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Plan Commission Packet 2012 04-11-12 J�o c►r,o United City of Yorkville J AL %A 800 Game Farm Road EST. -� _ 1836 Yorkville, Illinois 60560 4 Telephone: 630-553-4350 C_ Fax: 630-553-7575 Lt. ►�-�' PLAN COMMISSION AGENDA Wednesday, April 11, 2012 Yorkville City Hall Conference Room 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: March 14, 2012 Citizen's Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PC 2012-01 United City of Yorkville is proposing to amend Title 10, Chapter 13: Planned Unit Development of the Municipal Zoning Ordinance to comprehensively revise the method and procedure in which Planned Unit Development (PUD) applications are considered for approval. Old Business 1. PC 2012-02 D. Construction Management, Petitioner, on behalf of Brandon Road Properties, LLC, Owner, is requesting authorization within the R-2 One-Family District to temporarily fill low areas and grade portions of a site located at the northeast and southeast corners of Fox Road and Pavilion Road (Evergreen Farm Estates) with uncontaminated soil from roadway projects of the State of Illinois and return to agricultural uses as allowed by Special Use Permit in Section 10-6C- 2 and Section 10-613-2 of the United City of Yorkville City Code. New Business 1. PC 2012-01 United City of Yorkville is proposing to amend Title 10, Chapter 13: Planned Unit Development of the Municipal Zoning Ordinance to comprehensively revise the method and procedure in which Planned Unit Development (PUD) applications are considered for approval. - Action Item i. Text Amendment Adjournment DRAFT UNITED CITY OF YORKVILLE PLAN COMMISSION City Council Chambers Wednesday,March 14, 2012 7:00pm Commission Members in Attendance: Chairman Tom Lindblom Michael Crouch Art Prochaska Charles Kraupner James Weaver Absent: Jane Winninger, Sandra Adams, Jack Jones, Jeff Baker Other City Staff City Administrator Bart Olson Alderman Larry Kot Alderman George Gilson Krysti Barksdale-Noble, Community Development Director Other Guests— See lists of attendees Meeting Called to Order Chairman Tom Lindblom called the meeting to order at 7:12pm. Roll Call Roll call was taken and a quorum was established. Previous Meeting Minutes - February 8, 2012 The minutes were approved on a motion by Crouch and second by Kraupner. Voice vote approval. Citizen's Comments None Public Hearings 2. PC 2012-02 D. Construction Management, Petitioner, on behalf of Brandon Road Properties, is requesting authorization within the R-2 One- Family District to temporarily fill low areas and grade portions of a site located at the northeast and southeast corners of Fox Road and Pavilion Road (Evergreen Farm Estates) with uncontaminated soil from roadway projects of the State of Illinois and return to agricultural uses as allowed by Special Use Permit in Section 10-6CO2 and Section 10-6B-2 of the United City of Yorkville City Code. A motion was made and seconded by Commissioners Prochaska and Weaver respectively to enter into Public Hearing. Voice vote approval. Hearing commenced at 6:13pm. 1 Chairman Lindblom swore in those who would speak. A motion was also made to reverse the order of the agenda items. Crouch moved and Prochaska seconded a motion to reverse the order. Voice vote approval. Public Hearing concluded at 8:57pm on a motion by Weaver and second by Prochaska. Voice vote approval. (See Court Reporter's Narrative) Old Business None New Business Same as above Public Hearing PC 2012-02. Discussion: Chairman Lindblom said this request will come before the City Council for a final vote on April 10th. He then asked for comments from the Plan Commission. Commissioner Prochaska said the proposal is well-intentioned, however, there should be a more suitable location for holding the dirt and filling in the property for future development. Drainage is also an issue as well as Fox Road needing improvement. The impact will be large and two years of heavy trucks will be detrimental to the road that is already cracking. He said there is no provision for the end result of the road. Commissioner Weaver agreed with Mr. Prochaska and added there are too many questions to move forward with this request. He said there is the possibility of endangerment of public health. Mr. Crouch said there should be a stipulation that the dirt can only come from the Rt. 47 and that only clean fill be allowed. He felt some questions asked were not clearly answered. Other questions need defining such as how many trucks will use Fox Road daily. Drainage is another issue according to Mr. Crouch, especially with the addition of 4 or 5 feet of dirt to the property. There is a possibility that wells could be contaminated. He is concerned with foot traffic on Fox Road and said that it is not safe. He would like to see the Special Use more clearly defined to answer the questions raised in this Hearing. Commissioner Kraupner said he agreed with the other Commissioners and thanked all attendees for their opinions. Addressing the special use issue, Ms. Barksdale-Noble said when a development comes before the Commission, there is a plan and traffic engineering is done, however, this type of development has no permanent use or building and a traffic engineering study is not required since it is a temporary use. She said there is not the usual level of detail due to the temporary status. Mr. Prochaska addressed the "standards"which the Commission must consider when making a decision. Chairman Lindblom said some of the "standards"have not been met, 2 but if there is an affirmative vote, the special conditions must be attached to the Special Use. This Special Use request is a permitted use according to Attorney Gary Davidson and fulfills the requirements of a Special Use under the zoning ordinance and is permitted in the Comp Plan. Motion: Chairman Lindblom entertained a motion to recommend approval of PC 2012-02 with the following staff stipulations: establish two temporary entrances, require deposit for possible damages to Rt. 47, subject to site development plan and sediment control plan, soil be strictly from the Rt. 47 project. So moved by Michael Crouch and seconded by Art Prochaska. Roll call vote: Prochaska-no, Weaver-no, Crouch-no, Kraupner-no, Lindblom-no. Motion fails 0-5. Due to the lateness of the hour, Mr. Prochaska moved to continue the Public Hearing for PC 2012-01 to the next scheduled meeting. Mr. Weaver seconded the motion. Voice vote approval. Additional Business None Adjournment The meeting was adjourned on a motion by Prochaska and second by Kraupner. Meeting adjourned at 9:23pm. Respectfully submitted by Marlys Young, Minute Taker 3 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLAN COMMISSION MEETING PUBLIC HEARING 800 Game Farm Road Yorkville, Illinois Wednesday, March 14, 2012 7 : 00 p .m. D-965812 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 2 1 PRESENT : 2 Mr . Tom Lindblom, Chairman, 3 Mr . Michael Crouch, 4 Mr . Charles Kraupner, 5 Mr . Art Prochaska, 6 Mr . James Weaver . 7 8 9 ALSO PRESENT : 10 Ms . Krysti Noble, Community Development 11 Director; 12 Ms . Julie Morrison, Engineering 13 Enterprises; 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: Entertain a motion 2 to go to public hearing. 3 MR. PROCHASKA: Moved. 4 MR. WEAVER: Second. 5 CHAIRMAN LINDBLOM: Moved and seconded. 07 : 08PM 6 Those in favor signify by saying aye. 7 (A chorus of ayes . ) 8 CHAIRMAN LINDBLOM: Opposed? 9 (No response. ) 10 CHAIRMAN LINDBLOM: Motion passes. 07:09PM 11 At this time I would like anybody 12 that thinks they're going to speak before the 13 Commission to stand, raise your right hand and 14 repeat after me. 15 (The witnesses were 07:09PM 16 thereupon duly sworn. ) 17 CHAIRMAN LINDBLOM: At this time then 18 could I have a motion to reverse the agenda items 19 to bring PC 2012-02 first? 20 MR. CROUCH: So moved. 07 : 09PM 21 MR. PROCHASKA: Second. 22 CHAIRMAN LINDBLOM: Moved and seconded. 23 Those in favor? 24 (A chorus of ayes . ) DepoCourt Reporting Service, Inc . (630) 983-0030 Page 4 1 CHAIRMAN LINDBLOM: Opposed? 2 (No response. ) 3 CHAIRMAN LINDBLOM: Okay. We will now 4 be in public hearing for PC 2012-02, 5 D. Construction Management, Petitioner, on behalf 07:10PM 6 of Brandon Road Properties, LLC, Owner, is 7 requesting authorization within the R2 One-Family 8 District to temporarily fill low areas and grade 9 portions of a site located at the northeast and 10 southeast corners of Fox Road and Pavilion Road, 07:10PM 11 Evergreen Farm Estates, with uncontaminated soil 12 from roadway projects of the State of Illinois and 13 return to agricultural uses as allowed by special 14 use permit in Section 10-6C-2 and Section 10-6B-2 15 of the United City of Yorkville City Code. 07:10PM 16 And who is here to speak on behalf 17 of the petitioner? Do you wish to move to the 18 microphone and the podium? 19 MR. DAVIDSON: Yes . 20 CHAIRMAN LINDBLOM: And then for the 07:10PM 21 record state your name. 22 MR. DAVIDSON: Thank you, Mr. Chairman. 23 Gary Davidson with the law firm of Brumund, 24 Jacobs, Hammel, Davidson & Andreano, 58 East DepoCourt Reporting Service, Inc . (630) 983-0030 Page 5 1 Clinton, Suite 200, Joliet, Illinois, 60432 . 2 Mr. Chairman, members of the board, 3 tonight before you is petitioner's application for 4 a special use to allow for the filling of holes 5 and areas that are low on what is formerly the 07 : 11PM 6 Evergreen Farm parcel. 7 I understand from the number of 8 people here that there are a number of questions 9 and concerns, and I actually had an opportunity to 10 see the flyer because I grew up in Fox Lawn, so my 07: 11PM 11 mom got the flyer so she sent it over to me and 12 wondered what I was involved in. 13 And I grew up in Fox Lawn at a time 14 when the only subdivisions out on Fox Road were 15 the Pavilion Heights and Fox Lawn subdivisions. 07:11PM 16 So there are a number of myths 17 associated with what's going on here, put very 18 simply, and then I'm going to just allow questions 19 to be answered because you are not here to listen 20 to me, we are here to answer your questions, and 07 : 12PM 21 we want to make sure that you understand that 22 we're here to become a part of this community and 23 make the community better. 24 And this is not a dump. We are DepoCourt Reporting Service, Inc . (630) 983-0030 Page 6 1 simply doing the following: We are moving dirt 2 from one area of Yorkville and placing that dirt 3 in another area of Yorkville. 4 The placing of that dirt on that 5 site is in conformance with the Comprehensive Plan 07 : 12PM 6 of the City of Yorkville and the city plan in that 7 in 2006 the Planning and Zoning Commission and the 8 City Council approved an annexation agreement for 9 the development of that site, and in order to 10 develop that site, for those who may not know 07: 12PM 11 about the development process, you are required 12 to bring in dirt to level the area, so much like 13 the area that's actually immediately across from 14 this site -- it was some of my best bullfrog 15 hunting grounds when I was growing up as a kid 07:13PM 16 because there was depressional areas -- when that 17 subdivision was built, dirt had to be brought in, 18 clean dirt, spread out, and then homes were 19 allowed to be built. 20 So in order to effectuate the 07 : 13PM 21 orderly development of Yorkville and in order to 22 effectuate the development of Route 47 and the 23 expansion of Route 47, it' s necessary to take that 24 dirt and move it off-site to an area that is DepoCourt Reporting Service, Inc . (630) 983-0030 Page 7 1 suitable for that dirt, and this particular site 2 is in need of clean fill in order for us to have 3 that as a residential zoning area at such time as 4 the economy improves and a developer can come in 5 there and develop the 77-unit subdivision that was 07:14PM 6 previously brought before the Council back in 7 2006. 8 So with all that being said, I know 9 that we've probably got a lot of questions. What 10 we're here for tonight is a special use, not site 07: 14PM 11 development. I noticed that a number of the 12 questions are site development related. 13 Obviously that's within the 14 discretion of the Chair for us to address those 15 issues tonight. Since all of you folks are here, 07:14PM 16 there' s no reason that we can't speak to some of 17 those issues, and I 'll leave it up to the Chair as 18 to, you know, which ones that you -- you know, how 19 far along we go with respect to that. 20 CHAIRMAN LINDBLOM: Anything else then 07:14PM 21 from the petitioner at this time? 22 MR. DAVIDSON: Nothing at this time. 23 The Staff recommendations are in your packet, as 24 well as our responses to all of the questions that DepoCourt Reporting Service, Inc . (630) 983-0030 Page 8 1 were previously brought about by the Plan 2 Commission. 3 CHAIRMAN LINDBLOM: Okay. I'm going to 4 recommend that the sheets that were passed out -- 5 There is 20 questions on here. Shall we save 07:15PM 6 maybe some time and energy and maybe run through 7 those questions and then see if others surface 8 after that? 9 MR. DAVIDSON: Yeah. 10 CHAIRMAN LINDBLOM: Is that acceptable 07:15PM 11 to you? 12 MR. DAVIDSON: What I 'm going to do is 13 I 'm going to have David Schultz from HR Green, 14 which is our engineering and planning firm that is 15 helping us, address those questions, and perhaps I 07:15PM 16 will chime in when I think it's legal in nature. 17 CHAIRMAN LINDBLOM: Okay. I'll run 18 through these. I see a hand up. Yes, ma'am. 19 MS. FISCHER: Do you have copies -- 2 0 CHAIRMAN LINDBLOM: Excuse me. Stand 07 : 15PM 21 and raise your hand, please. Stand and state your 22 name. 23 MS. FISCHER: Julie Fischer. Not 24 everyone has a copy of these 20 questions. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 9 1 CHAIRMAN LINDBLOM: I 'll read the 2 questions so you can all hear it and then we'll 3 get the answer. 4 MS. FISCHER: We can't take notes on -- 5 I just -- 07:16PM 6 CHAIRMAN LINDBLOM: Can you share with 7 somebody, please, so we can keep moving? 8 MR. PROCHASKA: Here. 9 CHAIRMAN LINDBLOM: Do we have any more 10 up here? 07:16PM 11 MR. KRAUPNER: Yeah, there is a few more 12 here. 13 MR. DAVIDSON: Here is a few copies. 14 CHAIRMAN LINDBLOM: Okay. Are we ready? 15 Question number one, Why issue a special use 07:16PM 16 permit for dumping activity in the area zoned R2 17 residential and agriculture? 18 MR. DAVIDSON: I 'll tackle this and 19 then, Dave, why don't you go ahead and come in 20 from an engineering perspective? 07: 17PM 21 First of all, this is not dumping, 22 this is simply filling and grading, and this 23 filling and grading is done with any residential 24 development that comes before a city in any -- in DepoCourt Reporting Service, Inc . (630) 983-0030 Page 10 1 any county or in any municipality in the state of 2 Illinois. 3 There is always going to be more or 4 less filling and grading in order to develop a 5 residential subdivision, and it's in conformance 07:17PM 6 with the annexation agreement that was passed in 7 2006 in that it specifically allowed for filling 8 and grading, so for the future use and for the 9 vision that was set forth by the United City of 10 Yorkville in their Comprehensive Plan for this 07: 17PM 11 area, in order to have residential R2 zoning in 12 this area, you are going to have to have clean 13 fill put in there. 14 And parenthetically I will just say 15 that in this particular case, it's almost the 07:18PM 16 ideal situation in that the Illinois Department of 17 Transportation, the Illinois IEPA, are going to be 18 monitoring because it' s their project after all to 19 improve Route 47 for the citizens of Yorkville. 20 They are going to be monitoring all 07 : 18PM 21 of the material that's taken as it relates to that 22 Route 47 inter -- the Route 47 improvements, and 23 so, therefore, all of that is going to be tested, 24 it's going to be required to be tested by the IEPA DepoCourt Reporting Service, Inc . (630) 983-0030 Page 11 1 and IDOT, and it will not be able to be placed on 2 the site. 3 And attached to the petition, as the 4 members of the planning and zoning board are well 5 aware, is a letter from Enmarc & Associates, which 07:18PM 6 actually indicates that the fill will be placed on 7 the site and the standards by which we're going to 8 determine whether or not there is -- any 9 contamination in that soil is going to exceed all 10 of the current standards. 07: 19PM 11 CHAIRMAN LINDBLOM: Krysti? 12 MS. NOBLE: Sure. I 'm going to respond 13 to that first question as well from the City's 14 perspective. 15 CHAIRMAN LINDBLOM: Will you please hold 07:19PM 16 your questions until we run through these and then 17 we can come back and see if we missed anything? 18 MS. NOBLE: The City' s zoning ordinance 19 which applies to this property as R2 identifies 20 filling holes, pits and lowlands and 07 : 19PM 21 non-combustible use -- soil as an allowable 22 special use. 23 The petitioner would have been 24 allowed to do this without a public hearing had DepoCourt Reporting Service, Inc . (630) 983-0030 Page 12 1 this been done in conjunction with the development 2 of the Evergreen Estates parcel. 3 In their annexation agreement, they 4 were permitted to do this type of excavating and 5 filling on the site, but it would have to be after 07:19PM 6 the preliminary plan approval, which the plan had 7 never gotten to that point, and it would have to 8 be in conjunction, as I said, with development on 9 the site. 10 So the only reason why they're 07:20PM 11 coming here is to fulfill the general R2 12 underlying zoning requirements, which would state 13 that they would need a special use for this type 14 of activity. 15 CHAIRMAN LINDBLOM: Okay. Question 07:20PM 16 number two, Why consider this permit for dumping 17 in a floodplain? 18 MR. DAVIDSON: I 'll let the engineer 19 address that one. 20 MR. SCHULTZ: Again, my name is David 07:20PM 21 Schultz. I work with Evergreen here in Yorkville. 22 I 'm a Yorkville resident and I 've been a 23 professional engineer and worked with this company 24 for the last 16 years. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 13 1 The best available data that I have 2 researched regarding this project is according to 3 the FIRM maps and FEMA panels -- 4 THE AUDIENCE: We can't hear. Speak up. 5 MR. SCHULTZ: Sorry. Is this on? 07 :20PM 6 CHAIRMAN LINDBLOM: I don't think it's 7 on. 8 MR. SCHULTZ: Sorry about that. I guess 9 I 'll speak up. May I sit? 10 CHAIRMAN LINDBLOM: Sure. 07:21PM 11 MR. SCHULTZ: Again, David Schultz, HR 12 Green, professional engineer. The best available 13 data that I have looked up on what' s called a FIRM 14 map and FEMA panels that are put out regarding 15 floodplain, this property is within a Zone X, 07:21PM 16 which means there is no current study of 17 floodplain on this property, so there is no 18 floodplain delineated on this property. 19 CHAIRMAN LINDBLOM: Question number 20 three, Why consider this permit in the area with 07 :21PM 21 an extreme elevation differential draining 22 directly onto the floodplain? 23 Of which it was just determined 24 there was not a floodplain, but in essence, DepoCourt Reporting Service, Inc . (630) 983-0030 Page 14 1 draining somewhere. 2 MR. SCHULTZ: We are currently zoned for 3 residential, as we had heard. This is part of the 4 land development process for this parcel. Again, 5 we not draining directly into a floodplain unless 07 :22PM 6 you call the Fox River, which is floodplain. 7 But all sediment and erosion control 8 measures would be provided on this property just 9 as traditional land development would be. 10 CHAIRMAN LINDBLOM: Okay. I don't think 07:22PM 11 you have anything for that. 12 MS. NOBLE: No. 13 CHAIRMAN LINDBLOM: Item four, Why would 14 you allow heavy truck traffic through a 15 residential area on one of the few good roads we 07:22PM 16 have? 17 MR. DAVIDSON: I 'll address -- I 'll 18 address part of that and then I 'll let Dave 19 address the other half of that. 20 We're going to be required, and D. 07 :22PM 21 Construction and Brandon Road Properties takes 22 very seriously their obligation, to post money 23 with the City for any damage that's done to the 24 roadway. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 15 1 However, what is important to 2 understand is that we're going to be obligated and 3 we're going to be required to observe the road 4 load limits as it relates to Fox Road, so all 5 vehicles that are going to travel on Fox Road are 07 :23PM 6 going to be at or below the load limits required 7 for Fox Road as determined by the guys that can 8 run the numbers, the engineers. I don't pretend 9 to be able to do that. But those all will be 10 governed by that standard. Now, again -- 07:23PM 11 MR. OLSON: Do you want this? 12 MR. DAVIDSON: Thanks. I don't think 13 I 'll have a problem. Dave might. Again, it's 14 important to realize that this is an Illinois 15 Department of Transportation project which is 07:23PM 16 necessary for the orderly development of our 17 community, Yorkville, and so the Illinois 18 Department of Transportation is going to be 19 heavily involved with people on-site that are 20 going to be monitoring my client and monitoring 07:24PM 21 what's going on out on that project, and then Dave 22 with respect to just the general engineering of 23 it. 24 MR. SCHULTZ: And also just to follow-up DepoCourt Reporting Service, Inc . (630) 983-0030 Page 16 1 with that, this is a county road which also has 2 city limits up to I believe River's Edge, so it is 3 a shared municipal use between City of Yorkville 4 and Kendall County. 5 And again, what Gary had said, this 07 :24PM 6 is posted -- post-weight, so we have to monitor 7 that and stay within the posted weights of this 8 road, and again, it's a county highway. 9 MS. NOBLE: To further address that 10 comment, Fox Road is not a posted road, so the 07:24PM 11 maximum is 8, 000 pounds. That' s any state road. 12 Also what's key to remember is this 13 is a public road. We cannot limit public traffic 14 on a public road. What we can do is make sure 15 that it is not an overweight capacity with each 07:25PM 16 truck that goes by, and we will be monitoring 17 that. 18 We will not be issuing any 19 overweight permits. I 've gotten confirmation from 20 the County that they will not be issuing any 07 :25PM 21 overweight vehicle permits for this road, so it 22 will meet capacity of what it was designed to do, 23 which is carry a load of 80, 000 pounds per -- not 24 axle, but per -- DepoCourt Reporting Service, Inc . (630) 983-0030 Page 17 1 MR. SCHULTZ: Unit. 2 MS. NOBLE: -- per vehicle. 3 Also, the County has jurisdiction 4 over them getting a permit to access the site, not 5 the City, but the County does, and if the County 07 :25PM 6 issues that permit, we cannot restrict any public 7 vehicle, any vehicle, using the roadway. 8 They have been cooperative with the 9 City and willing to put up a security for any 10 damage, extreme damage, that they could possibly 07:26PM 11 do in this situation, and we will be -- the City 12 and the City engineering consultant will be 13 reviewing the more specific site plan as they move 14 forward with this to determine what that bonding 15 or security would be. 07:26PM 16 CHAIRMAN LINDBLOM: Okay. Question 17 number five, What guarantee of restoration back to 18 ag use is there at the end of this project 19 considering the City's backsliding on bond 20 protection and other developments in the City? 07 :26PM 21 MR. DAVIDSON: Well, we don't have any 22 present intent to develop this as residential 23 lots, and, quite frankly, I would like to say that 24 we would hope that we could sell this property and DepoCourt Reporting Service, Inc . (630) 983-0030 Page 18 1 sell it to a residential developer at the end of 2 the one to two-year period and have housing out on 3 that site, so there is no guarantee that it 4 would -- We want it to go back to agriculture 5 because we want to be taxed on agriculture and it 07 :27PM 6 is agriculture, but as it relates to the future 7 use of the site, the future use of the site is 8 clearly residential. 9 Now, because Yorkville has more 10 platted undeveloped lots than almost every city in 07:27PM 11 the entire Midwest, I don't know if that's in the 12 near future, but we don't know. 13 CHAIRMAN LINDBLOM: Okay. Question six, 14 What guarantees do property owners have that this 15 dumping project will not adversely affect their 07:27PM 16 property values? 17 MR. DAVIDSON: The -- Again, it' s simply 18 not a dumping area, we are filling and grading, so 19 we are taking a property which is unimproved and 20 we're effectively moving it down the road of 07 :28PM 21 entitlement to make it more valuable for a future 22 developer of that site and to make it in 23 conformance with residential zoning and make it -- 2 4 you know, make it in conformance so that DepoCourt Reporting Service, Inc . (630) 983-0030 Page 19 1 residential zoning can be there. 2 To the extent that housing is placed 3 on that site, there is all sorts of empirical data 4 that suggests that if your subdivision is located 5 next to a developed site, your property values are 07 :28PM 6 going to go up and not down. 7 CHAIRMAN LINDBLOM: Okay. Item seven, 8 Why is it the City' s responsibility to issue a 9 special use permit to D. Construction for this 10 project, question mark. D. Construction can find 07:28PM 11 an off-site location that is already zoned 12 industrial or is compatible with this type of use. 13 MR. DAVIDSON: That's actually in my 14 opinion a decision for this Planning and Zoning 15 Commission. You have the standards by which it is 07:29PM 16 obligatory to issue a special use permit if we 17 satisfy the criteria set forth in the ordinance, 18 but I will leave that to the members of this board 19 to make that determination. 20 MS. NOBLE: The function of the special 07 :29PM 21 use is the City has designated uses that they deem 22 appropriate in the zoning category, but would like 23 further control over how those uses are developed 24 or operated within that certain category, so it's DepoCourt Reporting Service, Inc . (630) 983-0030 Page 20 1 already a permitted, identified use as a special 2 use in the residential zoning, so the City at some 3 point in creating its zoning ordinance felt like 4 this was an appropriate and compatible use in a 5 residential district. 07 :29PM 6 CHAIRMAN LINDBLOM: Okay. Number 7 eight -- I think maybe we've answered this 8 already, but I will read it -- Why would the city 9 allow Fox Road to be further impacted by a steady 10 stream of dump trucks, accelerating the demise of 07:30PM 11 the road, especially considering the fact that the 12 River Road closing is already putting an extra 13 strain of traffic on Fox Road? 14 MR. DAVIDSON: You know, that just 15 appears to be a statement, not a question. I 07:30PM 16 don't know what to -- 17 CHAIRMAN LINDBLOM: The question was -- 18 the question first, Why would the City allow Fox 19 Road to be further impacted by a steady stream of 20 dump trucks, accelerating the demise of the road, 07:30PM 21 question mark. 22 MR. DAVIDSON: Well, again, it's 23 necessary for the public welfare in that we're -- 2 4 we're improving Route 47 . It's a public highway DepoCourt Reporting Service, Inc . (630) 983-0030 Page 21 1 the trucks can be on already, so it's an allowable 2 use to use that highway for roadway traffic, just 3 like the farmer takes his combine out there during 4 the fall and drives down the road and drives into 5 the cornfield. 07 : 31PM 6 CHAIRMAN LINDBLOM: What guarantee for 7 the public safety is there, especially considering 8 Fox Road is regularly used by the high school 9 track team, bicyclists and joggers? 10 MR. DAVIDSON: Well, all of our drivers 07:31PM 11 are CDL drivers and they're -- they're regularly 12 drug tested, they can't consume alcohol during 13 work hours, and I think that the commercial 14 vehicle driving on that road is going to be just 15 as safe, if not safer, than any normal pedestrian 07:31PM 16 vehicle. 17 CHAIRMAN LINDBLOM: Item 10, With 18 property values already plummeting in Yorkville, 19 why would the City put an additional negative 20 impact on property values? 07 : 31PM 21 MR. DAVIDSON: We don't view it as a 22 negative impact. We view it with in conformance 23 with the orderly development of the City of 24 Yorkville's Comprehensive Plan, the previous DepoCourt Reporting Service, Inc . (630) 983-0030 Page 22 1 annexation agreement, and what the City's vision 2 for the future of that site is. 3 CHAIRMAN LINDBLOM: Okay. Item 11, With 4 the Hoover Forest Preserve adjacent to the dumping 5 site, what protections are in place for the forest 07 : 32PM 6 preserve? 7 MR. DAVIDSON: I 'll let Dave answer that g one. 9 MR. SCHULTZ: The biggest thing between 10 our property and the property to the north, which 07:32PM 11 is the forest preserve, is the railroad tracks. 12 We have to still follow IEPA 13 standards, we have to following erosion, sediment, 14 erosion control. These are all done through the 15 site development permit and best engineering 07:32PM 16 practices. 17 UNIDENTIFIED AUDIENCE MEMBER: How about 18 the Hoover? 19 CHAIRMAN LINDBLOM: Item number 12. 20 MR. SCHULTZ: Hoover is not adjacent to 07 : 32PM 21 the site. 22 CHAIRMAN LINDBLOM: We' ll give you a 23 chance to ask questions afterwards. Remember, 24 this is being recorded. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 23 1 Item 12, What guarantees of 2 protection are there for the private wells of the 3 adjacent homeowners? 4 MR. DAVIDSON: Dave, I 'll let you tackle 5 that one, too. 07:33PM 6 MR. SCHULTZ: Again, this is all 7 monitored by the IEPA, IDOT environmental 8 consultants, who will be monitoring D. 9 Construction and the roadway improvements where 10 this dirt is coming from, and essentially we're 07:33PM 11 left with dirt. Same dirt that's out there today. 