Plan Commission Minutes 2015 08-12-15Page 1 of 4
APPROVED 9/9/15
UNITED CITY OF YORKVILLE
PLAN COMMISSION
City Council Chambers
Wednesday, August 12, 2015 7:00pm
Commission Members in Attendance
Chairman Randy Harker Reagan Flavin-Goins
Richard Vinyard Deb Horaz
Michael Crouch
Absent: Chuck Galmarini, Charles Kraupner, James Weaver, Jack Jones has resigned
City Staff
Krysti Barksdale-Noble, Community Development Director
Mr. Chris Heinen, City Planner
Kurt Muth, EEI
Alderman Chris Funkhouser
Other Guests
Christine Vitosh, Court Reporter Lexie Funkhouser
Mark Daniel, Attorney Anthony DiMauro, Lee Fry Co.
Lee Fry, Lee Fry Co. Todd Roberts, MeritCorp.
Gary Kritzberg Maria Arzadan Mercado, Sunflower Estates
Meeting Called to Order
Chairman Randy Harker called the meeting to order at 7:00pm.
Roll Call
Roll call was taken and a quorum was established.
Minutes July 8, 2015
The minutes were approved as presented on a motion by Ms. Goins and second by Mr.
Crouch.
Roll call: Horaz-yes, Goins-yes, Vinyard-yes, Crouch-yes, Harker-yes Passed 5-0.
Citizen’s Comments None
Public Hearings
Chairman Harker swore in those who would give testimony and explained the procedure
for the Public Hearing.
At 7:04pm a motion was made by Crouch and seconded by Horaz to close the regular
meeting and open the Public Hearing.
Roll call: Goins-yes, Vinyard-yes, Crouch-yes, Horaz-yes, Harker-yes. Passed 5-0.
Page 2 of 4
1. PC 2015-11 Hari Development Yorkville, LLC, petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois,
requesting special use permit approvals for fuel station and authorization for
a Planned Unit Development. The purpose of the request is to resubdivide
an existing lot within the Fountainview Subdivision to allow for a proposed
new drive-through retail building with outdoor seating and a mixed use retail
building intended to include a gasoline/fuel service station with a convenience
store and restaurant in a single unit, as well as a coffee shop, restaurant or
tavern-lounge with a video gaming operation in a second unit. Deviations
from the City's Zoning Ordinance requested are related to building and
parking setbacks, signage location and landscaping. The real property is
generally located at the northeast corner of Fountainview Drive and S.
Bridge Street (IL Route 47) in Yorkville, Illinois.
(See Court Reporters's Transcript)
At 7:34pm a motion was made by Crouch and seconded by Vinyard to close the Public
Hearing and resume the regular meeting.
Roll call: Goins-yes, Vinyard-yes, Crouch-yes, Horaz-yes, Harker-yes. Passed 5-0.
Old Business: None
New Business:
1. PC 2015-13 Hari Development special use PUD (see #1 above)
Ms. Noble summarized the 4 areas of relief requested including setbacks, signage,
material standards and landscaping. She then detailed the five conditions required by
staff: special engineering review, approval of the right in/right out IDOT permit, truck
turning points, reduction of parkway trees and video gaming which will require a separate
gaming license from the State and City.
Mr. Crouch asked about the “for sale” sign on the property which is a contingency.
Regarding the egress, Ms. Goins asked if there was any concern regarding trucks and cars
sharing a private drive. Attorney Daniel answered their only possible concern was those
vehicles waiting for the other to make a turn.
The standards for a special use request were read by Chairman Harker and the Board
answered verbally for each standard. Mr. Crouch then moved to approve the Finding of
Facts and Ms. Goins seconded the motion.
Roll call: Vinyard-yes, Crouch-yes, Horaz-yes, Goins-yes, Harker-yes. Passed 5-0.
Action Item
Special Use and Planned Unit Development
Mr. Crouch moved to approve the Special Use and PUD modification as follows with a
second by Ms. Horaz: In consideration of testimony presented during a Public Hearing
on August 12, 2015 and approval of the Finding of Facts, the Plan Commission
recommends approval to the City Council of a request for Special Use authorization to
modify an existing Planned Unit Development (PUD) of the Fountainview Plaza
development subject to the conditions enumerated in a staff memorandum dated
Page 3 of 4
August 6, 2015 and illustrated in a Preliminary and Final PUD Plan prepared by
MeritCorp dated 6-26-15 and last revised 7-30-15 and further subject to engineering and
staff comments and all other applicable material.
Roll call: Vinyard-yes, Crouch-yes, Horaz-yes, Goins-yes, Harker-yes, Passed 5-0.
