Plan Commission Minutes 1992 04-15-92 M1
MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF
THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS
HELD AT THE KENDALL COUNTY BOARD ROOM
APRIL 15, 1992 7:00 P.M.
The April meeting of the Plan Commission was called to order by Chairman Harold
Feltz. The following members were in attendance:
Harold Feltz, Clarence Holdiman, Don Ament, Larry Langland, Sandy Adams,
Gail Digate, Anne Lucietto, Bob Davidson (George Stewart arrived at 8:00)
Absent: Tom Lindbloom, Kevin Coliman, Louis Nauman
Others: Mayor Ken Kittoe, Atty. Tom Cross, Don Peck, Pat Clark,
Bill Baird, and petitioners and interested citizens as
listed on the sign-in sheet on file with the minutes.
The minutes of the March meeting were presented and approved. The motion was given
by Sandy Adams and seconded by Anne Lucietto. Voice vote carried.
The first order of business was the Public Hearing on the Fisher rezoning. Chairman
Feltz asked all individuals wishing to speak during the hearing to be sworn in.
PC92-5 PUBLIC HEARING -- FISHER (REZONE FROM B-2 TO B-4)
Mr. Fisher introduced his petition. The proposed plan is a PUD development for the
construction of a Carstar collision repair center and a Midas muffler shop on Rt. 34
between the Kentucky Fried Chicken building and the Hatcher Medical Center. The
property is approximately 2.4 acres. A drawing showing all required setbacks as well
as deacceleration lanes was presented. There would be joint access for both businesses
of Rt. 34. In response to the concerns voiced at the March meeting, the following
points were noted:
1. Structures - Block with brick interlays.
2. Appearance - attractive landscaping with cedar fencing and proper lighting.
3. Parking ares - ample parking behind the store with earth berming to aid
in hiding vehicles.
4. Enclosed brick garbage container area.
5. Personnel - 7 employees to start and up to 15-18 at the peak. The Midas
shop would have 5 to start and probably increase to 10.
Doug Fisher then gave a slide presentation depicting Carstar stores in existence
in other areas. He noted that these stores are nationwide and that there are
strict requirements to be met in order to qualify for a franchise; these include
EPA certification, OSHA approval, full computerization, a high level of cleanliness
and professionalism. He also stressed the differences between the standard body
shop and the updated Carstar facilities. There are many controls in force to
eliminate as much noise and offensive odors as possible and to insure safety standards
in paint mix rooms are met. Dean Fisher explaind how carbon deck air filters were
used to keep the air smoke free. Proper disposal of hazardouv waste materials was
explained. The Carstar operations are described as high-tech facilities requiring
highly trained personnel.
` APRIL PLAN COMMISSION MINUTES PAGE 2
The Midas franchise owner was introduced and spoke on the appearance and operation
of his store. He owns three store franchises - Lake Street, Aurora; Fox Valley
Mall; Bollingbrook. The following guidelines would apply:
1. No vehicles would be kept outside the facility at night.
2. There would no oil changes, air conditioner servicing, etc. Only brake,
exhaust, and suspension work would be performed.
3. Trash would be enclosed in brick areas. There would be no hazardous
waste materials involved.
4. The personnel would consist of highly skilled workers.
5. The entire operation would be under strict Midas standards.
Both proposed facilities will be operated by people who live in the community;
the Fishers presently live in Yorkville and the Midas managers are planning to
relocate in the near future. In closing, Mr. Fisher reaffirmed his opinion that
the planned development would be clean, attractive and well suited to the area.
Roger Hatcher of the Hatcher Medical Group initiated discussion from the public
on the proposed project. He disagrees with Mr. Fisher and feels that the type of
businesses planned do not mix well with the surrounding facilities. It is his
opinion that there would certainly be some existing commercial property that would
be a better choice than this area adjacent to a medical building and a residential
area. Chairman Feltz noted the type of facilities that could be constructed on the
property without any change in zoning, such as automotive accessory and rental,
carry out food service, billiard parlor, dance hall, bowling alley, various repair
shops. Mr. Fisher again noted the high level type of businesses that are proposed
and added that they would in no way have an adverse effect on the area.
