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Plan Commission Minutes 2013 07-10-13 APPROVED 8/14/13 UNITED CITY OF YORKVILLE PLAN COMMISSION City Council Chambers Wednesday,July 10, 2013 7:00pm Commission Members in Attendance: Chairman Tom Lindblom Jeff Baker James Weaver Michael Crouch Charles Kraupner Jane Winninger Jack Jones Absent: Art Prochaska Other City Staff Krysti Barksdale-Noble, Community Development Director Other Guests— Dan Kramer, Attorney Christine Vitosh, Depo Court Reporter Lynn Dubajic, YEDC Stuart Weihler, Priority Health Meeting Called to Order Chairman Tom Lindblom called the meeting to order at 7:00pm. Roll Call Roll call was taken and a quorum was established. Previous Meeting Minutes February 13, 2013 The minutes were unanimously approved on a voice vote following a motion by Baker and second by Crouch. Citizen's Comments None Public Hearings 1. PC 2013-05 Priority Health and Body Makeover, Inc., petitioner has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to annex and rezone land located in unincorporated Kendall County from the County's B-3 Highway Business District to the United City of Yorkville's B-2 General Business District. The real property consists of two (2) parcels totaling approximately 1.5 acres generally located immediately west of North Bridge Street (IL Route 47),just north of Walnut Street in Kendall County,Illinois. Page 1 of 3 A motion was made by Jones and seconded by Baker to open the Public Hearing. Voice vote approval and hearing began at 7:02pm. Chairman Lindblom swore in those who would speak. (See court reporter's transcript of hearing) The hearing ended at 7:07pm on a motion by Jones and second by Weaver. Voice vote approval. New Business: 1. PC 2013-05 (same as above Public Hearing) Discussion: Commissioner Jones asked what type of business is Priority Health. Mr. Weihler said his business performs chiropractic, massage therapy and rehab and has been in the area for 5 years. Ms. Barksdale-Noble said the petitioner has completed the standards already and these will officially be entered into the records (see attached). Ms. Dubajic commented that she has known Mr. Weihler for a long time and this is now their third location in Yorkville. She said it was good to see a success story in Yorkville. This property has been vacant for awhile and Mr. Crouch commented that having a professional building in this area was an appropriate use. Motion: Charles Kraupner made a motion as follows: In consideration of testimony presented during a Public Hearing on July 10, 2013 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council of a request rezoning of the subject property upon annexation to within the B-2 General Business District, as proposed by Priority Health and Body Makeover, Inc., as submitted in an application date stamped received May 10, 2013, subject to any conditions or comments. Commissioner Jones seconded the motion. Discussion: Mr. Baker commented that B-2 is a good fit, however, he suggested that B-3 would make the property more marketable in the future. Attorney Kramer said normally B-3 is the zoning for property on a state highway, however, the properties south of Jewel are B-2 also. Also, the highway conditions will not be conducive for in/out driveways. Mr. Crouch said the zoning will be appropriate with the surrounding businesses. Roll call vote: Crouch-yes, Kraupner-yes, Winninger-yes, Jones-yes, Baker-yes, Weaver-yes, Lindblom-yes. Passed 7-0 Old Business 1. City Council Action Updates a. PC 2012-11 Kendall Crossing—Final Plat Ms. Barksdale-Noble said the Final Plat was approved and no construction is underway. No further action is needed. She also said another annexation project will be coming in August. Page 2 of 3 Additional Business None Adiournment The meeting was adjourned at 7:16pm on a motion by Crouch and second by Weaver. Voice vote approval. Respectfully submitted by Marlys Young, Minute Taker Page 3 of 3 1 1 i 2 UNITED CITY OF YORKVILLE i 3 YORKVILLE , ILLINOIS I 4 5 PLAN COMMISSION MEETING i i 6 PUBLIC HEARING 7 i 8 I i 9 i 10 800 Game Farm Road I i 11 Yorkville , Illinois 12 13 14 Wednesday , July 10 , 2013 15 7 : 00 p . m . 