12 I cannot provide any more guarantee 13 to you on contaminants or anything in that as 14 such, that' s not my expertise, just as saying such 15 as pesticides that are being put on the property 07:33PM 16 now and also your fertilizer that people put on 17 their yards today, I don't -- I can't -- I can't 18 comment on that. 19 MS. NOBLE: We do have our engineering 20 consultant that's here. I can tell you generally, 07:34PM 21 then I 'll let Julie tell you a little bit more. 22 There is a third-party contractor 23 that's been hired by the state to do the analysis 24 every time there is a soil sample that's going to DepoCourt Reporting Service, Inc . (630) 983-0030 Page 24 1 be moved to make sure that the soil is at a 2 quality for residential development, so any soil 3 that anybody here would view, if they ever leveled 4 their site and wanted to grade their site. 5 Right now they are called TACO 07:34PM 6 standards that the State uses. In July the State 7 is going to increase those standards to make sure 8 there is even more separation delineation between 9 contaminated soils and non-contaminated soils 10 which could be deemed usable in the residential 07:34PM 11 land use process. 12 Those standards, which don't go into 13 effect until later this summer, will be applied to 14 this project even though it's coming in before 15 that time, and Julie can tell you some more about 07:34PM 16 the standards. 17 MS. MORRISON: Good evening. I 'm Julie 18 Morrison with Engineering Enterprises. 19 As Krysti stated, the IEPA and the 20 State of Illinois have passed new legislation that 07 : 35PM 21 defines appropriate levels of contamination, 22 basically defining what is non-contaminated and 23 what is contaminated. 24 The IEPA and the State passed this DepoCourt Reporting Service, Inc . (630) 983-0030 Page 25 1 law as a point of protecting ground water, so it's 2 appropriate here to know that the levels that are 3 defined for non-contaminated soils are done so to 4 protect ground water, so all the clean soils going 5 to this site are technically non-contaminated 07:35PM 6 based on levels to protect ground water. 7 CHAIRMAN LINDBLOM: Okay. Item 13, What 8 protections are in place for residents regarding 9 dust, noise, water, and soil pollution? 10 MR. DAVIDSON: All of those -- and, 07:35PM 11 Dave, I'll let you address that, but all of those 12 safeguards are going to be -- and standards are 13 going to be put on D. Construction and Brandon 14 Road Properties during the site development 15 process, that in the event that we were to get a 07:36PM 16 favorable recommendation of this board and get a 17 favorable recommendation by the City Council, 18 we'll then be back for site development, and all 19 of those standards will be imposed upon us by 20 recommendations from City Staff. 07 : 36PM 21 Just going back, don't -- Just going 22 back to item number 12 for one second, the idea -- 2 3 it's difficult to address what guarantees are in 24 place to protect private wells from what is DepoCourt Reporting Service, Inc . (630) 983-0030 Page 26 1 literally just a non-issue. 2 Again, we have to remember what this 3 is. This is removing clean dirt from one area of 4 Yorkville, moving it in a truck, and placing that 5 clean dirt on a site that needs it in another area 07:36PM 6 of Yorkville. 7 So if we take it out of the context 8 of all of the discussions that we had in years 9 past regarding landfills and dump sites, that is 10 not what this is. 07:37PM 11 That flyer that my mother received 12 at Birch Court East in Fox Lawn where I grew up, 13 that indicated that this was a dump. This is not 14 a dump. So it' s very -- it's very important for 15 everyone to understand that. 07:37PM 16 And so when I 'm answering these 17 questions, I want you to be clear, I want your 18 questions to be addressed and I want your 19 questions to be answered because there was a lot 20 of myths that took place, and so I 'm glad that you 07 : 37PM 21 are here and I'm glad that we are able to address 22 them. 23 CHAIRMAN LINDBLOM: Okay. Item number 24 14, What is the absolute drop-dead date for the DepoCourt Reporting Service, Inc . (630) 983-0030 Page 27 1 completion and restoration back to R2/ag use 2 zoning? 3 In other words, when will the 4 project be finished and revert back to ag? 5 MR. SCHULTZ: We've stated our intention 07:38PM 6 of one to two years would be the duration of this 7 project. I don't -- I don't have a drop-dead 8 completion date. I don't know if -- if Joe and D. 9 Construction has a set -- per the IDOT letting, 10 has a set when this project is anticipated to be 07:38PM 11 done. From just discussions in operations, we're 12 looking at a two-year maximum. 13 CHAIRMAN LINDBLOM: Did the gentleman 14 over here have a response from D. Construction 15 or -- 07:38PM 16 MR. PHILLIPS: I 'm with Brandon Road 17 Properties. Julie, our environmental consultant, 18 and Bill SAVOREE will be project manager on-site 19 for the Route 47 project. 20 CHAIRMAN LINDBLOM: So you do or do not 07 : 38PM 21 have a schedule in place yet? 22 MR. SAVOREE: Well, not yet because 23 there is a lot of utility relocations going on, so 24 right now we're not sure when we can get started. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 28 1 It's a two-year plus project with working days and 2 that. 3 CHAIRMAN LINDBLOM: Okay. 4 MS. NOBLE: The Staff's recommendation 5 will be concurrent with the Route 47 project, so 07 : 39PM 6 at this time IDOT is setting the pace of when the 7 project began and then when it will be -- when it 8 will end. 9 CHAIRMAN LINDBLOM: Number 15, What 10 guarantees are there that D. Construction will not 07:39PM 11 attempt to use this property for other road 12 projects, such as the River Road project, Eldamain 13 Road or other projects? 14 MR. DAVIDSON: I don't know what the 15 intent of my client is with respect to that. 07:39PM 16 We're going to be required to have clean dirt 17 placed on that site. We've got plenty of dirt for 18 Route 47, and probably more than -- than will fill 19 that site just for the Route 47 project, so we've 20 got our hands full with Route 47 . 07:40PM 21 I don't know if the Brandon Road or 22 D. Construction folks have any comment with 23 respect to that. 24 MR. PHILLIPS: The majority of the fill DepoCourt Reporting Service, Inc . (630) 983-0030 Page 29 1 is Route 47 . I mean, I don't believe that there 2 is a lot of fill that comes off of some of the 3 other projects, so -- and they're not. . . 4 MR. DAVIDSON: But again, it's all going 5 to be governed by the standards and the special 07 : 40PM 6 uses as allowed, clean fill, all of those things. 7 CHAIRMAN LINDBLOM: Okay. Item 16, What 8 guarantees for protections for public safety are 9 there for road debris that could contain oil, gas 10 or other hazardous compounds, question mark. 07:40PM 11 There are seven current or former 12 gas station sites in between Route 126 and 34 with 13 the likelihood of gas or oil and leaking -- or gas 14 or oil in leaking into the soil around them as 15 well as the petroleum by-products used in the 07:41PM 16 asphalt in the road which over time breaks down 17 the soil. 18 The question I guess is what' s the 19 protection for the oil or gas or other hazardous 20 compounds. 07 : 41PM 21 MR. DAVIDSON: And, Dave, I 'll let Dave 22 address that. There is an attachment to the 23 planning and zoning petition that the members of 24 the planning and zoning council have, and it's DepoCourt Reporting Service, Inc . (630) 983-0030 Page 30 1 our -- Enmarc & Associates who will be monitoring 2 all this. It's all going to be tested. 3 Anything that is contaminated -- I 4 guess let me address it this way. In the event 5 that there are products that are found to be 07 : 41PM 6 contaminated, those will be isolated and be 7 required to be taken to a different site. 8 So we're not coming in here saying 9 that we're going to grind up the road, we're going 10 to pull the dirt and it' s all going on that site. 07:42PM 11 That's not how it's going to work. 12 In fact, asphalt and concrete is 13 recyclable and we can make money on that, so we're 14 not going to want to use that as fill because it 15 has value, it can be sold, but it all can be 07:42PM 16 tested before being allowed to be located there 17 based on, again, standards which exceed the 18 current IEPA and IDOT guidelines. 19 MR. SCHULTZ: Again, again, we're 20 talking about the clean dirt that is going to be 07:42PM 21 shipped to this site. D. Construction does have 22 another site that they will take the contaminated 23 soils to, and this will all be run through IEPA 24 and the environmental folks that will be out there DepoCourt Reporting Service, Inc . (630) 983-0030 Page 31 1 monitoring that. 2 CHAIRMAN LINDBLOM: Okay. Item 17, Can 3 the City afford another lawsuit for negligence? I 4 don't know that there is an answer to that. 5 Number 18 -- 07 : 43PM 6 MR. DAVIDSON: I can. The ones that win 7 in the end is the lawyers, but, you know, probably 8 nobody can. 9 CHAIRMAN LINDBLOM: Okay. 18, What is 10 the bond protection for impact on property values, 07:43PM 11 private wells and return to ag use? 12 MR. DAVIDSON: Well, Krysti probably 13 knows the answer to that better than I do. 14 MS. NOBLE: The bond -- Well, let' s go 15 back a couple of questions. There was a question 07:43PM 16 about debris being on the roadway. 17 With any permit that we issue for 18 grading or soil and sediment control plans, we do 19 require a $5, 000 street cleaning permit. That's 20 from any development, from a large development to 07 : 43PM 21 a small development. That's for street cleaning. 22 What we're asking here by the 23 petitioner would go above and beyond that. It's 24 not required. We have no real authority to demand DepoCourt Reporting Service, Inc . (630) 983-0030 Page 32 1 it. They have been very cooperative to provide 2 it. 3 Keep in mind, it's a city road. 4 It's no different if someone were to tear down 5 their house or do an addition to their house, the 07 : 44PM 6 soil level will be tantamount to the same soil 7 that is packaged and sold for residential land use 8 anywhere, so the guarantee -- I don't know if it 9 will be in the form of a bond or cash or letter of 10 credit, but that would be decided upon Staff when 07: 44PM 11 we get further information going to the process, 12 and what we'll look at -- and I understand your 13 concerns. 14 In 2009, the City did resurface 15 their portions of 5500 linear feet of Fox Road 07:44PM 16 from 47 to Poplar Drive, and we do have numbers, 17 actual numbers at that time, you know, the repair 18 costs, we will be looking at that, and we're not 19 going to be asking for anything astronomical from 20 them because it is a city -- it is a public road, 07:44PM 21 but it would be something that would satisfy if 22 there were major damage done to the road 23 specifically attributable to their use. 24 CHAIRMAN LINDBLOM: Okay. Item 19, Who DepoCourt Reporting Service, Inc . (630) 983-0030 Page 33 1 would build homes in the future on a dump site 2 with questionable base and unknown soil quality? 3 MR. DAVIDSON: It's not a dump site. 4 There is -- and unknown soil quality. It' s not 5 unknown. I was talking to a few of my clients 07:45PM 6 when I walked in and we agreed to disagree on this 7 particular issue that' s before the Council, and 8 they happen to live on the former Crawford Farm, 9 which is across from Fox Lawn, and I had to 10 mention to them that that particular site, I saw 07:45PM 11 it be developed, and dump trucks got brought in 12 with dirt along my path that I used to take down 13 to the Fox River to go crappie fishing, and dirt 14 was filled in in that site, and that's how a 15 residential development is developed. 07:46PM 16 It's developed by having dirt 17 brought in to low depressional areas, other areas 18 that are higher, excavated, all done in 19 conformance with the subdivision control ordinance 20 of the city, all done in conformance with the site 07 : 46PM 21 development process, and that's all done in order 22 to effectuate the orderly development of a 23 community, and this particular site is zoned for 24 future R2 use, and in order to have R2 use on this DepoCourt Reporting Service, Inc . (630) 983-0030 Page 34 1 site, this is a necessary requirement to have R2 2 there, so there will not -- it' s not a dump site. 3 At the time that it' s developed, 4 there will be no questionable base. It will all 5 be tested by the engineers. And the quality of 07 : 47PM 6 the soil that's going to be going onto this 7 property is actually going to exceed standards 8 because again, we're talking about an Illinois 9 Department of Transportation road project. 10 CHAIRMAN LINDBLOM: Okay. Question 07:47PM 11 number 20, Is this property still bound by the 12 SSA' s that were part of the annexation formerly 13 leading out to the landfill property? 14 MS. NOBLE: This particular property 15 hasn't gotten to that stage yet. It's still a 07:47PM 16 conceptual plan, it hasn't gotten to the 17 preliminary stage. It hasn't gotten to the final 18 plat where they would contribute any 19 infrastructure costs to deem it part of an SSA 20 area. 07 : 47PM 21 CHAIRMAN LINDBLOM: Okay. That 22 completes those 20 questions . One question that 23 came to me before we started the meeting was 24 remember I said that whatever we decide here is a DepoCourt Reporting Service, Inc . (630) 983-0030 Page 35 1 recommendation to the City Council and the City 2 Council makes the final decision. 3 The question was asked when will 4 that go to Council. 5 MS. NOBLE: Yes. It will go on the 07 : 48PM 6 April 10th City Council meeting. 7 CHAIRMAN LINDBLOM: April 10th. Okay. 8 At this time then I will entertain questions from 9 the audience. If you will please, raise your 10 hand, I will recognize you. Stand, state your 07: 48PM 11 name, state your question, and then we'll see 12 which of the experts here needs to answer that. 13 Let' s start over here in the corner. 14 Gentleman behind the podium. 15 MR. WELZ: I 'm Mike Welz. I'm the 07:48PM 16 president of the White Oak Homeowner's 17 Association. We have several concerns with this 18 project, one being that there is no sidewalks 19 along Fox Road leading to our subdivision. It's 20 very narrow. It's not really a good situation 07 : 48PM 21 with all the trucks and additional traffic coming 22 down that roadway for our citizens. 23 There already have been multiple 24 accidents, you know, by our subdivision that have DepoCourt Reporting Service, Inc . (630) 983-0030 Page 36 1 really injured people and we don't want to see 2 this happen again. 3 I understand that there's going to 4 be ten to, you know, possibly a hundred trucks 5 coming each day, and that's a lot. We have a lot 07 : 49PM 6 of kids coming home from school, walking, and it's 7 a big concern with no sidewalks along that road 8 that there can be potential for accidents to 9 happen. 10 Also I 'd like to ask that for the 07:49PM 11 fill -- for the fill coming in, is it strictly 12 from the Route 47 project or is it from additional 13 projects that are unmonitored or un -- that we 14 don't know about? Thank you. 15 CHAIRMAN LINDBLOM: And before you 07:49PM 16 answer that, could I ask, to help clarify that, 17 does anybody have an estimate at this time as to 18 how many trucks that are expected each day? 19 MR. DAVIDSON: Yeah, the -- At peak, 20 there will be 10 to 25 per day. That's on -- 07:50PM 21 that's on a peak day. Many days there won't be 22 any trucks. 23 CHAIRMAN LINDBLOM: Okay. Now on to the 24 other question. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 37 1 MR. SCHULTZ: Yeah. Just to follow up, 2 it's based on the operation of what D. 3 Construction would be doing that day on the 4 improvements. 5 There may be days where they're 07 :50PM 6 going to be hauling dirt and there' s going to be 7 days, possibly even weeks, where they don't touch 8 it. 9 Also to follow up your concerns with 10 basically being, you know, the public right-of-way 07:50PM 11 and public safety, of these increased trucks being 12 put on the road, I don't know how else to -- you 13 know, to monitor that besides, you know, having 14 somebody be out there, but they have to follow the 15 laws of the state. 07:50PM 16 MR. WELZ: They are large trucks and 17 it's a small road. That's a concern. 18 MR. SCHULTZ: It's a concern probably 19 elsewhere, too, in the city. I don't -- I didn't 20 design that road. 07:50PM 21 MR. WELZ: And no sidewalks. That's a 22 real concern for me. 23 MR. DAVIDSON: To put it -- to put it 24 into context -- and I don't think -- we have not DepoCourt Reporting Service, Inc . (630) 983-0030 Page 38 1 done any traffic counts or anything. To put it 2 into context, if you were to take, you know, ten 3 trucks a day, relative to the number of cars that 4 go up and down Fox Road -- because, you know, 5 again, I lived there for 18 years until I went 07:51PM 6 away to college, although it's -- 7 UNIDENTIFIED AUDIENCE MEMBER: It' s 8 changed. 9 MR. DAVIDSON: It's increased since you 10 folks moved there. 07:51PM 11 MR. WELZ: River Road is on there, too, 12 that doesn't help. 13 MR. DAVIDSON: The relative -- you are 14 talking about an increase of probably less than 15 five percent in terms of the gross traffic. 07:51PM 16 MS. NOBLE: To further that discussion, 17 their access point is in the county, so the 18 county, the county highway division, department, 19 will be looking at that. 20 They will be making recommendations 07:51PM 21 on access points, entrance and exit points, 22 required signage to let you know that trucks are 23 entering and exiting this site, so that's part of 24 their permit process review and improvement. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 39 1 MR. WELZ: And what are the guarantees 2 then that the fill is strictly from 47? 3 MR. DAVIDSON: Just what the folks from 4 Brandon Road Properties and D. Construction have 5 said, at this time we're not limiting the site to 07 :52PM 6 just Route 47 because there may be need to locate, 7 but according to Joe, we're not going to be -- 8 MR. PHILLIPS: No, there is enough fill 9 on Route 47 to do this site and take more away. 10 MS. NOBLE: There is a mechanism if the 07:52PM 11 Plan Commission wants to make it a condition of 12 the special use that it is only limited to that 13 soil that is taken from the Route 47 project. 14 MR. DAVIDSON: But understand, again, 15 when we're talking about developing any 07:52PM 16 residential subdivision, dirt is brought in, and 17 it has to be determined to be clean dirt, so it's 18 not unusual. 19 CHAIRMAN LINDBLOM: Okay. Next 20 question, the gentleman in the red shirt right 07 : 53PM 21 here in front. 22 MR. HIRSCH: Don Hirsch. I live in 23 White Oaks. I guess you've been talking that the 24 IEPA and the IDOT is going to be monitoring all DepoCourt Reporting Service, Inc . (630) 983-0030 Page 40 1 this stuff. That's your big push. 2 If we start other projects, how do 3 we know that they're going to be involved to this 4 degree, soils, or anything coming from different 5 areas? 07:53PM 6 MS. NOBLE: They are required to 7 certify. If we need, I guess Jeanette can answer 8 that, but we can get load counts I guess. When 9 you certify soil, how many trucks come out, you 10 have to certify the soil. We can get load counts. 07:53PM 11 I guess that' s something that we can determine, 12 but their third-party independent environmentalist 13 will have to certify that. 14 MR. HIRSCH: On the Route 47 . 15 MS. NOBLE: Mm-hum. 07:53PM 16 MR. HIRSCH: Okay, but we just opened 17 this up to other potential fill, so -- 18 MS. NOBLE: We haven't yet. We haven't 19 yet. That is a condition of the special use, if 20 the Plan Commission decides to make it a 07:54PM 21 condition. We can limit it to that. 22 MR. HIRSCH: Do you think they will? 23 CHAIRMAN LINDBLOM: I 'm sorry? 24 MS. NOBLE: They are right here. You DepoCourt Reporting Service, Inc . (630) 983-0030 Page 41 1 will see the vote when I see it. 2 CHAIRMAN LINDBLOM: Okay. 3 Mr. HIRSCH: Thank you. 4 CHAIRMAN LINDBLOM: Gentleman right here 5 in the second row. 07:54PM 6 MR. SCHNELLER: Has there been a 7 traffic -- 8 CHAIRMAN LINDBLOM: Sir, your name, 9 please? 10 MR. SCHNELLER: Oh, I 'm sorry. Ted 07:54PM 11 Schneller, Ford Estates. Has there been a traffic 12 study? 13 MR. DAVIDSON: No, there has not been a 14 traffic study. I mean, the traffic study would 15 only determine what the current usage of the road 07:54PM 16 is, so -- 17 MR. SCHNELLER: Well, there also -- I 18 mean, it's quantifiable as far as how much dirt is 19 going to be taken out of 47, so you can quantify 20 by that how many trucks are going to be required 07:54PM 21 to do that -- 2 2 MR. DAVIDSON: Sure. Absolutely. 23 MR. SCHNELLER: -- And, therefore, you 24 can make a traffic study, so without a traffic DepoCourt Reporting Service, Inc . (630) 983-0030 Page 42 1 study, how can we know what kind of impact this is 2 going to have? 3 MR. DAVIDSON: Well, absolutely. And we 4 have already put that in our petition. 5 MR. SCHNELLER: Well, how can it be 07:54PM 6 considered without a traffic study? For instance, 7 if the traffic study says there's going to be 8 gridlock at Fox and 47, because I have heard from 9 the Plan Commission that there could be up to 50 10 trucks a day, which is a hundred truck trips a 07:55PM 11 day. 12 Well, how can we even consider doing 13 this if we don't know what it's going to do? 14 That's just number one. 15 Number two, has there been a study 07:55PM 16 with regard to drainage? You say it' s going to 17 drain to an area that' s floodplain. 18 Is there an engineering study to 19 tell me how many acre feet of water are going to 20 be drained? Have there been studies with regard 07 : 55PM 21 to the noise and the pollution? Have there been 22 studies with regard to alternate sites? 23 I mean, there is land up and down 47 24 that is zoned industrial that can facilitate this. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 43 1 Without professional studies, how can we even 2 consider this intelligently? I mean, we can 3 postulate, we can take -- 4 (Applause. ) 5 MR. SCHNELLER: And I disagree with you 07:55PM 6 with regard to this is what would have to be done 7 for any subdivision. There is not a specific 8 plan, correct? So how do you know what would have 9 to be brought in or not brought in without a 10 specific plan? 07:55PM 11 So I think there's just not adequate 12 evidence, there is certainly not adequate studies, 13 to make any sort of intelligent decision. 14 MR. DAVIDSON: Well, with all -- with 15 all due respect to you, and in fairness to the 07:56PM 16 Planning and Zoning Commission, the Planning and 17 Zoning Commission tonight is dealing with the 18 special use, so a special use under Illinois law 19 is a permitted use as long as we meet certain 20 qualifications, so some of the things that you're 07 : 56PM 21 addressing really have to do with the site 22 development process, but again, we're committed 23 because you folks are here tonight to answer 24 everyone's questions. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 44 1 So as it relates to the traffic 2 count, we have estimated high that on peak days -- 3 MR. SCHNELLER: Are you a traffic 4 expert? 5 MR. DAVIDSON: This is not -- This is 07:56PM 6 not my -- 7 MR. SCHNELLER: Well, I mean, it should 8 be an expert, not just you, and not -- 9 MR. DAVIDSON: My client knows -- It has 10 nothing do with a traffic expert, it has to do 07:56PM 11 with the amount of dirt that we anticipate taking 12 off of Route 47 and having to relocate. That has 13 nothing do with a traffic study. 14 MR. SCHNELLER: That is going to dictate 15 how many trucks are necessary. The amount of dirt 07:57PM 16 is going to dictate the amount of trucks. 17 MR. DAVIDSON: I respectfully disagree 18 with that. There is a disagreement as to -- 1 9 MR. SAVOREE: There will never be 50 20 trucks hauling dirt in the same day. 07 : 57PM 21 UNIDENTIFIED AUDIENCE MEMBER: 49. 22 MR. SAVOREE: It's too close to the 23 dump. It takes five or ten minutes to load the 24 truck, so if it takes five or ten minutes -- DepoCourt Reporting Service, Inc . (630) 983-0030 Page 45 1 UNIDENTIFIED AUDIENCE MEMBER: But if 2 there is 35 trucks a day or if there is 40 trucks 3 a day, again, without a study -- 4 CHAIRMAN LINDBLOM: We can't have this. 5 One person at a time. Our stenographer here has 07 :57PM 6 said that she cannot hear. She cannot get this 7 all down. 8 All right. Gentleman over here from 9 D. Construction, state your -- 1 0 MR. SAVOREE: Phil Savoree with D. 07:57PM 11 Construction. Anyway, on the biggest day we're 12 going to haul a hundred loads there. That's the 13 biggest day. Most days are going to be 10, 20 . 14 And you're talking about 5, 000 loads total over 15 the space of two years. It's not going to be just 07:57PM 16 massive trucks hauling down the road. Most of the 17 loads are going to go to the quarry and bring back 18 stone. 19 MR. SCHNELLER: Well, you just said that 20 there is -- excuse me. You just said there is 07 : 58PM 21 going to be no more than 20 to 30, but now you say 22 a hundred. 23 MR. SAVOREE: I didn't say that, okay? 24 MR. SCHNELLER: Okay. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 46 1 MR. SAVOREE: The average day is going 2 to be 20 trucks. The peak day will be a hundred. 3 MR. SCHNELLER: Well, my point is 4 without specific traffic studies by experts, we're 5 all just throwing darts at the wall. 07:58PM 6 CHAIRMAN LINDBLOM: Okay. Next 7 question. Judy? 8 MS. GILMOUR: Can I use the microphone? 9 CHAIRMAN LINDBLOM: Sure. 10 MS. GILMOUR: My name is Judy Gilmour 07:58PM 11 and I live in Fox Glen subdivision about 500 feet 12 away from the Evergreen property. 13 I called the DNR, I spoke with the 14 Bureau of Land with my concerns about how the 15 public is going to be protected from possible 07:58PM 16 contaminants going into the soil, and I was told 17 by the DNR that they really have very little 18 regulation over this type of thing, but if I saw 19 something questionable that looked like it was 20 contaminated, I was given the phone number of a 07 : 59PM 21 field inspector that I could call. 22 So that means that me, myself, my 23 neighbors, we'll have to stand out there and watch 24 these trucks unload this soil according to the DepoCourt Reporting Service, Inc . (630) 983-0030 Page 47 1 DNR, and to me that's not acceptable. They 2 could -- and they could not give me any guarantee 3 that there was going to be any monitoring going 4 on. 5 MS. NOBLE: The DNR, which is the 07:59PM 6 Department of Natural Resources, does not monitor 7 this type of use, it's the IEPA that monitors 8 this, so no, DNR could not give you a guarantee 9 because they are not the agency that monitors 10 that. 07:59PM 11 MS. GILMOUR: I think I misspoke. It 12 was the IEPA. It was the Bureau of Land from the 13 IEPA. 14 CHAIRMAN LINDBLOM: And not DNR? 15 MS. GILMOUR: No. 08:OOPM 16 MS. NOBLE: The IEPA can't -- in this 17 situation they are hiring a third-party to certify 18 because possibly they want to be objective and not 19 have their own staff monitoring a state project, 20 so that's why they have a third-party contractor, 08:OOPM 21 who is Enmarc, to do the certification. 22 CHAIRMAN LINDBLOM: Tom? 23 MR. GILMOUR: One of many questions, but 24 this is the first one. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 48 1 CHAIRMAN LINDBLOM: State your name 2 please, first. 3 MR. GILMOUR: Tom Gilmour, 23 Fox Glen 4 Drive. I'm not like a bike path speaker. I want 5 to read something out of the application itself. 08 : OOPM 6 Under the BA 1416, the IEPA has 7 developed a new set of regulations that are 8 presently under review by the Illinois Pollution 9 Control Board and proposed for adoption on 10 July 21st. 08:01PM 11 Are we trying to move this thing 12 along a little quicker than these new standards 13 take effect? 14 MS. NOBLE: No. As I stated earlier, 15 they are going to adhere to the new standards. 08:01PM 16 Even though they don't go into effect until 17 July 31st, they are going to adhere to those 18 standards now. 19 MR. GILMOUR: Once again, just to 20 restate what was one of the questions, but 08 : 01PM 21 something that might just be problematic, there 22 were formerly, I counted up, seven gas stations 23 throughout the history here, many before a lot of 24 the people moved to this town and know about. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 49 1 There is one that I know of that has 2 an underground full fuel tank that leaches to the 3 top to this day, and it' s going to be brought to 4 the attention of the IEPA, and there are who knows 5 what else. 08 : 01PM 6 And, first of all, I 've got a couple 7 of things that I want to ask here. One, why is 8 this the City's obligation to provide a still 9 clean fill site -- we're going to get to that in a 10 second -- for D. Construction? Their job, their 08:02PM 11 bid. 12 Where was the guarantee from the 13 City that they were obligated or the City to agree 14 to provide or facilitate a clean fill site for 15 them to put this material? 08:02PM 16 Let' s talk about clean fill. I want 17 a good definition of clean fill. I grew up on a 18 farm, I've been in the construction business for 19 45 years, I know a little bit about how 20 developments are developed. 08 : 02PM 21 Now, are we talking about coring out 22 the road right down to the gravel, whatever we may 23 find there? Are we calling that clean fill? 24 When I say black dirt, I 'm talking DepoCourt Reporting Service, Inc . (630) 983-0030 Page 50 1 about something you plant corn in and it grows . 2 I 'll let you finish. I 'll be back. 3 MS. NOBLE: Okay. I can answer the 4 first question, and I think there is a 5 representative here from Enmarc who can answer the 08 : 03PM 6 second question. 7 The first question, it is not the 8 City's obligation. The City is not providing the 9 site. This is like any other property owner that 10 comes to the City and wants to do some type of 08:03PM 11 development or operation on their land, they want 12 to be in compliance, so the City is not obligated. 13 What we are obligated to do by law 14 is any property owner has every right to come 15 before us and petition for a permit of approval, 08:03PM 16 and that's all that the City is considering. 17 Are you from Enmarc? Are you with 18 Enmarc? 