Dan Hatcher, also of the Hatcher Medical Group, voiced his opposition to the proposal
stating that the type of operations planned do not fit in with the existing senior
housing, the medical building and the veterinary clinic.
Debbie Regnier spoke in favor of the project. She noted that a Carstar store and
a Midas shop would be a better controlled facility than the existing car wash located
in the same general area.
John Thompson, tenant of the Hatcher Center, also disagrees with the proposal. He
expressed concern over what could happen in the future if the Fishers subsequently
sold the store.
Dan McNieve said that he approved of the business. His only concern was with traffic
on and off of Rt. 34. Mr. Fisher said this had been discussed with the state and
with the City Administrator in an effort in insure safety.
Mr. Fisher gave a closing statement evidencing his determination to locate his
business on the proposed site and the positive effect it would have on the community.
With no further comments to be heard from the public, Chairman Feltz closed this
hearing.
APRIL PLAN COMMISSION MINUTES PAGE 3
PC92-6 PUBLIC HEARING - PURCELL (REZONE FROM B-3 TO R-4)
Atty. Tom Cross stated that the petitioner was looking only for feedback; nothing
concrete was planned. The subject property is located at the corner of Countryside
Pkwy and Center Pkwy. Rezoning is requested for lot 3 only. This is a 2 acre lot
on which they propose to construct 20 condo units. No specific construction
details are available at this point.
One member of the public questioned whether or not the condos would be rental units.
Atty. Cross stated that there would be the potential or being rented; the condo
association rules would set down conditions. Concern was voiced that this type
- of development could easily become less than attractive and have an adverse effect
on the area.
Dan McNieve noted the population increase over the 14 years he has lived in the
subdivision. In his opinion it would be unrealistic to expect an upscale condo
project sandwiched between the shopping center and the existing somewhat lower
grade apartment complex. He also expressed concern with adding to the population
density and with additional traffic.
Richard Scheffrahn voiced opposition to the project. If lot 3 is given the re-
zoning, then lots 4 and 5 are likely to follow. He stated that it was likely that
such units would eventually be all rental rather than owner occupied. Population
density was a primary concern.
Joanne Matlock represented the- views, of the Yorkville Congregational Churcb.. The-
concerns are as noted by others, density and traffic problems. They would like
to see some protected green areas.
Dick Missing stated that homeowners in the area work hard to keep up their homes
and properties. One concern was that the additional numbers of children would
have literally no place to play; the parking lot for the shopping center is already
an attraction for gang type activities. He feels that the project would not be
good for the area.
Richard Johnson expressed the same concerns as the others in addition to setting
a precedent for more such rezoning requests.
Chairman Feltz presented a letter received from Tim and Amy Kelly stating their
opposition and indicating concerns such as decline in property values, increased
traffic and inappropriate development for the area.
With no further comments from the public to be heard, Chairman Feltz closed this
Public Hearing and resumed the regular meeting of the Plan Commission.
PC92-5 FISHER REZONING FROM B-2 TO B-4)
Chairman Feltz asked if the property would be split. Mr. Fisher stated that Midas
required property ownership; an area 150 x 220 would be sold for the Midas shop
and the Fishers would retain the balance of the land. Chairman Feltz also asked
about the future office possibility. Mr. Fisher said that there had been some
rAPRIL PLAN COMMISSION MINUTES PAGE 4
discussion about the possibility of relocating the head office of the Midas owner's
franchise to a joint office with the Carstar project. This would be at a future
date; it would be acceptable to the Fishers to limit the use of the rear portion
of the property for office use.
Bob Davidson said that he would like to get a legal opinion about the filing of
the petition with regard to the PUD status to determine if it would be necessary
to refile. He also expressed concern over parked vehicles. More details re-
garding future plans might be necessary; a PUD development would require very
explicit details. He further suggested the possibility of B-3 special use zoning
instead of B-4. Other concerns were with the exit on Kendall Dr. , the fence and
parking area.
