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Plan Commission Minutes 1991 01-16-91 MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT THE KENDALL COUNTY BOARD ROOM JANUARY 16, 1991 7:00 P.M. The January meeting of the Plan Commission was called to order by Chairman Harold Feltz with the following members in attendance: Harold Feltz, George Stewart, Clarence Holdiman, Don Ament, Sandra Adams, Anne Lucietto (7:10) , Gail Digate (7:20) Absent: Larry Langland, Tom Lindbloom, Kevin Collman, Louis Nauman, Ken Johnson Others present: Mayor Davidson, Atty. Tom Grant, Fran Klaas, and others listed on the sign-in sheet on file with the minutes. The minutes from the December meeting were approved as presented. The motion was given by Sandy Adams; the second by Don Ament. The first order of business was the final plat of the Cimarron Ridge Subdivision - Atty. Tom Grant presented the updated version of the plat to the members of the Commission. Atty. Grant noted that the issues and concerns voiced at the December meeting had been addressed as follows: 1. Flood plain -- now shown on the plat. 2. Regarding street specs -- engineering is now being reviewed. The following changes are being requested: they do not want to have to put in any subdi- vision improvements wouth of Independence Blvd. but will dedicate it; the same is being requested along the northerly line of lot #11. Fran Klaas thought that this could cause future problems since Cannonball was planned as one of the major north/south roads. Atty. Grant said that the Conovers would agree to extend the sewer to the south property line, but not curbs, gutters, or water lines. Chairman Feltz expressed concern over setting a precedent, but said that he would look to the City Engineer's opinion. There was also a problem with who would be responsible for paying for the 150' at the actual time improvements were put in. Fran Klaas noted that it has been customary for the developer to gbsorb the cost of required off site development. Atty. Grant said that he did not see a problem with having the future developer absorb such costs since it was specifically stated on the plat. George Stewart expressed concern with how far the curb would extend and with the care of a resulting vacant area; he suggested the possibility of setting a time limitation on who would actually absorb the costs of putting in improvements; perhaps a ten year agreement -- if no one does anything with the property for ten years, it becomes an off site develop- ment cost; anything prior to that period, Conovers would accept cost responsibility. 3. Rt. 34 right-of-way -- the County now has aedication grant. 4. Pond agreement -- maintenance agreement is finished. 5. "T" turn around at Cannonball -- resolved as discussed above. 6. Copy of plat of annexation -- provided for Mr. Clarage JANUARY PLAN COMMISSION MINUTES PAGE 2 7. Duplex agreement -- requested language has been added. Atty. Grant requested that the reference to the zoning classification be eliminated. It was stated that this could be misinterpreted. Plan Commission members agreed. 8. The 10' utility and the no access strip is shown as requested. Regarding the comments from Mr. Clarage at the December meeting, concerns were addressed as follows: 1. Pond -- the agreement to be recorded will define the triangular detention pond area, including the pond and the 20' easement that is off site. 2. The engineers certificate on drainage as well as the owners certificate is provided. 3. Regarding street width on either end of Independence --this was explained as an angular measurement. 4. Regarding utility easements -- the utility company won't do anything with the plat until it has been recorded. At that tithe any necessary changes will be granted. Fran Klaas asked about dedicating the 10' utility easement solely to the City of Yorkville to give the City more control. Mr. Javorik said that calling it a City Easement was the common language ush?d. Atty. Grant and Fran Klaas will discuss and work out suitably. Also discussed was advantage to numbering lots sequentially rather than repeating in separate blocks; options were considered and it was decided to leave it as is. Atty. Grant asked te.commendati=:, to approve subject to final revisions with the City Engineer. Mayor Davidson added that the intersection of Rt. 34 & Cannonball would be fully improved with turn lanes and stop & go lights; he further noted that the pond agreement would be reviewed by Atty. Kramer. George Stewart mad the following motion: Recommend the approval of the final plat of the Cimarron Ridge Subdivision with the stipulation added that the end of Cannonball be the developers responsibility for ten years; and that the drainage easement/retention pond easement agreement and maintenance agreement be reviewed by the City Attorney; it is acceptable to have the zoning indications removed on the final plat. The second was given by Don Ament. Roll call vote carried as follows: Holdiman - yes Ament - yes Adams - yes Digate -yes Lncietto --yes_ Feltz - yes Stewart - yes The regular meeting of the Plan Commission was adjourned ht 7:40 