16 17 18 i i 19 i 20 21 22 23 I 24 I Depo • Court Reporting Service ( 630 ) 983 - 0030 I i 2 I 1 PRESENT : I 2 Mr . Tom Lindblom , Chairman , 3 Mr . Jeff Baker , i 4 Mr . Jack Jones , I 5 Mr . Charles Kraupner , 6 Mr . Michael Crouch , 7 Ms . Jane Winninger , 8 Mr . James Weaver . 9 I 10 ALSO PRESENT : 11 Ms . Krysti Noble , Community Development 12 Director ; 13 Ms . Marlys Young , Minute Taker . 14 - - - - - i 15 16 I 17 18 19 20 21 22 I 23 24 Depo • Court Reporting Service ( 630 ) 983 - 0030 I 3 i 1 ( The following proceedings 2 were had in public hearing . ) 3 CHAIRMAN LINDBLOM : Okay . I would 4 accept a motion to enter into public hearing for 5 PC 2013 - 05 . i 6 MR . JONES : Second , Jones , I 7 MR . BAKER : No , you have to make the i 8 motion . I ' ll second it . How ' s that ? I i i 9 MR . JONES : Sounds good . 10 CHAIRMAN LINDBLOM : Motion has been 11 made , second on the motion . Those in favor i 12 signify by saying aye . 13 ( A chorus of ayes . ) 14 CHAIRMAN LINDBLOM : Opposed ? 15 ( No response . ) 16 CHAIRMAN LINDBLOM : Okay . We are now in 17 public session for PC 2013 - 05 , Priority Health and 18 Body Makeover , Incorporated , petitioner , has filed i 19 an application with the United City of Yorkville , 20 Kendall County , Illinois , requesting to annex and 21 rezone land located in unincorporated Kendall 22 County from the County ' s B - 3 Highway Business 23 District to the United City of Yorkville ' s B - 2 i 24 General Business District . i I i Depo • Court Reporting Service ( 630 ) 983 - 0030 i I i 4 1 The real property consists of two 2 parcels totaling approximately 1 . 5 acres generally 3 located immediately west of North Bridge Street , 4 ( Illinois Route 47 ) , just north of Walnut Street 5 in Kendall County , Illinois . 6 So if there is anybody who is going 7 to address us now , stand and take the oath for 8 public hearing . i 9 ( Witnesses sworn . ) 10 CHAIRMAN LINDBLOM : Dan , are you 11 speaking for the petitioner ? 12 MR . KRAMER : I am . Thank you . Excuse i i 13 me with the laryngitis tonight . Some people call 14 that a blessing . I 15 MR . BAKER : I won ' t . 16 CHAIRMAN LINDBLOM : Thank you , 17 Mr . Baker . i i 18 DANIEL J . KRAMER , i 19 spoke from the podium to the Plan Commission as 20 follows : 21 MR . KRAMER : Dan Kramer for the 22 petitioner . My address is 1107A South Bridge 23 Street , Yorkville , Illinois , and I am an attorney 24 licensed to practice law in the state of Illinois Depo • Court Reporting Service ( 630 ) 983 - 0030 I 5 1 and I represent the petitioner . 2 Stuart is moving , he and his wife i 3 are the owners of the business , so if you have any i 4 questions in particular for him , tonight he is i 5 here . i I 6 This property for those of you that 7 have lived in Yorkville a long time is immediately 8 south of the Sunset Hotel on the west side of the 9 street on 47 , and frankly I think all of us are i 10 surprised that has never developed over the years , i 11 so it looks like we ' re going to get a nice end 12 user . 