIRMAN LINDBLOM: That' s what I 'm 22 concerned about. 23 MR. SCHILLINGER: I'm sure you are. 24 MS. NOBLE: But we coordinate all those DepoCourt Reporting Service, Inc . (630) 983-0030 Page 17 1 addresses with the postmaster and with the 2 emergency responders. 3 MR. SCHILLINGER: Okay. Next question, 4 the alley at the south end there, is that going to 5 be vacated, or what's the plan for that? 07:14PM 6 MR. KRAMER: That, again, I don't think 7 you'll ever find the City building it because of 8 budgets and a lot of reasons . We have not asked 9 them to vacate that to us. They certainly could 10 if they wanted to vacate it, and the statute in 07: 14PM 11 Illinois is if it's vacated at the City request, 12 one-half goes to each property owner. In other 13 words, one-half would go to the Friels and to 14 Mr. Henne, and one-half to the adjoining owners to 15 the south. 07:15PM 16 MR. SCHILLINGER: I'm sorry. The north. 17 I 'm sorry. 18 MR. KRAMER: This one? 19 MR. SCHILLINGER: Yeah. 20 MR. KRAMER: Same difference. We have 07 : 15PM 21 not asked them to vacate it. If they said, Gee, 22 we're never going to use it, we can't imagine ever 23 using it, it would go one-half to each side. 24 MR. SCHILLINGER: Do you foresee Verne DepoCourt Reporting Service, Inc . (630) 983-0030 Page 18 1 asking for that? 2 MR. KRAMER: We don't need it, frankly. 3 MR. SCHILLINGER: Because the owners at 4 201 asked me years ago if I would agree to vacate 5 the one between her and I, and I said, Yeah, if 07:15PM 6 you give me my half. She said well, I'm paying 7 for it, I want it all. I said, Forget it. I 8 don't want to get into a battle like that again. 9 MR. KRAMER: Well, there is another 10 provision of the statute -- I mean, again, if the 07:15PM 11 City would say, you know, we can't see ever using 12 it, we just want to get rid of it. 13 Now, the City -- and I keep pointing 14 to them. It' s actually a City Council decision, 15 not a Plan Commission. If they said we think this 07:16PM 16 property has some monetary value, they could 17 actually publish, they've got to get an appraisal 18 and they've got to get at least 80 percent of the 19 appraisal price if they want to sell it, and 20 literally they could try selling it to you or us 07: 16PM 21 or somebody, but if they're, again, truly going to 22 vacate it with no compensation, they don't deem it 23 valuable, they've got to do that half and half, 24 and so, no, we wouldn't get into that fight with DepoCourt Reporting Service, Inc . (630) 983-0030 Page 19 1 you. You know where to find Verne. 2 MR. SCHILLINGER: My last thing you 3 mentioned was signs . Was a sign posted on the 4 property? 5 MR. KRAMER: Yes. 07:16PM 6 MR. SCHILLINGER: I never saw it. 7 MR. KRAMER: Well, we posted one, I did 8 it myself frankly, so now again, with some of 9 these winds we've had the last couple weeks, it 10 may be out there in the grass someplace, but it 07:16PM 11 was a nice big one. 12 MR. SCHILLINGER: I got notified, but 13 when you mentioned there was supposed to be a 14 sign, I never saw it. 15 MR. KRAMER: It' s been there about three 07:16PM 16 weeks. 17 CHAIRMAN LINDBLOM: It' s still there, I 18 go by there. 19 MR. KRAMER: I thought I put it in. 20 MR. SCHILLINGER: Thank you. 07: 16PM 21 MR. KRAMER: You bet. Thanks, Dave. 22 MR. ST. DENNIS: I have a few questions. 23 CHAIRMAN LINDBLOM: Can we get your name 24 and address? DepoCourt Reporting Service, Inc . (630) 983-0030 Page 20 1 MR. ST. DENNIS: The first one I 'd like 2 to address is going to be just -- 3 MS. NOBLE: Excuse me. Can you state 4 your name and address, please? 5 CHAIRMAN LINDBLOM: Can we get your name 07:17PM 6 and address? 7 MR. ST. DENNIS: Oh, I 'm sorry. Peter 8 St. Dennis, 105 Worsley, Yorkville. 9 Something that Dave raised, every 10 time it rains, since they repaved the street, the 07: 17PM 11 water comes down the street and half of one of 12 those lots and ends up in my garage. 13 The former City Engineer -- not the 14 gentleman here today -- designed this and said 15 this wouldn't be a problem. If the -- If it's a 07:17PM 16 problem now, if they build houses there, like Dave 17 said, it's just going to get worse. 18 MR. KRAMER: Not necessarily. Again, it 19 all depends on where we direct our water. We're 20 certainly not going to direct it out to Worsley 07:17PM 21 Street. 22 MR. ST. DENNIS: Well, right now it' s 23 going down into my garage. 24 MR. KRAMER: Well, I understand you're DepoCourt Reporting Service, Inc . (630) 983-0030 Page 21 1 saying from the street itself. 2 MR. ST. DENNIS: Yes, right, and from 3 the lot. 4 MR. KRAMER: I 'm sorry. 5 MR. ST. DENNIS: And from the lot on the 07: 17PM 6 east side. 7 MR. KRAMER: It' s coming from ours, 8 which probably is coming from up here because 9 that's high on the hill and it' s sheet draining 10 down? 07: 18PM 11 MR. ST. DENNIS: Not really. It's more 12 level up there. 13 MR. SCHILLINGER: No. 14 MR. KRAMER: Okay. Again, they'll have 15 to do some detention in here, but we have to prove 07:18PM 16 that out, that we don't add by volume or velocity 17 to it, so there is some things we've got to do to 18 that. 19 MR. ST. DENNIS: Another question is -- 2 0 MR. KRAMER: But I can't help you about 07 : 18PM 21 the street being blacktopped better and, you know, 22 it coming faster. That wasn't us. 23 MR. ST. DENNIS: Right. Another 24 question is what sort of -- what size homes are DepoCourt Reporting Service, Inc . (630) 983-0030 Page 22 1 they looking to put? 2 MR. KRAMER: Verne has built not a lot 3 of homes over the years, but probably 20, 30 in 4 town. If you go actually right out here on 5 Somonauk Street on the south side, he built three 07:18PM 6 or four of them in there. They were around 1800 7 to 2, 000-square foot. And usually he's built 8 ranches, not two-story boxes. 9 So I would suspect you're going to 10 see something in the neighborhood of an 1800 to 07: 18PM 11 2, 000-square foot ranch on each lot. And he won't 12 spec them. He will, again, get an ultimate buyer 13 before he starts the homes. 14 MR. ST. DENNIS: Oh, okay. Let's see. 15 What was that other question? Also I was 07:19PM 16 wondering about where -- is there any sort of plot 17 plan that they have, where the houses would be, 18 that sort of thing? 19 MR. KRAMER: Make sure I don't grab the 20 wrong drawing here. They have to be I believe 07 : 19PM 21 it's a 30-foot setback from the front, and 22 actually you're going to find that both of them 23 are going to get set back in quite far. 24 One reason is because you've got DepoCourt Reporting Service, Inc . (630) 983-0030 Page 23 1 that really big sewer easement north and south of 2 this lot, so it's got to be back in here, and the 3 same here, by the time we get the utility 4 easements on the property. 5 So you're probably going to be -- 07: 19PM 6 and this is quite unusual -- usually -- throughout 7 Countryside, those only have a 25 to 30-foot 8 setback. These houses will probably be in a good 9 40 feet because of these easements that are 10 north/south. 07:20PM 11 And then on the side, again, with 12 the footprint from about an 1800 square foot home, 13 you're going to probably have a good 20 to 25 foot 14 side yard on each of them, and the rear yard I 15 believe has to be a minimum of 20, so the front is 07:20PM 16 here, so again, the rear has got to be off there. 17 So it will be right literally in the middle of 18 good sized lots, so well over 12, 000 square feet. 19 MR. ST. DENNIS: (Inaudible. ) 20 MR. KRAMER: Yes, it will fit nicely. 07:20PM 21 MR. ST. DENNIS: I was concerned about 22 the garages and driveways -- 2 3 THE REPORTER: Sir, I can't hear you. 24 I 'm sorry. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 24 1 MR. ST. DENNIS: Oh, I'm sorry. 2 MR. KRAMER: There's a fan and so on. 3 MR. ST. DENNIS: I was concerned about 4 the garages and driveways and orientation of that. 5 If they put them on what's marked as an alley on 07 :20PM 6 the plan, then they have to be in the bottom of 7 the hill, which is actually opposite mine, not a 8 big deal, but anyway, if they put it on the side 9 streets, Gawne and Worsley, at the top of the 10 hill, then the people will actually have an easier 07:21PM 11 time getting in and out of the -- 12 MR. KRAMER: And I suspect that' s the 13 way they will be oriented. 14 MR. ST. DENNIS: Because it's a little 15 rough in there. 07:21PM 16 MR. KRAMER: And, like I say, there is 17 a -- the topo, it drops off. 18 MR. ST. DENNIS: Yes. 19 MR. KRAMER: We're very aware of that. 20 MR. ST. DENNIS: Okay. I think that's 07 :21PM 21 about it. Oh, here's another thing that I wanted 22 to ask about, and I don't know if this is the 23 place or not. 24 My garage is right at Worsley DepoCourt Reporting Service, Inc . (630) 983-0030 Page 25 1 Street. There' s no setback or anything like that. 2 It was built that way decades and decades ago. 3 MR. KRAMER: Before ' 73, Yorkville 4 didn't have a zoning ordinance -- 5 MR. ST. DENNIS: Okay. 07 :22PM 6 MR. KRAMER: -- or a building code, and 7 actually you weren't Yorkville. Then it was the 8 Village of Bristol. 9 MR. ST. DENNIS: Right. Right. What 10 I 'm concerned about is I have antique cars in my 07:22PM 11 garage and I need to have access basically into 12 that lot to pull up a car and perhaps a trailer, 13 and I 'm thinking in the event of a fire engine or 14 an ambulance, you may need a turn-around there, 15 too. 07:22PM 16 I'm wondering if they would be 17 building in that area. 18 MR. KRAMER: Are you talking like 19 perhaps right down in here? 20 MR. ST. DENNIS: Let me show you. 07 :22PM 21 MR. SCHILLINGER: It' s actually gone. 22 MR. KRAMER: You are over on this side 23 on Gawne? 24 MR. ST. DENNIS: Yes. It would be right DepoCourt Reporting Service, Inc . (630) 983-0030 Page 26 1 around here (indicating) . 2 CHAIRMAN LINDBLOM: Dan, what was the 3 question again? 4 MR. KRAMER: Is the question you're 5 saying are we going to do something there that 07 :23PM 6 would prevent you from driving into this property? 7 MR. ST. DENNIS: Basically, yes. If the 8 street is only ten feet wide, obviously a vehicle 9 is longer than that, especially the ones I drive, 10 and if you're pulling a trailer, you need to pull 07:23PM 11 it up and then back it into the garage. 12 MR. KRAMER: I think that's something I 13 can't give you an answer and say, boy, they have 14 no problem, you know, with you driving on the lot, 15 because, again, with the topo, that's the area 07:23PM 16 we're looking that we've got to build at least 17 some slight berm to keep the water from going 18 down, but I 'll give you a card before I leave 19 tonight and I 'll have you talk to Mr. Henne, the 20 actual builder, because he does excavation, and, 07 :23PM 21 you know, maybe there is an accommodation, we can 22 work some kind of notch out for you there or 23 something. 24 MR. ST. DENNIS : Well, the reason is, I DepoCourt Reporting Service, Inc . (630) 983-0030 Page 27 1 mean, I've been doing that for 20 years, I 'd like 2 to continue doing the same thing. It's not often, 3 it's just if there is a structure in the way or 4 even a fence, I can't do that. 5 MR. KRAMER: Well, I know there won't be 07 :24PM 6 a house in the way, we'll be way back over there. 7 My only concern is what we have to do on the 8 detention. 9 And like I said, I 'm sure there is a 10 way that we can accommodate you, but let's sit 07:24PM 11 down and look at the actual plan, and Mr. Henne 12 would be the one doing the excavating himself on 13 it and so on, so I can have you speak with him. 14 I 'll get your name and address before I leave 15 tonight, if that's okay with the Chairman. 07:24PM 16 CHAIRMAN LINDBLOM: That' s fine. 17 MR. KRAMER: Okay. Thank you. 18 MR. ST. DENNIS: Okay. Thanks. 