19 MS. VIRGILIO: Yes, I am. Jeanette 20 Virgilio. I want to kind of clear up and maybe 08 : 03PM 21 educate some of the people in the audience, too. 22 There already has been a study done 23 on this highway project. Before IDOT even puts a 24 project up for bid, they go and do a preliminary DepoCourt Reporting Service, Inc . (630) 983-0030 Page 51 1 environmental site assessment, and they look at 2 all possible sources of contamination along a 3 roadway. 4 Based upon that preliminary 5 environmental assessment, they will then do a 08 : 04PM 6 subsurface investigation at those locations that 7 they think might be a problem, the gas stations, 8 the leaking underground storage tanks. 9 So what they do after they do that 10 site investigation, they determine areas that are 08: 04PM 11 actually impacted, that are contaminated, and by a 12 special provision they say that material has to go 13 to a Subtitle D regulated landfill that's 14 permitted to take that material. 15 The rest of the material is thus 08:04PM 16 determined as clean based upon sampling and what 17 Krysti had indicated as being the TACO standards 18 to stay on residential properties. 19 It has to meet the most stringent 20 standard, which is basically TACO. It' s for 08:04PM 21 residential use. 22 MR. GAWLIK: May I ask a question? 23 MS. VIRGILIO: Sure. 24 CHAIRMAN LINDBLOM: Sir, please. I 'd DepoCourt Reporting Service, Inc . (630) 983-0030 Page 52 1 like your name first. 2 MR. GAWLIK: I 'm Oly Gawlik. 3 CHAIRMAN LINDBLOM: I 'm sorry? 4 MR. GAWLIK: I 'm Oly Gawlik. I own the 5 properties adjacent to them on two sides of this 08: 05PM 6 property, and I would like to ask this person -- 7 I 'm sorry, I missed your name -- 8 MS. VIRGILIO: Jeanette. 9 MR. GAWLIK: -- a question. Okay. 10 All the studies that you're doing 08:05PM 11 right now and all the things you mentioned are 12 strictly related to 47 . 13 We just heard from them right now, 14 just a few minutes ago, that this is not limited 15 to 47, so what guarantees do you have when they 08:05PM 16 haul trash from Chicago, from God knows where, and 17 dump it into this site? 18 You are only talking about Route 47 . 19 Do you have assurance you can give me when they 20 haul stuff from other sites? 08 : 05PM 21 This is not something I said. This 22 is something that they mentioned. This is not 23 limited to 47 anymore, as what we were told 24 earlier. It is no longer Route 47 . They can DepoCourt Reporting Service, Inc . (630) 983-0030 Page 53 1 bring anything they want from anywhere. This is 2 what they said. I didn't say that statement. 3 UNIDENTIFIED AUDIENCE MEMBER: I heard 4 that, too. 5 CHAIRMAN LINDBLOM: Thank you, sir. 08 : 06PM 6 MR. GAWLIK: Thank you. 7 CHAIRMAN LINDBLOM: Any comment at all? 8 MS. VIRGILIO: I just want to clarify, I 9 do believe that this gentleman stated that we have 10 more dirt than we need for the Route 47 job, so it 08:06PM 11 won't be coming from other areas, and I do believe 12 that that can even be put in as a special 13 condition, so. . . 14 CHAIRMAN LINDBLOM: Lady over here. 15 MS. WELZ: My name is Lisa Welz . I am 08:06PM 16 from White Oak Estates. There has been some 17 creative talk here tonight, you know, kind of 18 sliding around some things, some misdirection. 19 You have talked a lot about, you 20 know, all these cars going down Fox Road, they're 08 : 06PM 21 already there, and these trucks are not going to 22 be drinking, they're not going to be smoking pot, 23 they're not going to be doing anything they're not 24 supposed to be doing during working hours. You DepoCourt Reporting Service, Inc . (630) 983-0030 Page 54 1 know, okay, that's great. 2 Fact is, these trucks are a lot 3 wider than a standard car. That's why the concern 4 is for our residents, for our students, for our 5 track team that are running down in the country in 08 : 07PM 6 White Oaks, you know, and their safety. 7 One of our neighbors was hit by a 8 pickup truck, much smaller than a dump truck, and 9 tossed about 30 feet and spent the next eight 10 months in a halo, you know, and this is an adult 08:07PM 11 who was watching the roadway and being careful. 12 You know, kids aren't always as observant as 13 adults are. So that is a very serious, you know, 14 concern of ours. 15 Also, you didn't talk -- you know, 08:07PM 16 this gentleman here talked about, you know, 20, 25 17 trips. Then we get a hundred trips. You know, 18 it's not until you get pinned down, you know, by 19 questions from other people as to is it going to 20 be restricted to Route 47 . You know, that 08 : 07PM 21 question was asked, that question was avoided, got 22 pinned down, and said that it was not being 23 restricted, though it can be a required use, and I 24 actually think that that ought to be something DepoCourt Reporting Service, Inc . (630) 983-0030 Page 55 1 that our Plan Commission ought to require, is it 2 is strictly from the Route 47 project and no 3 other. 4 I think it' s a very valid question 5 about monitoring. You talked a great deal about 08 : 08PM 6 the IEPA monitoring and so on and so forth. I 7 have two questions on that. One, if you allow it 8 from somewhere else, I can't see how you're going 9 to have any guarantees if the IEPA or anybody else 10 is monitoring it. 08:08PM 11 Secondly, you know, how do you know 12 if those trucks have been monitored? Are you 13 going to require someone to be on-site to see that 14 paperwork to verify that that truck, in fact, has 15 been inspected? 08:08PM 16 You know, you can take -- you know, 17 you can get their sheets and their proof and 18 everything else they provide you, but if you're 19 not there to see that truck or that paperwork for 20 that specific, you know, one being tested, how do 08 : 08PM 21 you know? You know. 22 And I guess I 'm not very trusting, 23 but on something like this, I don't think we 24 can. . . DepoCourt Reporting Service, Inc . (630) 983-0030 Page 56 1 CHAIRMAN LINDBLOM: Is there a response 2 to her question? 3 MS. VIRGILIO: Basically there will be 4 an environmental consultant on-site monitoring 5 during the excavation. 08 : 08PM 6 In addition, too, there is an 7 Illinois Department of Transportation resident 8 engineer who oversees the project, and he spends 9 most of his time out in the field overseeing. 10 MS. NOBLE: And most of your Public 08:09PM 11 Works Department and our engineering consultant 12 will also be on-site all day. 13 MR. SAVOREE: And the other question 14 about other jobs, it wasn't avoided or ran around. 15 This -- I have this project. These other jobs 08:09PM 16 that were listed on there, I don't even know if my 17 company has them. They're not my projects, I 18 don't know. 19 MS. WELZ: Oh. That's -- 2 0 MR. SAVOREE: And even if they are our 08 : 09PM 21 projects, they were still let through the State of 22 Illinois and will still be under the same PEZA and 23 everything else, the same environmental. 24 We do -- 99 percent of our work is DepoCourt Reporting Service, Inc . (630) 983-0030 Page 57 1 with government agencies, IDOT, whoever, Will -- 2 Will County, Kendall County. All of these 3 government agencies by law have to do 4 environmental studies on their job sites. 5 So, but there is enough dirt on this 08 : 1OPM 6 job site, there's not going to be room to bring 7 dirt from -- I mean, this -- 8 MS. WELZ: Then it shouldn't be a 9 problem for you to guarantee in writing that that 10 is the only project that you're going to bring 08:10PM 11 fill in from, if that' s what you're telling me. 12 MR. SAVOREE: Well, I don't own the 13 property, so I -- 14 CHAIRMAN LINDBLOM: I think the 15 solution -- Excuse me. The solution to that, 08:10PM 16 should the Commission choose, that could be a 17 condition of granting this. 18 MS. WELZ: Okay. And one other thing is 19 what about subcontractors? Are you going to have 20 subcontractors and are you going to make sure that 08:10PM 21 they're following the same regulations? 22 MR. SAVOREE: The subcontractors don't 23 handle excavation. 24 MS. WELZ: Okay. And then one last DepoCourt Reporting Service, Inc . (630) 983-0030 Page 58 1 question. Being that you are awarded this 2 contract means you had to provide a bid, and those 3 of us that have worked in various industries that 4 the bidding process goes on, I know that that 5 means that you figured out your man hours, you 08 : 10PM 6 know, all your costs and all your profit. 7 Part of that is going to certainly 8 be what are the costs going to be hauling. You 9 know, it's going to be how much are you going to 10 be able to -- how much concrete and so forth are 08: 11PM 11 you going to recycle to earn yourself some money, 12 how much fill are you going to be hauling away, 13 it's going to require so many trucks, so I really 14 believe that you know, you certainly should know, 15 how much fill you have and how many trucks that 08:11PM 16 would require. 17 You've hedged quite a bit on that, 18 and so I really think that you should be able to 19 give, you know, a far better, you know, figure 20 than well, it could be this or it could be that or 08 : 11PM 21 it's going to be this on a high day and it's going 22 to be this on a low day. You know, tell us. 23 You said 5, 000 . Is it 5, 000 loads? 24 Is that what' s in your bid? DepoCourt Reporting Service, Inc . (630) 983-0030 Page 59 1 MR. SAVOREE: 5, 000 loads is about what 2 I think will fit on that property, so. . . 3 MS. WELZ: But how many loads are you 4 estimating coming from that project? 5 MR. SAVOREE: That's how many I 'm 08 : 11PM 6 estimating. That's just my wild -- scientific 7 wild guess. 8 MS. WELZ: Well, then you might be 9 shortchanging yourself on that bid. 10 MR. SAVOREE: Because, like I said, all 08: 12PM 11 the dirt has to go somewhere, so if that -- if 12 5, 000 loads fills that up, then it' s got to go 13 somewhere else. 14 That property is available to me to 15 use, so I'm planning on putting about 08:12PM 16 5, 000 yards -- 5, 000 loads in there. When that's 17 full, then it's full. 18 MS. WELZ: Okay, I get that, but you -- 1 9 CHAIRMAN LINDBLOM: Okay, let's not beat 20 this into the ground. 08 : 12PM 21 MS. WELZ: Sorry. 22 MR. SAVOREE: When the trucks are 23 bringing stone back to put in the road or stone to 24 put into the sewer trenches, those trucks are DepoCourt Reporting Service, Inc . (630) 983-0030 Page 60 1 going to the quarry, so once they are loaded, 2 they're not going to go out of their way to dump 3 there, they're going to go to the quarry and dump 4 at the quarry and come back with the stone. 5 CHAIRMAN LINDBLOM: Okay. The gentleman 08 : 12PM 6 on the aisle, second to the last row. 7 MR. ROSS: Yeah. My name is George 8 Ross. I live in River's Edge. I 've got maybe 9 three quick questions. Number one, has the 10 property been sold or is it contingent upon you 08:13PM 11 guys getting this permit? 12 MR. DAVIDSON: We have purchased the 13 property. We own the property. 14 MR. ROSS: You own the property. Why 15 aren't you using Pavilion Road? 08:13PM 16 MS. NOBLE: There is a restriction from 17 the County as well as the City to not use Pavilion 18 Road. 19 MR. ROSS: Why? 20 MS. NOBLE: Because it' s not designed 08 : 13PM 21 for that type of weight of traffic. 22 MR. ROSS: He just said 5, 000 loads in 23 this project, that's done. That's 10, 000 trips 24 back and forth on Fox. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 61 1 Every time we've ever had anybody 2 talk to us about a dump, they were trying to tell 3 us how stupid we were, that we're going to make it 4 so beautiful, you guys ought to be paying us to 5 come in here and make a dump. 08 : 13PM 6 (Applause. ) 7 MR. ROSS: This is a dump and let' s not 8 forget it. 9 MS. NOBLE: Just a point of 10 clarification and probably reiteration, this is 08: 14PM 11 the same tantamount to any site preparation that 12 was done for any residential development here, and 13 had they been in the process of building a home, 14 the same amount of traffic that you would 15 experience for this would be happening as well. 08:14PM 16 CHAIRMAN LINDBLOM: How about the 17 gentleman in the back row with a blue shirt and a 18 hat on? Well, there is two blue shirts . Either 19 one. 20 MR. JOHNSON: Harold Johnson, T.J. 08:14PM 21 Johnson, 27 Ivy Drive, Yorkville, Illinois. I am 22 looking at a document that was presented to the 23 City of Yorkville. Number 7 in this document, 24 Page 44, says there does a floodplain exist on the DepoCourt Reporting Service, Inc . (630) 983-0030 Page 62 1 subject property, and it says yes. 2 MS. NOBLE: In their application, their 3 original application, we have confirmation 4 actually, and I have a FIRM map, which is issued 5 by the -- by FEMA, which shows there is no 08 : 15PM 6 floodplain on this property. 7 MR. SCHULTZ: Just to follow that up, 8 excuse me, I filled out that application and I 9 mistakenly put there is a floodplain on this 10 application. 08:15PM 11 I followed the previous application 12 that was submitted for Evergreen Farms for this 13 concept plan, so I take credit. I'm sorry for 14 that. That was my mistake. And then I redid my 15 research and my homework and came up with what I 08:15PM 16 came up with. 17 MR. JOHNSON: Because I represent a 18 farming aspect that I am concerned about. This is 19 a broader question. It seems to me that there is 20 an ongoing assault to take more and more farmland 08 : 15PM 21 out of production. We have a hungry world. We 22 have India, China, demanding more and more protein 23 in their diets, and here we are, another farm 24 gone. I don't like that. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 63 1 Another one is how -- if this is 2 clean fill dirt, what are you doing with the 3 asphalt and the concrete? 4 MR. DAVIDSON: With respect to the 5 farming question, we're actually -- we actually 08 : 16PM 6 would be putting this back into production. 7 MR. JOHNSON: After two years . Still a 8 two-year lapse. The other one is where are you 9 placing your asphalt and your concrete? 10 MR. SAVOREE: That will be recycled. 08:16PM 11 MR. JOHNSON: There is a huge wall that 12 has to be taken down. Where is all that going? 13 MR. SAVOREE: I'll let the folks at -- 14 that will all be recycled. 15 MR. JOHNSON: It will not be dumped on 08:16PM 16 the property? 17 MR. GILMOUR: Stored there. 18 MR. JOHNSON: Okay. And so this is 19 not -- you are not dumping anything on the 20 property? 08:17PM 21 MR. DAVIDSON: Just clean fill. 22 MR. JOHNSON: Okay, but that's dumping. 23 All right. 24 MR. DAVIDSON: Actually, just to DepoCourt Reporting Service, Inc . (630) 983-0030 Page 64 1 clarify, since you asked me the question, let me 2 answer your question. 3 MR. JOHNSON: Yes, please do. 4 MR. DAVIDSON: We intend to comply with 5 all the requirements for a special use, and the R2 08 : 17PM 6 residential zoning adopts the R1, and under Rl the 7 filling and excavating of R1 land is specifically 8 a special use, so, therefore, if we meet the 9 criteria of a special use, the Planning and Zoning 10 Commission is obligated to give a favorable 08:17PM 11 recommendation. 12 MR. JOHNSON: So this is only clean fill 13 dirt? 14 MR. DAVIDSON: That's correct. 15 CHAIRMAN LINDBLOM: All right. Now the 08:17PM 16 other gentleman in the back row, go ahead. The 17 one in the doorway. What is your name, sir? 18 MR. MILLER: Jim Miller. I 've got a 19 question. Is that dirt not going to be any higher 20 than street level or grade level that you're 08 : 18PM 21 bringing in there? 22 MR. DAVIDSON: Yeah, I 'm the lawyer, so 23 I 'll let the engineer take care of that one. 24 MR. SCHULTZ: Yeah, the elevations are DepoCourt Reporting Service, Inc . (630) 983-0030 Page 65 1 still to be determined, and that' s where the site 2 development permit will come in, but there is no 3 intention from my end to raise that higher than 4 the road. It would -- It would be out of place. 5 MR. MILLER: Then I 've got another 08 : 18PM 6 question. 7 MR. SCHULTZ: I mean, the elevation 8 difference -- and I do have an existing conditions 9 map that I did bring with me. I believe that it's 10 somewhere like three to four feet. 08: 18PM 11 MR. MILLER: Then I've got one more 12 question. Will you put a statement in your 13 contract with the village here that you will pay a 14 fine for every day this is over two years? 15 MR. SCHULTZ: I don't have those 08:18PM 16 obligations with the City. 17 MR. MILLER: I 've got one more question. 18 How much is the village getting out of this? How 19 much are you paying the village for this? 20 MR. SCHULTZ: I'm just the engineer. 08 : 19PM 21 I 22 MR. DAVIDSON: We -- 2 3 CHAIRMAN LINDBLOM: My understanding is 24 it's the filing fee for the permit. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 66 1 MR. MILLER: I can understand your -- 2 You seem to be swayed one way or another. You 3 don't seem to be open to this. You seem to be 4 already -- you already know what your answer is. 5 CHAIRMAN LINDBLOM: Nobody knows what, 08:19PM 6 sir? I don't understand. 7 MR. MILLER: You've already decided what 8 you are going to do. 9 CHAIRMAN LINDBLOM: No, we haven't. 10 MR. MILLER: That's what it sounds like 08:19PM 11 to me. 12 CHAIRMAN LINDBLOM: We're trying to get 13 your questions answered, your concerns right here. 14 We will discuss this and vote on it and send our 15 recommendation to the Council, and to accuse us of 08:19PM 16 something else is wrong. 17 UNIDENTIFIED AUDIENCE MEMBER: How come 18 we can't vote on it? 19 CHAIRMAN LINDBLOM: How about the 20 gentleman in the corner over here? 08:20PM 21 MR. ALLEN: Good evening. My name is 22 Dervin Allen of 12 Fox Glen Circle. I've heard 23 this gentleman make statements that the 24 existing -- you would do this to a site that a DepoCourt Reporting Service, Inc . (630) 983-0030 Page 67 1 subdivision was going to be built. 2 This is true, but when they do that, 3 they put roads in, they put drainage in, and they 4 control it. 5 He referred to the railroad tracks. 08 :20PM 6 The railroad tracks acts like a dam. There' s not 7 enough drainage underneath the tracks, so the land 8 that you're going to fill, that water has to go 9 somewhere, and the pipes that are underneath the 10 tracks are not big enough to handle the water now. 08:20PM 11 This was brought -- I recognize a 12 few faces and some I don't. When this was all -- 13 CHAIRMAN LINDBLOM: Your poster looks 14 familiar, too. 15 MR. ALLEN: Yes. I didn't change it. 08:21PM 16 Okay. I was glad I kept it. 17 Where this is showing you, just to 18 show a few people here, you can pass it around, 19 it's reference to this -- let's see. This is 20 Evergreen Farms. 08 :21PM 21 It's reference to -- this is the 22 water here, this is the other one here, it doesn't 23 show it any further. It winds around, comes 24 behind these houses, and there is another pipe DepoCourt Reporting Service, Inc . (630) 983-0030 Page 68 1 here. Okay? Neither one of these pipes can 2 handle the water. 3 I have a large pipe that I 4 researched before this and I was told from the 5 University of Illinois that speculation on this is 08 :21PM 6 that -- that is on the back of my property. 7 Hardly no water goes through it. It's high. 8 Their guess was it was for a cattle crossing years 9 ago when that was a dairy farm so the cattle could 10 get to the river. 08:22PM 11 Water right now runs from the forest 12 preserve all the way along the railroad tracks and 13 comes down. That's the only thing that goes to 14 that pipe. There is no drainage. Okay? 15 And this is something -- just to 08:22PM 16 prove this is the date, you can go back and Google 17 it, you can check the rainfall on it. This was 18 pulled up. From this existing house that is right 19 here on the corner of the subdivision, this is the 20 water coming out of here. 08 :22PM 21 You can see this green here in the 22 field, everything else is brown. This land all 23 has springs in it, too, okay? Now you're going to 24 come in and cover up springs. There is no DepoCourt Reporting Service, Inc . (630) 983-0030 Page 69 1 drainage put in. I 'm just concerned where the 2 water goes. Okay? 3 You can see that it was running 4 across Fox Glen here. This is all the way up. 5 They actually -- the County came out and shut down 08 :22PM 6 Fox Road that day. This was not a springtime 7 storm that the ground was just thawing, it was 8 just one of those rains, okay? 9 The other thing we've been referring 10 to is truck loads, truck loads, truck loads. How 08:23PM 11 many yards will be going out there? I recommend 12 to this committee if you do pass this along that 13 you put a limit on the yards of dirt. I mean, 14 somebody's got to have the numbers. And I would 15 recommend to the committee that they specialize 08:23PM 16 that it just comes from Route 47 . That's two of 17 my main recommendations. 18 And really I recommend not fill this 19 land because the water has to go somewhere. They 20 can't give you the heights, they can't give you 08 :23PM 21 the -- 22 MR. GILMOUR: 150-foot elevation. 23 MR. ALLEN: They cannot give you the 24 height even, how high they're going to fill it in DepoCourt Reporting Service, Inc . (630) 983-0030 Page 70 1 reference to the road. It sounds like they don't 2 have it thought -- well planned yet. And this is 3 what I got from the University of Illinois before. 4 Thanks, Tom. 5 And your highest point in your 08 :23PM 6 county roughly is High Point Road and Route 47, 7 your lowest is the Fox River, the way the bird 8 flies. 9 Take how big your county is; that's 10 a very short distance for water to run. Again, 08:24PM 11 the railroad tracks does not have ample, and they 12 won't put anything else underneath them. We can't 13 even keep the train on the tracks. 14 So did you even consider that? Do 15 they even consider that, putting -- There are no 08:24PM 16 retention ponds in here. When they come and we 17 agreed it went to an R2 zoning and everything, if 18 you go back and look at the plots and everything, 19 there were ponds all put in, all different ponds 20 put along the south end of this property to retain 08:24PM 21 that water on both these subdivisions that they 22 have plotted there, and that's probably about -- 2 3 MR. WELZ: By law you can't put. . . 24 MR. ALLEN: And there was studies done DepoCourt Reporting Service, Inc . (630) 983-0030 Page 71 1 on it then, too. 2 CHAIRMAN LINDBLOM: Okay. Gentleman 3 nearest the doors with the glasses I believe. 4 Yes. 5 MR. MOORE: Keith Moore. I am at 08 :25PM 6 Pavilion Heights. I live on the corner of Chally 7 and Pavilion. You know, this floodplain, the 8 entire Pavilion Road from our house north flooded 9 out last spring. I mean, we're talking it almost 10 shut down parts of Pavilion Road. 08:25PM 11 This property abuts Pavilion Creek. 12 It comes right down through there. If they're not 13 going to address drainage from Pavilion Creek and 14 improve this, exactly what he just said, we're 15 going to be flooded out like crazy up in Pavilion 08:25PM 16 Heights. 17 The other part that you're talking 18 about is a special use permit. If this was going 19 to be a subdivision, we'd have the full PUD, 20 streets, sewers, everything going in to handle it. 08 :25PM 21 Right now we're dumping 5, 000 truck 22 loads, estimate, of dirt on a piece of property 23 with no infrastructure going in. That's why it' s 24 a special use permit. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 72 1 It doesn't -- We're putting the cart 2 before the horse here. It doesn't make a lot of 3 sense. 4 (Applause. ) 5 MR. SCHULTZ: Just to interject just a 08 :26PM 6 second, I want to talk just real briefly about 7 the drainage. I am familiar with those photos. 8 We are talking about two different drainage 9 divides. 10 MR. GILMOUR: No. 08:26PM 11 MR. SCHULTZ: Fox -- Yes, we are. 12 MR. GILMOUR: It heads in that 13 direction, I know better, and -- 14 MR. SCHULTZ: Okay. 15 CHAIRMAN LINDBLOM: Let the gentleman 08:26PM 16 state his facts, please. 17 MR. SCHULTZ: There is different 18 drainage divides. There is a road -- or a bridge 19 trellis where our -- this property is tributary 20 to. 08 :26PM 21 He is referring to behind Fox Glen 22 where Silver Fox drains down this corridor into 23 this, and that will be a process of the 24 engineering. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 73 1 Why we haven't given you details 2 that you are looking for, of elevations, how much 3 fill, that is the next step. This is a process. 4 Special use is our first step in this process. 5 The next process is to get to the final 08 :26PM 6 engineering. 7 And we are taking this property 8 essentially and leaving it in its same current 9 state, it' s going to be farmed, so the drainage 10 run-off is the same as it is in existing. 08:27PM 11 UNIDENTIFIED AUDIENCE MEMBER: No, it' s 12 not. 13 MR. MOORE: You just said you're putting 14 5, 000 truck loads of dirt into a non-PUD 15 subdivision. Nothing -- None of the 08:27PM 16 infrastructure is there. We are putting this dirt 17 in with no infrastructure. It' s not the same 18 thing. You're raising the dirt level of this 19 entire property. That's what we're here for. 20 If we're leaving it the same, then 08 :27PM 21 we wouldn't need to be here, there would be no 22 special use permit before the Plan Commission, so 23 we're not leaving it the same. 24 Yes, I am a little bit passionate DepoCourt Reporting Service, Inc . (630) 983-0030 Page 74 1 about it because we flood over where we're at. 2 CHAIRMAN LINDBLOM: Understood. 3 Understood. Okay. At this time I 'm going to ask 4 if there is any new issues that we have not talked 5 about. 08 :27PM 6 We've talked about a whole lot of 7 things. I don't want to hear about flooding and 8 truck loads. We have all talked about that. You 9 may not believe the answers that you've heard, but 10 that's up to you individually. 08:27PM 11 Now, is there something else to 12 bring up? Gentleman right back here under the 13 clock. 14 MR. HETTINGER: My name is Nick 15 Hettinger from Pavilion Heights. I had a bunch of 08:27PM 16 questions; I won't ask those because they may be 17 repeats. 18 Would you consider as the council 19 here putting this dirt on the old Countryside 20 Center area -- 08 :28PM 21 (Applause. ) 22 MR. HETTINGER: -- and leave it there 23 rather than here? You are in a position where you 24 can say no special permit, find another place. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 75 1 Maybe Countryside Center. Isn't doing anything 2 else for us. 3 UNIDENTIFIED AUDIENCE MEMBER: But 4 they've already bought the land. 5 MR. HETTINGER: I guess that' s all I 'm 08 :28PM 6 going to ask. 7 CHAIRMAN LINDBLOM: Is that your 8 question? I don't know the answer to that. Right 9 here in front. 10 MR. SCOTT: Hi. My name is Randy Scott. 08:28PM 11 I live in Pavilion Heights. A question I have is 12 we were talking about the IEPA tonight. We all 13 know the State of Illinois is broke, okay? 14 They're short of help. Everybody is short of 15 help. I'm short of help. I 'm short of money and 08:29PM 16 everything else. 17 Here's the deal. IEPA cannot 18 monitor or control yard waste down 71; you're 19 talking about them hiring another entity to come 20 in and test this soil and all of this stuff. 08 :29PM 21 If they can't monitor that, if they 22 don't have enough staff, who is the -- who is the 23 other party that we're going to hire here to 24 monitor this stuff that we're hauling away from 47 DepoCourt Reporting Service, Inc . (630) 983-0030 Page 76 1 to make sure it's not contaminated? 2 MS. NOBLE: We're not hiring. The State 3 of Illinois has already engaged Enmarc to do that. 4 MR. SCOTT: Well, I heard somebody say 5 something about a third-party. 08 :29PM 6 CHAIRMAN LINDBLOM: That is -- 7 MS. NOBLE: That is -- Enmarc is the 8 third-party consultant. 9 MR. SCOTT: I 'm sorry? 10 MS. NOBLE: Enmarc is the third-party 08:29PM 11 consultant that IDOT has hired. The City has not 12 hired anyone. 13 MR. SCOTT: They are doing the 14 environmental on this, so then the IEPA is going 15 to be watching over them? Or how does that work? 08:30PM 16 MS. NOBLE: They are a third-party 17 independent environmental engineer, and their 18 role, because IDOT and IEPA are both state 19 agencies, is to be an objective third-party entity 20 to monitor the soil contaminants. That's their 08:30PM 21 role. 22 Not part of the City's staff and we 23 have nothing to do with that. That's part of the 24 IDOT project. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 77 1 MR. SCOTT: Okay. Well, my hope and 2 concern is that -- you know, that they'll have 3 enough staff, that they'll do the proper testing 4 and, you know, look at this stuff really good 5 because, like I say, we can't even monitor 08 : 30PM 6 composting, how are we going to monitor this? 7 Thank you. 8 CHAIRMAN LINDBLOM: Gentleman in the 9 doorway with a black shirt, I believe you had your 10 hand up. 08:30PM 11 MR. MALOHN: Yeah. My name is Paul 12 Malohn and I live in Pavilion Heights. I have two 13 comments here, and I know you people are all 14 talking about Fox Road construction. What's going 15 to stop them from going around on 71 and coming 08:31PM 16 down Pavilion Road, which can't handle the trucks 17 that go up and down it now? 18 Menards' trucks go up and down there 19 as a cut-off rather than going through Yorkville, 20 so we -- and that doesn't get monitored, so what's 08 : 31PM 21 going to say they're not going to go around and 22 tear that road up worse than it already is? 23 That's one question I 've got. 24 And the other one -- and I know you DepoCourt Reporting Service, Inc . (630) 983-0030 Page 78 1 don't want to hear about floods, but I lived there 2 in ' 78 and we lived through a big flood, and the 3 main reason was that creek got plugged up down 4 there, and if they start changing the grade of 5 that property at -- on Pavilion Road right there 08 : 31PM 6 on that corner down there by Fox Road, that water 7 is still -- it' s going to back up into that Timber 8 Creek and there's going to be some real problems, 9 and I think that if you guys go ahead and do this, 10 I think that everyone that there lives out there 08:31PM 11 should get an attorney and sue you for floodplains 12 because that is a floodplain out there. Go out 13 there when it rains . You'll see it. 14 CHAIRMAN LINDBLOM: Okay, enough -- 15 MR. MALOHN: That's my only comment. 