Plan Commission Minutes 1991 10-16-91 r •
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MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF
THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS
HELD AT THE KENDALL COUNTY BOARD ROOM
OCTOBER 16, 1991 7:00 P.M.
The October meeting of the Plan Commission was called to order by Chairman Harold
Feltz with the following members in attendance:
Harold Feltz, George Stewart, Don Ament, Larry Langland, Sandra Adams,
Gail Digate, Bob Davidson, Tom Lindbloom (Mr. Lindbloom had to leave at
7:30 p.m. )
Absent: Clarence Holdiman, Kevin Collman, Anne Lucietto, Louis Nauman
Others Present: Alderman Gary Bown, James Clarage, James Olson,
Atty. Tom Grant, and those citizens wishing to be
heard at the Public Hearing.
The minutes from the August meeting were presented for approval. Larry Langland
made the motion to accept as written; Sandy Adams gave the second. Voice vote
carried the motion.
The first order of business was the Public Hearing on the annexation & rezoning
of the northeast corner of Route 34 at Cannonball. Chairman Feltz asked those
individuals wishing to be heard during the hearing to be sworn in. (PC91-15)
Atty. Tom Grant presented the evidence of notice to adjacent owners and return
receipts to be filed with minutes. He presented an exhibit of the property in
question and of the Cimarron Ridge Subdivision located across the street. He
also gave a background of the property; a petition for development of the property
for residential purposes was first presented in 1987. Various problems were
encountered over the next two years related mainly to the roadway. The project
was halted in 1989, approximately the same time as the County purchased the jail
site property. At the time, the Conovers determined to annex, zone and subdivide
the property between the then City limits and the jail site.
The property is presently zoned R-3 County; they are having difficulty selling
the property with this zoning. It is his opinion that this property can only be
sold if it is annexed into the City. Various zoning classifications were explored
it does not appear that it would work as multi-family, nor would duplex be good
considering that the property backs up onto Rt. 34. They have chosen the least
dense business of office zoning. They feel that use would be appropriate and
restrictions tight enough to insure best land use. Residential does not fit in
with respect to what is happening around the property.
Atty. Paul Bedkin asked Atty. Grant to explain why the property could not be
developed as residential. Atty. Grant noted that in 1988 they were close to
developing within the County, but the roadway situation (specifically Hickory Lane)
gave opposition to the project. Atty. Grant also noted that the property was zoned
business by the County prior to 1975, but because it was not in business use, it
reverted back to residential use.
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OCTOBER PLAN COMMISSION MINUTES PAGE 2
Atty. Bedkin (representing the Vollendorfs, owners of adjacent property) presented
a document of an agreement between his clients and Delphine Cimaglia which spelled
out that the property would be held for residential purposes. He further stated
that they could not disagree with the annexation request, but can oppose any
other use. The noted agreement is effective for 25 years from the time of
inception. (Document on file with the minutes)
Martha Price asked to be heard. She stated that zoning & platting were approved
for residential lots 2-1/2 years ago and presented the following points:
1. How many times were the adjacent owners going to be faced with
attempts to change zoning?
2. Why has the realty firm been allowed to have a commercial sign on
the property and why are they allowed to tell people it is already
so zoned?
3. How would the members of the Commission feel about it if they were
faced with the same situation?
Chairman Feltz asked if there were any further comments; hearing none, he closed
the Public Hearing. The regular Plan Commision then resumed.
PC91-15 ANNEX & REZONE NORTHEAST CORNER OF ROUTE 34 AT CANNONBALL
Atty. Grant asked that his comments from the Public Hearing be incorporated into
the minutes of the regular meeting.
Bob Davidson expressed concern with the Commission being in the middle of a legal
disagreement regarding the. document presented. He suggested ruling on the annexation
only and not proceeding further when the civil issue was settled. After discussion
with Atty. Grant and Jim Clarage it was suggested that a thirty day time limitation
be put in place for the petitioner to come back.
Mr. Davidson made the motion to table the petition for thirty days to give the
parties involved an opportunity to settle the matter of the agreement and to give
the Plan Commission members an opportunity to consult with the City Attorney relative
to the same. The second was given by Sandy Adams. Roll call carried as follows:
Ament - yes Langland - yes Adams - yes Digate - yes
Lindbloom - yes Davidson - yes Feltz - yes Stewart - yes
PC91-16 RE-SUBDIVISION LOT 18 PONDEROSA, OSWEGO TOWNSHIP
Jim Olson described the property as the large lot on the southwest corner of Van
Emmon Rd. and Rt. 71; it is about 3-1/2 acres and the request is to divide into
two lots. There would be a shared driveway entrance. He noted that various
questions on soil, septic, water were satisfactorily answered. (Concerns voiced
by ZPAC) .
Jim Clarage asked if they had considered an additional pond drainage easement
in consideration of the tile field and mechanical system. He further noted that
a pond easement should be shown on the plat.
