Plan Commission Minutes 1992 01-15-92 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 15, 1992
The January meeting of the Plan Commission was called to order by Bob Davidson,
chairing the meeting in the absence of Harold Feltz. The following members
were in attendance:
Bob Davidson, George Stewart, Clarence Holdiman, Sandra Adams,
Gail Digate, Kevin Collman, Anne Lucietto (7:10)
Absent: Harold Feltz, Don Ament, Larry Langland, Tom Lindbloom,
Louis Nauman
Others present: Atty. Tom Grant, City Administrator Don Peck,
Atty. Fred Dickson, and interested citizens as
listed on the sign-in sheet on file with the minutes.
PC91-20 -- "BED & BREAKFAST" (ADDITIONAL INFORMATION)
Atty. Tom Grant, representing Jerry Lynch, presented updated information on the
proposed facility. He stated that a letter had been sent to the neighbors
involved and to the members of the Plan Commission; this letter noted that the
rezoning was no longer being asked for, but instead the request was for special
use zoning for lot #12. The home is located entirely on lot #12 and no special
use would be asked for any part of lots #10 or #11.
Page 2 of the letter specified the restrictions placed on the facility. The
use for "Bed & Breakfast" would be limited to 2 bedrooms; parking would be
restricted to on site parking only. Atty. Grant requested that the letter, the
survey and exhibits attached be made a part of the record and that they be made
a part of the ordinance for special use when passed by the City Council.
On Jan. 9 a meeting with neighbors was held and Atty. Grant noted that there was
no opposition to the project once the zoning issue was settled.
Bob Davidson summarized the concerns of the Plan Commission that were brought up
at the December meeting:
1. R-3 special use zoning was a concern of the neighbors; they stated
that R-2 special use would be preferable.
2. They also wanted lot #12 only to have the special use; lots #10
& 11 would remain at the present zoning.
3. The home should not be added to; they wanted some assurance of
how many rooms would be involved.
Neighbor Suzanne Brady of 506 W. Ridge was given the opportunity to speak. She
maintains that this would be spot zoning of a commercial type and does not fit
within this residential area. She also felt that perhaps some of the neighbors
at the Jan. 9 meeting were reluctant to speak against the project.
George Stewart questioned what would happen if the home were to be sold. Bob
Davidson said that the project would be governed the same as a PUD; the special
use would apply only as long as the "Bed & Breakfast" remained in effect.
It was also noted that only one small sign would be placed in the front of property.
JANUARY PLAN COMMISSION MINUTES PAGE 2
George Stewart voiced opposition based on the existing ordinance governing
R-2 zoning. Kevin Collman was concerned with the location of the parking area
& whether it will be paved or gravel.
After further discussion, George Stewart made the motion to recommend the approval
of the "Bed & Breakfast" project as written subject to the following points:
1. The driveway/parking area be clarified and dedicated prior
to approval.
2. Once the property is sold and is no longer being used as a
"Bed & Breakfast" facility, the special use provision drops off.
3. Exhibits as presented by Atty. Grant are to be made a part of
the recommendation.
4. The approval is subject to all recommendations of the Plan Commission
stated at the December meeting.
5. The sign advertising the "Bed & "Breakfast" is to be of the proper
size (1-1/2' sq. ) in agreement with Section 10, Article A, Point 1
of the City guidelines.
6. The residence is to be owner occupied while in operation as the
proposed facility.
The second was given by Sandra Adams. Roll call vote carried 6-1 as follows:
Stewart - no Holdiman - yes Adams - yes Digate - yes
Coltman - yes Lucietto - yes Davidson - yes
PC92-1 -- VARIANCE REQUEST (AMENT) FOR EDIFICATION AND COMMENT ONLY
The matter that is before the Plan Commission at this meeting is not a variance
request. The request is the replatting of Block 10 of W.H. Hopkin's Addition
to Yorkville. Atty. Fred Dickson spoke on behalf of the petitioners. The
original plat was vacated involving lots 1, 2, 8, & 7. Properties were trans-
ferred and handled on a metes and bounds basis. At this time lot 7 has a house on
it; lot 2 is vacant; all others have been developed within the block.
Lot 7 was recently sold and upon surveying they found variances in the lot lines
that were different from what the residents thought them to be. It was eventually
agreed to place property lines along the occupation lines as much as possible.