08:32PM 16 CHAIRMAN LINDBLOM: Enough on that. 17 Gentleman standing up. Make it short, please. 18 MR. GAWLIK: This is a public hearing 19 and I'm here to find answers. Actually I came 20 here to really find answers. 08 : 32PM 21 I knew it when I bought this land. 22 This is not the first time we've been through 23 this. As you know, this area has been attracting 24 all sort of things. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 79 1 We just finished, in fact, the dump 2 that they were going to put on 71 within two miles 3 of us; then before that we had country western 4 that they were going to do, there was going to be 5 noise and all sort of stuff. 08 : 32PM 6 So people moved out here because 7 they wanted to live in the country, because of 8 what Yorkville offers. I didn't -- I didn't come 9 here from Aurora to find out myself that I 'm going 10 to be living right next to a construction site. 08:33PM 11 Okay? 12 So I 'm not going to dwell on this 13 idea, I just want to make a few points and I 'll 14 try to make it very short. 15 First thing is, you know, I ask 08:33PM 16 myself what's the point in having zoning laws if 17 every time we have something that somebody wants 18 to do in this area, they can just come in here and 19 walk through and say oh, we just need new zoning, 20 can you please give us new zoning. What's the 08 : 33PM 21 point? 22 (Applause. ) 23 MR. GAWLIK: When I tried to build on 24 this property, my attorney says go find out what DepoCourt Reporting Service, Inc . (630) 983-0030 Page 80 1 zonings do they have around you. This will 2 determine what' s going to happen. 3 It was purely agricultural. Then it 4 got changed to residential, which is fine. 5 Residential, there is nothing wrong with it. I 08 : 33PM 6 don't think anyone here is against any major 7 thing. We are just concerned about basic things. 8 Our well. Let's think about our 9 well issue because I want to revisit that. What I 10 heard today -- and you all are witness to this -- 08:34PM 11 he didn't say that it' s only limited to 47 . 12 He didn't say it will never be 13 contaminated. He said if it is, if it did get 14 contaminated, we will try to contain it. He 15 didn't say that it will never be contaminated. 08:34PM 16 If you disagree with me, will the 17 City of Yorkville then guarantee me? I am right 18 next to the property. I 'm not a few hundred feet, 19 I 'm right next to it on both sides. My well is 20 probably within 50 feet away. 08:34PM 21 So will the City of Yorkville 22 guarantee me that my well will not be 23 contaminated? Because when and if it does get 24 contaminated, you can bet that I will sue not only DepoCourt Reporting Service, Inc . (630) 983-0030 Page 81 1 the City of Yorkville, I will sue everyone that's 2 involved because this is my home, this is my life. 3 So with that, this is the well issue. 4 Back to the flood, okay? How many 5 people lived here and can see that there are -- at 08 : 35PM 6 least I witnessed it once where Pavilion Road 7 itself, I could not drive on it because it was 8 flooded completely, and the site that they are 9 talking about was completely under water, how many 10 of you saw that? 08:35PM 11 Okay. So my question to you is if 12 it's not in the floodplain, why isn't it in the 13 floodplain? 14 MS. NOBLE: We don't determine that. 15 MR. GAWLIK: Okay. Who determines that? 08:35PM 16 MS. NOBLE: The federal government 17 determines that. 18 MR. GAWLIK: Okay. Then we have to talk 19 to the federal government because this really 20 should be in the floodplain. We have seen it -- 08 : 35PM 21 As you saw from this, we have seen it completely 22 under water. This is where the water flows. It 23 flows from Pavilion Heights, comes down all the 24 way. This is the lowest point in this whole area. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 82 1 So it is not just me saying it, 2 everyone here saw it, so I don't care what the 3 federal government says. If their maps are wrong, 4 then we can work to fix this problem. But I 5 wanted you to hear that it does get flooded, it is 08 : 36PM 6 under water, I have seen it under water, and I 7 wish I had a picture of it. 8 In fact, that day it was so much 9 under water I could not drive on Pavilion Road and 10 I had to call to work and say I can't get out of 08:36PM 11 my house and they laugh at me because they 12 couldn't believe that there is so much water out 13 there on the street that I can't drive. 14 So to settle the flood -- the flood 15 issue, okay, I think we can go back, we can work 08:36PM 16 with the government, the federal government, to 17 fix this issue because honestly -- and again, I'm 18 not just saying that, you saw the counts here, it 19 is under water. 20 So when you bring all this dirt -- 08 : 36PM 21 okay, right now you have all this space -- it's 22 like a city pool. You have all this water flowing 23 all the way from Pavilion Heights all the way down 24 and this is your pool. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 83 1 Now you're going to go and fill it 2 up with no drainage. None whatsoever. Where is 3 the water do you think going to go? 4 Well, guess what? It's going to 5 flood Pavilion Heights, and if Pavilion Heights 08 : 37PM 6 gets flooded, that means my house is completely 7 under water, okay? 8 And I will be very honest with you. 9 When I built my house, I had neighbors come to me 10 and tell me, hey, make sure you raise -- you raise 08:37PM 11 your house because this area does get flooded. 12 okay? 13 But this issue of flooding, it' s 14 really a serious issue, and when we bring 5, 000 15 trucks, whatever, to dump it there, you are 08:37PM 16 basically filling this pool right now that's 17 basically consuming this water when it rains. 18 CHAIRMAN LINDBLOM: I don't think 19 anybody doubts what you are saying is true. 20 That's not the issue. 08 : 37PM 21 MR. GAWLIK: Okay. That' s number one. 22 Trucks . Related to the trucks -- 2 3 CHAIRMAN LINDBLOM: Is this -- excuse 24 me. Is this something new related to trucks? DepoCourt Reporting Service, Inc . (630) 983-0030 Page 84 1 MR. GAWLIK: Well, I 'm trying to give 2 you the facts. I 'm trying to give you the facts 3 and summarize what's being said here, okay, 4 because I came to find facts . I came to find out 5 what's ahead of you, what's being proposed to you. 08 : 37PM 6 Okay? 7 And what I see here is I see that we 8 have absolutely no plans, none whatsoever, as to 9 what's going on. We look at the trucks, we heard 10 20 trucks, no more than 20 trucks a day; then 08:38PM 11 within their own company they said it's a hundred 12 trucks now, and they don't know. This is only 13 from his company, okay? So with that, I'm going 14 to close on that one for the trucks issue. Okay. 15 Traffic, okay? What we heard today 08:38PM 16 is that they will obey and follow all the 17 guidelines for the weight and that will determine 18 how much each truck will carry. 19 Well, what that says is that, okay, 20 they have to -- they have certain dumps that they 08 : 38PM 21 have to do, okay, so if you limit the number of 22 pounds, whatever, they're going to load per truck, 23 all that means is they're just going to increase 24 the number of trucks. That does not answer the DepoCourt Reporting Service, Inc . (630) 983-0030 Page 85 1 question. The question is how are you dealing 2 with the traffic on Fox Road. 3 Today, to be honest with you, Fox 4 Road can't handle the traffic today, okay? And if 5 you want to see Pavilion Road, I wish I brought 08 : 39PM 6 you pictures of Pavilion Road. 7 Last week I almost had an accident. 8 You know why I almost had an accident? Because 9 there's so many potholes on Pavilion Road that I 10 have to actually go and get in the side lane, and 08:39PM 11 that's another thing I want to bring to the City 12 Council at some different meeting, is that 13 Pavilion Road is a disaster today. 14 CHAIRMAN LINDBLOM: That' s not in the 15 city, sir. 08:39PM 16 MR. GAWLIK: Okay. Well, yes, it is . 17 It is within the city. 18 CHAIRMAN LINDBLOM: Portions of it? 19 Okay. 20 MR. GAWLIK: It was taken over by the 08 : 39PM 21 City once they took the subdivisions, okay? 22 CHAIRMAN LINDBLOM: I 'm wrong. I 'm 23 wrong. 24 MR. GAWLIK: And right now, it' s full DepoCourt Reporting Service, Inc . (630) 983-0030 Page 86 1 with potholes today. So the idea of more traffic 2 is coming in and more -- it can't handle it today. 3 Okay? 4 If we're saying that -- if there is 5 no contamination, it's all clean fill, we still 08 : 39PM 6 don't -- I don't have -- Does the City have a 7 definition of what clean fill is? 8 MS. NOBLE: The state does . The IEPA. 9 MR. GAWLIK: Okay. So if it' s all clean 10 fill like the gentleman said, it' s all great, it' s 08:40PM 11 all wonderful, we should be paying them money to 12 do this, why can't the City of Yorkville and 13 themselves give me a guarantee that my well will 14 not be contaminated? 15 If it's all so great, why can't you 08:40PM 16 give me guarantee? I 'm asking. This is -- this 17 is a public hearing for you -- for me to ask the 18 question and for you to answer. 19 MS. NOBLE: That is nothing that I can 20 answer. That could be an act of God. It' s 08:40PM 21 nothing that any individual can guarantee. 22 MR. GAWLIK: No, it's not an act of God 23 because I can measure it today and I can measure 24 it once they start the construction, and I can DepoCourt Reporting Service, Inc . (630) 983-0030 Page 87 1 tell you, I don't really care about what the EPA 2 says because in my opinion, I know what the EPA -- 3 the EPA can't even handle little things, let alone 4 handle something, you know, 200 miles away, so I 5 don't personally -- you know, all these guarantees 08 : 40PM 6 about EPA and all that, they mean nothing to me, 7 okay? 8 CHAIRMAN LINDBLOM: What is your point? 9 MR. GAWLIK: My point is you have no 10 guarantees. You're telling us it's a clean fill, 08: 41PM 11 but yet at the same time you cannot give me 12 guarantee that you're not going to poison my well, 13 and I'm right next to it. I 'm not a hundred feet 14 away, I'm right next to it. 15 Can you give me guarantee? Because 08:41PM 16 this is the question that I'm going to give you, 17 when I do my test and it shows major differences 18 between what I had before and what I have now, 19 these are the questions that I'm going to be 20 asking you in front of a judge. I am not shy 08 : 41PM 21 about it. I can tell you that right now. 22 MS. NOBLE: Well, since the City is not 23 doing the work and it' s not our project, we can 24 guarantee that we won't be the ones contaminating, DepoCourt Reporting Service, Inc . (630) 983-0030 Page 88 1 if there is. We're not -- the City is not 2 involved in this project. It's set for the 3 special use. 4 MR. GAWLIK: Okay. When we get there, 5 we'll deal with it. Right now my job is to pose 08 : 41PM 6 the question to you because by posing the question 7 to you, if something does happen and things do go 8 wrong, then I can go to a judge and say, Your 9 Honor, on this day I did tell them, I warned them, 10 and they decided to ignore me and go ahead with it 08:42PM 11 anyway. 12 I'm not saying it' s going to happen, 13 I 'm not saying you guys are going to ignore me. I 14 think you guys in the past have done a fantastic 15 job. I know you had to fight a big battle to get 08:42PM 16 rid of the dump that they were planning on 71, 17 so -- 1 8 CHAIRMAN LINDBLOM: Sir, it's getting 19 late. 20 MR. GAWLIK: Okay. 08:42PM 21 CHAIRMAN LINDBLOM: I think we have 22 answered your questions. Let's move on to 23 something else. 24 MR. GAWLIK: Okay. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 89 1 CHAIRMAN LINDBLOM: Something else you 2 have that we have not talked about in the past. 3 MR. GAWLIK: Okay. The other thing, 4 too, is that it just seems like in general every 5 question we asked tonight, we didn't get any clear 08 : 42PM 6 answer. 7 First we talked about it's two years 8 project, okay? Then it became two years plus. We 9 don't know what that plus is . We have no 10 engineering track, okay? We have no idea what the 08:42PM 11 elevation is going to be. We have no plans for 12 drainage. Nothing. 13 So, I mean, I guess one thing I 14 don't understand is for the traffic light that we 15 want to put in the City of Yorkville, right, we go 08:43PM 16 and we do a city engineering traffic study, and 17 here we are, we've got 5, 000 loads, whatever 18 they're going to run, a hundred trucks per day, 19 and no engineering traffic needed? How is that 20 possible? 08 : 43PM 21 CHAIRMAN LINDBLOM: Okay. These are 22 things that we're going to take into consideration 23 if we get to that point. 24 MR. GAWLIK: Okay. That' s all I have. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 90 1 Thank you. 2 CHAIRMAN LINDBLOM: Way back in the 3 corner. Yes, sir. 4 MR. LAUWERS: Barry Lauwers. I live on 5 Pavilion Road. 08 : 43PM 6 CHAIRMAN LINDBLOM: Barry, hold on. You 7 are next. 8 MR. LAUWERS: Okay. 9 MR. DUSELL: My name is Fred Dusell. 10 I 'm a Yorkville city resident. Before I get 08:43PM 11 started, I never heard tonight, are these drivers 12 going to be paid by the load or by the hour? 13 MR. SAVOREE: Hour. 14 MR. DUSELL: By the hour? Okay. I was 15 hoping to come here tonight and get assurances 08:43PM 16 that I 'd be more comfortable with what's going on 17 with this project. I am leaving here tonight more 18 concerns than I came in with. It's unfortunate. 19 (Applause. ) 20 MR. DUSELL: The discrepancies between 08:44PM 21 the applicant's representatives just are way out 22 of bounds. They came very ill prepared. I am 23 very concerned with the way this came about. 24 I was in business for ten years DepoCourt Reporting Service, Inc . (630) 983-0030 Page 91 1 myself. When I went out and purchased things for 2 our business, we had pretty good assurance that 3 what we were purchasing was going to bring a 4 profit to us. 5 How this came about and putting this 08 : 44PM 6 kind of money down on a property without having a 7 contingency that this property is going to be used 8 for that purpose makes things look kind of 9 underhanded. I want to know about -- 10 (Applause. ) 08: 44PM 11 MR. DUSELL: That's -- that's about it. 12 I 'd like to get some good answers on how this came 13 about. 14 CHAIRMAN LINDBLOM: Okay. Barry? 15 MR. LAUWERS: Yeah, Barry Lauwers. I've 08:44PM 16 lived out on Pavilion Road since 1974, I 've been 17 through several floods, but I'll tell you this 18 much. As anybody can tell you that lived in 19 Pavilion Heights, and my neighbor George, it 20 floods, comes clear up my driveway about 150 feet, 08: 45PM 21 but when it gets down to Fox Road, that's where 22 all the problem is. 23 We've got beaver dams, we have 24 trees, we have brush, we have washers and dryers DepoCourt Reporting Service, Inc . (630) 983-0030 Page 92 1 and junk thrown in there, and it flooded. Once it 2 got cleaned out, it ran a lot better. 3 Across the road they've got a ditch 4 that runs down there clear to the river, and 5 16 inches of rain we got in that hour, everybody 08:45PM 6 ought to remember that -- 7 UNIDENTIFIED AUDIENCE MEMBER: Yep. 8 MR. LAUWERS: -- and I 'll tell you what, 9 the water went down that ditch, and Tyson's didn't 10 stay wet hardly at all. I mean, it had some ponds 08:45PM 11 from 16 inches, but it dried up. And I don't 12 think you have to worry about floodplain out 13 there. 14 I don't know about what it's going 15 to do about the wells; I 'm not going to argue 08:45PM 16 that. 17 One other thing, they talked about 18 traffic. Okay. I drive that road every day. I 19 don't see a bunch of kids walking on the road 20 except out there hiking, and you've got to be an 08 : 46PM 21 idiot to walk on Fox Road anyway because of the 22 traffic. 23 The track team, I got so mad, I 24 called the coach a few years ago. I came out of DepoCourt Reporting Service, Inc . (630) 983-0030 Page 93 1 town -- The town just built a fancy track right 2 out here in back for the kids to run on, and all 3 of a sudden I 'm coming up the hill at White Oaks 4 farm, the sun's in my face, and I pretty near 5 wiped out the track team, and I was not a happy 08 : 46PM 6 camper. 7 If they want to run, let them run on 8 the track team -- on the track out here. For two 9 years if people can't hike around the subdivision 10 and do that kind of thing and have a bicycle 08:46PM 11 that's got a flag and a yellow back on the rider, 12 then they're going to get hit, but don't come with 13 all this traffic business. So that's all I can 14 say. 15 CHAIRMAN LINDBLOM: Okay. Ron? For the 08:46PM 16 record, can we have your name? 17 MR. MORRIS: I 'm sorry. Ron Morris. 18 Are the trucks going each -- truck going to be 19 weighed or are they just going to randomly select? 20 And the other thing is, I 'm quite 08 : 47PM 21 concerned about trying to travel on Fox Road. 22 Sometimes it' s almost impossible to get out. It's 23 a speed record through there. We've had guys at 24 90 miles an hour coming into town. We've had a DepoCourt Reporting Service, Inc . (630) 983-0030 Page 94 1 couple guys that wrapped their trees -- or their 2 car around the tree. One moved a house off its 3 foundation. 4 Is the City going to lower the speed 5 limit to, say, 20 miles an hour, get a couple 08 : 47PM 6 radar cameras so that they can take pictures of 7 anybody speeding? 8 I find it hard to believe that a 9 trucker is going to follow the speed limit. 10 CHAIRMAN LINDBLOM: Okay. I will take 08:47PM 11 about two more questions and then we're going to 12 adjourn. Ma'am, you haven't had a turn yet. Yes. 13 UNIDENTIFIED AUDIENCE MEMBER: My 14 question is for D. Construction. Isn't it true 15 that when you get a commercial loan that you have 08:47PM 16 to do a plain test -- a floodplain test? 17 MR. SAVOREE: Asking the wrong person. 18 I build roads. 19 CHAIRMAN LINDBLOM: I 'm sorry, what -- 2 0 Can you restate that? I didn't quite understand. 08 : 48PM 21 UNIDENTIFIED AUDIENCE MEMBER: Isn't it 22 true when you get a commercial loan that it has to 23 pass a floodplain test? 24 MR. DAVIDSON: No. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 95 1 UNIDENTIFIED AUDIENCE MEMBER: I believe 2 it is. 3 MR. DAVIDSON: Well, at this point I 'm 4 an involuntarily retired commercial development 5 attorney because there is no commercial 08 : 48PM 6 development, but having done a lot of commercial 7 development projects across the state of Illinois, 8 including projects here in Yorkville, the 9 Walgreens out there on 47 and 126, it's not a 10 requirement, I can tell you that. It's all going 08: 48PM 11 to be based on what the bank's requirements are to 12 make the loan. 13 UNIDENTIFIED AUDIENCE MEMBER: Is that 14 new? Did it change? Because it used to be a 15 requirement. 08:48PM 16 MR. DAVIDSON: I -- 17 UNIDENTIFIED AUDIENCE MEMBER: Did you 18 finance or was it cash? 19 MR. DAVIDSON: I 'm 38 years old, I 've 20 been practicing law for 15 years; it's never been 08 : 48PM 21 a requirement since I have practiced law. My 22 partner is 80, maybe it was at some point, but I 23 can speak to the last 15 years. 24 UNIDENTIFIED AUDIENCE MEMBER: Was the DepoCourt Reporting Service, Inc . (630) 983-0030 Page 96 1 property financed or did they pay cash? 2 MR. DAVIDSON: I was in Puerto Rico when 3 it closed, so what -- Did you pay cash? Probably. 4 Probably paid cash. 5 UNIDENTIFIED AUDIENCE MEMBER: All 08 : 49PM 6 right. That' s why. That's exactly why you didn't 7 have to do that, because you paid cash. 8 MR. DAVIDSON: Well, on commercial 9 loans, I represent a lot of financial 10 institutions -- 08:49PM 11 UNIDENTIFIED AUDIENCE MEMBER: That' s 12 it. You answered my questions . 13 MR. DAVIDSON: Our law firm represents 14 financial institutions in Illinois, and it is not 15 a requirement for a commercial loan. 08:49PM 16 CHAIRMAN LINDBLOM: All right. I 'm 17 going to take one more question. You are all 18 pointing to one. Which one is it? 19 MR. ZERANTE: Tom Zerante, River's Edge. 20 I have copies of Plan Council notes from 08:49PM 21 February 23rd, and I believe they were done by 22 Krysti Noble. 23 The packet stated Mr. Schultz, whom 24 I believe we met earlier, mentioned that they will DepoCourt Reporting Service, Inc . (630) 983-0030 Page 97 1 be reaching out to the area residents to hold a 2 meeting to explain the proposed temporary use and 3 answer questions prior to the Plan Commission 4 public hearing. This would primarily include the 5 Fox Glen residents. Mr. Dhuse mentioned they 08 :50PM 6 should reach out to the owner of the property to 7 the west, Mr. Sykes (phonetic) , Evergreen Farm. 8 Miss Noble also encouraged contacting the 9 residents of River' s Edge, as well as residents of 10 White Oak subdivision. 08:50PM 11 Myself and other dedicated 12 individuals put out the flyer that most of you 13 saw. Did anybody hear from Mr. Schultz prior to 14 this meeting? 15 THE AUDIENCE: No. 08:50PM 16 MR. ZERANTE: What kind of turnout have 17 we had? 18 THE AUDIENCE: None. 19 MR. ZERANTE: None? Mr. Schultz, did 20 that fall off your things to do list? 08:50PM 21 MR. SCHULTZ: No, it didn't. By public 22 notice, I involved within 500 feet of this 23 property. I went out to Fox Glen subdivision and 24 met with several residents. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 98 1 MR. ZERANTE: Several. How many? 2 MR. SCHULTZ: The three adjoining, and 3 then they pointed me to Judy Gilmour, who I went 4 over and met with her and asked her if there is 5 any questions, please forward them to me, and if 08 :50PM 6 there is anything that the public would need, I 7 can provide plans and I can answer any questions, 8 and I pointed them to this public hearing. 9 I mean, I cannot visit every single 10 person in this community. I live in Yorkville, 08:51PM 11 too. I can only meet with who I can meet with in 12 that 500-foot district. I don't -- By law I don't 13 have to go to -- I don't know where you live in 14 Pavilion Heights. 15 UNIDENTIFIED AUDIENCE MEMBER: I live 08:51PM 16 right on the property and I never heard. 17 UNIDENTIFIED AUDIENCE MEMBER: I live 18 right next to the property. 19 MR. ZERANTE: I guess I 'm going to say, 20 with the number of people that could be affected 08 : 51PM 21 by this, the method -- I guess there is lack of 22 communication. 23 Then I have a couple other quick 24 questions here. You're going to put $5, 000 for DepoCourt Reporting Service, Inc . (630) 983-0030 Page 99 1 street cleaning? How long is that going to last? 2 MS. NOBLE: That's a City requirement. 3 That's a City standard. 4 MR. ZERANTE: Don't you think it should 5 be much more? 08:51PM 6 MS. NOBLE: That is a policy decision. V They are cooperating with us to put up more of a 8 security, and that will be determined when we have 9 final engineering plans. 10 MR. ZERANTE: And one final question. 08:51PM 11 What are they asking for, a $10, 000 bond, when 12 it's going to take a million dollars to rebuild 13 the road that's damaged? 14 What kind of a bond is the City 15 going to ask for in this case? 08:52PM 16 MS. NOBLE: The City is going to ask for 17 whatever is proportionate. 18 First of all, we have to be careful 19 how we tread because this is a public road and 20 they are entitled to drive on the public road just 08 : 52PM 21 as everyone else is, so we're not charging a user 22 fee. Neither is the County. 23 What we will consider is, as I 24 mentioned earlier, the City just made an ELAP DepoCourt Reporting Service, Inc . (630) 983-0030 Page 100 1 (phonetic) program in 2009, which is a shared, 2 state funded resurfacing of Fox Road, and that 3 included about a mile' s worth of resurfacing. 4 We have those numbers as to what it 5 cost to repair, do binders, surface cores, and we 08 :52PM 6 will be using those numbers to proportionately get 7 a figure that would appropriately match whatever 8 damage we estimate. 9 We are not coming up with those 10 numbers until we see final engineering plans, 08:53PM 11 which is what we're waiting for if they proceed 12 through the special use process before we issue 13 any permits, and that includes grading and that 14 includes soil and sedimentation protection plans. 15 MR. ZERANTE: And one final comment. 08:53PM 16 They say they're going to bring this back to ag 17 property, but yet they say that they're going to 18 do a future development. The odds of that 19 becoming developed, we'll all be in nursing homes 20 by that time. 08 : 53PM 21 It appears to me they are using this 22 land to get -- to avoid paying commercial and 23 industrial taxes versus paying taxes on 24 agricultural land. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 101 1 CHAIRMAN LINDBLOM: Okay. Let me just 2 say that I think all of us sitting in front of the 3 room have heard everything that's been said, I 4 think we all heard it the same way, and I think 5 those of us individually need to go over in their 08 : 53PM 6 mind are there discrepancies in what's been said, 7 is there a flood issue? I happen to think there 8 is. 9 I think we have -- at least I have 10 many of the same questions as you do, so if you 08:54PM 11 would be so kind as to put your faith in us to 12 discuss this amongst ourselves. You are certainly 13 free to sit here and listen and so on, and then we 14 will make a recommendation. 15 Again I will reiterate that this 08:54PM 16 will go to the City Council on April -- 17 MS. NOBLE: April 10th. 18 CHAIRMAN LINDBLOM: -- April 10th and 19 you're certainly all welcome to come to that 20 meeting and state your concerns, or at least -- 08:54PM 21 that's up to the mayor to run that meeting. 22 So with that said, I will entertain 23 a motion to close the public hearing so we can 24 discuss that. DepoCourt Reporting Service, Inc . (630) 983-0030 Page 102 1 MR. WEAVER: Motion to close the public 2 hearing. 3 MR. PROCHASKA: Second. 4 CHAIRMAN LINDBLOM: Moved and seconded 5 to close the public hearing. Those in favor 08 : 54PM 6 signify by saying aye. 7 (A chorus of ayes . ) 8 CHAIRMAN LINDBLOM: Opposed? 9 (No response. ) 10 CHAIRMAN LINDBLOM: The motion passes. 08:54PM 11 (A discussion was had off 12 the record. ) 13 CHAIRMAN LINDBLOM: PC2011 -- 1 4 MR. PROCHASKA: Continue it to the -- 1 5 Would the proper thing be that -- If you want, 09:17PM 16 I 'll make the motion. 17 I 'd like to ask that we would 18 continue the public hearing for PC 2012-01 to the 19 next regularly scheduled Plan Commission meeting. 20 CHAIRMAN LINDBLOM: Is there a second? 09: 17PM 21 MR. WEAVER: Second. 22 CHAIRMAN LINDBLOM: Problem, Krysti? 23 MS. NOBLE: No. 24 CHAIRMAN LINDBLOM: Okay. Staff says no DepoCourt Reporting Service, Inc . (630) 983-0030 Page 103 1 objection to it. Additional comments? 2 MS. NOBLE: Additional comments, no. 3 CHAIRMAN LINDBLOM: Okay. 4 MR. CROUCH: Do we need to vote? 5 CHAIRMAN LINDBLOM: Any further 09: 17PM 6 discussion? 7 (No response. ) 8 CHAIRMAN LINDBLOM: Those in favor 9 signify by saying aye. 10 (A chorus of ayes. ) 09: 17PM 11 CHAIRMAN LINDBLOM: Opposed? 12 (No response. ) 13 CHAIRMAN LINDBLOM: Motion passes. 14 MR. PROCHASKA: I make a motion that we 15 adjourn. 09:17PM 16 (Which were all the 17 proceedings had in 18 the public hearing 19 portion of the meeting. ) 20 ---000--- 21 22 23 24 DepoCourt Reporting Service, Inc . (630) 983-0030 Page 104 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 8 105, 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 105 1 In testimony whereof, I have 2 hereunto set my hand this 5th day of April, A. D. , 3 2012 . 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 Memorandum a 1 % To: Plan Commission EST. _ leas From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator r= ` �y Date: April 3, 2012 Subject: PC 2012-01 —Proposed Text Amendment to the Planned Unit Development(PUD) Ordinance Note: This item was tabled at the March 14, 2012 Plan Commission meeting. Since that meeting, some typographical errors and other minor revisions have been made to the proposed PUD Ordinance from the copy previously provided related to Section 10-13-8: Final PUD Plat (addition of paragraphs C-G) and Section 10-13-12: Fees (revised language to reflect the City does not have an adopted schedule of fees, but rather various ordinances related to fees and/or deposits for development petitions). Background: Since the spring of 2010, staff and the Zoning Commission has held regular monthly meetings devoted to completing a full review of the current zoning ordinance and drafting proposed revisions on a chapter by chapter basis. To date, the Zoning Commission has made comprehensive updates to the structure and content of the zoning code and proposed amendments to the administrative and enforcement aspects to bring it more in line with the actual practices and processes of the City. Generally, at the conclusion of the Zoning Commission's review, a final written assessment report will be submitted to the City Council along with a recommendation for adoption of the new zoning ordinance as part of a public hearing process. However, due to the significance and urgency to update certain sections of the zoning ordinance sooner rather than later, staff will bring those proposed revised chapters before the Plan Commission for immediate text amendment approval. The Planned Unit Development (PUD) Ordinance is the first chapter proposed for comprehensive text amendment consideration. Proposed Text Amendment: The City of Yorkville is proposing to amend Title 10, Chapter 13: Planned Unit Development of the Municipal Zoning Ordinance to comprehensively revise the method and procedure in which Planned Unit Development(PUD) applications are considered for approval. The most significant proposed change to this chapter is the reversion back to establishing a Planned Unit Development as a Special Use rather than a district. This is in conformance with 65 ILCS 5/11-13-1.1 of the Illinois Statutes. The proposed revision to the Planned Unit Development Ordinance adopted in 2006, reorganizes and streamlines the review/approval process, as well as adds provisions to address current issues faced with stalled developments in a slow economy. There is also an added provision requiring the approval of a Final Plat for Planned Unit Developments which has been the City's practice, but does not currently exist in the ordinance. Staff Comments & Recommendations: In reviewing and making recommendations for revisions to the Planned Unit Development (PUD) Ordinance staff consulted with the City's Attorney and City Engineer to ensure compliance with current Illinois zoning laws and Yorkville's Subdivision Control Ordinance. Therefore, it is Staff's recommendation the Plan Commission to recommend approval of the proposed text amendment to the PUD ordinance. A copy of the existing PUD Ordinance and proposed revised PUD Ordinance has been attached for your reference. Proposed Motion: Having Made Findings of Facts and consideration of testimony provided in a Public Hearing on April 11, 2012, the Plan Commission recommends approval to the City Council of a request for text amendment to Title 10, Chapter 13: Planned Unit Development of the United City of Yorkville's City Code, as presented by staff in a memorandum dated April 3, 2012 and the attached draft revised title, and further subject to {insert any additional conditions of the Plan Commission)... Attachments: 1. Copy of 65 ILSC 5/11-13-1.1 regarding corporate authority of a municipality to provide for the classification of special uses, including but not limited to planned developments. 