13 Right now their business is in the i 14 old Thomas R . Cabot Drugs on 34 , so this will be a 15 new building that they will be the primary tenant ; 16 could possibly have an another small tenant , but 17 will likely be the sole occupant initially . j I 18 We have a picture - - even though 19 we ' re not here on site plan approval tonight - - of 20 what they plan on doing with the building . It 21 would be a masonry or a dryvit , stucco - type 22 structure . 23 The thing I told Stuart that I i 24 really liked about their artist ' s rendition of it I Depo • Court Reporting Service ( 630 ) 983 - 0030 I i i 6 1 is being out there on the curb , you ' re going to 2 see not just the front of it as you drive by , but 3 you are going to see the northern exposure when 4 you are going southbound , and as you ' ll see , I 5 they ' re not just front jacketing the building ; in I 6 other words , you ' re going to see nice architecture I 7 all the way around , so I thought that was a real 8 plus . 9 We bifurcated our approach here with 10 the City in two parts . First of all , the 11 property , as you will see in the petition , is out 12 in the county still , it ' s never been annexed . 13 Back when I was city attorney , one 14 of my jobs was to get all of the parcels going up I 15 47 and 34 , and when Bob Davidson was mayor , I 16 think we brought 60 - some parcels in . This one we 17 could never talk the Horton family into doing it 18 frankly . i 19 One of the difficulties was the City i 20 didn ' t have a way to serve it with sewer and 21 water , and I suspect that was one of the factors 22 of why it hasn ' t developed for so long . 23 About two years ago when IDOT was I I 24 getting serious about the Route 47 plans , the then Depo • Court Reporting Service ( 630 ) 983 - 0030 7 i 1 city engineer came to us and said the City was 2 going to work with IDOT to bring sanitary sewer 3 across from the intersection of Walnut and 47 i 4 where there was a manhole deep enough to serve i I 5 that side of the street , and whenever they would i 6 do the state project and had it opened up , that 7 was the time to run it . 8 So Stuart would love to start this 9 year , but as you see , IDOT is moving not all that 10 quickly with the project and - - I 11 CHAIRMAN LINDBLOM : To say the least . I 12 MR . KRAMER : I was being charitable . He i 13 and his wife are buying the property . Right now 14 it ' s owned by Castle Bank and it is a contract 15 contingent on getting annexation and zoning with j i I 16 the City , so we ' re asking in the first sight from I 17 you here tonight to recommend the annexation as 18 B - 2 Business District to the City , so it ' s almost 19 a down zoning from the County B - 3 , and the other i 20 part we ' re asking is that you give the rezoning i 21 recommendation to the City Council to B - 2 . 22 The thing is about B - 2 you get a 23 nice localized business like this , won ' t be a 24 24 - h0 McDonald ' s drive - through or anything , not i Depo • Court Reporting Service ( 630 ) 983 - 0030 I 8 1 that those aren ' t good things , but that just I 2 wouldn ' t be an appropriate place with the 3 residences immediately behind it , so we think 4 given the City ' s Comprehensive Plan , B - 2 makes 5 sense , certainly makes sense since it is 6 surrounded by the city to be annexed in , and then 7 we will have to come back once the sewer and water 8 plans are finally in order with the state and city I 9 to actually show the site plan for it . i 10 Actually that will be more of just a I i 11 building department staff matter , but we want you 12 to know why we weren ' t giving you full blown 13 engineering and so on at this time . 