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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