2. Current Title 10, Chapter 13: Planned Unit Development of the United City of Yorkville's Municipal Zoning Ordinance. 3. Proposed Revised Title 10, Chapter 13: Planned Unit Development of the United City of Yorkville's Municipal Zoning Ordinance last revised April 3, 2012. 4. Copy of Public Notice. 65 ILCS 51 Illinois Municipal Code. Page 4 of 17 the time of the enactment of such an ordinance. The powers conferred by this Division 13 shall not be exercised so as to deprive the owner of any existing property of its use or maintenance for the purpose to which it is then lawfully devoted, but provisions may be made for the gradual elimination of uses, buildings and structures which are incompatible with the character of the districts in which they are made or located, including, without being limited thereto, provisions (a) for the elimination of such uses of unimproved lands or lot areas when the existing rights of the persons in possession thereof are terminated or when the uses to which they are devoted are discontinued; (b) for the elimination of uses to which such buildings and structures are devoted, if they are adaptable for permitted uses; and (c) for the elimination of such buildings and structures when they are destroyed or damaged in major part, or when they have reached the age fixed by the corporate authorities of the municipality as the normal useful life of such buildings or structures. This amendatory Act of 1971 does not apply to any municipality which is a home rule unit, except as provided in item (12) . (Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11. ) (65 ILCS 5/11-13-1.1) (from Ch. 24, par. 11-13-1.1) Sec. 11-13-1.1. The corporate authorities of any municipality may in its ordinances passed under the authority of this Division 13 provide for the classification of special uses. Such uses may include but are not limited to public and quasi-public uses affected with the public interest, uses which may have a unique, special or unusual impact upon the use or enjoyment of neighboring property, and planned developments. A use may be a permitted use in one or more zoning districts, and a special use in one or more other zoning districts. A special use shall be permitted only after a public hearing before some commission or committee designated by the corporate authorities, with prior notice thereof given in the manner as provided in Section 11-13-6 and 11-13-7. Any notice required by this Section need not include a metes and bounds legal description of the area classified for special uses, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the area classified for special uses. A special use shall be permitted only upon evidence that such use meets standards established for such classification in the ordinances, and the granting of permission therefor may be subject to conditions reasonably necessary to meet such standards. In addition, any proposed special use which fails to receive the approval of the commission or committee designated by the corporate authorities to hold the public hearing shall not be approved by the corporate authorities except by a favorable majority vote of all aldermen, commissioners or trustees of the municipality then holding office; however, the corporate authorities may by ordinance increase the vote requirement to two-thirds of all aldermen, commissioners or trustees of the municipality then holding office. (Source: P.A. 97-336, eff. 8-12-11.) (65 ILCS 5/11-13-2) (from Ch. 24, par. 11-13-2) http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=0065 0005 0HArt%2E+11+Div%2E... 4/2/2012 Sterling Codifiers, Inc. Page 1 of 16 Chapter 13 PLANNED UNIT DEVELOPMENT 10-13-1 : PURPOSE: The purpose of this chapter is to provide for an alternative zoning procedure for innovative developments that provide value to the community over the conventional zoning district and which is consistent with the comprehensive plan and intent of the zoning ordinance. Planned unit developments (PUD) are intended to encourage the most imaginative and best possible design of building forms and site planning for tracts of land where unitary plans would best adapt to topographic and other natural features of such sites. Under this procedure, well planned residential, industrial, commercial and other types of land use, individually or in combination, may be developed with design flexibility. Planned developments must be environmentally compatible. They should have a more beneficial effect upon the health, safety and general welfare of the people of the city and particularly, in the immediate surroundings, than developments built in conformity with standard district regulations. If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD then the amount of open space, retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. The planned unit development district shall generally provide attributes in excess of conventional city zoning, building and other land use requirements by (this list being representative and not exhaustive): A. Providing a maximum choice of living environments by allowing a variety of housing and building types; B. Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C. Promoting a more useful pattern of open space and recreation areas incorporated as part of the project and that is compatible with the immediate vicinity; D. Utilizing materials and design of buildings, signs and the site that provide for a unified theme throughout the development; http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 2 of 16 E. Providing substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping (in terms of size of landscape areas and quantity and quality of landscape materials) within the developed portions of the site; F. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of materials, signage and design. Generic corporate architecture and big box designs are strongly discouraged but not prohibited. Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; G. Retain, utilize and incorporate historic features on the project site into the overall project design if physically and economically feasible; and/or H. Provide a consistent signage theme. The use of signage design guidelines is required for multiphased projects. (Ord. 2006-40, 5-23-2006) 10-13-2: PROCEDURE: Because a PUD is a rezoning, the public hearing and findings of fact shall follow the procedure as outlined within section 10-14-7 of this title as well as those outlined below. In the event of a conflict, these procedures will control. The approval process includes the following stages: A. Preapplication conference. B. Concept PUD plan and zone map amendment. C. Preliminary PUD plan. (Ord. 2006-40, 5-23-2006) 10-13-3: DELINEATION ON ZONING MAP: http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 3 of 16 Approved planned unit developments shall be delineated and designated PUD and by number on the zoning district map. A file, available for inspection by the public, shall be maintained by the zoning officer for each planned development so designated. The file shall contain a record of the approved development plan and all exceptions authorized therein. (Ord. 2006-40, 5-23-2006) 10-13-4: PREAPPLICATION CONFERENCE: A. Purpose: The purpose of the preapplication conference is to provide advice and assistance to the applicant before preparation of the concept plan so that the applicant may receive input on: 1. Whether the proposed planned unit development will be in conformity with the comprehensive plan and the goals and the policies of the city of Yorkville. 2. Whether the zoning classification of planned unit development is appropriate for the development. B. Procedure: Prior to filing an application for approval of a planned unit development, the petitioner shall be required to contact the city administrator or his designee to arrange an informal preapplication meeting with city staff and its consultants. The preapplication conference shall be held with staff. At such conference the applicant shall provide information as to the location of the proposed planned unit development, the land use types and approximate area of proposed land uses, a list of any and all exceptions to the zoning ordinance and subdivision regulations; and other information necessary to clearly explain the planned unit development. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and advise the applicant on the information, documents, exhibits, and drawings on the proposal that should be included in the application to the city for a planned unit development. (Ord. 2006-40, 5-23-2006) 10-13-5: CONCEPT PUD PLAN AND AMENDMENT OF ZONE CLASSIFICATION TO PLANNED UNIT DEVELOPMENT: A. Purpose: The presentation of the concept plan and requesting an amendment to the zone map is the first step in the planned unit development process. The purpose of the http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 4 of 16 concept plan is to enable the applicant to obtain the recommendations of the city staff, park board (residential developments only) and plan commission and city council approval of concept, density and dwelling unit number prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B. Procedure: Not less than thirty (30) days before the next available park board planning meeting or plan commission meeting, the applicant shall file an application with the clerk's office for review of conceptual planned unit development plan. The application shall consist of the following documentation: 1. A completed application form. 2. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall not be less than one inch equals four hundred (1" = 400) scale and shall include the following: a. Name of proposed development. b. Outline of property boundaries. c. Adjacent area within one-fourth (1/4) mile of property. 3. A zoning plat including a legal description of the property to be included in the planned unit development. 4. A written explanation of the general character of the proposed planned unit development that shall include the following: a. A description of all land uses to be included in such district (including open space) with percentages of each use; b. Projected densities for each residential use; c. A description of the development standards and design criteria applicable to the proposed planned unit development; d. An outline describing why the property should be developed as a planned unit development; e. Identification of the conventional zoning classification allowing the uses for each land use type included; f. A list of requested exceptions to applicable city ordinances and codes. 5. A conceptual planned unit development map or plan. The plan shall include the following: a. North arrow, scale and date of preparation. b. Name and address of the site planner, engineer or surveyor who prepared the plan. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 5 of 16 c. Name of property owner. d. Name of petitioner/developer. e. Proposed name of the planned unit development. f. Proposed land uses. g. Total acreage and percent of the site devoted to each land use. h. Location of proposed streets. i. Proposed dedication of land for school and park sites, if applicable. j. Land area to be used for open space such as storm water basins, buffers, parks and trail corridors. k. Proposed approximate building footprints and estimated floor area for all nonresidential structures, if any. I. Maximum number of residential units. m. Gross and net densities. n. Wetlands, floodplain and floodways obtained from published data. o. Location of lakes, ponds, streams and drainage swales. p. Existing vegetation including description of predominant vegetation types and sizes. q. Existing contour lines with a minimum of five foot (5) intervals obtained from published data. r. Location of existing and/or proposed water, sanitary and storm sewer systems intended to serve the development. s. Proximity to existing and proposed transportation corridors and a written statement with regard to transportation impacts due to the PUD. t. Written description of how the existing utilities are planned to be extended to serve the development. u. Any other data reasonably necessary to provide an accurate overview of the proposed development. 6. Other documents may be requested by the city if it is determined necessary to clearly describe the planned unit development. 7. The clerk's office shall have the application reviewed for completeness. If the application is not complete, the applicant will be notified by the clerk's office as to the deficiencies. The application will not be forwarded on for review until the application is complete. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 6 of 16 C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the plan council. The plan council shall review the concept for the planned unit development and supporting documentation and make a recommendation to the plan commission as to the proposal's compatibility with the city's comprehensive plan, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for planning the city. D. Park Board Review (If Applicable): The park board shall conduct an informal review of the conceptual planned unit development plan and supporting documentation and provide the applicant with general input on the following: 1. Compatibility of the proposal with the recreation master plan and park development standards. 2. Layout and organization of the open space system. 3. Compliance with the city's land-cash ordinance for parks. 4. Other documentation that the park board would recommend be prepared during the preliminary planned unit development plan phase. 5. A formal recommendation by vote is not given for a conceptual planned unit development plan. E. Plan Commission Recommendation: The plan commission shall conduct at least one public hearing in accordance with Illinois Compiled Statutes. However, the plan commission may continue from time to time the hearing without further notice being published. After the close of the public hearing, the plan commission shall recommend to the city council approval or denial of the zone map amendment to PUD to allow the concept for the planned unit development. The plan commission shall base its recommendation on the development standards in section 10-13-7 of this chapter and based on the following findings: 1. The compatibility of the proposal with the comprehensive plan, transportation plan, zoning ordinance and subdivision control ordinance. 2. The appropriateness of the proposed land uses. 3. The appropriateness of the general layout of open space, streets, parking areas, lots and buildings. 4. Existing uses of property within the general area of the subject property. 5. The zoning classification of property within the general area of the subject property. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 7 of 16 6. The suitability of the subject property to the uses permitted under the existing zoning classification. 7. The trend of development, if any, in the general area of the subject property, including changes, if any, which have taken place since the day the subject property was placed in its present zoning classification. 8. The impact that the PUD will have upon traffic and traffic conditions in the general area of the subject property. F. City Council Review: The committee of the whole shall conduct an informal review of the conceptual planned unit development plan and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the comprehensive plan, transportation plan, zoning ordinance, subdivision ordinance and goals and objectives of the city. 2. Appropriateness of the proposed land uses. 3. General layout of open space, streets, parking areas, lots and buildings. 4. Other documents the city council would recommend be prepared for the preliminary planned unit development plan phase. G. Mayor And City Council Decision: 1. The mayor and city council, upon receiving the recommendation of the plan commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes or may refer to the plan commission for further consideration. 2. If an application for a proposed amendment is not acted upon finally by the city council within six (6) months of the date upon which such application is received by the mayor and city council, it shall be deemed to have been denied. H. Modifications To Concept Plan For The Planned Unit Development: After the approval of the concept plan and zone map amendment for the planned unit development, the use of land, construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved planned unit development, rather than by any other provisions of the zoning ordinance of the city. No changes may be made to the approved concept plan for the planned unit development unless approved by the city. Changes to the planned unit development will be determined by the city administrator, or designee, to be one of the following; a minor change or a major change: http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 8 of 16 1. Minor changes to the concept PUD plan are modifications that do not alter the intent of a planned unit development. Minor changes which meet the criteria set forth in this subsection H1 may be approved by the city administrator or designee, if the proposed minor change does not result in the following: a. An increase in gross density. b. A change in mixture of dwelling unit types resulting in a greater than ten percent (10%) change in quantity of any proposed unit type. c. A change in the mixture of land uses resulting in a greater than ten percent (10%) change in area of any proposed use. d. Any reduction of an amount of common open space, landscaping or buffering. e. A change in the functional classification of a roadway. Minor changes not approved by the city administrator may be approved by the city council without review and recommendation by the plan commission, unless the city council refers a request for a minor change to the plan commission for review and recommendation. 2. Major changes are modifications which alter the concept or intent of the planned unit development exceeding the criteria set forth constituting a minor change. If a major change is requested, the applicant shall submit a revised PUD concept plan and supporting data with an application for a major change to the clerk's office and repeat the review procedures set forth in this section. (Ord. 2006-40, 5-23-2006) 10-13-6: PRELIMINARY PUD PLAN: A. Purpose: The purpose of the preliminary PUD plan submission is to obtain approval from the city that the plans the applicant intends to prepare and follow are acceptable as a preliminary PUD plan, and that any final plans will be approved provided they substantially conform to the preliminary planned unit development plan. The preliminary PUD plan must be substantially in conformance with the concept plan approved at the time of zone map amendment (if the preliminary PUD plan is not substantially in conformance with the concept plan, it will be deemed a major change and a new concept plan will need to be submitted and approved as prescribed by section 10-13-5 of this chapter). Approval of the preliminary planned unit development shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 9 of 16 B. Procedure: Not less than forty five (45) days before the plan commission meeting, the applicant shall file an application with the clerk's office for preliminary planned unit development approval. The application shall consist of the following documentation: 1. One copy of the completed preliminary planned unit development form. 2. Disclosure of beneficiaries form. 3. Preliminary planned unit development plan. The plan shall include at a minimum, the following information: a. North arrow, scale (not less than 1 inch equals 200 feet) and date of preparation. b. Name and address of the site planner, engineer or surveyor who prepared the plan. c. Name of property owner. d. Name of developer. e. Proposed name of development. f. Location map. g. Legal description. h. Site data, including, as applicable: (1) Total acreage, and acreage and percentage of each proposed land use. (2) Percent of land devoted to streets and public rights of way. (3) Number of residential lots. (4) Floor area (nonresidential). (5) Gross and net residential density. (6) Minimum, maximum and average lot sizes. (7) Percent of lot coverage for all uses except detached single-family and duplex. (8) Identify the conventional zoning classification used to define each land use and list variances granted by the concept plan approval, if any. i. Aerial photograph illustrating the subject property and adjacent property within one- fourth (1/4) mile of the site. j. Existing zoning and owners of adjacent property. k. Municipal limits. I. School district boundaries. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 10 of 16 m. Property lines and dimensions. n. Residential lots with approximate dimensions. o. Location of multi-family and single-family attached buildings. p. Footprints of nonresidential buildings. q. Front, rear, side yard and corner side yard setbacks. r. Off street parking and loading areas, including number and dimensions of parking spaces, drive aisles and loading zones. s. Configuration and acreage of all land proposed as open space including storm water management areas, parks, buffers, and trail corridors. t. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings, and similar public and quasi-public uses. u. Pedestrian and/or bicycle circulation systems. v. Existing vegetation. w. Limits of jurisdictional and nonjurisdictional wetlands. x. Limits of 100-year floodplain. y. Surface water including lakes, ponds, streams and drainage swales. z. Existing contour lines with a minimum one foot (1') interval. aa. Any other data reasonably necessary to provide an accurate overview of the proposed development. 4. Preliminary landscape plan indicating the name, variety, size, location and quantities of plant material for all common and dedicated areas including parkways, buffer areas, storm water basins, wetlands, entry areas, medians, and parking lot islands. 5. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan. The proposed plan shall show an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and storm water retention/detention areas, as well as all utility easements. The plan shall be accompanied by a statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. 6. Photometric plan (for nonresidential developments only). The photometric plan shall be superimposed on the site plan, and shall: a. Identify the location and heights of all light standards. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 11 of 16 b. Identify foot-candle intensities on the site of the planned unit development, and ten feet (10') beyond proposed property lines. c. Include specifications for proposed lighting, including wattage, method of illumination, and color of light standards and luminaries. 7. Architectural drawings. When requested by plan commission or city council, preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: a. Typical elevations (front, rear and side) for proposed residential and nonresidential buildings, which identify materials and color styling proposed for all elements of the building. b. Proposed building heights. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. 8. The plan commission or city council may require preparation and submittal of the following for review and evaluation: a. Fiscal impact study, detailing the estimated cost which the planned unit development will have on all taxing bodies, and anticipated revenues which will be realized from each phase of development. b. Proposed covenants, conditions and restrictions and/or homeowner association bylaws. c. Other information that may be required by the plan commission or city council. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the plan council. The plan council shall review the preliminary planned unit development and supporting documentation and make a recommendation to the plan commission as to the proposal's concurrency with the approved concept planned unit development plan and compatibility with the city's comprehensive plan, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for planning the city. A traffic impact study will be prepared by the city as part of the plan council's review. D. Park Board Review (When Applicable): The park board shall conduct a formal review of the preliminary planned unit development plan and supporting documentation. The park board shall forward its recommendation to the city council. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 12 of 16 E. Plan Commission Review: The plan commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the plan commission shall recommend to the city council approval or denial of the preliminary planned unit development plan. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. F. City Council Review: Subsequent to receiving the plan commission and park board recommendations, the city council shall conduct a public hearing and shall approve or deny the application for the preliminary planned unit development plan. G. Modifications To Preliminary Plan For The Planned Unit Development: After the approval of the planned unit development, the use of land, construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved planned unit development, rather than by any other provisions of the zoning ordinance of the city. No changes may be made to the approved planned unit development unless approved by the city. Changes to the planned unit development will be determined by the city administrator, or designee, to be one of the following; a minor change or a major change. 1. Minor changes to the preliminary PUD plan are modifications that do not alter the intent of a planned unit development. Minor changes which meet the criteria set forth in this subsection G1 may be approved by the city administrator or designee, if the proposed minor change does not result in the following: a. An increase in gross density. b. Any change in circulation patterns or access. c. A change in the mixture of dwelling unit types resulting in a greater than five percent (5%) change in quantity of any proposed unit type. d. Any change in grading or utility provisions. e. A change in the mixture of land uses resulting in a greater than five percent (5%) change in area of any proposed use. f. Any reduction of an amount of common open space, landscaping or buffering. g. Any change to exterior elevations of buildings which alter rooflines, building materials, approved color schemes or result in a change in architectural style. h. Other changes of similar scale, proportion or use. Minor changes not approved by the city administrator may be approved by the city council without review and recommendation by the plan commission, unless the city council refers a request for a minor change to the plan commission for review and recommendation. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 13 of 16 2. Major changes to the preliminary PUD plan are modifications which alter the concept or intent of the planned unit development exceeding the criteria set forth constituting a minor change. If a major change is requested, the applicant shall submit a revised PUD preliminary plan and supporting data with an application for a major change to the clerk's office, not less than forty five (45) days before the plan commission meeting. The plan commission shall recommend to the city council approval or denial of the application for a major change. Subsequent to receiving the plan commission and park board (when applicable) recommendations, the city council shall approve or deny the application for the major change. (Ord. 2006-40, 5-23-2006) 10-13-7: DEVELOPMENT STANDARDS: The density, minimum lot size and minimum setback dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the concept PUD request. Plan commission shall make findings and recommendations to city council for approval of the planned unit development, based upon the following standards: A. General: 1. The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development. 2. The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood. 3. That all minimum requirements pertaining to commercial, residential, institutional or other uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this title, except as may be specifically varied herein granting and establishing a planned development use. 4. There is no minimum district size required for a PUD. 5. Wherever the applicant proposes to provide and set out, by platting, deed, dedication, restriction or covenant, any land or space separate from single-family or multi-family residential districts to be used for parks, playgrounds, commons, greenways or open areas, the plan commission may consider and recommend to the city council and the city council may vary the applicable minimum requirements of the comprehensive plan, subdivision regulations and the zoning ordinance which may include, but not necessarily be limited to, the following: http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 14 of 16 a. Rear yard. b. Side yard. c. Lot area. d. Bulk. e. Intensity of use. f. Street width. g. Sidewalks. h. Public utilities. i. Off street parking. B. Residential: 1. Business uses may be included as part of a planned residential development when applicable. 