14 It sounds like the most difficult i I 15 part the city has is working with the state , no 16 quarrel or anything , but there is an awful lot of 17 utilities in a short narrow space right next to 18 the right - of - way , so they have to weave the sewer 19 and water and - - primarily it ' s sanitary , there is i 20 water kind of on the corners of the property , so j i i 21 we are good with that , so it will be fully served i i 22 by city water and sewer as well . 23 So we will be happy to answer any II 24 questions , but we would ask for a positive Depo • Court Reporting Service ( 630 ) 983 - 0030 I I i i I 9 1 recommendation , and we did tender our certified 2 mailings to everybody , Krysti , and publications i 3 some time ago . 4 CHAIRMAN LINDBLOM : Okay . Is there any 5 kind of comments from the public at this point ? 6 ( No response . ) 7 CHAIRMAN LINDBLOM : Okay . Hearing none i i 8 then , I would entertain a motion to adjourn the i 9 public hearing . 10 MR . JONES : So moved . 11 MR . WEAVER : Second . 12 CHAIRMAN LINDBLOM : Moved and seconded . 13 Those in favor ? 14 ( A chorus of ayes . ) 15 CHAIRMAN LINDBLOM : Opposed ? 16 ( No response . ) 17 CHAIRMAN LINDBLOM : Motion passes . 18 ( Which were all the 19 proceedings had in the public i 20 hearing portion of the 21 meeting . ) 22 - - - 000 - - - i 23 24 I Depo • Court Reporting Service ( 630 ) 983 - 0030 i 10 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF LASALLE ) 3 I , Christine M . Vitosh , a Certified Shorthand i 4 Reporter , do hereby certify that I reported in i i 5 shorthand the proceedings had at the pubic hearing i 6 and that the foregoing , Pages 1 through 10 , 7 inclusive , is a true , correct and complete 8 computer - generated transcript of my shorthand 9 notes so taken at the time and place aforesaid . i 10 I further certify that my certificate annexed 11 hereto applies to the original transcript and 12 copies thereof , signed and certified under my hand 13 only . I assume no responsibility for the accuracy i i 14 of any reproduced copies not made under my control 15 or direction . 16 As certification thereof , I have hereunto set i 17 my hand this 29th day of July , A . D . , 2013 . i 18 19 20 Christine M . Vitosh , CSR Illinois CSR No . 084 - 002883 21 22 23 24 i Depo • Court Reporting Service ( 630 ) 983 - 0030 i 11 0 annexed [3) - 6: 12 , 3: 10, 3 : 14, 3 : 16, Director [11 - 2: 12 hereto ill - 10: 11 8:6, 10: 10 4: 10, 4 : 16, 7: 11 , 9:4, District [31 - 3:233 hereunto [l] - 10: 16 answer [l] - 8:23 9:7, 9: 12, 9: 15, 9: 17 3 :24, 7: 18 Highway [11 - 3:22 084-002883 [il - 10:20 application Ill - 3 : 19 charitable 11] - 7: 12 down [1] - 7: 19 Horton [11 - 6: 17 applies Ill - 10: 11 Charles Ill - 2 :5 drive [2] - 6:21 7: 24 Hotel [11 - 5: 8 approach [l] - 6:9 chorus [2] - 3 : 13, 9: 14 drive-through [11 - appropriate [1] - 8:2 Christine [21 - 10: 3, 7:24 1 [l] - 10: 6 approval Ill - 5: 19 10:20 Drugs [al - 5: 14 1 .5 - 4 :2 architecture ill - 6:6 CITY Ill - 1 :2 dryvit [11 - 5:21 artist's [�] - 5:24 City [a] - 3: 19, 3:23, IDOT [31 - 6:23, 7:2, 10 [2] - 1 : 14, 10:6 7:9 1107A [1 ] - 4:22 assume [l] - 10: 13 6: 105 6: 19, 7 : 1 , 7: 169 E attorney [2] - 4:231 7: 18 , 7:21 ILLINOIS [21 - 1 : 33 2 6: 13 city [6] - 6: 13, 7: 1 , 8:61 10: 1 awful [il - 8: 16 8:8, 8: 15, 8:22 end Ill - 5: 11 Illinois [7] - 1 : 11 , 3:200 aye [11 - 3: 12 City's [q - 8:4 engineer [1] - 7: 1 4:4, 4:5, 4:23, 4:24, 2013 [2] - 1 : 14, 10: 17 ayes [2] - 3: 13, 9: 14 comments [1] - 9:5 engineering [1] - 8: 13 10:20 2013-05 [2] - 3:51 3: 17 Commission [11 - enter [i] - 3:4 immediately [31 - 4: 3, 24-hour [11 - 7:24 B 4: 19 entertain [11 - 9:8 5:75 8:3 29th [1] - 10: 17 COMMISSION [11 - excuse [11 - 4: 12 inclusive [l] - 10: 7 1 :5 