The lots on the owners' resubdivision are 66' with a depth of generally 131' to 1361 .
This block is zoned R-2 as is typical in the older section of Yorkville. As R-2
the lots are non-conforming and should the residence be destroyed and need to be
rebuilt, a variance would first be required.
Therefore, two petitions have been filed: (1) owners' resubdivision -- the owners '
plat has been signed by all property owners as well as the new owners of the house
on lot #7; (2) a variance request was filed asking that the City Council grant a
variance on lots 2 & 7 to allow them as buildable lots. However, tonight's
issue is the replatting of the lots; essentially they want to put these lots
back the way they were -- 66' lots. All lots are owner occupied except #2. After
the survey the lot lines were established to be located as close as possible to
the point each owner thought they existed. All owners signed the resulting re-
subdivision.
JANUARY PLAN COMMISSION MINUTES PAGE 3
Attorney Leonard Stoecker, representing the neighbors in this matter, offered
the following comments:
1. Lot lines on the plat are close to lines of occupation and all are
in agreement with the replat. The owners want to protect the
boundary lines of the various properties. It was noted that the
metes and bounds system for establishing boundaries was not nearly
as accurate as with modern methods.
2. As far tonight's issue is concerned, the neighbors see no objection.
They would like to seethe replat approved so that the matter can
be settled. The variance issue will be addressed at the proper time.
Chairman Davidson asked the Plan Commission to make a motion to reclassify the
agenda to correctly state the petition:
PC-92-1 -- REPLAT OF THE OWNER'S RESUBDIVISION OF BLOCK 10 OF
W.H. HOPKIN'S ADDITION TO YORKVILLE, KENDALL COUNTY,
ILLINOIS.
George Stewart so moved, Gail Digate gave the second; voice vote carried. Bob
Davidson stated that if the petition is accepted that the Plan Commission would
be accepting in essence the entire subdivision with variances and would be re-
commending the same to the Council.
George Stewart made the motion to recommend the approval of the replat of the
owner's resubdivision of block 10 of W.H. Hopki 's addition to Yorkville as
platted and agreed upon by the existing owners. Gail Digate gave the second.
Discussion followed on the necessity of. creating a variance situation. Also, the
new owner of lot 7 stated his problem with getting title to the property until
the boundaries were properly defined. His further concern was with what might
happen if the existing residence was destroyed.
Roll call vote carried the motion 6-1 as follows:
Holdiman - yes Adams - yes Digate - yes Collman - no
Lucietto - yes Davidson - yes Stewart - yes
Before proceeding with the discussion on the comprehensive plan, the Chairman asked
for an approval of the December minutes. Sandra Adams made the motion to
approve the minutes as presented; Anne Lucietto gave the second; voice vote
carried. The Plan Commission meeting ended at 8:15 p.m. A brief recess was
taken before resuming with the joint discussion between the City Council and Plan
Commission members on the-Comprehensive Plan.
COMPREHENSIVE PLAN DISCUSSION
Council members present for the discussion included Bill Baird, Jack Jones, Pat
Clark, Mayor Ken Kittoe and City Administrator Don Peck.
Bob Davidson introduced the topic of AG zoning as a special class of zoning to
alleviate some of the existing problems with annexing this type of property; it
is currently brought in as R-1 automatically. The Plan Commission is suggesting
a AG-1 classification for annexing acreage that is not ready to be platted
George Stewart explained that this would be a tool to extend boundaries. It would
also prevent any development of the property without coming back to the Plan
Commission and the City Council.
JANUARY PLAN COMMISSION MINUTES PAGE 4
The Council has not had an opportunity to do anything with this zoning issue
yet. What the Plan Commission would like to see is an ordinance passed with
regard to this issue. Bob Davidson stressed the necessity of updating the
zoning criteria to keep in tune with modern times.
Discussion followed on another issue regarding easements for right-of-ways and
the requirement for the width of all secondary roads. The Wildwood subdivision
was cited as an example of this as well as platting problems. Bob Davidson asked
that the new members of the Council be aware of the importance of making sure that
right-of-ways in new subdivisions are wide enough.
The Council members present agreed to get in touch with Dan Kramer relative to
the drafting of an ordinance for the requested AG-1 classification as requested
by the Plan Commission.