2. Use regulations: a. Uses proposed are consistent with those listed as allowable uses in the respective zoning districts. 3. Uses listed as special uses in the zoning district in which the development is located may be allowed. 4. Signs. In accordance with the regulations set forth in title 8, chapter 11 of this code. 5. The plan commission may recommend and the city council may approve access to a dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such dwelling shall be located not more than two hundred feet (200') from the dwelling served. The plan commission also may recommend and the city council may approve yards of lesser widths or depths than required for permitted uses in the zoning classification which the planned development is including, provided: a. Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and that due consideration is given to the openness normally afforded by intervening streets and alleys. c. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district in which the planned development is included and the plan is developed to afford adequate http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 15 of 16 protection to neighboring properties as recommended by the plan commission and approved by the city council. C. Nonresidential: In a planned business development, the following additional requirements are hereby specified: 1. Residential use may be included as part of a nonresidential planned unit development. 2. All walks within the planned unit development shall be paved with a hard surfaced material meeting the specifications of the city engineer. 3. Any part of the planned development not used for buildings, loading and accessways and walkways shall be landscaped with grass, trees, shrubs and other plant material according to the landscape plan, as recommended by the plan commission and approved by the city council. 4. Permitted business uses shall be prescribed in the ordinance granting the planned development. 5. The buildings in the planned development shall be planned and designed as a unified and single project. 6. Business developments shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential, public open space, schools, churches or other similar uses. D. Conditions And Guarantees: Prior to granting any special uses, the plan commission may recommend and the city council shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the property governed by the special use. E. Effect Of Denial Of A Special Use: After a public hearing, no application for a special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the plan commission and the city council. F. Termination Of Special Use Permit: If work on the proposed development has not begun within twenty four (24) months from the date of the authorization order of the city council, the authorization shall become null and void and all rights hereunder shall lapse. (Ord. 2006-40, 5-23-2006) http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 16 of 16 10-13-8: FEES: The city council shall establish a schedule of fees, charges and expenses for occupancy permits, appeals, applications and amendments for special use, and other matters pertaining to this chapter. The schedule of fees shall be posted in the clerk's office and may be altered or amended only by the city council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 2006-40, 5-23- 2006) 10-13-9: SEVERABILITY: Each section, clause and provision of this chapter shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses or provisions of this chapter. (Ord. 2006-40, 5-23-2006) 10-13-10: REPEAL OF CONFLICTING ORDINANCES: Any and all other ordinances or parts of ordinances, in conflict herewith are repealed. (Ord. 2006-40, 5-23-2006) 10-13-11 : EFFECTIVE DATE: This chapter shall be in full force and effect immediately after passage, approval and publication in book form according to law. (Ord. 2006-40, 5-23-2006) http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 CHAPTER 13 Planned Unit Development SECTION: 10-13-1: Purpose and Intent 10-13-2: Authority 10-13-3: Definition and Size Limitations 10-13-4: Procedures for Establishment 10-13-5: Pre-Application Conference 10-13-6: Concept PUD Plan Review 10-13-7: Preliminary PUD Plat 10-13-8: Final PUD Plat 10-13-9: Amendments or Minor Revisions to PUD Plat 10-13-10: Conditions for Approval 10-13-11: Development Standards and Design Criteria 10-13-12: Fees 10-13-13: Separability 10-13-14: Effective Period of Planned Unit Development 10-13-15: Effective Date 10-13-1: PURPOSE AND INTENT: Planned Unit Developments are unique and differ substantially from conventional subdivisions and therefore require administrative processing as "Special Uses"under this Title. Planned Unit Developments are a complex type of Special Use, potentially consisting of various land uses and design elements, requiring the establishment of more specific procedures, standards and exceptions from the strict application of the zoning district regulations to guide the recommendations of the Plan Commission and the action of the City Council. The purpose of this chapter, therefore, is to provide for an alternative zoning procedure under which land can be developed or redeveloped with innovation, increased amenities and creative environmental and architectural design than would be possible to achieve under the otherwise standard zoning district regulations while being in general compliance with the planning objectives and intent of the zoning ordinance. Under this procedure, well planned residential, industrial/manufacturing, commercial and other types of land uses, individually or in combination, may be developed with design flexibility allowing for full utilization of the topographical and environmental characteristics of the site. Planned Unit Developments must have an approved development plan which provides for a unified design, contiguity between various elements and be environmentally compatible with the surrounding area. There should be an increased benefit upon the health, safety and general welfare of the public and particularly, in the immediate surroundings,than developments built in conformity with the underlying district regulations. If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD;then the amount of open space,retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. The Planned Unit Development is not intended to be a mechanism solely used for the allowance of 1 increased densities or as a means of circumventing the bulk regulations or zoning standards under this Title, rather a Planned Unit Development shall generally provide attributes in excess of conventional city zoning, building and other land use requirements such as,but not limited to the following: A. Providing a maximum choice of the overall living environment through a variety of type, design and layout of residential structures, commercial and industrial buildings, office and research uses and public facilities; B.Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C.Promoting a more useful pattern of dedicated open space and recreation areas incorporated as part of the development plan and that is compatible with the immediate vicinity; D. Provide public access and pedestrian connectivity via bicycle/recreational paths, sidewalks and/or alternative modes of transportation. E. Providing and or preserving substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping(in terms of size of landscape areas and quantity and quality of landscape materials)within the developed portions of the site; F. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of building materials, signage and way-finding standards as well as design elements. Generic corporate architecture and big box designs are strongly discouraged but not prohibited.Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; G. Retain, utilize and incorporate historic features on the project site into the overall project design, if physically and economically feasible;and/or H. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale commercial developments. 1. Encourage high-quality planned industrial park environments and well-designed business centers for single or multiple-tenant facilities. J. Provide/enhance regional public infrastructure such as roadways, water/sanitary service, storm water management objectives. 10-13-2: AUTHORITY: A. The Plan Commission shall review and recommend approval, approval with modification or denial of applications for Planned Unit Developments. The City Council shall have final decision to approve, approve with modification,or deny applications for Planned Unit Developments. B. The procedures set forth in this chapter shall apply to all Planned Unit Developments. C. Planned Unit Developments may be allowed in each of the zoning districts in the United City of Yorkville only as a Special Use as prescribed in Chapter 6: Permitted and Special Uses and approved pursuant to the procedures set forth in Section 10-4-9 of this Title. 2 D. Bulk regulations set forth in the Zoning Ordinance shall not apply to Planned Unit Developments; provided, however, that the Off-Street Parking and Loading regulations set forth in Chapter 18 of this Title shall apply to all Planned Unit Developments. 10-13-3: DEFINITION AND SIZE LIMITATIONS: A Planned Unit Development is a tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned developments operated by a municipal corporation which shall be at least two (2)acres in area, and Planned Unit Developments in manufacturing districts which shall be at least ten(10)acres in area. All land area within a Planned Unit Development must be contiguous;provided that properties separated by highways, streets, public ways, railroads or other public utility right-of-ways may be deemed contiguous for the purpose of qualifying as a Planned Unit Development. Pursuant to the procedures set herein, the establishment of a Planned Unit Development shall be applicable to the addition of property to an existing Planned Unit Development. 10-13-4: PROCEDURES FOR ESTABLISHMENT: A. Planned Unit Development applications shall be made as hereinafter provided and shall be accompanied by the required plats and documents.Detailed plans, drawings and other information as specified in this Title shall be required at the time of the various phases,meetings and hearings as detailed herein.Each stage shall be reviewed and certified by the Zoning Administrator as being in accordance with the Planned Unit Development requirements before proceeding to the next stages.The approval process shall include the following stages: 1. Pre-Application Conference- Introductory meeting held with City staff as set forth in Section 10-13-5 of this Chapter. 2. Concept PUD Plan Review- An informal review of overall concept conducted by the City Council to provide constructive feedback to petitioner of plan as set forth in Section 10-13-6 of this Chapter. 3. Preliminary PUD Plat- First,a technical review of detailed plans by various city departments at a Plan Council meeting is held;a public hearing is then conducted by the Plan Commission; and final determination is made by the City Council,as set forth in Section 10-13-7 of this Chapter. 4. Final PUD Plat- A public hearing is then conducted by the Plan Commission with final determination made by the City Council,as set forth in Section 10-13-8 of this Chapter. B. The final two (2) stages of the PUD process, Preliminary PUD Plat and Final PUD Plat, may be submitted and reviewed concurrently, as determined by the Plan Council, based upon the following criteria: 3 1.The PUD plan forwards the goals of the city's planning objectives and official plans, including but not limited to, the Integrated Transportation Plan, Downtown Vision Plan, Stormwater Management Plan and various watershed development plans. 2.The PUD plan requires limited variances from the use or bulk regulations of the conventional/underlying zoning district in which it is to be located. 3.The benefit of the PUD plan shall forward or exceed the goals of the stated development standards and regulations of city ordinances, which include but are not limited to, the Subdivision Control Ordinance, Landscape Ordinance, Sign Ordinance, Design Guidelines and Water Conservation Ordinance. 10-13-5: PRE-APPLICATION CONFERENCE: A. Purpose: The purpose of the pre-application conference is to provide information, guidance and assistance to the applicant before preparation of the concept plan so that the applicant may receive informal input on: 1.Whether the proposed Planned Unit Development will be in conformity with the planning and other development goals and the policies of the United City of Yorkville. 2. Whether the existing zoning and land use in the general area of the Planned Unit Development is appropriate for a Planned Unit Development. B. Procedure: Prior to filing an application for approval of a Planned Unit Development, the petitioner shall be required to contact the city administrator or his designee to arrange an informal pre-application meeting with city staff and its consultants. 1. The pre-application conference is mandatory and shall be held with staff,but is at no charge to the petitioner.At such conference,the applicant shall provide information relating to the following: a. The location of the proposed Planned Unit Development; b. The land use types and approximate area of proposed land uses; C. A list of any and all exceptions to the zoning ordinance and subdivision regulations requested;and d. Other information pertinent to the proposed Planned Unit Development. 2. The pre-application conference shall be an informal communication and discussion of the proposed Planned Unit Development, and no commitments shall be given, nor shall statements or opinions of the city staff and its consultants be deemed binding. 3. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and advise the applicant on the information, documents,exhibits,and drawings on the proposal that should be included in the application to the city for a Planned Unit Development. (Ord.2006-40,5-23-2006) 4 10-13-6: CONCEPT PUD PLAN REVIEW: A. Purpose: The presentation of a Concept PUD Plan is optional.The purpose of the Concept PUD Plan is to enable the applicant to obtain the informal feedback from the city staff and City Council regarding the overall project concept, density and dwelling unit or land use type prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B. Procedure: Not less than forty-five (45) days before the next available City Council meeting, the applicant shall submit to the City for review the conceptual Planned Unit Development plan. The submittal shall consist of twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fee. 3. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall be one-inch equals one-hundred(1"= 100) scale,but no less than one-inch equals four hundred(1"=400)and shall include the following: a.Title or Name of the proposed Planned Unit Development. b. Outline of property boundaries. c.Adjacent area within one-fourth(I/4)mile of property. 3. A zoning plat including a legal description of the property with total property acreage notated to be included in the Planned Unit Development. 4. A written explanation of the general character of the proposed Planned Unit Development that shall include the following: a. A description of all proposed land uses(including open space)with percentages of each use; b. Projected densities and housing type for each residential use; c. A description of the development standards and design criteria applicable to the proposed Planned Unit Development; d. An outline describing why the property should be developed as a Planned Unit Development; e. Identification of the conventional zoning classification allowing the uses for each land use type included and compatibility to the future land use designation for the property in the City's official Comprehensive Plan; f. Identification of existing uses and zoning of adjacent properties to the Planned Unit Development. g.A list of requested exceptions to applicable city ordinances and codes. 5 5. A written description of general site information that should includc, but shall not be limitcd to, the following,if known or available: a. Existing site conditions. b. Environmental characteristics. c. Availability of community facilities and utilities. d. Existing covenants. 6. A conceptual Planned Unit Development sketch or land plan. The sketch or land plan shall provide sufficient detail to demonstrate the physical relationship between the existing land condition, surrounding land uses and the proposed Planned Unit Development,and shall include the following: a.North arrow(true meridian),scale and date of preparation. b.Name and address of the site planner, or engineer who prepared the plan. c.Name of property owner. d.Name of petitioner/developer. e.Proposed name of the Planned Unit Development. f. Location map showing the location of the Planned Unit Development within or proximity to the corporate boundaries. g.Boundary and/or property lines of proposed development and dimensions of the lots into which the property is proposed to be subdivided. h. Proposed land uses, and total acreage and percent of the site devoted to each land use including minimum and average lot sizes and proposed dedication of land for school and park sites, if applicable. C. City Council Review: The City Council shall conduct an informal review of the conceptual Planned Unit Development plan and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the transportation plan, zoning ordinance, subdivision ordinance and land use planning goals and objectives of the city. 2. Appropriateness of the proposed land uses. 3. General layout of open space, streets,parking areas,lots and buildings. 4. Other information the City Council would recommend be prepared for the preliminary Planned Unit Development plan phase. 10-13-7: PRELIMINARY PUD PLAT: 6 A. Purpose: The purpose of the Preliminary PUD Plat submission is to obtain approval from the City that the plans the applicant intends to prepare and follow are acceptable as a Preliminary PUD Plat,and that any final plans will be approved provided they substantially conform to the Preliminary Planned Unit Development Plat. Approval of the Preliminary Planned Unit Development Plat shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. B. Procedure: Not less than forty five (45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Preliminary Planned Unit Development Plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a 10"x 13" envelope and two (2) electronic copies of the following documentation: 1.A completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 3. Disclosure of beneficiaries form and statement of present and proposed ownership of all land within the development. 4. An aerial photograph exhibit of the property taken within the last two (2) years of the adjacent area within one-fourth (1/4) mile of property. The aerial photograph exhibit shall be one-inch equals one-hundred(1"= 100)scale,but no less than one-inch equals four hundred(1"=400). 5. Written explanation of the character of the Planned Unit Development and the reasons why it has been planned to vary from the conventional Zoning Ordinance regulations. This explanation shall detail how the proposed Planned Unit Development meets the objectives of all official plans which affect the subject property. 6. Preliminary Planned Unit Development Plat. The plat shall be a detailed plan which includes at a minimum,the following information: a. Title notation stating"Preliminary Plat"or"Preliminary Plan". b. North arrow, scale(not less than 1 inch equals 100 feet)and date of preparation. c. Name and address of the site planner,engineer or surveyor who prepared the plan. d. Name of property owner. e. Name of petitioner/developer. f. Proposed name of the Planned Unit Development or subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County. g. Location map showing the general area of the Planned Unit Development within or proximity to the corporate boundaries. h. Legal description prepared by a registered land surveyor. i. Boundary lines—bearings and distances. 7 j. Site data,including,as applicable: 1) Current zoning classification. 2) Total area of property in square feet and acreage, and percentage of each proposed land use. 3) Square footage and percent of site coverage with buildings. 4) Square footage and percent of site coverage with impervious surfaces. 5) Square footage and percent of site covered dedicated to common open space such as storm water management systems, landscaping and buffers, parks, trail corridors and recreational areas. 6) Total number of off-street parking and loading spaces provided and method used to calculate the number of required spaces for each land use. 7) Total number of buildings. 8) Total number of residential dwelling units by type, and the number of bedrooms in each dwelling unit type. 9) Gross Floor Area for all non-residential buildings/uses. 10) Gross and net densities for the overall Planned Unit Development and for each land use. a. Residential Density: Provide information on the density of residential uses, including dwelling units per acre, dwelling units per net acre; gross and net residential density (dwelling units per acre of land devoted to residential sectors of the PUD; gross being all land, net being gross acres minus land used for public or common usage). Information should also be provided for each unit in the Planned Unit Development,if applicable. b. Non-Residential Intensity: Provide information on the type and amount of non-residential uses including building locations, sizes, floor area ratio, building height,the amount and location of common open space. 11) Minimum,maximum and average lot sizes. 12) Percent of lot coverage for all uses except detached single-family and duplex. k. Depiction of Lots: 8 a. Residential lots shall depict approximate lot dimensions;building footprints for all multi- family and single-family attached structures;and dimensioned required yard setbacks. b. Non-residential lots shall depict building footprints and dimensioned setbacks. Information regarding purpose/use and height of non-residential buildings shall also be provided. 1. Existing zoning and land use of adjacent property within five hundred feet(500') of all sides of the site. m. Other conditions of adjoining land — owners of un-platted land; subdivision plat name, recording date and number of adjoining platted land; actual direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines and towers. n. Municipal limits. o. School district boundaries. p. Existing easements—location,width and purpose. q. Location of existing streets in, and adjacent to, the property including: street name, right-of-way width,existing and proposed center lines,pavement type,walks,trails,curbs,gutters,culverts,etc. r. Proposed public improvements such as highways and other major improvements planned by public authorities for future construction on or near the property. s. Existing utilities on, and adjacent to, the property including: location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines (above and below ground) and street lights; direction and distance to, and size of nearest water mains and sewers adjacent to the property showing invert elevations. t. Ground elevations on the property and on the first fifty feet (50') of all adjacent parcels showing a minimum of one foot(1')contours for land which slopes less than one-half percent('/2%) along with all breaks in grades, and all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions; for land that slopes more than one-half percent (1/2%) showing a minimum of two foot (2') contours. Any land within the one hundred (100) year floodplain,as determined by the City Engineer or an outside consultant, shall also be shown. u. Subsurface conditions on the property shall be shown,if deemed required by the City Engineer or an outside consultant. This includes the location and results of tests made to subsurface soil, rock and 9 groundwater conditions,depth to groundwater,unless test pits are dry at a depth of fifteen feet(15'); location and results of a soil percolation test if individual sewage disposal systems are proposed. v. Water courses, marshes, rock outcrop, wooded areas, existing vegetation, isolated trees four inches (4")or more in diameter at breast height,existing structures and other significant features. w. Location of all proposed off-street parking and loading areas, including dimensions of parking spaces,drive aisles and loading zones. x. Configuration of all land proposed as open space including storm water management areas, parks, buffers,and trail corridors. y. All sites to be conveyed, dedicated, or reserved for parks, school sites,public buildings, and similar public and quasi-public uses. z. Pedestrian and/or bicycle circulation systems. aa.Limits of jurisdictional and non jurisdictional wetlands. bb.Any other data reasonably necessary to provide an accurate overview of the proposed development. 7. Preliminary landscape plan indicating the name, variety, size, location and quantities of plant material for all common and dedicated areas including parkways, buffer areas, storm water basins, wetlands, entry areas,medians,and parking lot islands. The landscape plan shall also depict permanent signs and street fixtures,and a detail plan of landscaping for a typical building area. 8. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan. The proposed plan shall illustrate an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and storm water retention/detention areas,as well as all utility easements,and be accompanied with: a.A feasibility report or statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. b.Preliminary stormwater report. c.Preliminary mass grading plan. d.Traffic analysis or study, prepared by a transportation engineer or planner, which analyzes the impact caused by the Planned Unit Development on the street and highway systems. 9. Architectural drawings. Preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: 10 a. Typical elevations(front,rear and side)for proposed residential and nonresidential buildings,which identify materials and color styling proposed for all elements of the building. b.Proposed building heights. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. 10. Development Plan Schedule indicating: a. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. b. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. c. Dates for beginning and completion of each stage. 11. The Plan Commission or City Council may require preparation and submittal, at the petitioner's expense, of the following for review and evaluation: a.Fiscal impact study,detailing the estimated cost which the Planned Unit Development will have on all taxing bodies, and anticipated revenues to such taxing bodies which will be realized from each phase of development.Information shall include detailed estimates on: 1) Expected population of the development; 2) Impact on service and/or operating costs to be incurred by each taxing body as a result of the development; 3) Any major capital investments required, in part or in whole, by each taxing body due to the development; b.Proposed covenants,conditions and restrictions and/or homeowner association bylaws. c. Environmental analysis or study, prepared by an environmental specialist, which analyzes the major impacts the Planned Unit Development may have on the environment including, but not limited to,the effects on discrete ecosystems, deteriorated air quality in the immediate vicinity and along arterial and collector roadways leading to the Planned Unit Development from a specified distance determined by the City Engineer or consultant; any deterioration in the groundwater or surface water quality; effect on sensitive land areas such as floodplains, wetlands, forests, aquifer recharge areas,historic buildings or structures,prairie landscapes,and mineral resource reserves. d. Market study indicating the extent of market demand for the uses proposed in the Planned Unit Development including an analysis of demographics, sales potentials, competitive alignment, an assessment of the market share or opportunity gaps, and marketing positioning of each component of the Planned Unit Development. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the Plan Council. The Plan Council shall review the Preliminary Planned Unit Development Plat and supporting documentation 11 and make a recommendation to the Plan Commission as to the proposal's compatibility with the city's planning objectives, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance,annexation agreement,and other goals and policies for developing the city. D. Plan Commission Review: The Plan Commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the Plan Commission shall recommend to the City Council approval or denial of the Preliminary Planned Unit Development Plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E. Park Board Representative: When applicable for the Park Board's review of the Preliminary Planned Unit Development Plat and supporting documentation, the Park Board shall have a representative present at the Plan Commission public hearing meeting for input and recommendation to the City Council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1) Park Board Representative's Purview (If Applicable): The Park Board Representative shall consider the following standards when considering the Preliminary Planned Unit Development Plat and supporting documentation: a.Compatibility of the proposal with the recreation master plan and park development standards. b.Layout and organization of the open space system. c.Compliance with the city's land-cash ordinance for parks. F. City Council Review: Subsequent to receiving the Plan Commission and Park Board recommendations, the City Council shall conduct a public meeting and shall approve or deny the application for the Preliminary Planned Unit Development Plat. 10-13-8: FINAL PUD PLAT: A. Purpose: A Final Plat for the Planned Unit Development, suitable for recording with the Kendall County Recorder of Deeds, shall be prepared by the petitioner for consideration and approval by the city. The purpose of the Final PUD Plat submission is to designate and depict with particularity the land subdivided into lots, whether conventional or otherwise, common open space and building areas. The Final Plat shall also designate and limit the specific internal uses of buildings, structures, and uses of land, as well as provide any additional information or details required by the City Council when approving the Final PUD Plat. B. Procedure: Not less than forty five (45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Final Planned Unit Development Plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 12 3. Final Planned Unit Development Plat. The plat shall be a detailed plan which includes, at a minimum,the following information: a) An accurate legal description of the entire area under the immediate development within the Planned Unit Development. b) A subdivision plat of all subdivided lands in the same form and meeting all the requirements of the Yorkville Subdivision Control Ordinance and Municipal Code. c) An accurate legal description of each separate unsubdivided use area,including common open space. d) Designation of exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put, including construction details. e) Illustrate center line elevations, pavement type, curbs, gutters, culverts, etc., and a proposed street numbering designation shall also be furnished for each building. I) Construction plans detailing the design, construction or installation of site amenities; including buildings, landscaping, storm water detention facilities and other site improvements. g) Certificates, seals, and signatures required for the dedication of land and recording of the document. h) Tabulations on each separate unsubdivided use area, including land area, number of buildings, and number of dwelling units per acre. i) Construction schedule—A final construction schedule indicating: i. Stages in which the project will be built, with emphasis on area, density, use of public facilities,and open space to be developed with each stage. ii. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. iii. Dates for beginning and completion of each stage. 4. Common Open Space Documents: All common open space, at the discretion of the City Council, shall be: a) Conveyed to a city or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the owners and residents of the Planned Unit Development or adjoining property owners of any one or more of them. All lands conveyed hereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space;or b) Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Unit Development or adjoining property owners and/or both. c) Such documents shall also provide that the city shall have the right, but not the obligation, to perform necessary maintenance of the common open space, and shall have the authority to place a lien against the individually-owned property in the Planned Unit Development for the costs thereof. 13 5. Public and Quasi-Public Facilities — Guarantee of Performance: All public and quasi-public facilities and improvements made necessary as a result of the Planned Unit Development, including but not limited to,parks, schools,recreational areas, etc., shall guarantee the completion of such, as set forth in the Yorkville Subdivision Control Ordinance, except where varied by the approved Final Plat. 6. Final covenants,conditions and restrictions and/or homeowner association bylaws. 7. Delinquent Taxes — A certificate shall be furnished from the County Tax Collector that no delinquent taxes exist and that all special assessments constituting a lien on the whole,or any part, of the property of the Planned Unit Development have been paid. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the Plan Council. The Plan Council shall review the Final Planned Unit Development Plat and supporting documentation and make a recommendation to the Plan Commission as to the proposal's compatibility with the city's planning objectives, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance,annexation agreement,and other goals and policies for developing the city. D. Plan Commission Review: The Plan Commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the Plan Commission shall recommend to the City Council approval or denial of the Final Planned Unit Development Plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. F. Park Board Representative: When applicable for the Park Board's review of the Final Planned Unit Development Plat and supporting documentation, the Park Board shall have a representative present at the Plan Commission public hearing meeting for input and recommendation to the City Council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1) Park Board Representative's Purview (If Applicable): The Park Board Representative shall consider the following standards when considering the Final Planned Unit Development Plat and supporting documentation: a.Compatibility of the proposal with the recreation master plan and park development standards. b.Layout and organization of the open space system. c.Compliance with the city's land-cash ordinance for parks. G. City Council Review: Subsequent to receiving the Plan Commission and Park Board recommendations, the City Council shall conduct a public meeting and shall approve or deny the application for the Final Planned Unit Development Plat. 10-13-9: AMENDMENTS OR MINOR REVISIONS TO PUD: After the approval of the Final Planned Unit Development Plat, the use of land, construction, location of buildings and structures in the Planned Unit Development shall be developed in accordance with such approved plans,rather than by any other provisions of the zoning ordinance. Any changes,modifications or 14 alterations to the approved Final Planned Unit Development Plat shall be considered either a minor or a major modification. 1. No changes may be made to the approved Final Planned Unit Development Plat unless approved by the city. The nature of the requested change, either minor or major, to the Planned Unit Development will be determined by the City Administrator,or designee,as follows: A. Minor Changes: Minor changes to the Final PUD Plat are modifications or revisions that do not alter the overall intent of the PUD. Minor changes may be approved by the City Administrator, or designee if the proposed modification does not result in any of the following: i. An increase or decrease in overall density greater than five percent(5%). ii. An increase or decrease in the mixture of residential dwelling unit types greater than five percent(5%). iii. An increase or decrease in area for any land use or land use mixture greater than five percent(5%). iv. An increase or decrease in total number of parking spaces greater than five percent (5%). v. Any reduction in area of common open space, landscaping or buffering, particularly when reduced below the minimum standard prescribed in Section 10-13-11: Development Standards and Design Criteria. vi. Any significant changes in building layout,orientation or height of buildings. vii. A change in the functional classification of a roadway. Minor changes not approved by the City Administrator may be appealed by the applicant or property owner to the City Council without review and recommendation by the Plan Commission or Park Board Representative (when applicable), unless the City Council refers the request for a minor change to the Plan Commission or Park Board Representative (when applicable)for review and recommendation. B. Major Changes: Major changes to the Final PUD Plat are modifications which alter the concept or intent of the approved PUD exceeding the criteria set forth constituting a minor change. Major changes to the Final PUD Plat shall be subject to review and recommendation by the Plan Commission and Park Board Representative(when applicable)with final approval or denial determined by the City Council. C. Application for PUD Modification or Changes: For any modifications or changes resulting in an amendment to an approved Final PUD Plat, the applicant shall submit a revised plat and supporting data with an application for a major or minor change to the Clerk's Office in accordance with the following: i. The title of the plat shall indicate the nature of the change. ii. If a major change, the revised plat and supporting data with an application shall be submitted to the Clerk's Office not less than forty five (45) days before the Plan Commission meeting. D. Notice for Major Changes to PUD Plat: The notice for a major change to an approved Final PUD Plat shall conform to the requirements of Section 10-4-10:Amendments of this Title. 15 E. All approved major or minor changes to an approved Final PUD Plat shall be recorded with the County and shall be binding on the applicants, their successors, grantees and assigns and shall govern the development of the PUD,as set forth therein. 10-13-10: CONDITIONS FOR APPROVAL: The Plan Commission may recommend approval of a Special Use for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat for the proposed development or amendment upon considering the following: 1. In what respect does the design of the Planned Unit Development meet the requirements and design standards of the development standards and design criteria, 2. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations in the zoning ordinance and how the modifications in design standards from the subdivision control regulations fulfill the intent of those regulations. 3. The extent of public benefit produced by the Planned Unit Development, such as but not limited to, the adequacy of common open space and/or public recreational facilities provided; sufficient control over vehicular traffic; provision of public services; provision and protection of the reasonable enjoyment of the land. 4. The relationship and compatibility,beneficial or adverse, of the Planned Unit Development to the adjacent properties and nearby land uses. 5. The extent to which the Planned Unit Development fulfills the objectives of the future planning objectives or other planning policies of the City. 6. The Plan Commission finds that the Planned Unit Development satisfactorily meets the standards for Special Use as defined in Section 10-4-9 of this Title. 10-13-11: DEVELOPMENT STANDARDS AND DESIGN CRITERIA: A. Purpose: The purpose of this section is to establish and provide a comprehensive set of standards and guidelines in which Planned Unit Developments are designed. While specific recommendations for development and design are provided, flexibility is also encouraged through guidelines which enable individual developments to be distinct from one another while maintaining the inherent character of the city. B. Applicability: These standards and established criteria shall apply to all newly constructed buildings and sites within a Planned Unit Development. Each proposed development will be evaluated on its compliance with the established regulations/guidelines contained herein. C. Density: The density,minimum lot size and minimum setback dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the Special Use request. D. Use Regulations: Planned Unit Developments may be comprised of a single-type of land use or a mixture of land uses when applicable and when different intensity of land uses are appropriately buffered or separated. 16 1. Uses proposed shall be consistent with those listed as allowable uses in the respective zoning districts. 2. Uses listed as special uses in the zoning district in which the development is located may be allowed. E. The Plan Commission may recommend and the City Council may approve access to a dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such dwelling shall be located not more than two hundred feet(200)from the dwelling served. F. The Plan Commission also may recommend and the City Council may approve yards of lesser widths or depths than required for permitted uses in the zoning classification which the planned development is including,provided: a. Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and that due consideration is given to the openness normally afforded by intervening streets and alleys. c. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district in which the planned unit development is included and the plan is developed to afford adequate protection to neighboring properties,i.e. fire protection and sufficient area needed for utility easements, as recommended by the Plan Commission and approved by the City Council. G. Design Criteria: All standards of the United City of Yorkville Design Guidelines (Ord. 2009-28) and the Section 7.00 Design Standards of the United City of Yorkville Subdivision Control Ordinance's shall apply to all Planned Unit Developments. 10-13-12: FEES: The approved charges and expenses for development fees, application fees, review fees and deposits for matters pertaining to this chapter shall be established by the City Council. These fees shall be approved by ordinance with a copy filed in the clerk's office and may be altered or amended from time to time,but only by City Council approval. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord.2006-40,5-23-2006) 10-13-13: SEVERABILITY: Each section,clause and provision of this chapter shall be considered as separable,and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses or provisions on this chapter. (Ord.2006-40,5-23-2006) 17 10-13-14: EFFECTIVE PERIOD OF PLANNED UNIT DEVELOPMENT: A. The planned unit development shall be constructed in a timely manner.The planned unit development shall be subject to revocation under the following conditions: 1. Final Plat approval does not occur within twelve(12)months from the date of approval of the preliminary plat of a planned unit development. 2. Construction does not commence and proceed within three(3)years from the date of approval of the Final Plat of a Planned Unit Development. 3. The City Council may extend the time limits for Final Plat approval for no more than two(2) 12- month periods. Commencement for construction may also be extended by the City Council in one (1)year increments. B. The City Council may initiate or the owner of the parcel of land on which the Planned Unit Development is to be constructed may apply for the revocation of the Planned Unit Development. The owner shall be notified, in writing, at least thirty(30)days prior to the City Council's consideration of the revocation if initiated by the City Council. C. The City Council shall consider, but not be limited to, the following standards in the review of the status of the project construction to determine whether there is reasonable cause for delay: a. The original program of development with regard to market demand for the components included in the final plan; b. Conditions in the real estate finance market; c. General economic conditions in the local area,state or region; d. The ability and purposefulness of development operations for the Planned Unit Development;and e. Laws, ordinances or other regulations that may have affected timely development of the project. D. Upon consideration of the findings by the City Council regarding the standards in Subsection 10-13- 14-C,the City Council shall decide whether: a. To revoke those portions of the Planned Unit Development for which construction has not begun; b. To extend the time allotted for construction to commence based upon a revised schedule of construction,or c. To require special changes in the Planned Unit Development as a condition of a time extension, whereby such changes shall be deemed a"major change"to the Planned Unit Development. E. Upon revocation of a Planned Unit Development, the parcel of land shall conform to the permitted uses and other regulations of the underlying zoning district of which it is a Special Use unless an 18 amendment or other Special Use is initiated by the City Council or is applied for by the owner of the parcel of land on which the Planned Unit Development was to be constructed and granted by the City Council. 10-13-15: EFFECTIVE DATE: This ordinance shall be in full force and effective immediately after passage, approval and publication in book form according to law, and its regulations shall be in effect except where a Final Plat for Planned Unit Development has been approved and building permit issued prior to the enactment of this ordinance, and further providing that substantial change of position, expenditures or incurrence of obligations by or on behalf of the applicant of such approval or building permit would occur as a result of compliance with the ordinance. Applications for Concept PUD Plan Review,or amendments to approved Preliminary PUD Plat or Final PUD Plat under the former Planned Unit Development (Ord. 2006-40, 5-23-2006) shall automatically become null and void by the enactment of this ordinance, unless acted upon prior to the enactment of this ordinance. 19 PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2012-01 NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall County, Illinois, is proposing to amend Title 10, Chapter 13: Planned Unit Development, of the Municipal Zoning Ordinance to comprehensively revise the method and procedure in which planned unit development(PUD) applications are considered for approval. Copies of the proposed ordinance are on file with the City Clerk. You are further notified that the proposed ordinance may be changed, modified, amended or redrafted in its entirety after the public hearing. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, February 8, 2012 at 7:00 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois 60560, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Memorandum a 1 % To: Plan Commission EST. _ leas From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator r= ` �y Date: April 3, 2012 Subject: PC 2012-02 - D Construction Spoil/Fill Site (Evergreen Farms Estate) Special Use Request to the R-2 Zoning District As you will recall, the Plan Commission reviewed the requested special use permit for the Evergreen Farm Estates property at a public hearing held on March 14, 2012 and took the following action: Motion to recommend approval of the request for authorization within the R-2 One Family Residence District to temporarily fill low areas and grade portions of the Evergreen Farm Estates with uncontaminated soil from roadway projects of the State of Illinois and return to agricultural uses as allowed by Special Use Permit in Section 10-6C-2 and Section 10-6B-2 of the United City of Yorkville City Code subject to recommendations in a staff memorandum dated March 7, 2012 and further subject to the clean soil only coming from the Route 47 roadway project. Action Item Vote: Lindblom-nay; Crouch-nay; Weaver-nay; Prochaska-nay; Kraupner-nay 0 ayes; 5 nays; 0 abstentions Staff Comments & Recommendation: As indicated is the above vote, the Plan Commission unanimously recommended denial of the requested special use permit in the R-2 One Family Residence District for temporary fill of clean soil from the Route 47 roadway construction project onto the Evergreen Farm Estates property. However, during the Plan Commission's deliberation of the evidence presented by the Petitioner and from testimony of those present at the public hearing, there was a failure to enumerate and reduce each of the required Special Use standards to writing. Due to the fact that Illinois State Statute requires in cases of special uses that the findings of fact shall refer to any exhibits containing plans and specifications, and shall specify the reason(s) for making a recommendation of approval or denial (65 ILCS 5111-13-I1), at staff's recommendation, the Economic Development Committee (EDQ has remanded the special use request to the Plan Commission for further deliberation and a full vetting of the individual Standards for Special Use based solely upon the evidence and testimony presented at the public hearing on March 14, 2012 to render written findings of facts to be considered by the City Council for final determination. For your reference, staff's memorandum and supporting materials submitted for review at the March 14'h public hearing meeting are attached and the Standards for Special Use are provided below. Standards for Special Use: Section 10-14-6F of the City's Zoning Ordinance establishes standards for special use requests. No special use shall be recommended by the Plan Commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. Attachments: 1. Staff's memorandum to Plan Commission dated March 7, 2012. 2. Aerial and Photographs of Subject Property 3. Copy of Petitioner's Application w/attachments. 4. Evergreen Farm Special Use Request Preliminary Site Plan prepared by HR Green dated 3/07/12. 5. Response to Staff's site plan review comments prepared by David Shultz of HR Green dated March 7, 2012. 6. Response to Engineering Enterprises Inc. (EEI) site plan review comments prepared by David Shultz of HR Green dated March 7, 2012. 7. Copy of Public Notice. Memorandum a 1 To: Plan Commission EST. -,� _ 1836 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: March 7, 2012 Subject: PC 2012-02 - D Construction Spoil/Fill Site (Evergreen Farms Estate) Special Use Request to the R-2 Zoning District Petitioner's Request: D Construction Management, LLC, on behalf of Brandon Road Properties, LLC, owner, is requesting special use approval within the R-2 One Family Residence District to temporarily fill low areas and grade portions of the Evergreen Farms Estates with uncontaminated soil from the Illinois Department of Transportation's (IDOT) Route 47 roadway project. Upon completion of the roadway project, the property will be restored to its current agricultural land use until such time it is redeveloped for residential dwellings. The City's zoning ordinance specifically identifies "filling of holes,pits or lowlands with noncombustible material free from refuse and food wastes" as an allowable use only in the R-1 One-Family Residence District by special use permit. However, due to the cumulative nature of the zoning ordinance, all permitted and special uses allowed in the R-1 District are also allowed as permitted and special uses in the R-2 One Family Residence District. Property Background: The Evergreen Farms Estates property, located at northeast and southeast corners of Fox Road and Pavilion Road, consists of two (2) parcels approximately 46.5-acres in total area. The parcel north of Fox Road is approximately 20.5 acres and the parcel south of Fox Road is approximately 26 acres. In 2006, the parcels were annexed into the City and approved a concept plan for a 77-unit single family residential development as part of an annexation agreement between the City and the original owners/developer of the property, Evergreen Farms Estates, LLC (Tanglewood Development Corporation). The annexation agreement did have provisions allowing the owner, following Preliminary Plan approval, to undertake excavation, preliminary grading work, filing and soil stockpiling on the property in preparation for the development of the site upon submittal of a grading plan and soil erosion and sedimentation control plan to the City and approved by the City Engineer. However, Preliminary Plan approval has not been granted for the Evergreen Farms Estate development and the proposed filing and soil stockpiling on the property is not in preparation for the development of the property for a residential land use. The annexation agreement also permits for the continuation of the property currently being used for farming and general agricultural uses until such time it is developed. Since approval of the concept plan in 2006 for the Evergreen Farms Estate property, no further action for redevelopment occurred. The property was placed on the market for sale and was recently purchased by the petitioner, Brandon Road Properties, LLC. Proposal Summary & Staff Comments: Below is staff's commentary regarding the petitioner's proposal for the temporary clean spoil/fill site operation. A more detailed project narrative, proposed site plan and responses to staff's initial plan review comments prepared by the petitioner is also included in the packet for your review. Day-to-Day Operations: As proposed, the temporary soil/fill operation on the property will coincide with the Route 47 project timeline and last for about 1-2 years. Trucks will remove clean spoil from the roadway construction site and haul the load to the subject property for re-spread to fill and grade low areas and to stockpile soil for later use. The operating hours for the project site will occur during normal business hours and comply with Section 4-4-3: Noise Ordinance of the City's Code which restricts excessive noise near residential land during daytime (7:OOAM — 10:00 PM) and overnight (10:00PM — 7:OOAM) hours. According to the petitioner, a majority of the grading operation will occur on only one (1) parcel, either north of Fox Road or south of Fox Road, at any given time during the operation. There are no temporary or permanent structures proposed as part of the special use permit application. Site Access & Traffic: The petitioner states the number of truckloads per day will vary with some days having little to no truck traffic, but estimates a peak of approximately 20-25 truckloads per day. The trucks, which will not exceed the legal or posted weight limits, will access the property from two (2) proposed temporary access points off of Fox Road as illustrated on the attached site plan. Permitting for these entrances will require authorization from the Kendall County Department of Highways, as this portion of Fox Road is under the county's jurisdiction. No construction traffic, nor truck access to the south parcel,will occur off of Pavilion Road. Appropriate traffic signage alerting motorists that trucks are entering and exiting the property onto Fox Road is also proposed. The on-site contractor will monitor Fox Road for construction traffic debris and/or dirt, and will conduct daily street cleaning as required during the temporary operation. A Street Cleaning deposit will be required by the City of Yorkville in the amount of $5,000.00 as part of the Soil Erosion and Sedimentation Control Plan approval and grading permit issuance. Site Development& Soil Erosion and Sedimentation Control Plans: Site Development & Soil Erosion and Sedimentation Control Plans are required by the city to permit the proposed grading and fill operation. These plans will indicate where sediment traps and perimeter silt fencing will be located on the site to protect existing drainage patterns, detail the method of dust control and street cleaning, and prevent erosion and runoff of the soil stock piles. These final engineering plans will be submitted by the petitioner and reviewed by the City's engineering consultant upon approval of the Special Use request. Compliance with Illinois Environmental Protection Agency(IEPA) regulations: The Illinois Department of Transportation (IDOT) will have the responsibility of completing the necessary environmental assessments and analysis to certify which soils from the Route 47 reconstruction project are non-special waste requiring transportation and disposal to a landfill and which soils are certified as "uncontaminated" soils per the Illinois Environmental Protection Agency (IEPA) standards. The Evergreen Farms Estates site will only receive the certified"uncontaminated" or clean soil. The testing of the soils will be conducted by an environmental engineering firm, ENMARC & Associates, contracted by IDOT. In a correspondence from ENMARC & Associates dated January 25, 2012 (attached), the project's environmental engineer states that the certified"clean" soil from the Route 47 project will not only meet the current IEPA standards for soil suitable for residential properties, but will also meet new regulations which provide additional criteria to further assess the soil's quality. Staff Comments & Recommendations: Staff offers the following comments and recommendations for the Plan Commission to consider when reviewing the petitioner's request: • Staff recommends the two (2) proposed temporary entrances off of Fox Road align and has shared this concern with the Kendall County Department of Highways in advance of issuance of the required access permit. The special use approval shall be subject to Kendall County Highway permit approval. • In 2009, the City completely resurfaced the stretch of Fox Road from Route 47 west to Popular Drive (approx. 5,500 linear feet) as part of the State's Local Agency Pavement Preservation (LAPP) program. Due to this recent improvement of our City's road infrastructure and the potential damage of Fox Road as a direct result from the proposed operation, Staff suggests an additional deposit or bonding be required by the petitioner as security to be held by the City until the completion of the proposed temporary use. The fee will be determined by the City's engineering consultant and based upon the review of the Site Development & Soil Erosion and Sedimentation Control Plans. • The special use approval shall be subject to Site Development Plan & Soil Erosion and Sedimentation Control Plan approval. Standards for Special Use: Section 10-14-617 of the City's Zoning Ordinance establishes standards for special use requests. No special use shall be recommended by the Plan Commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. Attachments: 1. Aerial and Photographs of Subject Property 2. Copy of Petitioner's Application w/attachments. 3. Evergreen Farm Special Use Request Preliminary Site Plan prepared by HR Green dated 3/07/12. 