19 MR. KRAMER: You bet. 20 CHAIRMAN LINDBLOM: Was there any other 07:24PM 21 question? 22 MS. SCHILLINGER: Just one. Lisa 23 Schillinger. I 'm at 412 East Main. We were 24 talking about the detention down there at the DepoCourt Reporting Service, Inc . (630) 983-0030 Page 28 1 corner where Worsley curves around. 2 There is a fire hydrant there. 3 What's going to happen with the fire hydrant? 4 MR. KRAMER: Well, I mean, we can't 5 disturb that. 07 :24PM 6 MS. SCHILLINGER: So that would stay? 7 MR. KRAMER: Yeah, you would notch out 8 around it. 9 MS. SCHILLINGER: Okay. 10 MR. KRAMER: And we're not talking -- 07:24PM 11 you know, like we drive by some subdivisions where 12 there are 12-foot berms. 13 MS. SCHILLINGER: I just want to make 14 sure the fire hydrant is not going to be 15 disturbed. 07:24PM 16 MR. KRAMER: No. 17 MS. SCHILLINGER: And then my second 18 question is we did have to have emergency crews 19 down there one night and the ambulance couldn't 20 get out, it had to totally back up, so I 'm worried 08 :26PM 21 about, like he said, trying to get those emergency 22 vehicles in. 23 You'll never get a fire truck down 24 in there until it's turned around, so, you know, DepoCourt Reporting Service, Inc . (630) 983-0030 Page 29 1 that's something else the City may want to think 2 about, too, so if you build more houses there, you 3 might have more problems there. 4 So emergency trucks, I know a fire 5 truck can't get totally down there, and the 08 :27PM 6 ambulance did have trouble the night we were 7 there, so. . . 8 MR. KRAMER: Yeah. I mean, we're not 9 going to add to that problem in the sense that, 10 like I say, given the fact that these lots were 08:27PM 11 platted decades ago as -- 12 MS. SCHILLINGER: Right. 13 MR. KRAMER: -- you could theoretically 14 have three really, really small houses there. 15 MS. SCHILLINGER: Yeah. 08:27PM 16 MR. KRAMER: So actually you're lowering 17 what could be there, frankly. 18 MS. SCHILLINGER: Right. That's all I 19 have. 20 CHAIRMAN LINDBLOM: Just a comment. 08 :27PM 21 We're well aware of the problems down in that area 22 there. I just don't think the way Dan has 23 described where these buildings are going to be 24 that that's contributing to the problem. The DepoCourt Reporting Service, Inc . (630) 983-0030 Page 30 1 problem has been there for years and we're aware 2 of it. You're right, there is -- there's a 3 problem. 4 MR. SCHILLINGER: We just don't want to 5 see it get any worse. 08 :28PM 6 CHAIRMAN LINDBLOM: Right. I agree. 7 Okay. Are there any other comments or questions 8 on this petition? 9 (No response. ) 10 CHAIRMAN LINDBLOM: Okay. Thank you, 08:28PM 11 Dan. 12 MR. KRAMER: Thank you. 13 CHAIRMAN LINDBLOM: Okay. With that, 14 we'll move on then to the second public hearing, 15 PC 2001-08, Pulte Homes, Incorporated, petitioner, 08:28PM 16 has filed an application with the United City of 17 Yorkville, Kendall County, Illinois, requesting an 18 amendment to the final plat of subdivision for 19 Unit 1 of the Autumn Creek subdivision and an 20 amendment to that portion of the Autumn Creek 08 :28PM 21 Planned Unit Development Agreement related to the 22 final plat of subdivision for Unit 1 dated 23 April 12, 2005, and amended July 13th, 2010, for 24 the purpose of re-platting certain lots planned DepoCourt Reporting Service, Inc . (630) 983-0030 Page 31 1 for townhome units for proposed single family 2 detached units. 3 The portion of the real property 4 affected by the requested amendment consists of 5 approximately 13.07 acres and is generally located 08 :29PM 6 in the Autumn Creek subdivision immediately north 7 of Route 34 and south of Kennedy Road in 8 Yorkville, Illinois. 9 And who will be addressing on behalf 10 of the petitioner? 08:29PM 11 MR. DAAB: I will. Mr. Chairman and 12 members of the Commission, I 'm Jake Daab. I 'm the 13 Land Acquisition Manager for Pulte Homes, Chicago 14 Division. We're located at 1901 North Roselle 15 Road in Schaumburg, Illinois. 08:29PM 16 With me tonight as well is Ken Huhn 17 of HR Green, the engineer for the property, and 18 our attorney, Mr. Chuck Byrum. 19 We are here tonight seeking your 20 recommendation, positive recommendation, to amend 08:30PM 21 the Autumn Creek PUD and annexation agreement to 22 allow a portion of Autumn Creek Unit 1, which 23 consists of approximately 13 acres, to be 24 re-subdivided and developed for single family DepoCourt Reporting Service, Inc . (630) 983-0030 Page 32 1 homes rather than the townhomes as currently 2 platted. 3 The amended PUD would result in a 4 net decrease in the amount of units, changing what 5 is now 24 townhome lots, which could accommodate 08 : 30PM 6 110 total units, to 31 single family lots. 7 The overall density for the area 8 would decrease from approximately 8. 19 dwelling 9 units per acre to 2 .37 units per acre, or 10 approximately a 30 percent decrease. 08:30PM 11 As you stated, and what the 12 memorandum that was submitted from Staff, fairly 13 covers the main issues, but I'm happy to address 14 any additional comments or questions you might 15 have, or if I can't answer, please refer to 08:30PM 16 counsel or the engineer. 17 CHAIRMAN LINDBLOM: Okay. Questions or 18 comments from the audience? Young lady, would you 19 stand, state your name? 20 MS. MADISON: My name is Bonnie Madison. 08 : 31PM 21 I live at 1427 Crimson Lane. I live in the 22 townhomes. And I 've never done anything like this 23 before. 24 CHAIRMAN LINDBLOM: We're friendly. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 33 1 MS. MADISON: My question is I have no 2 problem with you building single family homes. 3 That's not my issue. 4 I'm not great with my directions. I 5 think it's the north -- let's see, the west, 08 : 31PM 6 southwest corner, northwest corner, of Crimson and 7 Orchid, or Crimson and Autumn Creek. 8 MR. PIERCE: You are talking about your 9 house? 10 MS. MADISON: Yes. 08:31PM 11 MR. PIERCE: All right. You are north 12 of Crimson and far west unit. 13 MS. MADISON: Okay. You did not develop 14 over there. You crossed the street and continued 15 over there. My backyard has been there three 08:31PM 16 years now and has been weeds. 17 I have to imagine if you're going to 18 continue to build single family homes, are you 19 going to put a single family home in the middle of 20 our homes, or are we going to continue -- My 08 : 32PM 21 understanding is -- the original -- The original 22 model, you have grass in front. I believe you're 23 going to -- 2 4 MR. DAAB: Right. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 34 1 MS. MADISON: I'm told you were going to 2 put another set of townhomes there and another set 3 of townhomes behind me to complete the townhomes. 4 I can't see you putting one single family home in 5 the middle of the townhomes. 08 : 32PM 6 I have no sidewalk. My children 7 walk to school. I would like something to be done 8 with that. I have to imagine you are going to 9 continue with the single family homes before you 10 go back and build any townhomes because -- 08:32PM 11 MR. DRAB: Right. 12 MS. MADISON: -- the price of your 13 single family homes is what the townhomes went 14 for. I realize that. 15 MR. DAAB: Sure. 08:32PM 16 MS. MADISON: But in the meantime, 17 people walk their dogs back there, there is 18 garbage back there. 19 I have a three-year old and a 20 five-year old. That's my backyard. Again, my 08 : 32PM 21 five-year old walks to kindergarten, he walks to 22 school now. There is that one little area, they 23 have not built a sidewalk there, to continue on 24 Crimson and continue on Autumn Creek. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 35 1 MR. DRAB: I don't have an answer for 2 you now, I have to check with Land Development, 3 but what I will do is give you my card, you call 4 me and I will get an answer for you. How is that? 5 MS. MADISON: Okay. 08 : 33PM 6 MR. DAAB: I understand what you are 7 saying. 8 MS. MADISON: What are the intentions 9 with that back there? Are you planning on 10 re-platting into a single family home as well? 08:33PM 11 MR. DRAB: Right now it's platted as 12 townhomes. 13 MS. MADISON: Which would make sense. 14 MR. DAAB: Right. 15 MS. MADISON: Okay. Could something be 08:33PM 16 worked out if you're not going to build those 17 townhomes before you continue with the single 18 family homes? 19 There is, I don't know, rebar, there 20 is a big piece of metal that sticks out at the end 08 : 33PM 21 of the sidewalk, and again, it' s a young 22 community, we've got a lot of kids that go to 23 school over there. 24 MR. DAAB: I understand the concern, and DepoCourt Reporting Service, Inc . (630) 983-0030 Page 36 1 it's something we don't want to continue, so call 2 me. I 'll talk with our construction people, Land 3 Development people. We'll see what we can do. 4 MS. MADISON: Okay. Thank you. 5 CHAIRMAN LINDBLOM: Okay. Anybody else 08 : 33PM 6 have questions? Yes, sir. 7 MR. PIERCE: I am Leon Pierce, I live at 8 1497 Orchid Street, and I am president of the 9 Autumn Creek Condo Association. Several 10 questions, issues, whatever, to deal with. 08:34PM 11 Going back to hers, with the grass 12 and everything else, if the sidewalks would be put 13 in -- I need to take this back to that -- we as a 14 condo would eventually be responsible for those 15 sidewalks, and to alleviate the issue of winter 08:34PM 16 and snow, we would have no problem having our 17 people plow those sidewalks so that the children 18 from both the homes and -- can get to the Autumn 19 Creek school without having to walk on ice and 20 snow. 08:34PM 21 If Pulte would take and put dirt on 22 those fields, put down seed and grass, we would do 23 what we currently are doing across from the 24 models, which is Pulte property, which is seeded DepoCourt Reporting Service, Inc . (630) 983-0030 Page 37 1 and grass, we would have our landscapers mow it 2 and so forth, making the community more 3 presentable to those of us in the townhomes that 4 live there, and to you and your people who are 5 trying to sell your homes. 08 : 35PM 6 MR. DAAB: Right. 7 MR. PIERCE: And a field full of weeds 8 doesn't do anybody any good. 9 So, you know, so we would like to 10 have a solution. We'd like to work with Pulte to 08:35PM 11 come up with a solution. 12 MR. DRAB: When is -- I don't -- when is 13 your next HOA meeting, your condo board HOA? 14 MR. PIERCE: It will be January. We 15 just did our budget. But we use the same 08:35PM 16 management company and so forth. 17 MR. DRAB: Okay. 18 MR. PIERCE: And your people know our 19 people and your people can talk to our people. 20 What a saying. 08 : 35PM 21 MR. DRAB: It sounds so awkward. 22 MR. PIERCE: I know it does. So that's 23 one issue, because you are probably -- you're here 24 three years longer than you wanted to be, and DepoCourt Reporting Service, Inc . (630) 983-0030 Page 38 1 you're probably going to be here another five 2 years the way things are going, and looking at 3 weeds and stuff for five years just isn't 4 presentable to us, to you, or the community, and 5 you don't have any kind of signs put up there and 08 : 36PM 6 everything else to cut your weeds, so we would 7 like to have somebody to come work with Pulte and 8 make it happen and help maintain. 9 The other issue is looking at the 10 plot, I don't know if I can come up there. 08:36PM 11 MR. DRAB: Sure. 12 MR. PIERCE: You have -- And it' s a 13 question of understanding. You meet up here with 14 the townhomes, right? 15 MR. DRAB: Right. 08:36PM 16 MR. PIERCE: All right. These two plots 17 here, 11 and 12, my understanding would be that 18 those two are going to be just grass over. 19 MR. DRAB: That' s correct. 20 MR. PIERCE: Okay. Because of 08 : 36PM 21 down-the-road maintenance issues, we currently 22 take care of all this, we butt up to these homes 23 here, take care of those. You would have -- the 24 HOA people have to mow this property. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 39 1 MR. DRAB: That's correct. 2 MR. PIERCE: Okay. A recommendation or 3 suggestion that I would make is that if you deeded 4 those to the condo association, we would not have 5 a conflict here between the homeowner, the HOA and 08 : 37PM 6 the condo association. 7 We would mow and maintain the 8 property right up to the owner' s property and you 9 would not have two different organizations 10 handling such a short piece of property. 08:37PM 11 The other thing that I would ask at 12 that point is that unlike what happens along the 13 bike trail that is in there, that that area be 14 sodded so that you have sod here with the 15 homeowners, sod, which we have here, and then that 08:37PM 16 would all be nice, uniform, so forth, through, and 17 that five, 10, 15 years from now when other people 18 are in these positions, nobody is looking and 19 trying to figure out who owns what, who is 20 responsible for what. We would have the 08 : 37PM 21 responsibility right up to the homes. 22 MR. DAAB: That's something that I need 23 to discuss with the HOA people in the company 24 because that' s clearly -- once we're gone, that's DepoCourt Reporting Service, Inc . (630) 983-0030 Page 40 1 going to be an HOA responsibility. 2 MR. PIERCE: Right. And I'm saying 3 rather than have a dispute between us, the HOA, 4 and the homeowner in question, if the condo had it 5 right up to that property, then ten years from now 08 : 38PM 6 when none of us are around, you know, the condo 7 people would just be mowing and maintaining it and 8 so forth right up to that point. Make it easier 9 down the road. 10 MR. DAAB: It' s certainly something I 08:38PM 11 made a note of, and when I meet with the lady of 12 the company that handles the HOAs, I have it on 13 the list and we'll see how we handle it with the 14 master condo association. 15 MR. PIERCE: Okay. And the other thing 08:38PM 16 is more a point of irritation. This thing seems 17 to be presented as no negative impact to the 18 homeowners, to the townhomes, and that's really 19 not true. There is a negative impact. 20 When we agreed to our budget and we 08 : 38PM 21 went from 258 units to 135 units, there was a $10 22 a month increase as a result. Fixed costs are not 23 calculated and divided over 258 units, now divided 24 over 135. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 41 1 MR. DRAB: Right. 2 MR. PIERCE: Okay? When Pulte did their 3 calculation and reviewed it, which was done in 4 2010, there was a $10 increase. $10 may not seem 5 like much, but at the same time, you change -- 08 : 39PM 6 there is 74 less units. 7 Mayor Burd always used to point out 8 the City gets $400 per plot. That' s $28, 000 less 9 to the City. All right. Same amount of roads to 10 be plowed, same amount to be swept, same number 08:39PM 11 of light fixtures to be taken care of. 12 You take 74 units out of it, 13 $150, 000 apiece -- I am not arguing numbers or 14 whatever, just a concept -- that' s ten million 15 dollars worth of property value that's taken out, 08:39PM 16 that's $240, 000 or $250, 000, 300, 000, whatever, 17 property taxes not collected. 18 To the schools, that's $150, 000 not 19 collected for the schools. That's three teachers. 20 And there's no guarantee that 31 homes produce 08:40PM 21 less students than a hundred townhomes, because in 22 24 townhomes around me, there is only three 23 students. 24 If you take three times four, that's DepoCourt Reporting Service, Inc . (630) 983-0030 Page 42 1 only 12 out of a hundred, if it extrapolated out. 2 There is no guarantee that 31 homes would generate 3 less than 12 students. All right. 4 So there is a potential negative 5 impact to the schools, to the City, to the 08 : 40PM 6 homeowners and that, and it's a big one to you 7 guys, $1.7 million, okay? 8 So something has got to be done, but 9 there are negative impacts. It's just a little 10 irritating when you hear there are no negative 08:40PM 11 impacts. 12 MR. DRAB: Let's me ease the irritation. 13 The way we looked at it is that were this to be 14 left for townhomes -- 15 MR. PIERCE: Right. 08:41PM 16 MR. DRAB: -- they would never be 17 built. 18 MR. PIERCE: No, I understand that, and 19 I understand it has to be done. 20 MR. DRAB: Right. 08 : 41PM 21 MR. PIERCE: It's just an irritation, 22 that's all. I don't expect compensation to take 23 place, but when it's presented and said that there 24 are no negative impacts, you've got them, we've DepoCourt Reporting Service, Inc . (630) 983-0030 Page 43 1 got them, the City has got them, the schools have 2 them. 3 And the cost for you guys to go 4 through and bulldoze all this stuff, to redo all 5 the sewers, I don't know how -- You can't be 08 : 41PM 6 making money. 7 MR. DAAB: No. 8 MR. PIERCE: No, seriously. 1.7 9 million -- 1 0 MR. CROUCH: Don't go there. 08: 41PM 11 MR. PIERCE: You know, so it's just -- 12 MR. DRAB: Welcome to my world. 13 MR. PIERCE: Right. So it's just an 14 irritant when you hear there is none, okay? 15 That's all. 08:41PM 16 MR. DRAB: I appreciate that. 17 MR. PIERCE: Okay. And I don't know if 18 it's time to do this and that, but there are 19 certain things that just don't get done out 20 there. 08 : 41PM 21 The walking trail that's out there, 22 it floods. It' s flooded from day one. And we 23 mentioned it last year and the result was they 24 fixed it once and it didn't flood, then Emily was DepoCourt Reporting Service, Inc . (630) 983-0030 Page 44 1 there and got it fixed. She left, and as soon as 2 she left, they came -- Pulte came in and built a 3 five-inch -- four to five-inch retaining wall on 4 the side where it was fixed with drain, and so now 5 the net effect is it floods at a deeper depth over 08 : 42PM 6 the longer part of the path and stays flooded 7 longer. So it' s not a plus to your community, 8 it's a negative. 9 And you've got to do something 10 about the tree planting issues because when you 08:42PM 11 present the budgets, and Krysti put them out for 12 2011 and 2012, there is $9, 000 in there for 13 planting trees. There's been trees dead for two 14 and three years out there that have never been 15 replanted. 08:42PM 16 MS. NOBLE: And they will be, upon final 17 acceptance. That's a punch list item. 18 MR. PIERCE: Yeah, but that could be 19 five years from now. We're losing -- We've lost 20 three years of growth on the trees. We're talking 08:42PM 21 about losing another five years of growth? 22 MS. NOBLE: Well -- 2 3 MR. PIERCE: That' s eight years of 24 growth, and trees look pretty good after eight DepoCourt Reporting Service, Inc . (630) 983-0030 Page 45 1 years of growing, which has, you know, a positive 2 impact on the community, your ability to sell your 3 homes and so forth. 4 MS. NOBLE: That's true. 5 MR. DRAB: I have taken note. 08 : 43PM 6 MR. PIERCE: I appreciate it. 7 MR. DRAB: I don't dismiss it. Truly. 8 MR. PIERCE: No, no, I know you don't. 9 CHAIRMAN LINDBLOM: Okay. Thank you. 10 Any other comments or questions? 08:43PM 11 (No response. ) 12 CHAIRMAN LINDBLOM: Going once. Hearing 13 none then, I would entertain a motion to close the 14 public hearing. 15 MR. JONES: So moved. 08:43PM 16 MR. BAKER: Second. 17 CHAIRMAN LINDBLOM: Moved and seconded. 18 Discussion on the motion? 19 (No response. ) 20 CHAIRMAN LINDBLOM: Hearing none, those 08 : 43PM 21 in favor signify by saying aye. 22 (A chorus of ayes. ) 23 CHAIRMAN LINDBLOM: Motions passes. 24 Public hearing is now closed. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 46 1 (Which were all the 2 proceedings had in the 3 public hearing portion 4 of the meeting. ) 5 ---000--- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 47 1 STATE OF ILLINOIS ) ) SS . 2 COUNTY OF LA SALLE ) 3 I, Christine M. Vitosh, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above-entitled cause and that the 7 foregoing Report of Proceedings, Pages 1 through 8 48, inclusive, is a true, correct, and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid. 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit, nor am I in any way related 14 to any of the parties to this suit, nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only. I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 DepoCourt Reporting Service, Inc . (630) 983-0030 Page 48 1 In testimony whereof, I have 2 hereunto set my hand this 19th day of December, 3 A. D . , 2011 . 4 5 6 Christine M. Vitosh, CSR 7 CSR No . 084-002883 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 1 $10 [3] - 40 : 21, 41 : 4 41 : 13 $150, 000 [2] - 41 : 18 41 : 16 $240, 000 [1] - 41 : 16 $250, 000 [1] - $28, 000 [1] - 41 : 8 $400 [1] - 41 : 8 $9, 000 [1] - 44 : 12 1 173 [1] - 25 : 3 0 0 . 73 [1] - 4 : 4 084-002883 [1] - 48 : 7 30 : 22 1 [4 ] - 30 : 19, 31 : 22, 47 : 7 1 . 7 [2] - 42 : 7, 43 : 8 10 [1] - 39 : 17 102 [2] - 12 : 10, 14 : 18 105 [2] - 14 : 18, 20 : 8 11 [1] - 38 : 17 110 [1] - 32 : 6 1107A [1] - 4 : 10 38 : 17 12 [4] - 30 : 23, , 42 : 1, 42 : 3 12, 000 [2] - 5 : 19, 23 : 18 12-foot [1] - 28 : 12 13 [1] - 31 : 23 13 . 07 [1] - 31: 5 40 : 24 135 [2] - 40 : 21, 13th [1] - 30 : 23 1427 [1] - 32 : 21 1497 [1] - 36 : 8 15 [4] - 9 : 5, 10 : 22, 39 : 17 18, 000 [1] - 9 : 4 22 : 10 1800 [3] - 22 : 6, 23 : 12 1901 [1] - 31 : 14 19th [1] - 48 : 2 DepoCourt Reporting Service, Inc . (630) 983-0030 Page 2 2 [ 1] - 5 : 10 2 , 000-square [2 ] - 22 : 7, 22 : 11 2 . 37 [ 1 ] - 32 : 9 20 [ 6] - 10 : 22 , 10 : 23, 22 : 3, 23 : 13, 23 : 15, 27 : 1 2001-08 [1 ] - 30 : 15 2005 [ 1 ] - 30 : 23 201 [ 6] - 10 : 21, 10 : 22 , 13 : 9, 13 : 15, 18 : 4 2010 [2 ] - 30 : 23, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 3 41 : 4 2011 [3] - 1 : 14, 44 : 12 , 48 : 2011-06 [1 ] - 3 : 20 2012 [ 1 ] - 44 : 12 24 [2 ] - 32 : 5, 41 : 22 25 [2 ] - 23 : 7, 23 : 13 250 [2 ] - 8 : 2, 8 : 5 258 [2 ] - 40 : 21, 40 : 23 3 30 [3] - 11 : 20, 22 : 3, 32 : 10 30-foot [2 ] - 22 : 21 , 23 : 7 300, 000 [1 ] - 41 : 16 302 [ 1 ] - 7 : 5 31 [3] - 32 : 6, 41 : 20, 42 : 2 34 [1 ] - 31 : 7 4 4 [ 1] - 4 : 1 40 [1 ] - 23 : 9 412 [4 ] - 10 : 17, 10 : 21 , 14 : 17 , 27 : 23 48 [1 ] - 47 : 8 5 5 [ 1] - 4 : 1 500 [2 ] - 8 : 3 6 6 [ 1] - 4 : 1 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 7 74 [2 ] - 41 : 6, 41 : 12 7 : 00 [1 ] - 1 : 15 8 8 . 19 [ 1 ] - 32 : 8 80 [1 ] - 18 : 18 9 9 [ 1] - 1 : 14 902 [1 ] - 1 : 10 A A. D [ 1 ] - 48 . 