to conduct the two Public Hearings scheduled. PUBLIC HEARING ---: _Petition to Rezone & Reclassify from R-2 to R-3 by Gregory & Patricia Huber - 103 E. Orange St. Atty. Grant presented the certified mail receipts evidencing notice of the Public Hearing sent to some of the adjacent owners. It was explained that the request JANUARY PLAN COMMISSION MINUTES PAGE 3 included a variation in lot size from 9000 down to 8556 sq. ft. and a variation in lot width at the building line from 70 ft. down to 64 ft. Atty. Grant presented a layout of the building and introduced a letter from Gerald Lewis, property owner directly behind the lot in question, stating that he had no objection to the zoning change provided that the property owner of the duplex provide and maintain a buffer of evergreen trees to limit the view and provide privacy for both parties. (original letter on file with the minutes) . The Zoning Board of Appeals met on this issue but did not have a quorum present for voting purposes; however, it was noted that the opinion was given that had there been a quorum the project would have been approved. There was no one present wishing to speak on the proposed rezoning; Chairman Feltz closed the Public Hearing. PUBLIC HEARING ---- Petition to Annex & Zone to R-2 by Theodore R. & Jerilyn I.. Shier;.- N/E Corner of Martin Ave. & McHugh Rd. Atty. Grant presented the petition and presented the service list with the notice to adjoining property owners. The petitioner is asking for annexation and R-2 zoning to permit the eventual construction of a single family residence on the property. Comments were heard from citizens present: 1. Ed Koper -- concerned that this annexation could cause forced annexation of his property. Chairman Feltz answered that it has not been policy to force annexation on individual home owners. (Mr. Koper owns the property adjacent to the lot in question facing McHugh Rd. ) Mayor Davidson explained that the improvements were being brought -L-_- in to allow for future potential. He also verified that the zoning being asked for is R-2; one lot, one residence only. 2. Question on where city limits sbop was asked -- Atty. Grant said that the provision is that when property is annexed it must come in to the far side of the roadway. Thus, the city Limits would be right up against the property line. 3. Questions were raised as to snow plowing, etc. , when a combination of responsibility for the streets in the same area exists. 4. June Davis -- asked whether or not all surrounding land owners were to be notified; Atty. Grant explained. Hearing no further discussion, Chairman Feltz closed the Public Hearing. The Plan Commission meeting resumed at 8:05 p.m. PC91-1 -- Petition to Rezone & Reclassify from R-2 to R-3 by Gregory & Patricia Huber - 103 E. Orange St. Atty. Grant asked that his comments from the Public Hearing be incorporated into the regular meeting. Chairman Feltz asked for any additional comments or questions. JANUARY PLAN COMMISSION MINUTES page 4 It was noted that there had been no objections heard at the Public Hearing; also sewer and water run directly by the property. George Stewart asked about the zoning class; it was agreed that this would not fit the new R-21) classification for duplex structures but was also noted that this property is in the older section of town and being a single lot only, the best use of the land needed to be con- sidered. It would also fit into the transitional type zoning plan with business property on one side and residential on the other. Don Ament made the motion to recommend the approvial of rezoning and reclassifi- cation from R-2 to R-3 by Gregory & Patricia Huber at 103 E. Orange St. The second was given by Anne Lucietto. Roll Call vote carried as follows: Adams - yes Digate - yes Lucietto - yes Feltz - yes Stewart - yes Holdiman - yes Ament - yes PC91-2 -- Petition to Annex & Zone to R-2 by Theodore R. & Jerilyn I. Shick - N/E Corner of Martin Ave. & McHugh Rd. Don Ament asked where the sewer and water was now with respect to the lot in question. Fran Klaas said it was 6-800' south of Martin. When Prairie Lands is finished, the sewer,::storm sewer, and water will be stubbed on the east side of McHugh Rd. Mayor Davidson proposed that the city protect its interest as far as the property being annexed also be subject to hooking up (not being able to take advantage of the 250' limitation for hook-up) . Also discussed was the possibility that a water problem exists on the lot; Fran Klaas recommended that at least the storm sewer be there before any building takes place. George Stewart made the motion to recommend approval of the annexation and zoning of the N/E Corner of Martin Ave. and McHugh Rd. ; conditional with the City utilities being at that site before the site is improved. The second was given by Gail Digate. Roll Call vote carried as follows: Ament - yes Adams - yes Digate - yes Lucietto - yes Feltz - yes Stewart - yes Holdiman - yes The motion to adjourn was made by Gail Digate; the second given by Sandy Adams. Meeting adjourned at 8:45 P.M. Joanne M. 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