4. Response to Staff's site plan review comments prepared by David Shultz of HR Green dated March 7, 2012. 5. Response to Engineering Enterprises Inc. (EEI) site plan review comments prepared by David Shultz of HR Green dated March 7, 2012. 6. 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Eli _ _ _ .wit •��,.. r7 n; 1 `��� � �"�`+�� •-;- '`,�,� . - l.t a;.� � sit _ f: nn, �p•,.� r I �R+.��' '�� 'yk �1.A. •�. •. � ��Y� ,tit. � .'-. - _ rw Via. ><•. _5RS'�Y�TI�e+3� '�'•~ ��'� +■ I0ifVlI.!-iW'30 IN3Wd013A311 k[INIIINWOD 43 �rr�O United City of Yorkville } 800 Game Farm Road Z��Z 'Z NVF t, EST `° -- HIM Yorkville, Illinois 60560 col 0 Telephone: 630-553-4350 L ,y�.2 Fax: 630-553-3436 PC# APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST Development Name: Evergreen.Farm Date of Submission: 01/25/11 Requesting: d Annexation p Zoning d Planned Unit Development M Special Use: Filling and grading of site with approved clean fill -Return to Ag. Use 1. Name of Petitioner(s): Mr. Joe Phillips, D Construction Management- behalf of Owner Address: 1488 S. Broadway Coal City, Illinois 60416 Phone Number: . (815) 634-2555 Fax Number: _(815) 634-8748 Email Address: phi]lip sdevelopmentgroup@yahoo.com Relationship of Petitioner(s)to subject property: 0 Owner )0 Developer d Contract Purchaser 2. Name of holder of legal title, if different from#1: BRANDON ROAD PROPERTIES, LLC If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). (i). Street address and physical location of subject property: NE & SE corners of Fox Road&Pavillion Road (ii). Zoning of surrounding parcels: North. Kendall Co. Forest Preserve—Tax Exempt South: Agriculture (Kendall County) East: Agriculture (Kendall County) West. Agriculture(R-2 Yorkville) b). Legal description of property; attach as Exhibit W. c). Total Acreage: +/-46.5 acres d). Kendall County Parcel Number(s)of property: 05-06-100-012 e). Current Zoning Classification: R-2 (Yorkville) f). Zoning Classification Requested: None-remain as existing zoning g). Is this property within City limits? X Yes No, requesting annexation United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 44 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: United City of Yorkville, Kendall County Highway Department, IDNR, IHPA 6. List the Illinois Business Tax Number(IBT#)for the State of Illinois and names of businesses located on subject property to be annexed: NIA 7. Does a flood plain exist on the subject property? Yes 8. Do Electors reside on the subject property? No If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Gary K. Davidson-Brumund, Jacobs, Hammel, Davidson &Andreano, LLC Address: 58 E. Clinton Street, Suite 200 Joliet, Illinois 60432-4143 Phone Number: (815) 723-0628 Fax Number: (815) 723-1371 Email Address: gdavidson@brumund-jacobs.com Engineer: Name: HR Green, inc. _David Schultz Address. 651 Prairie Pointe Drive, Suite 201 Yorkville,IL. 60560 Phone Number: 630.708.5002 Fax Number: 630.553.7646 Email Address: dschultz@hrgreen.com Land Planner: Name:HR Green, ine. - David Schultz Address: 651 Prairie Pointe Drive, Suite 201 Yorkville, IL. 60560 Phone Number: 630.708.5002 Fax Number: 630.553.7646 Email Address: dschultz @hrgreen.com United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 45 10. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 35 copies. b. Appropriate filing fee(Please refer to page 4 of this application to"Petitioner Route, Step 1, Fees"and/or contact the Community Development Department for verification of this amount.) c. Concept or Preliminary Site Plan: 35 sets folded to fit in a 10"x 13"envelope. d. One CD containing one electronic copy(pdf) of each of the signed application (complete with exhibits) legal description, and site plan. In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguourAW"ev a United City of Yorkville. Date: 27-/► 2012- Petitioner"nature:nature: (All legal property owners' signatures must appear on this application.) �T Subscribed and sworn to before me this day of AnI . 200- /9 Notary Seal THIS APPLICATION MUST BE NOTARIZED. LPublic L SEAL T HANSEN NotaSlate of Ipinols My Com pires Oct 05.2018 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 46 ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application,fees'and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S.Army Corps of Engineers,etc.,to allow timely review by City. 'Fees: a. Annexation or Annexation and Rezoning-$250 plus$10 per acre for each acre over 5 acres b. Rezoning only-$200 plus$10 per acre for each acre over 5 acres c. Special Use-$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees- 1.25%of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee-$500 f. Engineering Review Deposit-up to 1 acre=$1,000; over 1 acre but not over 10= $2,500 over 10 acres, but not over 40=$5,000 over 40 acres, but not over 100= $10,000 over 100 acres=$20,000 g. Deposit for Outside Consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres= $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4'h Thursday of the month at 9:00 a.m. in the city conference Room. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: Community Development Director, City Engineer,Zoning Official, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Department representative. Step 3: Park Board planning meeting: The Park Board makes recommendations on any park sites included in residential developments. The Park Board planning meeting is the 4th Thursday of each month at 7:00 p.m. at the Parks and Recreation Office at 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Yorkville public library at 902 Game Farm Road. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor. A public hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the petitioner to adjacent property owners within 500 ft.of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names, addresses and permanent parcel numbers of all property owners. United City oFYorkville Annexation,PUD,"Zoning,Special Use Application Revised: 1.29.09 47 Step 5-Economic Development Committee: The Economic Development Committee meets the 1st Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council:A public hearing is required for annexation or PUD agreements. The City Council meets the 2"or 4`h Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. A public hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements,fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records)to the Community Development Department, United City of Yorkville, 800 Game Farm Road, Yorl i 60560. Date: a1., � ignature of Petitioner United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 EXHIBIT A Legal Description —"Evergreen Farm" Parcel THAT PART OF SECTION 6,TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINICIPAL MERIDAN DESCRIBED BY COMMENCING ATHE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 6;THENCE WEST 233.9 EET ALONG THE NORTH LINE OF SAID SECTION 6 TO THE SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON, &QUINCY RAILROAD COMPANY;THENCE SOUTH 61° 06' 20" WEST ALONG SAID RIGHT-OF-WAY LINE 1488.52 FEET FOR A POINT OF BEGINNING;THENCE SOUTH 01° 28, 38" EAST 406.94 FEET;THENCE SOUTH 25° 19' 10" EAST 1326.82 FEET;THENCE SOUTH 240 05' 33" EAST 587.67 FEET;THENCE SOUTH 66°45'42" WEST 1560.96 FEETTO THE CENTER LINE OF A GRAVEL ROAD; THENCE NORTH 22° 15'40" WEST ALONG SAID CENTER LINE 1258.64 FEET; THENCE NORTH 06° 13' 10" WEST ALONG THE CENTER LINE OF SAID GRAVEL ROAD 250.27 FEET TO THE CENTER LINE OF FOX ROAD;THENCE SOUTH 63'42' 50" WESTALONG THE CENTER LINE OF FOX ROAD 43.37 FEET;THENCE NORTH 080 38' 52"WEST 676.69 FEETTO THE AFORESAID SOUTHEASTERLY RIGHT-OF-WAY LINE;THENCE NORTH 61'06' 20" EASTALONG SAID RIGHT-OF- WAY LINE 1431.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THE SOUTHEASTERLY 350.0 FEET OF THE SOUTHWESTERLY 469.81 FEETTHEREOF AND ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL OF PROPERTY FROM THE POINT OF BEGINNING AFORESAID;THENCE SOUTH 01° 28' 38" EAST 406.94 FEET;THENCE SOUTH 25° 19' 10" EAST 305.69 FEETTO THE CENTER LINE OF FOX ROAD FOR A NEW POINT OF BEGINNING;THENCE SOUTH 25° 19' 10" EAST 1021.13 FEET; THENCE SOUTH 240 50' 33" EAST 587.67 FEET;THENCE SOUTH 66° 45,42" WEST 625.43 FEET; THENCE NORTH 250 19' 10" WEST 1540.44 FEET TO SAID CENTER LINE OF FOX ROAD;THENCE NORTH 63'42' 50" EAST ALONG SAID CENTER LINE 630.0 FEETTO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. EXHIBIT B "EVERGREEN FARM" PARCEL ADJOINING PROPERTY OWNERS (WITHIN 500 FEET) 05-06-100-001 05-06-302-001 05-06-126-003 Wayne & Ruby Bomeman Gerard &Paula Louise Dervin G. Linda J. Allen 12103 Fox Road Gawlik 12 Fox Glen Circle Yorkville, Illinois 60560 6650 Pavilion Road Yorkville, Illinois 60560 Yorkville, Illinois 60560 05-06-100-010 05-06-126-004 Kendall County Forest 05-06-302-002 Pamela J. Robinson & Preserve John T. & B.R. Cutsinger Sharon M. Rose 110 West Madison 6672 Pavilion Road 29 Fox Glen Drive, East Yorkville, Illinois 60560 Yorkville, Illinois 60560 Yorkville, Illinois 60560 05-06-100-1008 05-06-302-005 05-06-127-001 Silver Fox Real Estate LLC Ronald & Rebecca Kleckner Jeffrey S. & Debra L. Ness 7512 County Line Road 6720 Pavilion Road 42 Fox Glen Drive, West Burr Ridge, Illinois 60521 Yorkville, Illinois 60560 Yorkville, Illinois 60560 05-06-100-013 05-06-302-006 05-06-127-002 Stephen G. & Kathleen Theis Dahl Management LLC Ramon &Noemi Herrera 11642 Fox Road 15010 159" Street, West 36 Fox Glenn Drive, West Yorkville, Illinois 60560 Homer Glen, Illinois 60491 Yorkville, Illinois 60560 05-06-100-009 05-06-302-008 05-06-501-001 James Miller/Susan Wilhelm Ali N. & Frances L. G. JCB & Q RR CO 11500 Fox Road Jablway 547 West Jackson Yorkville, Illinois 60560 6624 Pavilion Road Chicago, Illinois 60606 Yorkville, Illinois 60560 05-06-101-001 04-01-501-001 Daniel F. &Patricia L. Kalas 05-08-376-008 CB & RR CO 45 Fox Glen Drive, West Wayne J. &C. Kathleen Walz 547 West Jackson Yorkville, Illinois 60560 23925 Cedar Road, South Chicago, Illinois 60606 Manhattan, Illinois 60442 05-06-101-002 04-01-200-002 Derek West/Margo Robles 05-06-126-001 Wayne L. & Ruby Bomeman 51 Fox Glen Drive Gregory R. &Juile R. Fisher 12103 Fox Road Yorkville, Illinois 60560 2001 Walton Court Yorkville, Illinois 60560 Naperville, Illinois 60565 05-06-301-001 04-01-200-003 Aspen Ridge Estates LLC 05-06-126-002 Fox River Bluff LLC 9217 Gulfstream Road, Peter J. Kathleen M. P.O. Box 1746 Suite`102 Staunton Lombard, Illinois 60148 Frankfort, Illinois 60423 15 Fox Glen Circle Yorkville, Illinois 60560 04-01426-001 Aspen Ridge Estates LLC 9217 Gulfstream Road, Suite102 Frankfort, Illinois 60423 �0-D CITf, United City of Yorkville 0 800 Game Farm Road Yorkville,Illinois 60560 esr �•o less Telephone: 630-5534350 Fax: 630-553-7575 � �'� ?� INVOICE& WORKSHEET � t PETITION APPLICATION CONTACT: DEVELOPMENT/PROPERTY: Mr,doe Phitlips, D Construction Fyergreen Farm Estate.- 1488 S.Broadway,Coal City,Illinois 60416 Acreage:approx.47 acres (815)634-2555 Date: 01/25/11 Concept Plan Review: I J Yes [I No S Engineering Plan Review Deposit of$$500 due Amendment: I]Yes I I No $ $500.00 Fee due fur each. (Annexation) (Plan) (Plat) (PUD) Annexation: [I Yes []No $ $250.00,plus$10/acre for each acre over 5. #of acres: -5= x$10" +5250 Rezoning: I I Yes []No S 5200.00,plus$10/acre for each acre over 5, #of acres: -5= x 510= +S200 If annexing and rezoning,charge only 1 per acre fee. If rezoning to a PUD,charge PUD Development Fee-not Rezoning Fee. Special Use. [XJ Yes []No $670.00 5250.00,plus$10/acre for each acre over 5. 4 of acres: 47.0-5=42.0 x$10=420.00+$250 Zoning Variance: $85.00 I]Yes []No $ Outside Consultants deposit of 5500.00 due Preliminary Plan Fee: $500.00 []Yes I]No $ P.U.D.Fee: $500.00 []Yes [J No $ Final Plat Fee: $500.00 [J Yes []No S Engineering Plan Review Deposit: [X]Yes []No $10.000.00 _ []Less than 1 acre=S 1,000 due []Over 1 acre and less than 10 acres=52,500 due []Over 10 acres and less than 40 acres=$5,000 due [XJ Over 40 acres and less than 100 acres=$10,000 due I J Over 100 acres=520,000 due Outside Consultants Deposit,: [XJ Yes [I No $5.000.00 Legal,Land Planner,Zoning Coordinator,Environmental Services Annexation Suhdivision Rezonine,and Special Use_ []Less than 2 acres=S 1,000 due [J Over 2 acres and less than 10 acres=52,500 due [X]Over 10 acres=55,000 due TOTAL AMOUNT DUE: $15.670.00 Woo&0 Dme'Dev.Drp.AR01 Fee Sheri Wkse ENKI"I'AC 224 E.Cusler 5i., Lemont, 1L 60439 :�i PO BOX 866,Morris, It 60450 %.issaciates, LLC Phone 630.257.4357•Fax 630.257.1650 January 25, 2012 Mr. David Schultz HRE Green, Inc. 651 Prairie Point Drive,Suite 201 Yorkville, IL 60650 RE: Evergreen Farm Special Use Project Dear Mr.Schultz: Pursuant to your request, ENMARC & Associates, LLC is herein providing information regarding the management of the clean fill in accordance with the above referenced special use application. Prior to completion of any reconstruction of any ROW owned by the State, the Illinois Department of Transportation contracts the completion of a Preliminary Environmental Site Assessment (PESA) of the entire roadway to be subject to reconstruction and identifies any Recognized Environmental Conditions (REC's) on properties adjacent to said ROW. Based upon the results of the PESA, IDOT subsequently completes a PSI (Preliminary Site Investigation) which consists of the actual quantification of the REC's through sampling and analysis of the ROW in areas where excavation is to occur. Subsequently, ]DOT then defines boundaries of impacted zones in which the soils generated from reconstruction activities are quantified as non-special waste requiring transportation and disposal at a Subtitle D Landfill. With the regards to the soils outside of the delineated impact zones, these materials are typically certified by IDOT as "uncontaminated" soil pursuant to the new CCDD requirements (PA 96-1416, as amended by PA 97-137), and subject the agreement established between the Illinois EPA and IDOT. Per this agreement, the IEPA recognizes this methodology of "uncontaminated" soil determination established by IDOT for highway projects,to be acceptable for purposes of establishing soils as "clean". Presently, uncontaminated soils are established by IDOT as those meeting the requirements of 35 IAC Part 742 (Tier Approach for Corrective Action Cleanup objectives, TACO) for residential properties, or those meeting the background standards established for major metropolitan statistical areas (which includes Kendall County). Under PA 1416, the IEPA has developed new regulations that are presently under review by the Illinois Pollution Control Board and proposed for adoption by July 31, 2012. Under the proposed regulations, the IEPA has established clean soil standards, which basically follow TACO and which IDOT has been considering (since the development of the proposed regulations) to further assess and delineate between"uncontaminated"soils and"contaminated"soil zones under their PSI protocol. On behalf of D Construction, 1 will be your point of contact with respect to any environmental issues or concerns. Should you have any further questions regarding the enclosed, please do_ not hesitate to contact me @ 630-234-3495. Sincerely, / t / e g anetteVir il]o Environmental Engineer EVERGREEN FARM SPECIAL USE REQUEST UNITED CITY OF YORKVILLE HOOVER - FOREST R-2 ZONING PRESERVE (A-1-SU ZONING) CHICAGO BURLINGTON NORTHERN E QUINCY R•R 1432.31' i EXISTING PROPERTY EXISTING TREE DRIPUNE LINE (TYP.) (TO REMAIN UNDISTURBED) AREA NORTH OF FOX RD. 20.5 AC. KENDALL COUNTY (R-2 ZONING - CITY) (A-I ZONING) EXISTING USE - AGRICULTURE ^/O' FUTURE USE - AGRICULTURE TOPSOIL STRIP BERM �O AFTER CLEAN FILL AND STOCKPILE AREA n EXISTING TREE DRIPUNE GRADING OPERATIONS (DETERMINE AT FINAL �( (TO REMAIN UNDISTURBED) ENGINEERING) O V� EXISTING CULVERT AND FIELD ENTRANCE (VERIFY WITH EXISTING TREE ORIPLINE O COUNTY AND IMPROVE FIELD (TO REMAIN UNDISTURBED) v- EXISTING R.O.W. ENTRANCE AS REQUIRED PROPOSED CONSTRUCTION M (TYP.) ENTRANCE FOR ACCESS EL C EXISTING CULVERT (TEMPORARY) TO NORTH PARCEL OVERHEAD TO REMAIN UTILITY LINES (TYP.) (FOX ROAD)[EXISTING IXI5nNG DRNEWAY --—OE - -- I - ---- CULVERT(TO REMAIN) / 4' FOX ROAD 630.00' EVERGREEN FARM KENDALL COUNTY ° (A-1 ZONING) EXISTING CULVERT AND FIELD ASPEN RIDGE ry ENTRANCE (VERIFY WITH LOCATION MAP (2-2 ZONING - CITY)ry o COUNTY AND IMPROVE FIELD ENTRANCE AS REQUIRED PROPOSED CONSTRUCTION ENTRANCE FOR ACCESS EXISTING R.O.W. TO SOUTH PARCEL Now7N (TYP.) (TEMPORARY) - SOUTHWEST 0 Q� SIDE/CORRIDOR HE CITY OF EXISTING OVERHEAD �.-�a UTILITY UNES (NP.) , Z R0P _O .Fox -- -� PROJECT Oz AREA �a PROJECT CONTACTS AREA SOUTH OF FOX RD, Y —EXISTING UON ROD) (R-2 ZONING 26.0 AC. CITY) CLIENT: GOVERNMENT CONTACT: - (PAVIWON ROAD) EXISTING USE - AGRICULTURE JOE PHILLIPS - D CONSTRUCTION MANAGEMENT FUTURE USE - AGRICULTURE 1488 S. BROADWAY CITY CONTACT: AFTER CLEAN FILL AND COAL CITY, ILLINOIS 60416 UNITED CITY OF YORKVILLE 800 GAME FARM ROAD GRADING OPERATIONS TEL: (815) 634-2555, FAX: (815) 634-8748 YORKVILLE, ILLINOIS 60560 TEL: (630) 553-4350 Ol ^1 ENGINEER/SURVEYOR: CITY ENGINEERING CONTACT: w 14 HR GREEN, INC. ENGINEERING ENTERPRISES, INC. h 651 PRAIRIE POINTE DR., SUITE 201 BRAD SANDERSON, P.E. YORKVILLE, ILLINOIS 60560 52 WHEELER ROAD TEL: (630) 553-7560 SUGAR GROVE, ILLINOIS 60554 FAX: (630) 553-7646 TEL: (630) 466-6700 DAVID W. SCHULTZ, P.E. - PROJECT MANAGER KENDALL COUNiY HIGHWAY DEPARTMENT TEL: (630) 708-5002 COUNTY ENGINEER FRANCIS P.E. PETER J. HUINKER, P.E. - SITE MANAGER 6780 ROUTE TE S4, EXISTING PROPERTY TEL: (630) 708=5003 OFFICE: 630-5537616 UNE (TYP.) FAX: 630-553-75 GENERAL NOTES: C E R T I F I C A T I O N • NPDES PERMIT REQUIRED. • SITE DEVELOPMENT PERMIT TO BE FILED AT FINAL ENGINEERING. EXISTING PROPERTY KENDALL COUP COUNTY PO crrY. PROFESSIONAL ENGINEER'S SIGNATURE & SEAL LINE (TYP.) SEDIMENT TRAPS AND PERIMETER FENCING TO PROTECT EXISTING DRAINAGE PATTERNS - EROSIO CONTROL METHODS PER SWPPP. 46s.aB' FILL MATERIAL TO BE CREATED FRO' AN IDOT OFFSITE ROADWAY PROJECT. IDOT TO PROVIDE A 663 CERTIFICATION (IDOT AND IEPA KENDALL COUNTY NO AGREEMEN TEMPORARY OR PERMANENT (A-I NOTE: THIS SIGNATURE & SEAL ONLY APPLIES TO DESIGN INFORMATION ZONING) STRUCTURES TO BE PROPOSED w.scy���,,� = 06E-05)616 UNDER THE SPECIAL USE PERMIT. PREPARED BY HR GREEN, INC. (THIS SHEET ONLY) = Recisc61 • MONITORING OF FOX ROAD FOR $* PREN O OVAL O DEBRIS AND DIRT TO BE STRICTLY O ENFORCED BY CONTRACTOR AND INFORMATION INCLUDED WITHIN THIS PLAN SET WHICH HAS BEEN DAILY CLEANING AS REQUIRED. COMPLETED BY OTHER CONSULTANTS IS NOT CERTIFIED BY THIS <cINDS, CONSTRUCTION TRAFFIC RESTRICTED SIGNATURE & SEAL. °nm1a������o��„ TO FOX ROAD ONLY(KENDALL CO. HWY NO. 1) KENDALL COUNTY (R-I ZONING) Dial 811 or 1-800-892-0123 NpQ..;:: ,i rh • WITH 7HE FOLLOWING o COUNTY KENDALL / C/TY-TOWNSHIP YORKVILLE-KENDALL TWP KENDALL COUNTY 465.25' SEC. &114 SEC. NO.# 06.TWP 36 N. RANGE 7 E (A-I ZONING) Know what's below. �2) Working Days before you dig 1 SPECIAL USE SITE PLAN — EVERGREEN FARM P R E L I M I N A R Y Excluding Sat.,Sun.&FkdWM) SCALE: 1" = 100' NOT FOR CONSTRUCTION C811beforeyoudig. m m a EVERGREEN FARM — SPECIAL USE PERMIT REQUEST "0 oiT i Dws PLAN COUNCIL CIOSMO� UESCRIPTION a � o � - oA o < � -_ D Construction mo D= coal city, Illinois 60416 HRGreen.com om O N oz .n 4 N - HRGreen 3/8/2012 10:25:44 AM, 1:1 HRGFreen March 7, 2012 Ms. Krysti J. Barksdale-Noble,AICP Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: Evergreen Farm Estates HR Green Job No.: 88110413 Dear Ms. Barksdale-Noble: HR Green, Inc. (HR Green) has received the comment letter United City of Yorkville dated February 24, 2012. Below is a point-by-point response to that letter. Comment 1: A Site Development Plan and Soil Erosion and Sedimentation Control Plan are required to be submitted to the City's engineering consultant for review and permit approval to ensure compliance with Title 8, Chapter 13: Soil Erosion and Sedimentation Control of the Yorkville Municipal Code. The following information must be included: • Method of dust control • Method of cleaning Fox Road • General method of how fill will be placed, including comment on whether north and south parcels will be filled at the same time. • Detail on control measures • Delineation of Floodplain on the Site Plan Response 1: Noted and to be addressed within the Site Development Permit and final engineering documents in a forthcoming submittal just after the Public Hearing Meeting as discussed in Plan Council. Upon City request and to be listed within the Site Development Permit the contractor can provide a list of equipment used for dust control and equipment to be used for cleaning measures on Fox Road. Research of best available data included previously submitted documents on this property and current FIRM Map Panel#0040G, Map Number 17093CO04OG yields that there is no delineated floodplain onsite for this subject area. HRGreen.com Phone 630.553.7560 Fax 630.553.7646 Toll Free 800.728.7805 651 Prairie Pointe Drive,Suite 201,Yorkville, Illinois 60560 Ms.Krysti J.Barksdale-Noble United City of Yorkville Evergreen Farms Estates HR Green Job No.:88110413 March 7,2012 Page 2 Comment 2: Proposed Temporary Entrances to the property on the north side of Fox Road and south side of Fox Road will need to be permitted through Kendall County's Highway Department. Confirmation of permit application shall be provided to the City. Response 2: Noted and HR Green has been in coordination with the County Engineer and a temporary Highway Access permit is to be filed and secured permit forwarded to the City for reference. Comment 3: Please provide a brief narrative with regards to anticipated truckloads per day and per peak hour, truck traffic, days and hours of operations, truck template illustrating truck maneuverability into and out of proposed temporary construction access points. Response 3: Overall timeframe of this project was discussed at plan council and the project duration of one to two years is assumed based on project analysis. The truckloads per day will vary from a day to day operating standpoint and it is anticipated to have a peak of 20-25 trucks per day. Also please note that there will be days that no trucks will be running to this site at all. Operating hours for this project site would follow the City Ordinance and it was also discussed that a dozer/sheepsfoot blade would be operating possibly once a week to level off the dirt in lifts that was brought into the site. Majority of the grading operation would be focused on one side of the site at one time and there is no intention of having both the north and south sides of the site open at the some time. The temporary construction entrance will accommodate trucks entering and exiting at the some time with the appropriate turning radii. Also warning signage is to be proposed on Fox Road to warn motorists that "Trucks Entering Highway"in both directions. Comment 4: Please provide additional details regarding proposed alternate field entrance off of Pavilion Road. Response 4: Pavillion Road temporary entrance is to be removed and not to be used as an alternate to this site. Comment 5: Please confirm no temporary or permanent buildings and/or structures will be erected on the property during the proposed operation. H77en.00m Ms.Krysti J.Barksdale-Noble United City of Yorkville Evergreen Farms Estates HR Green Job No.:88110413 March 7,2012 Page 3 Response 5: No temporary or permanent buildings will be erected for the special use permit operations that are being proposed. Comment 6: Please verify if the property or the areas designated for temporary fill stockpile be secured with fencing or other method of protection. Response 6: Disturbed grading areas to be protected by perimeter silt fencing and other soil erosion measures are to be proposed for this site. Comment 7: Please confirm construction traffic will be limited to Fox Road and will not utilize Pavilion Road to access the property. Response 7: Per discussions at the Plan Council meeting, only Fox Road will be allow for the construction traffic and only posted or legal loads will be allowed. Comment 8: A Street Cleaning deposit shall be established with the City of Yorkville in the amount of$ 5,000.00 as part of the soil erosion and sedimentation control plan approval and grading permit issuance. Response 8: Noted. Comment 9: Additional deposit/bonding may be required for Fox Road as security for repair of any damage to the roadway resulting from the proposed operation. Fees will be determined upon receipt and review of the Site Development Plan. Response 9: Noted and a roadway bond was discussed at the Plan Council Meeting and to be determined at Site Development Permit if required. HF�Green.00m Ms.Krysti J.Barksdale-Noble United City of Yorkville Evergreen Farms Estates HR Green Job No.:88110413 March 7,2012 Page 4 If you have any questions or require any additional information, please contact me at 630-708-5002. Sincerely, HR GREEN, INC. David W. Schultz, P.E., LEED AP BD+C Project Manager DWS/pam cc: Mr.Joseph Phillips, Brandon Road Properties, LLC O:\88110413\D e s i g n\C o rr\I t r-030712-co m m e n t_re s po n se_Yo rkvi I l e.d ocx HRGreen.com HRGreen March 7, 2012 Mr. Bradley P. Sanderson, P.E. Vice President Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 RE: Evergreen Farms Estates HR Green Job No.: 88110413 Dear Mr. Sanderson: HR Green, Inc. (HR Green) has received the comment letter from Engineering Enterprises, Inc. dated February 17, 2012. Below is a point-by-point response to that letter. Comment 1: Prior to any fill being placed on site, a detailed grading plan with a soil erosion and sedimentation control plan should be provided. The plan should describe at the minimum the following: • Locations and detail of the proposed entrances to the site • Description of proposed haul routes • Method of dust control • Method of cleaning Fox Road • General method of how fill will be placed, including comment on whether north and south parcels will be filled at the same time. Response 1: Noted and to be addressed at time of Site Development Permit in a forthcoming submittal after the scheduled Public Hearing Meeting. Comment 2: In addition, a site development permit application will need to be submitted to our office for review. Response 2: Noted and to be submitted mid-March for City review. HFlGreen.com Phone 630.553.7560 Fax 630.553.7646 Toll Free 800.728.7805 651 Prairie Pointe Drive,Suite 201,Yorkville, Illinois 60560 Mr.Bradley P.Sanderson,P.E. Engineering Enterprises,Inc. Evergreen Farms Estates HR Green Job No.:88110413 March 7,2012 Page 2 Comment 3: Access points off of Pavillion Road should not be allowed. Response 3: Noted and final engineering plans for the Site Development Permit to reflect this. Comment 4: Fox Road in the area of the site in question is a County Highway. A permit will be required from them for any proposed entrance improvements. Response 4: Noted and HR Green has been in coordination with the County Engineer and a temporary Highway Access permit is to be filed. If you have any questions or require any additional information, please contact me at 630-708-5002. Sincerely, HR GREEN, INC. David W. Schultz, P.E., LEED AP BD+C Project Manager DWS/pam cc: Mr.Joseph Phillips, Brandon Road Properties, LLC 0:\88110413\Design\Corr\ltr-030712-comment_response_EE I.docx HRGreen.com PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2012-02 NOTICE IS HEREWITH GIVEN THAT D. Construction Management, Petitioner, on behalf of Brandon Road Properties, LLC, Owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a authorization within the R-2 One-Family Residence District to temporarily fill low areas and grade portions of the site with uncontaminated soil from roadway projects of the State of Illinois and return to agriculture uses as allowed by Special Use Permit in Section 10-6C-2 and Section 10-613- 2 of the United City of Yorkville City Code. The real property consists of approximately 46.5 acres, located at the northeast and southeast corners of Fox Road and Pavilion Road (Evergreen Farm Estates) in Yorkville, Illinois. The legal description is as follows: THAT PART OF SECTION 6, TOWHSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINICIPAL MERIDAN DESCRIBED BY COMMENCING A THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE WEST 233.9 EET ALONG THE NORTH LINE OF SAID SECTION 6 TO THE SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON, & QUINCY RAILROAD COMPANY; THENCE SOUTH 61° 06' 20" WEST ALONG SAID RIGHT-OF-WAY LINE 1488.52 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 01° 28' 38" EAST 406.94 FEET; THENCE SOUTH 250 19' 10" EAST 1326.82 FEET; THENCE SOUTH 24° 05' 33" EAST 587.67 FEET; THENCE SOUTH 660 45' 42" WEST 1560.96 FEET TO THE CENTER LINE OF A GRAVEL ROAD; THENCE NORTH 22° 15' 40" WEST ALONG SAID CENTER LINE 1258.64 FEET; THENCE NORTH 06° 13' 10" WEST ALONG THE CENTER LINE OF SAID GRAVEL ROAD 250.27 FEET TO THE CENTER LINE OF FOX ROAD; THENCE SOUTH 63° 42' 50" WEST ALONG THE CENTER LINE OF FOX ROAD 43.37 FEET; THENCE NORTH 08° 38' 52" WEST 676.69 FEET TO THE AFORESAID SOUTHEASTERLY RIGHT-OF-WAY LINE; THENCE NORTH 61° 06' 20" EAST ALONG SAID RIGHT-OFWAY LINE 1431.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THE SOUTHEASTERLY 350.0 FEET OF THE SOUTHWESTERLY 469.81 FEET THEREOF AND ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL OF PROPERTY FROM THE POINT OF BEGINNING AFORESAID; THENCE SOUTH 01° 28' 38" EAST 406.94 FEET; THENCE SOUTH 250 19' 10" EAST 305.69 FEET TO THE CENTER LINE OF FOX ROAD FOR A NEW POINT OF BEGINNING; THENCE SOUTH 25° 19' 10" EAST 1021.13 FEET; THENCE SOUTH 24° 50' 33" EAST 587.67 FEET; THENCE SOUTH 660 45' 42" WEST 625.43 FEET; THENCE NORTH 25° 19' 10" WEST 1540.44 FEET TO SAID CENTER LINE OF FOX ROAD; THENCE NORTH 63° 42' 50" EAST ALONG SAID CENTER LINE 630.0 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Permanent Index Number(PIN): 05-06-100-012 NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a Public Hearing on said Special Use application on Wednesday, March 14, 2012 at 7 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. Beth Warren City Clerk By: Lisa Pickering Deputy Clerk