3 ability [1 ] - 45 : 2 above-entitled [1 ] - 47 : 6 absolutely [1 ] - 9 : 24 absorbed [1] - 13 : 16 acceptance [1 ] - 44 : 17 access [ 1] - 25 : 11 accommodate [2 ] - 27 : 10, 32 : 5 accommodation [1 ] - 26 : 21 accuracy [1] - 47 : 20 Acquisition [ 1] - 31 : 13 acre [2 ] - 32 : 9 acres [3] - 4 : 4, 31 : 5, 31 : 23 actual [2 ] - 26 : 20, 27 : 11 ADAMS [1 ] - 3 : 8 add [3] - 11 : 22, 21 : 16, 29 : 9 adding [ 1] - 13 : 12 additional [1 ] - 32 : 14 address [16] - 4 : 10, 7 : 9, 14 : 16, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 8 15 : 7, 15 : 10, 15 : 17 , 15 : 18 , 15 : 21 , 16 : 13, 19 : 24 , 20 : 2, 20 : 4, 20 : 6, 27 : 14 , 32 : 13 addresses [2 ] - 16 : 16, 17 : 1 addressing [2 ] - 16 : 5, 31 : 9 adjoining [ 1 ] - DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 9 17 : 14 adjourn [1 ] - 3 : 4 aerial [2 ] - 4 : 20, 10 : 18 affected [1] - 31 : 4 aforesaid [ 1] - 47 : 10 ago [8] - 5 : 12 , 8 : 13, 10 : 23, 12 : 3, 14 : 14, 18 : 4, 25 : 2 , 29 : 11 agree [2 ] - 18 : 4 , DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 10 30 : 6 agreed [1] - 40 : 20 agreement [1 ] - 31 : 21 Agreement [1 ] - 30 : 21 alleviate [1] - 36 : 15 alley [2 ] - 17 : 4, 24 : 5 allow [1 ] - 31 : 22 almost [2] - 13 : 3, 13 : 6 ALSO [1] - 2 : 11 ambulance [3] - 25 : 14, 28 : 19, 29 : 6 amend [1 ] - 31 : 20 amended [2 ] - 30 : 23, 32 : 3 amendment [3] - 30 : 18, 30 : 20, 31 : 4 amount [4 ] - 11 : 18, 32 : 4, 41 : 9, 41 : 10 and. . [1] - 13 : 21 annexation [1] - 31 : 21 annexed [2 ] - 5 : 23, 47 : 17 answer [ 6] - 6 : 20, 11 : 8, 26 : 13, 32 : 15, 35 : 1, 35 : 4 antique [1] - 25 : 10 anyway [1] - 24 : 8 apiece [1] - 41 : 13 application [2 ] - 3 : 22, 30 : 16 applies [1 ] - 47 : 17 apply [2 ] - 15 : 11, 15 : 16 appraisal [2 ] - 18 : 17, 18 : 19 appreciate [2] - DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 11 43 : 16, 45 : 6 appropriate [ 1 ] - 6 : 22 approval [1] - 6 : 18 April [1 ] - 30 : 23 area [7 ] - 12 : 6, 25 : 17 , 26 : 15, 29 : 21 , 32 : 7, 34 : 22 , 39 : 13 arguing [1 ] - 41 : 13 Art [1] - 2 : 7 Association [ 1] - 36 : 9 association [3] - 39 : 4, 39 : 6, 40 : 14 assume 47 : 19 attorney [2 ] - DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 12 4 : 12, 31 : 18 AUDIENCE [1] - 14 : 10 audience [3] - 32 : 18 6 : 22, 6 : 24 , Autumn [ 9] - 30 : 19, 30 : 20, 31 : 6, 31 : 21, 31 : 22 , 33 : 7, 34 : 24 , 36 : 9, 36 : 18 aware [3] - 24 : 19, 29 : 21, 30 : 1 awkward [1 ] - 37 : 21 aye [2 ] - 3 : 10, 45 : 21 45 : 22 ayes [2 ] - 3 : 11, B backyard [2 ] - 33 : 15, 34 : 20 BAKER [1 ] - 45 : 16 Baker [1 ] - 2 : 3 basis [1 ] - 5 : 11 battle [ 1] - 18 : 8 bedroom [1 ] - 12 : 17 behalf [ 1] - 31 : 9 behind [ 1] - 34 : 3 below [1] - 10 : 21 berm [3] - 13 : 4, 26 : 17 berms [1 ] - 28 : 12 bet [3] - 8 : 20, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 13 19 : 21 , 27 : 19 better [3] - 12 : 12, 13 : 11, 21 : 21 between [ 6] - 8 : 24, 12 : 9, 18 : 5, 39 : 5, 40 : 3 big [ 6] - 13 : 4 , 19 : 11 , 23 : 1, 24 : 8, 35 : 20, 42 : 6 bigger [4 ] - 8 : 12, 8 : 17, 9 : 11 , 9 : 16 bike [ 1 ] - 39 : 13 bit [3] - 8 : 6, 9 : 6, 10 : 24 blacktopped [ 1] - 21 : 21 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 14 block [1 ] - 6 : 13 board [1 ] - 37 : 13 Bonnie [ 1] - 32 : 20 bottom [3] - 11 : 6, 12 : 8, 24 : 6 bounded [1 ] - 4 : 22 boxes [1 ] - 22 : 8 boy [ 1 ] - 26 : 13 Bridge [ 1] - 4 : 11 bring [1] - 13 : 14 Bristol [1 ] - 25 : 8 budget [2 ] - 37 : 15, 40 : 20 budgets [2 ] - 17 : 8, 44 : 11 build [10] - 8 : 10, 9 : 23, 10 : 5, 13 : 4, 20 : 16, 26 : 16, 29 : 2, 33 : 18, 34 : 10, 35 : 16 builder [2 ] - 8 : 9, 26 : 20 building [ 8] - 4 : 16, 9 : 8, 15 : 11, 15 : 16, 17 : 7, 25 : 6, 25 : 17, 33 : 2 buildings [ 1 ] - 29 : 23 built [10] - 10 : 22 , 11 : 20, 22 : 2, 22 : 5, 22 : 7 , 25 : 2, 34 : 23, 42 : 17, 44 : 2 bulldoze [1] - 43 : 4 Burd [ 1 ] - 41 : 7 butt [1 ] - 38 : 22 buyer [1 ] - 22 : 12 Byrum [1 ] - 31 : 18 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 15 C calculated [1 ] - 40 : 23 calculation [ 1] - 41 : 3 capped [2] - 14 : 3, 14 : 14 captive [1 ] - 11 : 10 car [1 ] - 25 : 12 card [2 ] - 26 : 18, 35 : 3 care [5] - 11 : 5, 13 : 12 , 38 : 22, 38 : 23, 41 : 11 cars [ 1 ] - 25 : 10 certain [2 ] - 30 : 24 , 43 : 19 certainly [4 ] - 6 : 21, 17 : 9, 20 : 20, 40 : 10 certificate [ 1 ] - DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 16 47 : 17 certified [2] - 7 : 11, 47 : 19 Certified [ 1 ] - 47 : 3 certify [3] - 47 : 4 , 47 : 11, 47 : 16 Chair [1 ] - 6 : 22 4 : 17 chairman [ 1 ] - Chairman [3] - 2 : 2 , 27 : 15, 31 : 11 CHAIRMAN [31 ] - 3 : 1, 3 : 6, 3 : 9, 3 : 12, 3 : 14 , 3 : 19, 6 : 23, 7 : 3, 7 : 15, 10 : 11, 10 : 14 , 16 : 14 , 16 : 21 , 19 : 17 , 19 : 23, 20 : 5, 26 : 2 , 27 : 16, 27 : 20, 29 : 20, 30 : 6, 30 : 10, 30 : 13, 32 : 17 , 32 : 24, 36 : 5, 45 : 9, 45 : 12 , 45 : 17, 45 : 20, 45 : 23 change [2 ] - 8 : 7 , 41 : 5 changes [2 ] - 6 : 13, 11 : 13 changing [1] - 32 : 4 Charles [1 ] - 2 : 6 check [1 ] - 35 : 2 Chicago [1 ] - 31 : 13 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 17 children [2 ] - 34 : 6, 36 : 17 choir [1 ] - 11 : 15 chorus [2 ] - 3 : 11, 45 : 22 Christine [2 ] - 47 : 3, 48 : 6 Chuck [1 ] - 31 : 18 CITY [ 1 ] - 1 : 2 city [3] - 5 : 14, 8 : 4, 15 : 9 City [31] - 3 : 22 , 4 : 21, 5 : 12 , 5 : 17, 5 : 21, 5 : 24 , 6 : 5, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 18 6 : 12, 6 : 18, 8 : 11, 9 : 2 , 12 : 3, 15 : 16, 15 : 18, 15 : 20, 16 : 4, 16 : 15, 17 : 7, 17 : 11, 18 : 11 , 18 : 13, 18 : 14 , 20 : 13, 29 : 1, 30 : 16, 41 : 8, 41 : 9, 42 : 5, 43 : 1 clearly [1 ] - 39 : 24 close [1 ] - 45 : 13 closed [ 1] - 45 : 24 co [1 ] - 4 : 13 co-petitioners [ 1 ] - 4 : 13 code [2 ] - 5 : 21, 25 : 6 collected [2 ] - 41 : 17 , 41 : 19 combine [1 ] - 6 : 8 combined [2 ] - 6 : 9, 8 : 17 coming [3] - 21 : 7, 21 : 8, 21 : 22 comment [1 ] - 29 : 20 comments [8] - 6 : 11, 6 : 21 , 6 : 24 , 10 : 12 , 30 : 7, 32 : 14 , 32 : 18 , 45 : 10 COMMISSION [1 ] - 1 : 5 Commission [3] - 3 : 16, 18 : 15, 31 : 12 community [5] - 35 : 22 , 37 : 2, 38 : 4, 44 : 7 , 45 : 2 2 : 12 Community [ 1 ] - company [3] - 37 : 16, 39 : 23, 40 : 12 compensation [2 ] DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 19 - 18 : 22 , 42 : 22 complete [2 ] - 34 : 3, 47 : 8 comply [ 1] - 5 : 21 concept [1 ] - 41 : 14 concern [2 ] - 27 : 7, 35 : 24 concerned [5] - 16 : 19, 16 : 22, 23 : 21 , 24 : 3, 25 : 10 Condo [1 ] - 36 : 9 condo [7 ] - 36 : 14, 37 : 13, 39 : 4, 39 : 6, 40 : 4 , 40 : 6, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 20 conflict [1] - 39 : 5 conform [1 ] - 5 : 16 conforming [2 ] - 6 : 7 , 9 : 9 confusing [3] - 10 : 1, 14 : 17, 16 : 18 connecting [1] - 12 : 21 consequently [1 ] - 10 : 24 consists [3] - 4 : 3, 31 : 4, 31 : 23 construction [1 ] - 36 : 2 consultant [1] - 16 : 3 continue [8] - 27 : 2, 33 : 18, 33 : 20, 34 : 9, 34 : 23, 34 : 24 , 35 : 17 , 36 : 1 continued [ 1 ] - 33 : 14 contributing [1 ] - 29 : 24 control [1 ] - 47 : 21 coordinate [1 ] - 16 : 24 copies [2] - 47 : 18 , 47 : 21 corner [5] - 12 : 5, 12 : 17 , 28 : 1, 33 : 6 correct [4 ] - 9 : 15, 38 : 19, 39 : 1, 47 : 8 cost [1 ] - 43 : 3 costs [1] - 40 : 22 council [1 ] - 7 : 9 Council [3] - 6 : 5, 6 : 18, 18 : 14 counsel [3] - DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 21 32 : 16, 47 : 12 Countryside [ 1 ] - 23 : 7 County [2] - 3 : 23, 30 : 17 COUNTY [ 1] - 47 : 2 couple [ 1] - 19 : 9 Court [1] - 7 : 5 covers [ 1] - 32 : 13 create [ 1] - 5 : 2 Creek [ 9] - 30 : 19, 30 : 20, 31 : 6, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 22 31 : 21, 31 : 22 , 33 : 7 , 34 : 24 , 36 : 9, 36 : 19 crews [ 1] - 28 : 18 Crimson [5] - 32 : 21, 33 : 6, 33 : 7 , 33 : 12 , 34 : 24 crossed [1] - 33 : 14 Crouch [ 1] - 2 : 4 CROUCH [2] - 3 : 4, 43 : 10 CSR [2] - 48 : 6, 48 : 7 curbs [4 ] - 10 : 23, 11 : 4 , 11 : 8, 11 : 10 current [3] - 5 : 21, 9 : 4, 9 : 8 curves [ 1] - 28 : 1 cut [1] - 38 : 6 D D-954511 [1 ] - 1 : 19 DRAB [2 8] - 31 : 11, 33 : 24 , 34 : 11, 34 : 15, 35 : 1, 35 : 6, 35 : 11, 35 : 14 , 35 : 24, 37 : 6, 37 : 12, 37 : 17 , 37 : 21, 38 : 11, 38 : 15, 38 : 19, 39 : 1, 39 : 22 , 40 : 10, 41 : 1 , 42 : 12, 42 : 16, 42 : 20, 43 : 7, 43 : 12, 43 : 16, 45 : 5, 45 : 7 Daab [1 ] - 31 : 12 Dan [4 ] - 7 : 15, 30 : 11 26 : 2 , 29 : 22, Daniel [ 1] - 4 : 10 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 23 dated [1 ] - 30 : 22 Dave [5] - 10 : 16, 11 : 9, 19 : 21, 20 : 9, 20 : 16 Dawn [2 ] - 3 : 21, 4 : 14 dead [ 1 ] - 44 : 13 deal [2 ] - 24 : 8, 36 : 10 decades [4 ] - 14 : 14 , 25 : 2, 29 : 11 December [ 1] - 48 : 2 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 24 decision [2 ] - 16 : 6, 18 : 14 decrease [3] - 32 : 4, 32 : 8, 32 : 10 deeded [1] - 39 : 3 deem [1] - 18 : 22 deems [1] - 6 : 22 deeper [1] - 44 : 5 delivery [1] - 15 : 13 DENNIS [24] - 19 : 22, 20 : 1, 20 : 7, 20 : 22, 21 : 2, 21 : 5, 21 : 11, 21 : 19, 21 : 23, 22 : 14 , 23 : 19, 23 : 21, 24 : 1, 24 : 3, 24 : 14, 24 : 18, 24 : 20, 25 : 5, 25 : 9, 25 : 20, 25 : 24, 26 : 7, 26 : 24, 27 : 18 Dennis [1] - 20 : 8 Dennises [1 ] - 13 : 21 density [1] - 32 : 7 depth [1] - 44 : 5 described [1 ] - 29 : 23 designed [1 ] - 20 : 14 detached [1] - 31 : 2 detention [4 ] - 11 : 23, 21 : 15, 27 : 8, 27 : 24 develop [2] - 5 : 13, 33 : 13 developed [1] - 31 : 24 development [1] - 11 : 4 Development [4] - 2 : 12, 30 : 21, DepoCourt Reporting Service, Inc . (630) 983-0030 Page 25 35 : 2, 36 : 3 difference [2 ] - 8 : 24, 17 : 20 different [ 1 ] - 39 : 9 direct [2] - 20 : 19, 20 : 20 direction [ 1 ] - 47 : 21 directions [2 ] - 15 : 13, 33 : 4 directly [1] - 10 : 21 Director [1] - 2 : 13 dirt [1 ] - 36 : 21 discuss [1 ] - 39 : 23 Discussion [1 ] - 45 : 18 dismiss [1 ] - 45 : 7 dispute [1 ] - 40 : 3 District [2 ] - 4 : 2 disturb [1 ] - 28 : 5 disturbed [ 1 ] - 28 : 15 divided [3] - 4 : 19, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 26 31 : 14 Division [ 1 ] - dogs [ 1 ] - 34 : 17 dollars [1 ] - 41 : 15 done [ 6] - 32 : 22 , 34 : 7, 41 : 3, 42 : 8, 42 : 19, 43 : 19 DOVERSPIKE [12] - 7 : 2 , 7 : 4 , 7 : 19, 8 : 19, 8 : 21, 8 : 23, 9 : 17 , 9 : 19, 9 : 22, 10 : 3, 10 : 6, 10 : 9 Doverspike [1 ] - 7 : 5 down [ 17 ] - 11 : 1, 12 : 1, 13 : 3, 20 : 11 , 20 : 23, 21 : 10, 25 : 19, 26 : 18, 27 : 11, 27 : 24 , 28 : 19, 28 : 23, 29 : 5, 29 : 21 , 36 : 22, 38 : 21 , 40 : 9 down-the-road [1 ] - 38 : 21 drain [2 ] - 12 : 4 , 44 : 4 drainage [1 ] - 12 : 15 draining [ 1 ] - 21 : 9 drawing [1 ] - 22 : 20 drive [2 ] - 26 : 9, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 9 28 : 11 driveway [1] - 12 : 8 driveways [3] - 13 : 19, 23 : 22 , 24 : 4 driving [2 ] - 26 : 6, 26 : 14 dropped [1 ] - 12 : 16 drops [1 ] - 24 : 17 dump [ 1 ] - 13 : 22 dumps [1 ] - 12 : duplex [ 1] - 10 : 5 duplexes [1] - DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 10 10 : 8 dwelling [1] - 32 : 8 E ease [1 ] - 42 : 12 easement [2 ] - 5 : 10, 23 : 1 easements [3] - 5 : 7 , 23 : 4, 23 : 9 easier [2] - 24 : 10, 40 : 8 East [4 ] - 4 : 5, 27 : 23 10 : 17 , 14 : 17 , east [4 ] - 4 : 5, 4 : 23, 5 : 4, 21 : 6 effect [ 1] - 44 : 5 eight [2 ] - 44 : 23, 44 : 24 electric [1 ] - 5 : 8 emergency [5] - 16 : 20, 17 : 2, 28 : 18, 28 : 21, 29 : 4 Emily [1 ] - 43 : 24 end [3] - 4 : 16, 17 : 4, 35 : 20 ends [ 1 ] - 20 : 12 engine [ 1] - 25 : 13 engineer [5] - 11 : 21 , 15 : 9, 15 : 20, 31 : 17, 32 : 16 Engineer [4 ] - 6 : 12, 16 : 4 , 16 : 15, 20 : 13 Enter [1 ] - 10 : 13 enter [1] - 3 : 2 45 : 13 entertain [2 ] - 3 : 1, entire [ 1] - 11 : 11 entitled [1] - 47 : 6 eons [ 1 ] - 8 : 13 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 11 especially [1 ] - 26 : 9 event [1 ] - 25 : 13 eventually [1 ] - 36 : 14 Exactly [1 ] - 10 : 3 exactly [1 ] - 10 : 6 excavating [1 ] - 27 : 12 excavation [1 ] - 26 : 20 excuse [2] - 11 : 7, 20 : 3 expect [ 1] - 42 : 22 extrapolated [1 ] - 42 : 1 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 12 F facing [2] - 5 : 4 , 5 : 5 fact [ 1 ] - 29 : 10 fairly [ 1] - 32 : 12 family [ 14 ] - 6 : 5, 9 : 23, 10 : 8, 31 : 1, 31 : 24 , 32 : 6, 33 : 2, 33 : 18, 33 : 19, 34 : 4, 34 : 9, 34 : 13, 35 : 10, 35 : 18 Family [2 ] - 4 : 1, 4 : 2 fan [ 1 ] - 24 : 2 far [4 ] - 6 : 14 , 7 : 13, 22 : 23, 33 : 12 Farm [ 1 ] - 1 : 10 farm [ 1 ] - 14 : 9 faster [ 1] - 21 : 22 45 : 21 favor [2 ] - 3 : 10, feet [5] - 5 : 19, 8 : 2, 23 : 9, 23 : 18, 26 : 8 fence [1 ] - 27 : 4 few [1 ] - 19 : 22 field [2 ] - 13 : 15, 37 : 7 fields [ 1] - 36 : 22 fight [1 ] - 18 : 24 figure [ 1] - 39 : 19 filed [2 ] - 3 : 21 , 30 : 16 final [5] - 6 : 9, 6 : 19, 30 : 18, 30 : 22 , 44 : 16 fine [2 ] - 9 : 21, 27 : 16 fire [ 6] - 25 : 13, 28 : 2, 28 : 3, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 13 28 : 14 , 28 : 23, 29 : 4 first [ 6] - 7 : 6, 7 : 7, 7 : 8, 7 : 12, 7 : 20, 20 : 1 fit [ 1 ] - 23 : 20 five [ 10] - 8 : 16, 34 : 20, 34 : 21, 38 : 1, 38 : 3, 39 : 17 , 44 : 3, 44 : 19, 44 : 21 five-inch [2 ] - 44 : 3 five-pound [1 ] - 8 : 16 five-year [2 ] - DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 14 34 : 20, 34 : 21 fixed [4 ] - 40 : 22, 43 : 24 , 44 : 1, 44 : 4 fixtures [1] - 41 : 11 43 : 24 flood [2 ] - 11 : 6, flooded [2 ] - 43 : 22 , 44 : 6 floods [2 ] - 43 : 22, 44 : 5 floor [1 ] - 12 : 19 foot [4 ] - 22 : 7, 23 : 13 22 : 11, 23 : 12, footprint [ 1 ] - 23 : 12 foregoing [ 1 ] - 47 : 7 17 : 24 foresee [ 1 ] - Forget [ 1] - 18 : 7 Forgive [1 ] - 16 : 3 former [ 1] - 20 : 13 forth [5] - 37 : 2 , 37 : 16, 39 : 16, 40 : 8, 45 : 3 15 : 21 forward [1 ] - four [3] - 22 : 6, 41 : 24 , 44 : 3 frankly [4 ] - 6 : 1, 18 : 2, 19 : 8, 29 : 17 Friel [2 ] - 3 : 21, 4 : 14 Friels [3] - 5 : 11, 14 : 5, 17 : 13 friendly [1 ] - 32 : 24 front [5] - 5 : 7, 11 : 19, 22 : 21, 23 : 15, 33 : 22 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 15 full [ 1 ] - 37 : 7 G Game [ 1 ] - 1 : 10 garage [5] - 20 : 12 , 20 : 23, 24 : 24 , 25 : 11, 26 : 11 garages [2 ] - 23 : 22 , 24 : 4 garbage [1 ] - 34 : 18 gas [1 ] - 5 : 8 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 16 Gawne [ 9] - 4 : 23, 5 : 4 , 14 : 19, 14 : 22 , 15 : 24 , 16 : 11 , 16 : 12, 24 : 9, 25 : 23 Gee [1 ] - 17 : 21 generally [ 1 ] - 31 : 5 generate [ 1 ] - 42 : 2 gentle [ 1] - 13 : 7 gentleman [3] - 20 : 14 7 : 10, 10 : 14, given [1 ] - 29 : 10 grab [ 1 ] - 22 : 19 grade [1 ] - 15 : 8 granted [1 ] - 5 : 11 grass [ 6] - 19 : 10, 33 : 22 , 36 : 11 , 38 : 18 36 : 22 , 37 : 1, gravel [ 1] - 12 : 14 great [2 ] - 7 : 14 , 33 : 4 Green [1 ] - 31 : 17 growing [1 ] - 45 : 1 growth [3] - 44 : 24 44 : 20, 44 : 21, guarantee [2 ] - 41 : 20, 42 : 2 gutters [4 ] - 10 : 23, 11 : 4, 11 : 9, 11 : 10 guys [2 ] - 42 : 7, 43 : 3 H half [ 8 ] - 17 : 12 , 17 : 13, 17 : 14 , 17 : 23, 18 : 6, 18 : 23, 20 : 11 hand [3] - 3 : 17, 47 : 19, 48 : 2 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 17 handle [ 1] - 40 : 13 handles [1 ] - 40 : 12 handling [1] - 39 : 10 happy [3] - 6 : 20, 10 : 19, 32 : 13 hardship [ 1] - 9 : 14 hear [3] - 23 : 23, 42 : 10, 43 : 14 Hearing [1 ] - 45 : 12 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 18 HEARING [1 ] - 1 . 