Chairman Feltz would like to get the opinion of the City Planner before any decision
is made. Larry Langland asked that everyone give consideration to what the store
would look like -- it is not a "body shop" in the old sense.
The main concerns brought up included the parking of vehicles, traffic and proper
steps to insure future control. The Fishers are seeking direction from the Plan
Commission as to which way to go, whether PUD or special use. Chairman Feltz
commented that either way would require getting down to specifics.
Sandy Adams suggested that it should be tabled until feedback can be secured from
Jim Clarage and to give the Commission more time to study the situation. The
consensus of opinion is that the concerns of the neighbors as well as the many
questions of the Plan Commission need to be seriously and carefully thought out.
George Stewart asked that Bob Davidson clarify what his suggestion was regarding
the zoning; the statement was 11B-3 Special Use PUD" . He further stated that the
specific request had to come from the Fishers. The conceptual idea was zoning
(whether B-2, 3, 4) with the special use under PUD to protect for future control.
Gail Digate stated her opinion that this business belongs in Yorkville and that
dialogue should continue to resolve the problems that have surfaced. George
Stewart also agrees that the project is viable and worth consideration. Don Ament
noted that care should be taken to not set a precedent; he agrees that it should
be tabled until Mr. Clarage has the opportunity to look it over.
George Stewart also suggested that the Fishers talk directly with Mr. Clarage to
get his comments. Bob Davidson asked the Commission to consider all the facts,
including on what grounds it could be denied if that were the case; if they were
inclined to pass it, it would have to made to fit the area. The main concerns
from the discussion of the evening were summarized as follows: parking area,
whether or not B-4 zoning would fit in the area, the best use of the property,
the cut onto the road, and long term effect of the decision made.
Sandy Adams made the motion to table the petition pending input from the City Planner
and open for discussion at the next meeting. The second was given by Gail Digate.
Roll call vote carried as follows:
Stewart - yes Holdiman - yes Ament - yes Langland - yes
Adams - yes Digate - yes Lucietto - yes Davidson - yes Feltz - yes
L r r
APRIL PLAN COMMISSION MINUTES PAGE 5
PC92-6 PURCELL REZONING FROM B-3 TO R-4
Anne Lucietto stated total opposition to the proposal of 20 condo units. In her
opinion this would have an adverse effect on the area. Area homeowners moved
into the area fully expecting that the area would develop with business; this
would mean traffic during daytime hours only. The high density housing would
possibly offer a future connection with existing questionable housing on
Countryside between Center and Kendall and basically connect with the multi-family
on Rt. 47 at some future date.
She further commented that she had the same concerns as voiced during the public
hearing. People moved into the area fully aware of the existing zoning and it is
not right to completely change it now to satisfy one project.
Larry Langland asked that the Commission consider the fact that the city of Yorkville
is definitely going to grow and so is the shopping center. The B-3 zoning areas
need to be preserved for that type of use. He also noted that the condo project
behind Swilly Green did not sell as expected and is now rental property.
Further discussion evidenced the following opinions:
Lucietto - keep density as low as possible; keep rental units out
Feltz - agrees with Langland; keep business use available
Langland - this is down zoning; say no
Davidson - if any consideration is given to a condo development, give
consideration to a PUD, garage area, no cut onto Countryside. He also
noted that if it was denied, valid reasons must be stated.
Atty. Cross stated that he had a sufficient amount of feedback to take back to
the petitioner. He will withdraw pending further discussion with his clients and
ask to be on the agenda at a later date.
There was no information available on the AG-1 Ordinance; nor was Jim Clarage
available to discuss the Comprehensive Plan. With no further business to discuss,
Chairman Feltz asked for a motion to adjourn. Anne Lucietto so moved and Gail
Digate gave the second. The meeting was adjourned at 9:00 p.m.
Joanne M. Ellertson, Recording Secretary
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