Relative to the Comprehensive Plan, Don Peck said that he had spoken with Jim
Clarage earlier in the day and that Jim had expressed the need to get the commun-
ication moving so that he could work on the plan in the direction the City wanted
him to go. He stressed the importance of protecting city limits and extending
accordingly. The AG-1 zoning could help protect certain areas contiguous to the
City. Bob Davidson cited the recent annexation of 400 acres within 45 days to
Montgomery. He stated that developers were reluctant to deal with Oswego because
complicated zoning problems take as long as two years to resolve.
The comment was made that the growth was headed for Yorkville and Bob Davidson
charged the Council with the responsibility of setting forth the structure to
allow such growth. To move south there has to be sewer and water; moving west
is not a problem -- there is ample sewer and water provision to go all the way
to Plano.
Bob Davidson also asked the members of the Commission and the Council to consider
the present development now in progress in Milibrook and that the outcome would
most likely have a direct effect on Yorkville based on the County's decision. The
developers had to negotiate with the school, the township and the fire department.
If the transitional fee is put through, it will most likely be used across the
board. He feels that Yorkville should give the developer a break in the area of
library, park and forest preserve districts and instead get the contribution for
the school district.
The layout of the Comprehensive Plan at this point in time is as follows:
1. To the north -- Burlington Northern is located in this area and makes
it suitable for light industry.
2. South of this area -- transitional buffer area (possibly office area) .
3. Low density housing -- one acre, 3/4 acre lots in the area of
Kennedy Road.
4_. East side of 47 -- area for medium commercial/retail.
5. Higher density -- Countryside
6. Dark area -- designated green area (school and Game Farm property) .
JANUARY PLAN COMMISSION MINUTES PAGE 5
Looking to the South of Town:
1. To the West is the Boy Scout Camp (shown as green area)
2. Rt. 126 & Rt. 71 intersection -- business area
3. Southerly area is that portion that would be suited to the proposed
AG-1 classification. (now showing as low density residential)
Jack Jones asked about the advantage to the farm property owners should they come
into the City. It was emphasized that this was a give and take situation and it
was important to keep all offers equal. Hopefully, the implementation of the new
AG-1 zoning would eliminate most, if not all, such "deals" . The idea of being in
the City without additional expense would be advantageous to some owners. Being
able to possibly sell off a small cluster of lots may prove financially helpful
and enticing to others.
Bob Davidson commented on the biggest attraction offered by Yorkville -- the
highway access. This will attract growth; next is the structure to accomodate
it -- sewer and water capabilities and future extensions. Don Peck added that a
formal transportation plan along with the sewer/water extension plan would help
to put the comprehensive plan into better perspective.
Bob Davidson stressed the importance of getting something together and into the
books. A Plan needs to be approved and then updated on a yearly basis to be in
compliance with the law. He suggests that the Plan be put together with the
AG-1 zoning (if the Council will pass such ordinance); the next one will have the
over lays for streets and if time permits it will also contain the same for water
and sewer. At minimum, the Council is requested to accept the Plan as is' (with or
without proposed zoning) .
Anne Lucietto asked if it would be possible to see the boundaries of adjacent cities.
Bob Davidson suggested a joint meeting with neighboring towns for the purpose of
discussion. The outcome could be the formation of committees to further the
settlement of the boundary line issues.
George Stewart added that putting everything together properly would enable the
Plan Commission and the City Council to evaluate all petitions with respect to
the effect on the overall plan -- he cited past problems with respect to road
structures. Don Peck added that he is working on the transportation plan which
would include road layouts and should have a preliminary workup ready by the end
of February. The importance of road interlocking was discussed and Don Peck was
asked to meet with the Plan Commission prior to presenting any plan to the Council;
Don Peck thought it best to meet with both groups at once.
Basic decision reached was to recommend the Comprehensive Plan to the Council after
the next meeting with Jim Clarage, get it accepted and then work on refining it.
pat Clark asked for assurance that the Plan would be reviewed yearly. Bob Davidson
also asked that the Council work on the boundary issue and that another joint meeting
be held no later than September of this year.
The motion to adjourn was given by George Stewart and seconded by Anne Lucietto.
Meeting adjourned at 9:45 p.m.
Joanne M. Ellertson, Secretary
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