Plan Commission Minutes 1991 11-20-91 MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF
THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS
HELD AT THE KENDALL COUNTY BOARD ROOM
NOVEMBER 20, 1991 7:00 P.M.
The November 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,
Kevin Collman, Bob Davidson
Absent: Clarence Holdiman, Gail Digate, Tom Lindbloom, Anne Lucietto,
Louis Nauman
Others present: James Clarage, Atty. Tom Grant, Atty Tim McCann,
Don Peck, Alderman Bill Baird, petitioner Kathleen Harthan
The first order of business was the Public Hearing on the petition to annex and
rezone the property at 9675 ABC, Rte. 34 (Kathleen Harthan)
PUBLIC HEARING -- PC91-19
The Public Hearing was opened with the swearing in of anyone wishing to offer
comments on the above petition. Atty. Grant presented the petition. The property
is located at the northeast corner of Rts 34 & 47. The building presently houses
Rosebud Florist, Kendall Printing and the building to the right is Los Rios.
Proof of notification of adjacent property owners was presented; the only one not
received back was from Aurora Fast Foods, owner of property behind Hardee's and
Burger King.
The annexation is agreeable to the City plan to annex improved properties along the
edges of the City limits. The petitioner desires to have B-3 zoning to allow the
operation of present businesses. Annexation is requested to allow the petitioner
the advantage of City water and sewer. Subsequent to the filing of the petition,
some problems were experienced with the water and the property is now serviced with
City water.
The zoning requested is comparable to the present County zoning. Chairman Feltz
asked for comments from the public; hearing none, the Public Hearing was closed
and the Plan Commission meeting resumed.
PC91-15 RE-HEAR ANNEXATION & REZONE NE CORNER RTE. 34 AT CANNONBALL
This petition has been withdrawn from the agenda. Related issues are being handled
by the attorneys. If the petitioners so desire, they will be scheduled on the
December agenda.
PC91-17 FINAL PLAT - MYERS SUBDIVISION
Jim Olson presented the final plat on the Myers subsivision. It was noted that
the easement for utilities along front was provided as well as the clause for
annexation when adjacent. Curb cuts are limited to one per lot.
NOVEMBER PLAN COMMISSION MINUTES PAGE 2
Bob Davidson questioned the advisability of a lift station. He thought perhaps
a sewer easement along the river for forced main should be considered. At some
point the sewage would have to picked up and directed back toward the sanitary
plant. Jim Olson pointed out problems with such an easement due to the terrain
of the land. Kevin Collman agreed that the sewer should stay on top because of
the terrain. George Stewart said the original plan should stand.
Discussion followed on the possibility of providing a 30' easement instead of
the present 20' easement. Plan commission members Langland and Stewart noted
that the approval was given on the preliminary plat and that consideration should
have been given to problems now under discussion prior to that approval. It was
further stated that if the additional easement was really a prime consideration,
it could be incorporated into the motion.
Bob Davidson made the motion to recommend approval of the final plat of the Myers
subdivision as presented. Kevin Collman gave the second. Roll call vote carried
as follows:
Ament - yes Langland - yes Adams - yes Coltman - yes
Davidson - no Feltz - yes Stewart - yes
The motion was carried with one negative vote with that member wanting to see
an additional easement for sewer along the river.
PC91-19 ANNEXATION & REZONE PETITION 9675 ABC, RTE. 34 (KATHLEEN HARTHAN)
Atty. Grant asked that his comments from the Public Hearing be incorporated into
this discussion and the Plan Commission recommend the approval of the annexation
and rezoning request.
Bob Davidson asked about a recapture fee agreement; Atty. Grant stated that at
the present time, there was none.
Larry Langland asked Don Peck if the City approved the annexation. Mr. Peck
stated that it was acceptable as presented. Kevin Collman asked if the property
had been annexed to the Sanitary District. Atty. Grant said that he had asked
Ralph Pfister to check on that, but that Kathy Harthan did have the permit.