6 hearing [ 9] - 3 : 2, 3 : 5, 3 : 20, 30 : 14, 45 : 14 , 45 : 20, 45 : 24 , 46 : 3, 47 : 6 help [3] - 8 : 23, 21 : 20, 38 : 8 Henne [ 6] - 3 : 20, 4 : 15, 5 : 1, 17 : 14 , 26 : 19, 27 : 11 hereby [ 1] - 47 : 4 hereto [ 1] - 47 : 17 hereunto [1] - 48 : 2 high [ 1 ] - 21 : 9 hill [4 ] - 13 : 10, 24 : 10 21 : 9, 24 : 7 , 27 : 12 himself [1 ] - HOA [7 ] - 37 : 13, 38 : 24 , 39 : 5, 39 : 23, 40 : 1, 40 : 3 HOAs [ 1 ] - 40 : 12 hold [ 1 ] - 13 : 5 holders [1 ] - 4 : 14 home [4 ] - 23 : 12 , 35 : 10 33 : 19, 34 : 4 , homeowner [2 ] - 39 : 5, 40 : 4 homeowners [3] - 39 : 15, 40 : 18 , 42 : 6 homes [18] - 9 : 23, 21 : 24 , 22 : 3, 22 : 13, 32 : 1, 33 : 2, 33 : 18, 33 : 20, 34 : 9, 34 : 13, 35 : 18, 36 : 18, 37 : 5, 38 : 22 , 39 : 21, 41 : 20, 42 : 2, 45 : 3 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 19 Homes [2 ] - 30 : 15, 31 : 13 house [ 6] - 8 : 10, 9 : 16, 12 : 15, 12 : 18, 27 : 6, 33 : 9 houses [7 ] - 4 : 16, 5 : 4 , 20 : 16, 22 : 17 , 23 : 8, 29 : 2, 29 : 14 HR [1 ] - 31 : 17 Huhn [ 1 ] - 31 : 16 hundred [2 ] - 41 : 21 , 42 : 1 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 20 hydrant [3] - 28 : 2, 28 : 3, 28 : 14 I ice [1 ] - 36 : 19 idea [ 1 ] - 15 : 24 ILLINOIS [2 ] - 1 : 3, 47 : 1 Illinois [ 10 ] - 1 : 11, 3 : 23, 4 : 6, 4 : 11, 4 : 13, 7 : 22 , 17 : 11 , 30 : 17, 31 : 8, 31 : 15 imagine [3] - 17 : 22 , 33 : 17, 34 : 8 immediately [ 1 ] - 31 : 6 impact [4 ] - 40 : 17 , 40 : 19, 42 : 5, 45 : 2 impacts [3] - 42 : 9, 42 : 11, 42 : 24 inaudible [ 1] - 23 : 19 inch [2 ] - 44 : 3 inclusive [ 1 ] - 47 : 8 30 : 15 Incorporated [1 ] - increase [2 ] - 40 : 22 , 41 : 4 indicating) [ 1] - 26 : 1 infiltration [3] - 11 : 24 , 12 : 22 , 13 : 6 instantly [ 1 ] - 10 : 4 instead [1 ] - 5 : 2 intent [ 1] - 9 : 22 intentions [1] - 35 : 8 interested [1 ] - DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 9 invite [ 1] - 7 : 12 irritant [1] - 43 : 14 irritating [1 ] - 42 : 10 irritation [3] - 40 : 16, 42 : 12 , 42 : 21 issue [4 ] - 33 : 3, 36 : 15, 37 : 23, issues [4 ] - 32 : 13, 36 : 10, 38 : 21 , 44 : 10 item [ 1 ] - 44 : 17 itself [ 1] - 21 : 1 J Jack [ 1 ] - 2 : 5 Jake [ 1 ] - 31 : 12 James [1 ] - 2 : 8 Jane [ 1 ] - 2 : 9 37 : 14 January [1 ] - Jeff [ 1 ] - 2 : 3 joist [1 ] - 12 : 19 JONES [1] - 45 : 15 Jones [2 ] - 2 : 5, 10 : 13 July [ 1 ] - 30 : 23 K keep [3] - 11 : 24 , 18 : 13, 26 : 17 Ken [1 ] - 31 : 16 Kendall [2 ] - 3 : 23, 30 : 17 Kennedy [1 ] - 31 : 7 kick [ 1 ] - 12 : 1 kids [ 1 ] - 35 : 22 kind [3] - 14 : 16, 26 : 22 , 38 : 5 34 : 21 kindergarten [1 ] - knows [1] - 11 : 20 KRAMER [71 ] - DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 10 4 : 9, 7 : 14, 7 : 17 , 7 : 21, 8 : 4, 8 : 20, 8 : 22, 9 : 2, 9 : 6, 9 : 18, 9 : 21, 9 : 24, 10 : 4, 10 : 7 , 10 : 10, 10 : 19, 11 : 7, 12 : 6, 12 : 11 , 12 : 20, 13 : 2, 13 : 22, 14 : 4, 14 : 7 , 14 : 11 , 14 : 21 , DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 15 14 : 24 , 15 : 3, : 6, 15 : 10, 15 : 15, 17 : 6, 17 : 18, 17 : 20, 18 : 2, 18 : 9, 19 : 5, 19 : 7, 19 : 15, 19 : 19, 19 : 21, 20 : 18, 20 : 24 , 21 : 4, 21 : 7 , 21 : 14 , 21 : 20, 22 : 2, 22 : 19, 23 : 20, 24 : 2, 24 : 12 , 24 : 16, 24 : 19, 25 : 3, 25 : 6, 25 : 18, 25 : 22 , 26 : 4, 26 : 12 , 27 : 5, 27 : 17 , 27 : 19, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 16 28 : 4, 28 : 7 , 28 : 10, 28 : 16, 29 : 8, 29 : 13, 29 : 16, 30 : 12 16 : 10 Kramer [2 ] - 4 : 10, Kraupner [1] - 2 : 6 Krysti [3] - 2 : 12, 9 : 4 , 44 : 11 L LA [1 ] - 47 : 2 labeling [1] - 6 : 13 lady [2 ] - 32 : 18, 40 : 11 Land [3] - 31 : 13, 35 : 2, 36 : 2 5 : 21 landscape [ 1 ] - landscapers [ 1] - 37 : 1 13 : 19 landscaping [ 1] - 32 : 21 Lane [2 ] - 4 : 24, large [1 ] - 9 : 3 larger [ 1] - 5 : 2 last [5] - 9 : 17, 11 : 20, 19 : 2, 19 : 9, 43 : 23 law [4 ] - 4 : 12 , 7 : 22, 7 : 24 , 8 : 5 least [2 ] - 18 : 18, 26 : 16 leave [2 ] - 26 : 18, 27 : 14 left [3] - 42 : 14 , 44 : 1, 44 : 2 Leon [ 1 ] - 36 : 7 less [ 6] - 8 : 17, 9 : 15, 41 : 6, 41 : 8, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 3 41 : 21 , 42 : level [1 ] - 21 : 12 licensed [1] - 4 : 12 light [1 ] - 41 : 11 likely [ 1] - 16 : 12 Lindblom [2 ] - 2 : 2 , 4 : 18 LINDBLOM [31 ] - 3 : 1, 3 : 6, 3 : 9, 3 : 12, 3 : 14 , 3 : 19, 6 : 23, 7 : 3, 7 : 15, 10 : 11 , 10 : 14 , 16 : 14 , 16 : 21, 19 : 17 , 19 : 23, 20 : 5, 26 : 2 , 27 : 16, 27 : 20, 29 : 20, 30 : 6, 30 : 10, 30 : 13, 32 : 17 , 32 : 24 , DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 4 36 : 5, 45 : 9, 45 : 12 , 45 : 17, 45 : 20, 45 : 23 Lindholm [1] - 4 : 17 Lisa [ 1 ] - 27 : 22 list [2 ] - 40 : 13, 44 : 17 literally [3] - 8 : 10, 18 : 20, 23 : 17 live [ 8 ] - 10 : 17 , 10 : 20, 14 : 17 , 32 : 21 , 36 : 7, 37 : 4 lived [1] - 11 : 15 local [1 ] - 7 : 24 located [3] - 4 : 4, 31 : 5, 31 : 14 look [ 6] - 14 : 13, 16 : 2, 16 : 4 , 16 : 15, 27 : 11 , 44 : 24 looked [ 1] - 42 : 13 looking [5] - 22 : 1 , 26 : 16, 38 : 2, 38 : 9, 39 : 18 losing [2 ] - 44 : 19, 44 : 21 lost [ 1 ] - 44 : 19 lowering [1] - 29 : 16 M MADISON [12 ] - 32 : 20, 33 : 1, 33 : 10, 33 : 13, 34 : 1, 34 : 12, 34 : 16, 35 : 5, 35 : 8, 35 : 13, 35 : 15, 36 : DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 5 Madison [1 ] - 32 : 20 mail [ 1 ] - 7 : 11 Main [7 ] - 4 : 5, 4 : 22, 10 : 17, 14 : 17 , 16 : 1, 16 : 16, 27 : 23 main [2 ] - 5 : 9, 32 : 13 maintain [2 ] - 38 : 8, 39 : 7 maintaining [ 1] - 40 : 7 maintenance [ 1] - 38 : 21 management [1 ] - 37 : 16 Manager [1 ] - 31 : 13 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 6 map [ 1 ] - 16 : 5 marked [ 1] - 24 : 5 Marlys [ 1] - 2 : 14 master [ 1] - 40 : 14 Mayor [1 ] - 41 : 7 mean [5] - 15 : 4, 18 : 10, 27 : 1, 28 : 4, 29 : 8 34 : 16 meantime [ 1 ] - meet [5] - 5 : 19, 9 : 10, 9 : 11 , 38 : 13, 40 : 11 meeting [3] - 7 : 7, 37 : 13, 46 : 4 MEETING [1 ] - 1 : 5 MEMBER [ 1] - 14 : 10 members [1 ] - 31 : 12 memorandum [1 ] - 32 : 12 mentioned [3] - 19 : 3, 19 : 13, 43 : 23 metal [1 ] - 35 : 20 Michael [1 ] - 2 : 4 middle [3] - 23 : 17 , 33 : 19, 34 : 5 32 : 14 might [2 ] - 29 : 3, million [3] - 41 : 14 , 42 : 7, 43 : 9 mine [ 1 ] - 24 : 7 minimum [1 ] - 23 : 15 Minute [ 1] - 2 : 14 model [1 ] - 33 : 22 models [ 1] - DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 6 36 : 24 monetary [ 1] - 18 : 16 money [1 ] - 43 : month [1 ] - 40 : 22 most [ 1 ] - 16 : 11 motion [4 ] - 3 : 2 , 3 : 14, 45 : 13, 45 : 18 motions [1 ] - 45 : 23 move [2 ] - 3 : 4 , 30 : 14 moved [3] - 3 : 9, 45 : 15, 45 : 17 mow [3] - 37 : 1, 38 : 24 , 39 : 7 mowing [ 1] - 40 : 7 MR [195] - 3 : 4 , DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 7 3 : 7, 4 : 9, 7 : 2 , : 4, 7 : 14 , 7 : 17, 7 : 19, 7 : 21, 8 : 4 , 8 : 19, 8 : 20, 8 : 21, 8 : 22, 8 : 23, 9 : 2 , 9 : 6, 9 : 17, 9 : 18, 9 : 19, 9 : 21, 9 : 22, 9 : 24, 10 : 3, 10 : 4, 10 : 6, 10 : 7 , 10 : 9, 10 : 10, 10 : 16, 10 : 19, 10 : 20, 11 : 7, 12 : 3, 12 : 6, 12 : 7, 12 : 11, 12 : 13, 12 : 20, 12 : 23, 13 : 2, 13 : 14 , 13 : 22, 14 : 1, 14 : 4 , 14 : 6, 14 : 7, 14 : 11, 14 : 15, 14 : 21 , 14 : 22 , 14 : 24, 15 : 1, 15 : 3, 15 : 5, 15 : 6, 15 : 10, 15 : 12 , 15 : 15, 15 : 18, 15 : 23, 16 : 7, 16 : 19, 16 : 23, 17 : 3, 17 : 6, 17 : 16, 17 : 18, 17 : 19, 17 : 20, 17 : 24 , 18 : 2, 18 : 3, 18 : 9, 19 : 2, 19 : 5, 19 : 6, 19 : 7, 19 : 12, 19 : 15, 19 : 19, 19 : 20, 19 : 21, 19 : 22 , 20 : 1, 20 : 7, 20 : 18, 20 : 22 , 20 : 24, 21 : 2, 21 : 4 , 21 : 5, 21 : 7, 21 : 11, 21 : 13, 21 : 14, 21 : 19, 21 : 20, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 8 21 : 23, 22 : 2, 22 : 14 , 22 : 19, 23 : 19, 23 : 20, 23 : 21 , 24 : 1, 24 : 2, 24 : 3, 24 : 12 , 24 : 14 , 24 : 16, 24 : 18, 24 : 19, 24 : 20, 25 : 3, 25 : 5, 25 : 6, 25 : 9, 25 : 18, 25 : 20, 25 : 21, 25 : 22 , 25 : 24, 26 : 4, 26 : 7 , DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 30 26 : 12, 26 : 24, 27 : 5, 27 : 17, 27 : 18, 27 : 19, 28 : 4, 28 : 7, 28 : 10, 29 : 8, 29 : 13, 29 : 16, : 4, 30 : 12, 31 : 11, 33 : 8, 33 : 11, 33 : 24, 34 : 11, 34 : 15, 35 : 1, 35 : 6, 35 : 11, 35 : 14, 35 : 24, 36 : 7, 37 : 6, 37 : 7, 37 : 12, 37 : 14, 37 : 17, 37 : 18, 37 : 21, 37 : 22, 38 : 11, 38 : 12, 38 : 15, 38 : 16, 38 : 19, 38 : 20, 39 : 1, 39 : 2, 39 : 22, 40 : 2, 40 : 10, 40 : 15, 41 : 1, 41 : 2, 42 : 12, 42 : 15, 42 : 16, 42 : 18, 42 : 20, 42 : 21, 43 : 7, 43 : 8, 43 : 10, 43 : 11, 43 : 12, 43 : 13, 43 : 16, 43 : 17, 44 : 18, 44 : 23, 45 : 5, 45 : 6, 45 : 7, 45 : 8, 45 : 15, 45 : 16 MS [32] - 3 : 8, 8 : 3, 9 : 5, 15 : 9, 15 : 20, 16 : 2, 16 : 8, 16 : 24, 20 : 3, 27 : 22, 28 : 6, 28 : 9, 28 : 13, 28 : 17, 29 : 12, 29 : 15, 29 : 18, 32 : 20, 33 : 1, 33 : 10, 33 : 13, 34 : 1, 34 : 12, 34 : 16, 35 : 5, 35 : 8, 35 : 13, DepoCourt Reporting Service, Inc . (630) 983-0030 Page 31 35 : 15, 36 : 4, 44 : 16, 44 : 22 , 45 : 4 N name [8 ] - 4 : 10, 7 : 4 , 19 : 23, 20 : 4 , 20 : 5, 27 : 14, 32 : 19, 32 : 20 natural [1 ] - 5 : 8 nature [ 1] - 7 : 8 near [ 1 ] - 13 : 6 necessarily [ 1] - 20 : 18 need [ 6] - 18 : 2, 25 : 11 , 25 : 14, 26 : 10, 36 : 13, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 32 needs [1 ] - 6 : 13 negative [7 ] - 40 : 17 , 40 : 19, 42 : 4, 42 : 9, 42 : 10, 42 : 24, 44 : 8 neighborhood [2 ] - 11 : 12 , 22 : 10 net [2 ] - 32 : 4 , 44 : 5 never [7 ] - 17 : 22, 19 : 6, 19 : 14, 28 : 23, 32 : 22 , 42 : 16, 44 : 14 news [ 1 ] - 14 : 5 7 : 22 newspaper [ 1 ] - next [2 ] - 17 : 3, 37 : 13 nice [2 ] - 19 : 11, 39 : 16 nicely [ 1] - 23 : 20 night [2 ] - 28 : 19, 29 : 6 Noble [1 ] - 2 : 12 NOBLE [11] - 8 : 3, 9 : 5, 15 : 9, 15 : 20, 16 : 2, 16 : 8, 16 : 24 , 20 : 3, 44 : 16, 44 : 22, 45 : 4 nobody [2 ] - 15 : 14 , 39 : 18 non [2 ] - 6 : 7 , 9 : 9 non-conforming [2 ] - 6 : 7, 9 : 9 none [4 ] - 40 : 6, 43 : 14 , 45 : 13, 45 : 20 North [1 ] - 31 : 14 north [5] - 17 : 16, 23 : 1, 31 : 6, 33 : 5, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 33 33 : 11 north/south [2 ] - 5 : 11, 23 : 10 northwest [ 1 ] - 33 : 6 notch [2 ] - 26 : 22, 28 : 7 note [2 ] - 40 : 11 , 45 : 5 notes [1 ] - 47 : 9 notice [2 ] - 4 : 19, 8 . 