OCTOBER PLAN COMMISSION MINUTES PAGE 3
Jim Olson stated that the maintenance of the pond should also be mentioned in the
covenants.
Chairman Feltz noted that the condition of annexation when adjacent be included.
Bob Davidson questioned the numbering system of the lots. He noted past confusion
related to using repetitive numbers for different phases of development. He
suggested using #19 & #20 instead of Lot #1 & #2.
Chairman Feltz asked that easements for future sewer and water to be written to the
City of Yorkville. Jim Olson said they could make the easement 201 .
Comments of the Plan Commission relative to this petition were summarized as follows:
1. Pond easement.
2. Lot numbering system revision.
3. Add nomenclature specifying annexation when adjacent to the City.
4. Easement for sewer and water hook.-up for the City of Yorkville.
5. Consultation with the County Highway Superintendent regarding an
additional easement for future road widening.
Larry Langland made the motion to recommend approval of the re-subdivision of
lot #18 of Ponderosa subject to the consideration of the items listed above. The
second was given by Don Ament. Roll call carried as follows:
Langland - yes Adams - yes Digate - yes Davidson - yes
Feltz - yes Stewart - yes Ament - yes
PC91-17 KENDALL COUNTY, PRELIMINARY PLAT, MYERS SUBDIVISION (W. RI 'ER ROAD)
Jim Olson described the property as being on the south side of River Road, west of
the PNA property. It is presently zoned R-3. Lots would be over one acre; there
would be a 35' right-of-way on River Road. Two recommendations were made by ZPAC --
first, that mechanical systems be required; second, that there be only one road
cut per lot.
Mr. Olson noted that the annexation clause would be added as would the provision
for City utilities when annexed.
Jim Clarage noted a need for erosion control during development. Discussion followed
on the slope of the land and potential problems resulting from architectural plans
without consideration given to the terrain. Chairman Feltz asked that this kind
of comment should be included in the motion.
The motion to recommend approval of the preliminary plat of Myers Subdivision
subject to the following was made by Larry Langland: (1) City -- annexation when
adjacent clause and a 20' easement for hook-up to City utilities to be shown on
the plat; (2) County -- erosion control during construction and a review of the
architectural plans with respect to the slope of the land. The second was given
by Bob Davidson. Roll call carried as follows:
Stewart - yes Ament - yes Langland - yes Adams - yes
Digate - yes Davidson - no Feltz - yes
OCTOBER PLAN COMMISSION MINUTES PAGE 4
DISCUSSION ON THE COMPREHENSIVE PLAN
Jim Clarage presented a sample of the plan completed for Peotone which he thought
might compare somewhat to Yorkville. He noted that base maps for Yorkville had
been completed and now consideration to land use must be determined.
The Peotone plan gives consideration to creeks and other water courses that may
insure future open space use. Bands of these open spaces run through the community.
These recorded flood areas then proceed to areas of large lot size (5 acres plus) .
Thus long term recreation type areas are created.
Bob Davidson thought the flood plain idea held some merit for the north side of
Yorkville. Chairman Feltz said that a flood plain area should not be a determining
factor to lot size. He noted that having green areas was good, but also could become
a headache for maintenance.
Bob Davidson gave comments on the idea of a special zoning classification to be used
for annexing property for which specific zoning is not requested or approved. After
discussion, he made the motion as follows: to recommend that future annexations
be given "Ag" zoning unless specified as something else at the time of annexation.
The second was given by George Stewart.
Discussion followed on the importance of annexation, whether one or two classifications
are needed, and the option to annex as Ag on any plat. Alderman Bown said that the
City Attorney should be consulted regarding any legal implications. He also was
opposed to annexing land just for the sake of acquiring land without consideration
given to school, fire department, etc. , collectable fees. Bob Davidson & Harold
Feltz noted the importance of expanding City boundaries. This was agreed upon by
Larry Langland.
Bob Davidson amended his motion as follows: recommend to the City Council that a
new zoning classification be created; "A" - Ag classification in addition to the
existing R-1 or whatever zoning is being considering. Larry Langland seconded
the amendment. Roll call carried as follows:
Feltz - yes Stewart - yes Ament - yes Langland - yes
Adams - yes Davidson - yes
Further discussion followed on the northwest corner of Rt. 47 & Rt. 71. It was
suggested to delete automative and change to light/medium commercial, shopping
center, retail sales. Jim Clarage said all four corners should be changed, not just
one. It was also agreed that a green area along the Fox River in the flood plain
area might work. Mr. Clarage will continue work on the plan for the next meeting.
Meeting adjourned at 8:50 P.M. (Motion by Ament; second by Davidson)
Anne M. Ellertson, Recording Secretary
PLAN COMMISSION MEETING i
SIGN-IN SHEET
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