Larry Langland made the motion to recommend to the City the approval of the
annexation and rezoning to B-3 of the property at 9675 ABC, Rte. 34. Don Ament
gave the second. Roll call vote carried as follows:
Stewart - yes Ament - yes Langland - yes Adams - yes
Collman - yes Davidson - yes Feltz - yes Stewart - yes
DISCUSSION OF THE COMPREHENSIVE PLAN
Mr. Clarage presented aform that must be filled out and submitted to the state by
each developer on any subdivision or rezoning action. The form is for the Illinois
Dept. of Conservation. Its purpose is to give the state a chance to review,
consult and advise on certain things that the state would like to see. It does not
mean that the state has the right to impose anything on the developer. However, the
NOVEMBER PLAN COMMISSION MINUTES PAGE 3
form does have to be filled out. It was noted that rezoning requests for land
currently zoned, developed or used in its entirety for commercial, industrial or
residential purposes are exempt from this process. He further noted that the
issuance of building and zoning use permits and other non-discretionary decisions
by administrative officials are also exempt from the consultation process.
Approval of PUD's, conditional or special use permits, and preliminary and final
subdivision plans are subject to this review process.
Mr. Clarage recommended that the forms be given to the City and given to petitioners
for completion. He further suggested that the Plan Commission ask for the forms
when the petition is under discussion. The purpose of the form is to assist the
state in recommendations for conservation purposes.
Bob Davidson asked that the Asst. City Attorney give his comments on the issue
of PC91-15. Comments are as follows:
1. Unrecorded covenants are untested legal matters.
2. The opinion reached by Atty. Kramer and Atty. McCann was to recommend
that the City let the parties involved work it out or have them go to
court and have a decision reached on the matter.
3. The petitioner's attorney has asked for it to be tabled. If he comes
back within a month, then the Plan Commission could act on it and pass
on to Council. However, it would be better to let it sit until settled
rather than put the pressure on the City.
The main issue is with the fact that the document was never recorded. The Plan
Commission members agree that it is important to get the issue resolved before
any recommendation is made.
Regarding the Comprehensive Plan, the flood plain/wetland maps will be done for
the next meeting. These are necessary to see where the specific sensitive areas
are located and will help to position commercial and industrial areas.
With the completion of the above, Mr. Clarage can request various studies to be
done by the City to be used in conjunction with ideas for the Comprehensive Plan.
This would include issues related to water and sewer extension.
Mr. Clarage requested that the Plan Commission members study the maps provided
and come back to the next meeting with ideas.
Bob Davidson asked if the City could provide an update of the Plan Commission
agenda summary. The importance of this document was stressed; it should be updated
annually. Let the minutes reflect this request; an update is to be provided as
soon as possible.
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NOVEMBER PLAN COMMISSION MINUTES page 4
Mr. Davidson also asked about the Bazan situation. Larry Langland commented that
the County would handle. Mr. Davidson also had the following question to be asked
of the City attorney: if a zoning change has been voted on by the Plan Commission
and the City but is not recorded at the County level, then where does it stand?
Example; the Ron Cobb developement-- voting approved, but it was never finalized. .
Mr. Clarage said a zoning certificate should be issued. This must be recorded
so it shows up on title reports, etc. Mr. Peck will look up the petition
referred to and verify what happended. He further stated that it was the
responsibility of the City to see that no occupancy permits be issued until
the zoning requirements are satisfied.
After further discussion on the topic, George Stewart made the motion to recommend
that the City Council instruct the City Clerk record all changes in zoning and
annexation and issue the proper notification to the proper people. The second
was given by Bob Davidson. Voice vote carried.
Mr. Davidson again requested that the summary of the Plan Commission meetings
agenda petitions be prepared for each member of the Commission. Alderman Baird
asked about the impact fees and about a joint meeting between the City Council
and the Plan Commission members. Mr. Clarage suggested that Alderman Baird get
a packet of fees put together for the Commission members. The school transition
fee is the main issue.
The motion to adjourn the meeting was made by Bob Davidson; the second was
given by George Stewart. Meeting adjourned at approximately 8:15 P.M.
Joanne M. Ellertson, Recording Secretary