1 notification [1 ] - 7 : 10 notified [1] - 19 : 12 notify [ 1] - 8 : 6 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 34 1 : 14 November [ 1] - number [2 ] - 6 : 1, 41 : 10 numbers [2 ] - 10 : 2, 41 : 13 0 observing [ 1 ] - 16 : 9 obviously [ 1 ] - 26 : 8 OF [3] - 1 : 2, 47 : 1, 47 : 2 often [1 ] - 27 : 2 old [5] - 14 : 2 , 14 : 8, 34 : 19, 34 : 20, 34 : 21 older [1 ] - 14 : 11 once [4 ] - 12 : 19, 39 : 24 , 43 : 24, 45 : 12 One [2 ] - 4 : 1, 4 : 2 one [29] - 5 : 4 , 7 : 6, 7 : 20, 9 : 15, 11 : 11 , 14 : 4 , 16 : 10, 16 : 11 , 17 : 12 , 17 : 13, 17 : 14 , 17 : 18, 17 : 23, 18 : 5, 19 : 7, 19 : 11, 20 : 1, 20 : 11, 22 : 24 , 27 : 12, 27 : 22 , 28 : 19, 34 : 4, 34 : 22, 43 : 22 37 : 23, 42 : 6, One-Family [2 ] - 4 : 1, 4 : 2 one-half [4 ] - 17 : 12 , 17 : 13, 17 : 14 , 17 : 23 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 35 ones [ 1 ] - 26 : 9 opposed [1 ] - 3 : 12 opposite [1] - 24 : 7 Orchid [2] - 33 : 7, 36 : 8 ordinance [ 6] - 5 : 17, 7 : 24 , 8 : 5, 9 : 4 , 9 : 10, 25 : 4 organizations [1 ] - 39 : 9 orient [ 1] - 5 : 3 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 36 orientation [ 1] - 24 : 4 oriented [4 ] - 16 : 9, 16 : 10, 16 : 11 , 24 : 13 original [4 ] - 12 : 2 , 33 : 21, 47 : 17 outcome [1 ] - 47 : 15 overall [2 ] - 16 : 5, 32 : 7 overgrown [ 1 ] - 11 : 16 overhead [1] - 10 : 18 own [3] - 13 : 5, 13 : 13, 13 : 23 owner [1 ] - 17 : 12 owner ' s [1 ] - 39 : 8 owners [5] - 5 : 1, 8 : 1, 8 : 9, 17 : 14 , 18 : 3 owns [ 1 ] - 39 : 19 P p .m [1 ] - 1 : 15 Pages [1 ] - 47 : 7 parcels [1 ] - 3 : 24 part [3] - 5 : 24, 14 : 8, 44 : 6 parties [2 ] - 47 : 13, 47 : 14 passes [2] - 3 : 14, 45 : 23 path [ 1 ] - 44 : 6 Paul [ 1 ] - 7 : 4 pay [1 ] - 15 : 7 paying [ 1] - 18 : 6 PC [2 ] - 3 : 20, 30 : 15 people [ 15] - 8 : 6, 24 : 10, 34 : 17, 36 : 2, 36 : 3, 36 : 17 , 37 : 4 , 37 : 18, 37 : 19, 38 : 24 , 39 : 17 , DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 37 39 : 23, 40 : 7 per [3] - 32 : 9, 41 : 8 percent [2 ] - 18 : 18, 32 : 10 perhaps [2 ] - 25 : 12 , 25 : 19 permit [3] - 9 : 8, 15 : 11 , 15 : 16 permits [1 ] - 10 : 7 Peter [1 ] - 20 : 7 petition [ 1] - 30 : 8 petitioner [3] - DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 38 4 : 8, 30 : 15, 31 : 10 petitioners [2] - 3 : 21, 4 : 13 piece [3] - 13 : 19, 35 : 20, 39 : 10 PIERCE [25] - 33 : 8, 33 : 11, 36 : 7, 37 : 7 , 37 : 14 , 37 : 18, 37 : 22 , 38 : 12 , 38 : 16, 38 : 20, 39 : 2, 40 : 2 , 40 : 15, 41 : 2, 42 : 15, 42 : 18, 42 : 21, 43 : 8, 43 : 11 , 43 : 13, 43 : 17 , 44 : 18 , 44 : 23, 45 : 6, 45 : 8 Pierce [ 1] - 36 : 7 pipe [ 1 ] - 12 : 7 place [3] - 24 : 23, 42 : 23, 47 : 10 places [ 1] - 16 : 15 PLAN [1 ] - 1 : 5 Plan [ 1 ] - 18 : 15 plan [4 ] - 17 : 5, 22 : 17 , 24 : 6, 27 : 11 30 : 21 Planned [1 ] - 30 : 24 planned [1 ] - planning [1] - 35 : 9 planting [2 ] - 44 : 10, 44 : 13 plat [5] - 6 : 9, 6 : 19, 10 : 7, 30 : 18, 30 : 22 platted [4 ] - 8 : 13, 29 : 11 , 32 : 2, 35 : 11 platting [2 ] - 30 : 24 , 35 : 10 plot [3] - 22 : 16, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 39 38 : 10, 41 : 8 plots [1 ] - 38 : 16 plow [ 1 ] - 36 : 17 plowed [ 1] - 41 : 10 plus [ 1 ] - 44 : 7 point [ 6] - 13 : 14 , 16 : 6, 39 : 12, 40 : 8, 40 : 16, 41 : 7 pointing [1] - 18 : 13 portion [4 ] - 30 : 20, 31 : 3, 31 : 22 , 46 : 3 positions [ 1 ] - 39 : 18 positive [4 ] - 6 : 4, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 40 6 : 17, 31 : 20, 45 : 1 post [ 1 ] - 7 : 23 posted [2 ] - 19 : 3, 19 : 7 postmaster [2 ] - 15 : 22 , 17 : 1 potatoes [ 1] - 8 : 16 potential [2 ] - 8 : 7 , 42 : 4 pound [1 ] - 8 : 16 pounds [ 1] - 8 : 16 practice [1] - 4 : 12 11 : 15 preaching [ 1 ] - preliminary [2 ] - 6 : 9, 6 : 18 PRESENT [2 ] - 2 : 1, 2 : 11 44 : 11 present [2 ] - 3 : 16, presentable [2 ] - 37 : 3, 38 : 4 presented [2] - 40 : 17 , 42 : 23 presenting [1 ] - 4 : 7 president [ 1 ] - 36 : 8 44 : 24 pretty [2 ] - 11 : 18, prevent [1 ] - 26 : 6 price [2 ] - 18 : 19, 34 : 12 problem [11 ] - 6 : 14, 13 : 16, 20 : 15, 20 : 16, 26 : 14 , 29 : 9, 29 : 24 , 30 : 1, 30 : 3, 33 : 2 , 36 : 16 problems [2 ] - DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 41 29 : 3, 29 : 21 proceedings [2 ] - 46 : 2, 47 : 5 Proceedings [ 1] - 47 : 7 Prochaska [ 1] - 2 : 7 produce [1 ] - 41 : 20 project [1 ] - 12 : 5 properly [1] - 14 : 3 property [25] - 4 : 3, 4 : 15, 4 : 19, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 42 4 : 21, 5 : 23, 8 : 2, 11 : 1, 12 : 9, 12 : 13, 14 : 2, 17 : 12, 18 : 16, 19 : 4, 23 : 4, 26 : 6, 31 : 3, 31 : 17, 36 : 24, 38 : 24, 39 : 8, 39 : 10, 40 : 5, 41 : 15, 41 : 17 propose [2] - 5 : 2, 5 : 13 proposed [2] - 12 : 5, 31 : 1 21 : 15 prove [2 ] - 9 : 13, provide [1] - 5 : 7 provided [1] - 4 : 21 provision [1] - 18 : 10 PUBLIC [1] - 1 : 6 public [10] - 3 : 2 , 3 : 4, 3 : 20, 4 : 19, 7 : 7, 10 : 1, 30 : 14 , 45 : 14, 45 : 24 , 46 : 3 publication [1] - 7 : 23 publish [1] - 18 : 17 PUD [2] - 31 : 21, 32 : 3 pull [2] - 25 : 12 , 26 : 10 pulling [1] - 26 : 10 Pulte [8] - 30 : 15, 31 : 13, 36 : 21, 36 : 24, 37 : 10, 38 : 7, 41 : 2, 44 : 2 punch [1] - 44 : 17 purchasing [1] - 4 : 15 purpose [1] - 30 : 24 put [16] - 8 : 15, 10 : 18, 10 : 23, DepoCourt Reporting Service, Inc . (630) 983-0030 Page 43 12 : 4, 13 : 18, 19 : 19, 22 : 1, 24 : 5, 24 : 8, 33 : 19, 34 : 2, 36 : 12 , 36 : 21, 36 : 22 , 38 : 5, 44 : 11 putting [1 ] - 34 : 4 4 quad [1 ] - 10 : 5 questions [ 11 ] - 6 : 21, 7 : 6, 7 : 18, 10 : 12 , 19 : 22 , 30 : 7, 32 : 14, 32 : 17 , 36 : 6, 36 : 10, 45 : 10 quite [3] - 6 : 1, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 44 22 : 23, 23 : 6 R R-2 [ 1 ] - 4 : 2 R1 [7 ] - 4 : 1, 6 : 5, 6 : 7 , 8 : 12, 8 : 24 , 9 : 2 , 9 : 8 R2 [5] - 5 : 17, 6 : 8, 9 : 1, 10 : 2, 10 : 7 R3 [1 ] - 10 : 2 R4 [1 ] - 10 : 2 rains [1 ] - 20 : 10 raise [1 ] - 3 : 16 raised [ 1] - 20 : 9 ran [ 1] - 12 : 7 ranch [1 ] - 22 : 11 ranches [1 ] - 22 : 8 rather [4 ] - 8 : 15, 9 : 15, 32 : 1, 40 : 3 re [3] - 30 : 24 , 31 : 24 , 35 : 10 re-platting [2 ] - 30 : 24 , 35 : 10 re-subdivided [1] - 31 : 24 read [ 1 ] - 3 : 20 real [2 ] - 4 : 3, 31 : 3 realize [1 ] - 34 : 14 really [ 6] - 11 : 14, 21 : 11 , 23 : 1, 29 : 14 , 40 : 18 23 : 16 rear [2 ] - 23 : 14 , reason [2 ] - 22 : 24 , 26 : 24 reasons [1 ] - 17 : 8 rebar [1 ] - 35 : 19 received [1] - 7 : 10 recommendatio n [5] - 6 : 4, 6 : 17 , DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 45 31 : 20, 39 : 2 recommendatio ns [2 ] - 6 : 15, 6 : 16 record [3] - 3 : 19, 4 : 9, 4 : 14 rectify [1 ] - 12 : 4 redo [ 1 ] - 43 : 4 refer [1 ] - 32 : 15 related [3] - 30 : 21 , 47 : 12, 47 : 13 relative [1 ] - 7 : 1 repaved [1 ] - 20 : 10 replace [1 ] - 12 : 18 replanted [ 1 ] - 44 : 15 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 46 Report [ 1] - 47 : 7 reported [1] - 47 : 5 REPORTER [1 ] - 23 : 23 Reporter [1 ] - 47 : 4 represent [ 1 ] - 4 : 13 reproduced [1 ] - 47 : 20 request [1 ] - 17 : 11 requested [ 1 ] - 31 : 4 requesting [2 ] - 3 : 23, 30 : 17 requirements [1 ] - 5 : 20 Residence [2 ] - 4 : 1, 4 : 2 residential [ 1] - 8 : 9 responders [1 ] - 17 : 2 response [4 ] - 3 : 13, 30 : 9, 45 : 11 , 45 : 19 responsibility [3] - 39 : 21 , 40 : 1, 47 : 20 responsible [2 ] - 36 : 14 , 39 : 20 result [3] - 32 : 3, 40 : 22 , 43 : 23 retaining [ 1 ] - 44 : 3 reviewed [1] - 41 : 3 rezone [ 1] - 6 : 5 rezoning [ 1 ] - DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 47 3 : 23 rid [ 1 ] - 18 : 12 river [3] - 10 : 21, 13 : 1, 16 : 16 road [2 ] - 38 : 21, 40 : 9 Road [4 ] - 1 : 10, 4 : 5, 31 : 7, 31 : 15 roads [1 ] - 41 : 9 rooftops [1 ] - 13 : 18 Roselle [1 ] - 31 : 14 rotted [ 1] - 12 : 19 rough [1 ] - 24 : 15 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 48 Route [1 ] - 31 : 7 run [4 ] - 10 : 24, 13 : 20 11 : 5, 12 : 16, run-off [3] - 10 : 24 , 11 : 5, 13 : 20 runs [ 1 ] - 12 : 10 S sack [ 1 ] - 8 : 16 SALLE [1 ] - 47 : 2 Sanders [1 ] - 7 : 5 5 : 15 sanitary [2 ] - 5 : 9, sat [ 1 ] - 6 : 1 saw [2 ] - 19 : 6, 19 : 14 Schaumburg [1 ] - 31 : 15 SCHILLINGER [39] - 10 : 16, 10 : 20, 12 : 3, 12 : 7, 12 : 13, 12 : 23, 13 : 14, 14 : 1, 14 : 6, 14 : 15, 14 : 22 , 15 : 1, 15 : 5, 15 : 12 , 15 : 18, 15 : 23, 16 : 7, 16 : 19, 16 : 23, 17 : 3, 17 : 16, 17 : 19, 17 : 24, 18 : 3, 19 : 2 , 19 : 6, 19 : 12 , 19 : 20, 21 : 13, 25 : 21, 27 : 22 , 28 : 6, 28 : 9, 28 : 13, 28 : 17 , 29 : 12 , 29 : 15, 29 : 18, 30 : 4 Schillinger [2 ] - 10 : 17 , 27 : 23 school [4 ] - 34 : 7, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 1 34 : 22 , 35 : 23, 36 : 19 schools [4 ] - 41 : 18, 41 : 19, : 5, 43 : second [ 8] - 3 : 6, 3 : 7 , 3 : 8, 7 : 20, 8 : 21, 28 : 17, 30 : 14 , 45 : 16 seconded [2 ] - 3 : 9, 45 : 17 see [10 ] - 10 : 1, 16 : 17 , 18 : 11, 22 : 10, 22 : 14, 30 : 5, 33 : 5, 34 : 4 , DepoCourt Reporting Service, Inc . 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( 630) 983-0030 Page 3 23 : 14 , 24 : 8, 25 : 22 , 44 : 4 sidewalk [3] - 34 : 6, 34 : 23, 35 : 21 sidewalks [3] - 36 : 12 , 36 : 15, 36 : 17 sign [3] - 7 : 24, 19 : 3, 19 : 14 signature [ 1 ] - 6 : 14 signed [ 1] - 47 : 18 signify [2 ] - 3 : 10, 45 : 21 signs [2 ] - 19 : 3, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 4 38 : 5 single [ 14 ] - 6 : 5, 9 : 23, 10 : 8, 31 : 1, 31 : 24 , 32 : 6, 33 : 2, 33 : 18, 33 : 19, 34 : 4, 34 : 9, 34 : 13, 35 : 10, 35 : 17 sit [ 1 ] - 27 : 10 site [4 ] - 11 : 23, 13 : 23 12 : 1, 12 : 22, size [ 1 ] - 21 : 24 sized [1 ] - 23 : 18 slight [2 ] - 13 : 4 , 26 : 17 slightly [ 1] - 4 : 22 small [4 ] - 6 : 6, 6 : 10, 8 : 13, 29 : 14 smaller [3] - 4 : 20, 5 : 3, 9 : 6 snow [2 ] - 36 : 16, 36 : 20 so . . [ 1 ] - 29 : 7 sod [2 ] - 39 : 14, 39 : 15 sodded [ 1] - 39 : 14 soil [ 1 ] - 13 : 17 solution [3] - 12 : 12 , 37 : 10, 37 : 11 someplace [ 1 ] - 19 : 10 sometimes [ 1 ] - 9 : 24 Somonauk [1] - 22 : 5 soon [ 1 ] - 44 : 1 sorry [7 ] - 4 : 18, 17 : 16, 17 : 17 , 20 : 7, 21 : 4 , 23 : 24 , 24 : 1 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 5 sort [4 ] - 12 : 24 , 21 : 24 , 22 : 16, 22 : 18 sounds [ 1] - 37 : 21 south [7 ] - 4 : 5, 4 : 22, 17 : 4 , 17 : 15, 22 : 5, 23 : 1, 31 : 7 South [1 ] - 4 : 11 southwest [ 1 ] - 33 : 6 spec [ 1 ] - 22 : 12 square [3] - 5 : 19, 23 : 12 , 23 : 18 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 6 SS [1 ] - 47 : 1 St [2 ] - 13 : 20, 20 : 8 ST [24 ] - 19 : 22, 20 : 1, 20 : 7 , 20 : 22 , 21 : 2, 21 : 5, 21 : 11, 21 : 19, 21 : 23, 22 : 14 , 23 : 19, 23 : 21 , 24 : 1, 24 : 3, 24 : 14, 24 : 18, 24 : 20, 25 : 5, 25 : 9, 25 : 20, 25 : 24, 27 : 18 26 : 7, 26 : 24, Staff [3] - 6 : 11, 6 : 12, 32 : 12 32 : 19 stand [2 ] - 3 : 16, start [1 ] - 7 : 14 starts [ 1] - 22 : 13 state [5] - 4 : 12 , 7 : 24, 8 : 5, 20 : 3, 32 : 19 STATE [1 ] - 47 : 1 statute [2 ] - 17 : 10, 18 : 10 stay [ 1 ] - 28 : stays [1 ] - 44 : 6 Steve [1 ] - 4 : 14 Steven [ 1] - 3 : 21 sticks [ 1] - 35 : 20 still [1 ] - 19 : 17 storm [4 ] - 11 : 11, 12 : 2, 12 : 4 , 12 : 24 story [1 ] - 22 : 8 Street [ 12 ] - 3 : 24, 4 : 5, 4 : 11, 4 : 22 , 11 : 1, 14 : 18, 16 : 1, 16 : 16, 20 : 21, 22 : 5, 25 : 1, 36 : 8 street [ 9] - 11 : 14, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 7 13 : 8, 16 : 1, 20 : 10, 20 : 11 , 21 : 1, 21 : 21, 26 : 8, 33 : 14 streets [1 ] - 24 : 9 strictly [ 1 ] - 12 : 22 structure [ 1 ] - 27 : 3 students [3] - 41 : 21 , 41 : 23, 42 : 3 stuff [2 ] - 38 : 3, 43 : 4 subdivided [1 ] - 31 : 24 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 8 subdivision [ 6] - 6 : 10, 9 : 3, 30 : 18, 30 : 19, 30 : 22 , 31 : 6 28 : 11 subdivisions [1 ] - subject [1 ] - 6 : 16 submitted [ 1 ] - 32 : 12 suggest [1 ] - 16 : 14 suggestion [1 ] - 39 : 3 suit [2 ] - 47 : 13, 47 : 14 supposed [4 ] - 7 : 22, 7 : 23, 8 : 1, 19 : 13 suspect [2 ] - 22 : 9, 24 : 12 swept [1 ] - 41 : 10 sworn [1 ] - 3 : 18 system [2 ] - 11 : 11, 12 : 2 T Taker [1 ] - 2 : 14 taxes [1 ] - 41 : 17 teachers [1] - 41 : 19 ten [4 ] - 8 : 15, 41 : 14 26 : 8, 40 : 5, terms [2 ] - 5 : 16, 6 . 