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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 PC91-15 RE-HEAR ANNEXATION & REZONE NE CORNER RTE. 34 AT CANNONBALL This petition has been withdrawn from the agenda.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. r a 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