exposure [l1 - 6: 3 Incorporated [1] - 3 B-2 [5] - 3:23, 7: 18, Community [11 - 2: 11 3: 18 7:21 , 7:22 , 8:4 complete [1] - 10: 7 F intersection [11 - 7:3 B-3 [21 - 3 :22 , 7: 19 Comprehensive [l] - 34 [21 - 5: 14, 6: 15 Baker [1] - 2:3 8:4 factors [l] - 6:21 baker Ill - 4: 17 computer [l] - 10:8 family - 1 4 BAKER [2] - 3:7, 4: 15 0 computer-generated Farm [i] - 1 :: 10 Jack [i] - 2:4 j Bank [i ] - 7: 14 behind [-] - 14 Ill 10.8 favor [2] - 3: 112 9 : 13 jacketing [1] - 6:5 consists [1] - 4: 1 47 [a] - 4:4, 5: 9, 6: 15, filed [i] - 3: 18 James [i] - 2:8 6:24, 7:3 bifurcated [11 - 6:9 contingent [ij - 7: 15 blessing i - 4: 14 finally [i] - 8:8 Jane [i ) - 2:7 g [ 1 contract ] - - 7: 14 First Ill - 6: 10 Jeff [l] - 2: 3 blown [l] - 8: 12 control [i] - 10: 14 6 first [1 ] - 7: 16 jobs Ill - 6 : 14 Bob [l] - 6: 15 copies [2) - 10: 12, following [i] - 3: 1 Jones [z] - 2:4, 3:6 I Body [1] - 3: 18 10: 14 60-some Ill - 6: 16 Bridge [2] - 4:35 4: 22 corners [q - 8:20 follows [i1 - 4:20 JONES [3] - 3:6, 3:9, bring ill - 7:2 correct [l ] - 10:7 foregoing [i ] - 10:6 9: 10 7 brought [i ] - 6: 16 Council [i] - 7:21 frankly [2] - 5:99 6: 18 July [z] - 1 : 14, 10: 17 j - building [4] - 5: 15, COUNTY [11 - 10:2 front [2] - 6:2, 6:5 5:20, 6: 5, 8: 11 County [4) 3:20, full [1] - 8: 12 K - 7:00 [1] - 1 : 15 Business [3] - 3:22, 3:22, 4 : 5, 7: 19 fully [i1 - 8 :21 3:24, 7: 18 county [l] 6: 12 Kendall [3] - 3:201 8 business [3] - 5:31 County's Ill - 3:22 G 3:21 , 4:5 5: 13 , 7:23 Crouch [1] - 2:6 kind [2] - 8:20, 9:5 800 [1] - 1 : 10 buying Ill - 7: 13 CSR [2] - 10:20 , 10:20 Game [1] - 1 : 10 Kramer [11 - 4:21 curb [1] - 6: 1 General Ill - 3:24 KRAMER [4] - 4: 12, A C - generally [l] - 4:2 4: 18 , 4 :21 , 7: 12 D generated [1] - 10:8 Kraupner Ill - 2:5 A. 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3: 17, 4: 8, 9:5, 9: 9, show ill - 8:9 10: 14 9: 19 side [2] - 5:81 7:5 unincorporated (1] - oath [i] - 4:7 sight [1] - 7: 16 3:21 occupant [1) - 5: 17 publications [l] - 9:2 signed [1] - 10: 12 UNITED [l] - 1 :2 OF [3) - 1 :2, 10: 1 , 10:2 signify Ill - 3: 12 United (z) - 3: 19, 3:23 old [1] - 5: 14 Q site [z) - 5: 19, 8:9 up [2) - 6: 14, 7:6 once ill - 8:7 small [1] - 5: 16 user Ill - 5: 12 one [4] - 6: 135 6: 16 , quarrel [1) - 8: 16 sole Ill - 5: 17 utilities Ill - 8: 17 6: 19, 6:21 questions [z] - 5:4, sounds [2) - 3:91 8: 14 j Depo • Court Reporting Service ( 630 ) 983 - 0030 Application For Rczoninu Rezoning Standards Please state the existing zoning classification(s)and uses of the property within the general area of the proposed rezoned property: The zoning classifications are mix of classes surrounding the subject property. To immediate west is open space for the Beecher Center where the United City of Yorkville has numerous athletic fields adjoining the property. To the east it is a mix of B-3 and Multi-Family Residential with duplex use and limited commercial use for a retail shop and hair salon. To the south and north it is a mix of business use zonings for heavier commercial uses and destination business uses such as a travel agency, dentist office and hotel. Most of the uses surrounding us are heavy or more intense uses in terms of number of trips in and out of those locations. Please state the trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification: The trend of development in the area is for destination type business and office use located adjacent to State Route 47 which is a heavily traveled commercial highway. Please state the extent to which property values are diminished by the particular zoning restrictions: the property is totally unsuitable for its County Zoning at this time because it is