7 testimony [ 1 ] - 48 : 1 THE [1] - 23 : 23 theoretically [1 ] - 29 : 13 thereof [2 ] - 47 : 15, 47 : 18 they 've [3] - 18 : 17 , 18 : 18, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 9 18 : 23 thinking [ 1 ] - 25 : 13 three [17] - 3 : 24, 4 : 20, 5 : 3, 6 : 6, 6 : 8, 9 : 9, 19 : 15, 22 : 5, 29 : 14, 33 : 15, 34 : 19, 37 : 24 , 41 : 19, 41 : 22 , 41 : 24, 44 : 14 , 44 : 20 three-year [1 ] - 34 : 19 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 10 throughout [1 ] - 23 : 6 title [1] - 4 : 14 today [1 ] - 20 : 14 Tom [ 1 ] - 2 : 2 tonight [4 ] - 26 : 19, 27 : 15, 31 : 16, 31 : 19 top [ 1 ] - 24 : 9 topo [3] - 11 : 18, 24 : 17 , 26 : 15 total [2 ] - 4 : 4, 32 : 6 totally [2 ] - 28 : 20, 29 : 5 touch [1] - 13 : 8 town [2 ] - 11 : 20, 22 : 4 townhome [2 ] - 31 : 1, 32 : 5 townhomes [ 16] - 32 : 1, 32 : 22, 34 : 2, 34 : 3, 34 : 5, 34 : 10, 34 : 13, 35 : 12 , 35 : 17, 37 : 3, 38 : 14, 40 : 18, 41 : 21, 41 : 22 , 42 : 14 trail [2 ] - 39 : 13, 43 : 21 26 : 10 trailer [2 ] - 25 : 12, transcript [2 ] - 47 : 9, 47 : 18 tree [ 1 ] - 44 : 10 trees [4 ] - 44 : 13, 44 : 20, 44 : 24 tried [1 ] - 12 : 4 13 : 10 triplex [2 ] - 10 : 5, trouble [1 ] - 29 : 6 truck [2 ] - 28 : 23, 29 : 5 trucks [ 1] - 29 : 4 true [3] - 40 : 19, 45 : 4, 47 : 8 truly [2 ] - 18 : 21, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 11 45 : 7 try [3] - 8 : 15, 11 : 23, 18 : 20 trying [3] - 28 : 21 , 37 : 5, 39 : 19 turn [2 ] - 14 : 19, 25 : 14 turn-around [ 1] - 25 : 14 turned [ 1] - 28 : 24 two [ 15] - 5 : 2 , 5 : 4 , 5 : 13, 6 : 3, 6 : 8, 6 : 10, 7 : 6, 9 : 20, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 12 13 : 18, 13 : 19, 22 : 8, 38 : 16, 44 : 13 38 : 18, 39 : 9, two-story [ 1 ] - 22 : 8 type [ 1 ] - 9 : 3 U U-shape [2 ] - 13 : 3, 13 : 7 22 : 12 ultimate [ 1] - under [3] - 7 : 21 , 47 : 19, 47 : 21 undeveloped [ 1] - 6 . 1 UNIDENTIFIED [1 ] - 14 : 10 39 : 16 uniform [1 ] - Unit [4 ] - 30 : 19, 30 : 21 , 30 : 22 , 31 : 22 unit [ 1 ] - 33 : 12 UNITED [ 1] - 1 : 2 United [2 ] - 3 : 22, 30 : 16 units [11] - 31 : 1, 31 : 2, 32 : 4 , 32 : 6, 32 : 9, 40 : 21, 40 : 23, 41 : 6, 41 : 12 unless [ 1] - 9 : 13 unlike [ 1] - 39 : 12 unusual [1 ] - 23 : 6 up [22 ] - 4 : 16, 10 : 18, 12 : 6, 13 : 4, 13 : 10, 13 : 15, 15 : 21, 20 : 12 , 21 : 8, 21 : 12 , 25 : 12, 26 : 11 , 28 : 20, 37 : 11 , 38 : 5, 38 : 10, 38 : 13, 38 : 22 , 39 : 8, DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 13 39 : 21 , 40 : 5, 40 : 8 utility [2 ] - 5 : 7, 23 : 3 V vacate [5] - 17 : 9, 17 : 10, 17 : 21 , 18 : 4, 18 : 22 vacated [2 ] - 17 : 5, 17 : 11 valuable [1] - 18 : 23 value [2 ] - 18 : 16, 41 : 15 variance [1] - 9 : 13 vary [ 1 ] - 8 : 11 vehicle [1 ] - 26 : 8 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 14 vehicles [2 ] - 16 : 20, 28 : 22 velocity [1] - 21 : 16 Verne [7 ] - 3 : 20, 4 : 15, 11 : 19, : 5, 17 : 24, 19 : 1, 22 : 2 Village [1 ] - 25 : 8 Vitosh [2 ] - 47 : 3, 48 : 6 volume [ 1] - 21 : 16 W walk [3] - 34 : 7, 34 : 17 , 36 : 19 walking [1 ] - 43 : 21 walks [2 ] - 34 : 21 wall [ 1 ] - 44 : 3 washes [ 1] - 11 : 1 water [4 ] - 5 : 15, 26 : 17 20 : 11 , 20 : 19, Weaver [ 1] - 2 : 8 WEAVER [ 1] - 3 : 7 1 : 14 Wednesday [ 1 ] - weeds [4 ] - 33 : 16, 37 : 7, 38 : 3, 38 : 6 19 : 16 weeks [2 ] - 19 : 9, welcome [1 ] - 43 : 12 west [4 ] - 4 : 23, 5 : 5, 33 : 5, 33 : 12 whereas [1 ] - 9 : 10 whereof [1 ] - 48 : 1 wide [1 ] - 26 : 8 DepoCourt Reporting Service, Inc . ( 630) 983-0030 winds [1] - 19: 9 Winninger [1] - 2 : 9 winter [1] - 36:15 wishes [1] - 3 : 15 witnesses [1] - 3 : 18 wondering [2] - 22 : 16, 25:16 wooded [1] - 11 : 14 words [2] - 11 :24, 17 : 13 world [1] - 43 : 12 2 8 : 2 0 worried [1] - worse [3] - 13 : 11, 20 :17, 30 :5 Worsley [18] - 3 :24, 4 :5, 4 :23, 5 :5, 11 : 1, 12 : 8, 14 : 9, 14 : 10, 14 : 18, 15:24, 16: 11, 16: 12, 20 : 8, 20 :20, 24 : 9, 24 :24, 28 : 1 worth [1] - 41 : 15 Y yard [4] - 11 :2, 12 : 10, 23:14 year [4] - 34 :19, 43 : 23 34 :20, 34 :21, years [22] - 5 : 12, 6:2, 10 :22, 10 :23, 11 :20, 12 :3, 18 : 4, 22 :3, 27 : 1, 30 : 1, 33: 16, 37 :24, 38 :2, 38 :3, 39: 17, 40 :5, 44 :14, 44 : 19, 44 :20, 44 :21, 44 :23, 45 : 1 YORKVILLE [2] - 1 :2, 1 :3 Yorkville [10] - 1 : 11, 3:22, 4 : 6, 4 : 11, 7 :5, 20 : 8, 25:3, 25 : 7, 30 : 17, 31: 8 35 : 21 young [2] - 32 : 18, Young [1] - 2 :14 DepoCourt Reporting Service, Inc . (630) 983-0030 CO .("TIFF IJl�--_-OF KEND�L1,i / _=--- -~ Kendall County Regional Planning Commission Ry 19 1841 ,i.FFR -� l 11 West Fox Street • Rooms 209 & 210 • Yorkville, IL • 60560 -7 V Kendall County Regional Planning Commission Annual Meeting Saturday, February 4, 2012 9:00 AM County Board Room (Rooms 209-210) 111 West Fox Street Yorkville, IL 60560 Happy New Year! The Kendall County Regional Planning Commission is pleased to announce its annual meeting will take place on Saturday, February 4, 2011 at 9:00am. One of the main objectives of this meeting is to give the public and any other interested parties an opportunity to comment on the County's existing Land Resource Management Plan (LRMP) and to make suggestions and recommendations on proposed changes or modifications. As always, refreshments will be provided. The Annual Meeting is also an opportunity for the Planning, Building and Zoning Department (PBZ) Staff to provide the Plan Commission and interested members of the public with an overview of the department's activities and accomplishments during the previous calendar year. The PBZ department also presents the Commission with an overview of the goals and objectives for the coming year. Like last year, we are extending an invitation to all townships, communities, fire districts, school districts, nearby counties, and non profit organizations to share with everyone the planning activities they are working on in their jurisdictions. Copies of any land use plans or plan updates that are currently being worked on or recently completed will be welcomed to be shared. The agenda for the annual meeting will be available on our website at http:l/www.co.kendall.il.us/zoning/KCRPC 2012 html. For additional information, please contact the Kendall County Planning, Building and Zoning Department at (630) 553-4141 . We hope to see you on February 4th! KENDALL COUN'T'Y _ . REGIONAL PLANNING COMMISSION ANNUAL MEETING r•�' 111 West Fox Street • Rooms 209 and 210 •Yorkville, IL 60560 i AGENDA February 4, 2012—9:00 a.m. I. Call to Order II. KCRPC Roll Call Randy Mohr(Chair), Bill Ashton, Larry Nelson, Claire Wilson, William Lavine, Walter Werderich, Tim Sidles, Tom Casey, Budd Wormley, and Tom Martin III. Welcoming Remarks Randy Mohr, KCRPC Chairman IV. Approval of Agenda V. 2011 PBZ Projects Summary Angela Zubko, Senior Planner VI. Future 2012 PBZ Projects John N. Sterrett, Associate Planner VII. Introduction to the Lower Fox River Study Group John Church, Conservation Foundation Vlll. Proposed $ Completed Projects from Municipalities & other Counties Municipal/County Staff in Attendance IX. Requests for Plan Amendments Residents of Kendall County X. Old Business XI. New Business XII. Other Business XIII. Public Comment XIV. Adjournment Memorandum EST. 1836 To: Plan Commission --� From: Krysti J. Barksdale-Noble, Community Development Director p CC: Bart Olson, City Administrator Date: February 2, 2012 <kE Subject: Eldamain Road Extension—Traffic Noise Analysis & Anticipated Project Impact to Undeveloped Residential Land Uses Project Background Eldamain Road is a county road and serves as the physical boundary between Yorkville (east) and Plano (west). Yorkville currently has a boundary agreement with Plano, executed in 1999 (recorded 2001) and amended in 2005, which governs future land use and annexation of unincorporated properties within 1.5 miles of their respective corporate limits. Approximately six (6) years ago, Kendall County took jurisdiction over all of Eldamain Road to forward its transportation plan to reconstruct, reconfigure and extend Eldamain Road from US 34 south to Walker Road; making Eldamain Road a major north/south collector roadway in Kendall County similar to Orchard Road. The proposed Eldamain Road Extension and Bridge project will consist of upgrading the existing road between US 34 south to River Road and constructing a new road extending across the Fox River to Walker Road. The new road alignment will travel southward along Highpoint Road, intersect with IL 71 and continue southeast along Lisbon Road where it will terminate at Walker Road. Eldamain Road will remain a two-lane roadway between US 34 and River Road and maintain its existing intersections will all local roads and streets. However, the proposed extension of Eldamain will provide for new intersections at nodes where it crosses existing local routes. A multi-use path is also proposed as part of the new Eldamain Road Bridge construction for pedestrian and bicycling access. The reconstruction of Eldamain Road would provide an alternate route for semi-truck traffic currently using Rte. 47. Yorkville has approximately 11,290 lineal feet of frontage along Eldamain Road, and entered into an intergovernmental agreement with the County and Plano in 2010 regarding the repayment of its $2.1 million share for the road reconstruction project through the collection of recapture payments from future annexed properties located along the roadway based on a per lineal foot fee with the potential for a reduction in recapture costs per lineal foot should federal or state grant funds be allocated for the reconstruction of Eldamain Road. Traffic Noise Model Analysis As part of the Eldamain Road Extension plan, Kendall County hired Hampton, Lenzini and Renwick, Inc. as consulting engineers who also conducted roadway impact analyses. The attached letter from the County's consultant engineer dated December 14, 2011 details their traffic noise analysis and the anticipated impact the project would have on undeveloped land within a certain distance zoned for future residential use. The noise receptors used in the traffic model, which indicated decibel levels that met or exceeded the Noise Abatement Criteria (NAC) for residential areas, are shown on the attached maps and indicted as Ra, Rb, Rc, Rd, Re, Rf and Rg. Noise levels that meet or exceed 67decibals are considered not suitable for residences, schools, churches, hospitals, etc. and should not be constructed within the impact zone. Staff Comments Staff has reviewed the locations of the noise receptors and compared it with our Future Land Use designations and prepared the following table: Receptor Location Future Land Use Future Development Designation Ra SE corner of Eldamain&Rte. 34 Commercial Cobblestone Commons Rb City of Plano --- --- Rc NE corner of Eldamain&River Road Estate Neighborhood Not Annexed Rd&Re North of Fox Road&West of Hoover Suburban Neighborhood Fox River Bluffs Educational Center Rf&Rg I SW quadrant of Hi h oint&Lisbon I Estate Neighborhood Not Annexed As you can see, receptors Rc — Rg are in areas designated for future residential development (refer to attached Development Map), with Rd & Re being currently annexed and having an approved development plan. Staff is providing this for informational purposes and seeking input from the Plan Commission regarding the findings of this study and potential implications to planned future residential development in the area. t 10 Hampton, Lenzini and Renwick, Inc. Civil Engineers •Structural Engineers • Land Surveyors r� - www.hirengineering.com December 14, 2011 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Eldamain Road Extension Undeveloped Lands —Traffic Noise Levels Dear Ms. Barksdale-Noble: A noise analysis was conducted along the proposed Eldamain Road Extension between U.S. 34 and Walker Road in Kendall County, Illinois. The Illinois Department of Transportation (IDOT) and Federal Highway Administration (FHWA) noise policy was followed. Twenty-two noise- sensitive receptors were selected and modeled using Traffic Noise Model (TNM) Version 2.5. There are several areas along the proposed Eldamain Road