A second motion was made as follows by Mr. Crouch and seconded by Ms. Goins for
approval of the Special Use for Fuel/Gasoline Service Station and Tavern: In
consideration of testimony presented during a Public Hearing on August 12, 2015 and
approval of the Finding of Facts, the Plan Commission recommends approval to the City
Council of a request for Special Use authorization for a fuel/gasoline service station and
tavern to be located on the Fountainview Plaza development subject to the conditions
enumerated in a staff memorandum dated August 6, 2015 and illustrated in a Preliminary
and Final PUD Plan prepared by MeritCorp dated 6-26-15 and last revised 7-30-15 and
further subject to any engineering or staff comments, et al.
Roll call: Crouch-yes, Horaz-no, Goins-yes, Vinyard-yes, Harker-yes. Passed 4-1.
2. PC 2015-12 Hari Development, Yorkville, LLC, petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois
requesting final plat approval for the Fountainview Plaza Subdivision. The
purpose of the request is to resubdivide an existing lot within the
Fountainview Subdivision to allow for a proposed new drive-through retail
building with outdoor seating and a mixed use retail building intended to
include a gasoline/fuel service station with a convenience store and
restaurant in a single unit, as well as a coffee shop, restaurant or tavern-
lounge with a video gaming operation in a second unit. The real property is
generally located at the northeast corner of Fountainvew Drive and S. Bridge
Street (IL. Route 47) in Yorkville, Illinois.
The final plat was presented and it was noted that documents originally needed for the
2008 approvals were being worked on with consideration for easements and maintenance.
The unresolved issues are part of an amended annexation agreement according to Ms.
Noble and will be reviewed by City Council.
Action Item
Final Plat Approval
Mr. Crouch moved to approve the Final Plat with the following motion: The Plan
Commission recommends approval to the City Council of a request for Final Plat of
Subdivision of the Fountainview Plaza of Yorkville subject to final engineering approval
as enumerated in a letter from Engineering Enterprise Incorporated dated July 20, 2015
and illustrated in a plan prepared by MeritCorp dated 6-26-15 and last revised 7-30-15
and further subject to resolution of all outstanding issues being resolved by City Council.
It was seconded by Mr. Vinyard.
Roll call: Horaz-yes, Goins-yes, Vinyard-yes, Crouch-yes, Harker-yes. Passed 5-0.
3. PC 2015-14 Gary Kritzberg, petitioner has filed an application with Kendall
County seeking a variance to construct a garage structure that will be located
wtihin the 50' front yard setback. The property is located at 1211 Game
Farm Road.
Page 4 of 4
Mr. Heinen said this is a 1.5 mile review and comments will be forwarded to City
Council and then Kendall County. The original request was a reduction from 50 feet to 6
feet, but has since been revised from a 50 feet to 30 feet reduction. Staff evaluated and
supports the 30 feet reduction. An additional curb cut was also requested onto Game
Farm Road, however, the City Engineer and Public Works would not support that as the
petitioner already has two.
Mr. Kritzberg said he wishes to build a garage/game room structure accessible to him.
He said that originally there was a curb cut at that location and the County assured him he
would have one. He said this part of his property is now landlocked and not accessible to
him without adding a long driveway through the middle of his property. He said his
property is 2 lots with one tax bill and Ms. Noble said the County considers the property
as one parcel. It was noted the proposed garage location was moved farther south in
response to the County's request. Mr. Kritzberg said some of the other locations looked
at for the garage had utilities running through them.
In summary, the County will vote on the setback. But even with County setback
approval, Ms. Noble said the City has no obligation to approve the curb cut. She pointed
out there was no actual curb cut before, but there was an access to the property. Ms.
Horaz asked why the accessibility could not be given again. Engineer Muth said an effort
is made to limit access points. In defense of the access, Mr. Crouch said it would be at
the top of the hill, there are no visual problems, it's not too close to the intersection and
he asked why there could not be a curb cut. He added that Mr. Kritzberg was there
before the curb cut and why not grant it. Ms. Noble said that if the property was
subdivided, a curb cut would be needed. Also commenting, Mr. Harker said the access is
not for a commercial site and there is no increase of traffic. There was a consensus that
approved the proposed setback reduction and this will go before the Council on August
25th. It will also be noted that the Plan Commission is not opposed to the additional curb
cut. Mr. Kritzberg said he is concerned that the engineering department and planners are
opposed to the curb cut.
Additional Business
City Council Action Update:
a. PC 2015-09 Terry Richards, rezoning approval
b. PC 2015-10 Terry Richards, special use for public storage facility
Both requests were unanimously approved by City Council.
In another matter, Mr. Heinen said a resignation notice was received from Commissioner
Jack Jones.
Adjournment
There was no further business and the meeting was adjourned at 8:18pm on a motion by
Crouch and second by Horaz.
Roll call: Goins-yes, Vinyard-yes, Crouch-yes, Horaz-yes, Harker-yes. Passed 5-0.
Respectfully transcribed by
Marlys Young, Minute Taker