not served by municipal services and has remained undeveloped for a period in excess of 33 years. The proposed use would bring valuable tax revenue to all of the local taxing districts and provide an end user that is a destination type user not significantly impacting the traffic flow on Route 47 in any fashion and would provide the visability needed for the health care business. Please state the extent to which the destruction of property values of plaintiff promotes the health, safety, morals,and general welfare of the public: The proposed zoning would promote public values in that it would provide a medical facility to the community, provide an aesthetically pleasing building with a residential look for residents of the City and pass-through traffic as well as making a valuable use of a property that fronts on a heavily traveled commercial highway. 8 Applicatioti For Rezoning Rezoning Standards Please state the relative gain to the public as compared to the hardship imposed upon the individual property owner: We believe the gain to the public as a whole and the local taxing bodies would be every bit as equal to that to the property applicant. Please state the suitability of the subject property for the zoned purposes: The property again having not had adequate service to municipal water and sewer in the past has remained undeveloped because of those deficiencies. Annexing and Zoning to the United City of Yorkville would cure those deficiencies. Please state the length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property: The property has been vacant for a period in excess of 30 years and lying fallow in the sense that it has not been farmed and has had no productive use whatsoever other than to grow weeds. Please state the community need for the proposed land use: There is always a community need for medical services. The applicant who seeks to both purchase the property, annex it and zone it within the the City currently is in business in the United City of Yorkville but would would like to become a property owner rather than a rentor, which they feel would enhance and expand their business. 9 Rezonin- Standards With respect to the subject property,please state the care with which the community has undertaken to plan its land use development: The United City of Yorkville has evidence through prior zonings and encouragement of destination businesses along Route 47 a trend to develop these under-utilized properties, and take advantage of the heavy traffic count on Illinois State Route 47. Please state the impact that such reclassification will have upon traffic and traffic conditions on said routes; the effect, if any,such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes (Ord. 1976-43, 11-4-1976): None Attachments Applicant must attach a legal description of the property to this application and title it as "Exhibit A". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute_ Attach a separate list to this application and title it as"Exhibit 13". 10 I verify that all the infortation in this application is true to the best of my knakdedge. I understand and accept all requirements and 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. I understand all of the information presented in this document and understand that if an application becomes dorntant it is through my own fault and I must therefore follow the requirements outlined above. J Applicant Signature Date on - 3 Y ea a Y a eover;INC Aut prized A gernt THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN T}ffi SPACE BELOW: "OFFICIAL SEAL COLLEEN HANSpN NOTARY PUBLIC,STATE f?F MY COMMISSI©N EXPIRES ILLINOIS 1 2012015 �nn"J ]1