Extension that are undeveloped, zoned as future residential but have not been permitted. For this analysis, these areas have been designated as Ra through Rg and have been modeled to determine where impacts are expected to occur for future land use planning. Receptors Ra, Rb, Rc, Rd, Re, Rf and Rg are shown on the attached exhibit. Rb is located within the City of Plano and the remaining receptors are located in the City of Yorkville. The distance from the proposed roadway where impacts did occur was determined for future land use considerations. This impact area, shown below in Table 1, meets or exceeds the Noise Abatement Criteria (NAC) criteria for residential areas of 67 dBA. The NAC is established by the FHWA and is defined as the level at which a traffic impact occurs. TABLE 1 - NOISE IMPACT AREA Receptor Feet From Existing Centerline Ra 105' Rb 105' Rc 135' Rd 145' Re 145' Rf 29' Rg 29' 380 Shepard Drive 3085 Stevenson Drive, Suite 201 Elgin, Illinois 60123-7010 Springfield, Illinois 62703 Tel, 847-697-6700 Tel. 217-546-3400 Fax 847-697-6753 Fax 217-546-8116 Ms. Krysti Barksdale-Noble United City of Yorkville December 14, 2011 Page 2 The impact area adjacent to Ra and Rb includes all land within the 105 feet of existing centerline of Eldamain Road. The impact area adjacent to Rc includes all land within the 135 feet of existing centerline of Eldamain Road. The impact area adjacent to Rd and Re includes all land within the 145 feet of proposed centerline of Eldamain Road. The impact area adjacent to Rf and Rg includes all land within the 29 feet of proposed centerline of Eldamain Road. These distances are to be used for future land use planning to ensure that sensitive receptors, such as residences, schools, churches, hospitals, etc., are not constructed within the impact zone. These distances are based on 2040 traffic projections. If you have any questions please call me at (847) 997-1211. Yours truly, HAMPTON, LENZINI AND RENWICK, INC. } By. 1 Erica Spolar Environmental Engineering Manager EES:dlh Enclosures cc: Fran Klaas, Kendall County Roger Blakley, IDOT District 3 P�\03\03060016\do6\phase 1\Reports�Noise\Local official letter.doc 34 BRA ~ ter r�7t. l !Fern, ScheeferL' IL 47 BRIDGE 7- Blackhawk-�; Rc Q� Subat F.P. — ... _I 34 DRIVE BRIDGE al Rd -, Re • .- . Rd. .., Silver Sprfngs Sate Pant �'( Fp* - 1 Kendall unds County Falrgm , PROPOSED ELDAMAIN ROAD � � - 1 "' E NSION t L 8 „ 71 Flo Rd. Rd. Ament i 1 Otis 1 x /1 3 17 Hollen[iacW ,_ r Sugarbtush � �Rf tea• Est � �, — i r I - _ _ i 1� A ---- - �z aF F 2 LEGEND j r r •R# Noise Receptor I Walker - {. ELDAMAIN ROAD EXTENSION U N.T.S. Project Location Map .,�„I - Mile ENVIRONMENTAL ASSESSMENT Scale: N.T.S. N Noise Receptor Locations ��Y. ,1 1� tea.•..-�=.�.i _. , � � -Y*_�• - -y�,. , ,7% 1 ms's •i:' { A f A , - M B k �(' 'PRE SERvE I K 3 r for At { i ti •1 1 .. I .. .''' . P A. .yp 4 MWA F d � � .. . - - .• •,� i `I!?11 !�I I I L'l I i�l[n I ti I• I' I• I i �� �, lu kyl"•P-J;I it°I I NI} ,yi I I I`;!`I\1 S I"[n f`.I/'.I I'P lal 1 •I . } I ' � 1 SCALE: I"=400' Re 4 YI+ I -LEND; R R([efJ POTENTIAL FUTURE RECEPTOR LOCATION >C MODELED REPRESENTATIVE RECEPTOR USER w�HC a 09MO p �,{mss` __ �r�r l - __ ___ _ ate NOISE RECEPTOR LOCATION MAP �T SECTfON COUNTY *i OVA alp ouumou� FOR UNDEVELOPED LANDS -- �ENl1u r1AT SCALE..SCALE. a CSEp - Ir[w13E4 --- D1EP EW i0� OMIFA'1 om ELDAMAIN ROAD (US 34 TO WALKER ROAD) ��- hr�JS F19. ai9.rMYCI PLOT PATE •*DATE* -FATE-,- i - - ZZ SCALE: I"=400' FOX COURT ELO + ROW LEGEND: R(lef.) POTENTIAL FUTURE RECEPTOR LOCATION x MODELED REPRESENTATIVE RECEPTOR REVISED - - NOISE RECEPTOR LOCATION MAP sEE��nw counrY FJLF Xmg , usER qmr. ..�nma �ESL#iE� - _— - �11� nn�II - �. TT sa�L+ ZTWM GIF nlalwaga FOR UNDEVELOPED LANDS -.may�� ROT erg_OSMEO CHECKED _ REwISm - ---.. _.,,. [mommma alp TsmspmAmcm ELDA AIN ROAD (US 34 TO WALKER ROAD) ins rTa gyro- SOT DATE 60RTE0 DATE i : ZZ SCALE: I"=400' 44.`+ �Y }V , �'- Pte. ELfl III ROAPJ 0IN T ;app 4 LEGEND: : R(let.) POTENTIAL FUTURE RECEPTOR LOCATION - x MODELED REPRESENTATIVE RECEPTOR L y� NOISE RECEPTOR LOCATION NIAP �� SECTION [tl;kTY � ,., L SFfEF ri4r , Eis. N0. FFILEU DRAWN - _.._ REVISED STA7m OF 0[l1�ncas FOR UNDEVELOPED LANDS �— --�.'°'�� �"" LMAI r. -` PLOT SCALE.oSE&E• REVISED - --- --._._ ICpIrAmmEn Do �POITA4'[II4IIIIflI `A ELDAayIAIN ROAD (US 34 TO WALKER ROAD) NO PLOT GATE a�OATE* pAfk - "= - rk. Z� {R _•;;,�., SCALE: 1"=400' � BON ROAD 1 - �F 1_'*1 f LEGEND R(let.) POTENTIAL FUTURE RECEPTOR LOCATION >t MODELED REPRESENTATIVE RECEPTOR - � __. .. SECTION COUNTY ;SMQEEth 11_ NOISE RECEPTOR LOCATION MAP E ®ff � 2 FOR UNDEVELOPED LANDS PLOT scwE,McaLe. rTGiEU REYISEIk ELDAMAIN ROAD (US 34 TO WALKER ROAD) �4e,�s=zo.�aa ran aLDT oaTE -*MTE• IlAl: - v AEV E0 - - -- - ZZ- SCALE: 1''=40W LLJ l � SOUTHERN PROJECT LIMIT I . I wL E ELDANIAIN ROAD E ow - C f a I - i 4� LEGEND: R(let.) POTENTIAL, FUTURE RECEPTOR LOCATION ?- : �-C MODELED REPRESENTATIVE RECEPTOR t y � yggy + l . T a + SECTION CQUNT 1 T4 3lKk ,t4EA NAME ..USER. oesi , - -_- r�Evas€u -_ ---- _- NOISE RECEPTOR LOCATION 10AP rf , 4, OlE SI1- ----- STAIM OF awma9z FOR UNDEVELOPED LANDS --- --- -----._..... '®Ip PLOT SfHE .srxE. - EVtsEa - _ __ Em OF ZpvumAmom ELDAMAIN ROAD (US 34 TO WALKER ROAD) jiLL]Wq re ha PLOT GATE ..DATE. lYkT€ - NEWSELL 30 I Aer lea Qm � m� �es/k I Bape9 - \\ Qc I I Montgomery IS' � e,v - est I ' 1----- � 'Bristol Clu � d 4ae gay � I a� 4 aoi. 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Barksdale-Noble, Community Development Director -'� CC: Bart Olson, City Administrator � Date: February 2, 2012 Subject: The Year in Review—Discussion of previous year's petitions, <kE ��� proposed zoning ordinance text amendments and suggestions for planning staff 2011 Applications & Petitions During the year of 2011,the United City of Yorkville's Plan Commission reviewed a total of nine (9) applications for various planning and zoning related requests. Following is a summary list and outcomes of the petitions heard by the Plan Commission: PC# Project Name Type of Request Plan Commission City Council Vote Final Action 2011-01 Kendall Co. Fair Ground 1.5 Mile Review Rezone 6-yes/0-no Approved 2011-02 Subdivision Control Ord. Text Amendment for Plats 6-yes/0-no Approved 2011-03 Jon ejan Bed&Breakfast 1.5 Mile Review(Special Use 7-yes/0-no Approved 2011-04 Dormant Applications& Text Amendment 7-yes/0-no Approved Fee Deposit Refund 2011-06 Worsle -Gawne Lane Rezoning 8-yes/0-no Approved 2011-07 Worsle -Gawne Lane Final Plat 8-yes/0- 0 Approved 2011-08 Autumn Creek(Phase IA) Amendment to PUD/Annex. 8-yes/0-no Approved Agreement 2011-09 Autumn Creek(Phase IA) Amend.Final Plat 8-yes/0-no Approved 2011-10 312 Walter Street Rezoning 5- es/2-no/1-abstain Denied Proposed New Zoning Ordinance Text Amendments Below are a few proposed new zoning ordinance text amendments Staff would like to discuss in greater detail with the Plan Commission: R-2 Zoning vs. R-2D Zoning for Townhomes in Older Areas of Yorkville The rezoning request for the 312 Walter Street property from R-2 One-family Residence zoning district to the R-21) Duplex Two-Family Residence zoning district was recommended for approval by the majority of the Plan Commission members. However, the applicant was unanimously denied for the subsequent variance requests before the Zoning Board of Appeals, and ultimately was denied approval of both requests before the City Council. Below are two (2) tables which illustrate the bulk requirements for the R-2 and R-21) zoning districts and the existing condition of the Walter Street properties which are currently zoned R-2 and legally non-conforming. Table 1.Bulk Requirements of the R-2 and R-213 Zoning Districts R-2 Zoning Requirements R-2D Zoning Requirements Minimum Lot Size 12,000 sq.ft. 15,000 sq.ft. Minimum Lot Width 80 ft. 100 ft. Max Density 3.3 d.u./acre 4.8 d.u./acre Table 2.Existing Condition of Walter Street&Mill Street Properties Currently Zoned R-2. APPROX.LOT SIZE APPROX.LOT WIDTH DENSITY 906—908 MILL ST. 0.29 AC.(12,632 SQ.FT.) 132 ft. 6.9 d.u./acre 303 WALTER ST. 0.21 AC(9,150 SQ.FT.) 72 ft. 9.6 d.u./acre 305 WALTER ST. 0.22 AC(9,560 SQ.FT.) 73 ft. 9.1 d.u./acre 311 WALTER ST. 0.21 AC(9,150 SQ.FT.) 70 ft. 9.6 d.u./acre 313 WALTER ST. 0.21 AC(9,150 SQ.FT.) 73 ft. 9.6 d.u./acre 1002-1004 MILL ST. 0.25 AC(10,890 SQ.FT.) 131 ft. 8.0 d.u./acre 310 WALTER ST. 0.22 AC(9,560 SQ.FT.) 70 ft. 9.1 d.u./acre Staff would like to discuss with the Plan Commission the appropriateness of the R-2 One-Family Residence Zoning vs. the R-2D Duplex Two-Family Residence Zoning for existing townhomes within the older areas of the City. Proposed New Zoning Ordinance Text Amendments Over the past few months, Staff had been contacted by a few individuals looking to obtain Federal Firearms Licensing (FFL) for manufacturing and retail dealer. There has also been an inquiry regarding zoning for a shooting range/gallery in the M-Manufacturing Districts as a Special Use. Currently, none of the zoning districts for Business or Manufacturing identify firearm/ammunition manufacturing or firearm dealers as a specific permitted or special use. For your reference, information requirements for obtaining Federal Firearm Licensing can be review on the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website at: http://www.atf.gov//publications/download/p/atf-p-5300-4.pdf Staff is seeking direction from the Plan Commission as to the appropriateness of the proposed activity with the existing Business or Manufacturing Districts as a permitted or Special Use. Suggestions for Planning Staff Finally, Staff is seeking input from the Plan Commission regarding the staff memorandum format. Particularly, (1) should staff provide more aerial and photographic images of the subject property and surrounding land uses within the body of the memorandum and(2) should proposed motion language be provided at the end of each petitioner request(s). Below are examples of potential aerial and photographic images which can be provided in Staff memorandums: N os - oa ■ 1 02 ■ M 0 M� An example of language which can be incorporated into Staff's memorandum for proposed motions can be as follows: Having Made Findings of Fact and consideration of facts presented in a Public Hearing on (insert Public Hearing meeting date), the Plan Commission recommends approval to the City Council of a(n)(insert request), as presented by (insert Petitioner's name}, and plans dated (insert plan date)for (insert property name or description) located at (insert address/location), and further subject to Staff's recommendation(s) in a memorandum dated (insert date of memorandum), and further subject to...{any additional conditions or desired modifications of the Plan Commission} 2012 Plan Commission Submittal Deadlines Plan Submit Deadline * Notice Deadline Commission City Council** November 25, 2011 December 25, 2011 January 11, 2012 January 24, 2012 December 23, 2011 January 22, 2012 February 8, 2012 February 28, 2012 January 20, 2012 February 28, 2012 March 14, 2012 March 27, 2012 February 24, 2012 March 25, 2012 April 11, 2012 April 24, 2012 March 23, 2012 April 23, 2012 May 9, 2012 May 22, 2012 April 27, 2012 May 27, 2012 June 13, 2012 June 26, 2012 May 25, 2012 June 25, 2012 July 11, 2012 July 24, 2012 June 22, 2012 July 22, 2012 August 8, 2012 August 28, 2012 July 27, 2012 August 26, 2012 September 12, 2012 September 25, 2012 August 24, 2012 September 24, 2012 October 10, 2012 October 23, 2012 September 28, 2012 October 28, 2012 November 14, 2012 November 27, 2012 October 26, 2012 November 26, 2012 December 12, 2012 December 19, 2012 * Submittal includes completed application form and all supporting documents. ** Dates are tentative and may be subject to changes.