Plan Commission Minutes 1994 10-19-94 F
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 19, 1994
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, Clarence Holdiman, Don Ament, Lawrence Langland, Sandra Adams, Michael
Crouch, Tom Lindblom, Anne Lucietto, and Dave Dockstader.
Others Present:
Building Inspector Bill Dettmer, City Planner Jeff Palmquist, Administrator Jim Nanninga,
Consulting Engineer Bill Schmanski, and Aldermen George Wold and Art Prochaska.
Chairman Feltz asked if there were any additions or corrections to be made to the September
Minutes.
Anne Lucietto noted there was no second on PC 94-20. Clarence Holdiman noted a name
mistake with his name and Lawrence Langland's name, and wanted it to be on record he did
not attend September's meeting.
So noted, Tom Lindblom moved to accept the minutes as corrected. Seconded by
Lawrence Langland.
PUBLIC HEARINGS
PC 94-21 -
Chairman Feltz opened the Public Hearing regarding proposed rezoning from R-2 Residential
to O-Office of the following described parcel_of real estate: Lot three in Block 5 of Black's
Addition to the Village of Yorkville, commonly known as 301 East Van Emmon. The property
is owned by John R. and Joy E. Nemanich.
John Nemanich stated that he wanted a place for the H.A.L.T. Club to rent and expand. This
parcel is surrounded by manufacturing, so they thought it would be an ideal place.
It was purchased with the intent of renting it to the Club, but under the R-2, he was not able to
do so. He also thought if the Club moved out in the future, he would be better prepared to sell
this parcel as O-Office.
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Chairman Feltz asked if there were any questions from the public for Mr. Nemanich.
Scott.McAllister, owner of the property next door, (305 Van Emmon), asked if there would be
parking garages, etc. He-was worried about the effect of-ths zoning on the tenants of his
apartment complex. He was also very concerned of how this was going to affect his property
value.
Mr. Nemanich responded that the Club had been located two blocks away for two years and
had been nothing but a benefit to the community. There was no intention of doing anything to
the property, except possibly an occasional volleyball net would be up on the 60 Ft. grass area
to the side of the building during cook-outs.
Mr. Feltz said that anything that the ordinance allowed in Office could be in there for the Club
and for future owners also. Regarding property values, the Commission could not do anything
about them. Mr. Feltz recommended reviewing past assessments and their increasing values.
OLD BUSINESS
PC 93-21 Final plat-Country Hills Subdivision, (Dwyer).
Jack Kusek, representing Country Hills, discussed the changes made to the Plat. Lot 72 was
moved from Phase II, from subsequent phase. Because, as Jeff Palmquist explained, as
initially proposed, the road only went part way through to lot 87. The Planning Council wanted
the entire frontage to have public improvements. If the entire frontage of 87 was going be
brought in, it made sense to bring in the lot across the street. Continuing, Mr. Kusek said the
other changes were elimination of the rear set-back lines, and adding the typical lot-layout in
the upper right hand comer, to clean up the drawing. All of the lots will have 40 foot rear-yard
set-back, except the R-2 duplex, which will have a 30-foot rear yard, according to the
ordinance. All of the front-yard set-backs will be 30-foot and side yards are according to the
ordinance. The new City Ordinance asked for a 10-foot utility and drainage easement on the
front and rear of the lots and 5 feet on the sides, and that is included. There are some
easements besides that, either larger or in different locations, and they are shown on the Plat.
The legal description is now on page 2 and in its place on page one are the provisions for the
easements, dedicating those easements for various purposes. The park on page one has
been revised and 2.1 acres have been dedicated.
Lawrence Langland asked how deep the detention pond would be. Mr. Kusek estimated four
to five feet. Jeff Palmquist asked if garages were discussed for the duplexes. He thought two-
car garages for the duplexes would be a good idea for a requirement in the covenants and
restrictions.
Lawrence Langland asked if the tree line was requested to be saved in.the covenants. Mr.
Palmquist said it could be added to the list of additions to the covenants he wanted to pass on
to the Dwyers. Mr. Palmquist asked the Dwyers if they objected to a restriction in the
covenants regarding existing tree alterations: Wanting these trees to remain, their removal
would be subject to Home Owner's Association approval. Mr. Kusek wanted a specific list to
included of the types of trees that could be taken out. Mr. Palmquist said the language will
permit a review by the architectural committee.
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Mr. Palmquist asked Mr. Kusek if the conservation easement was on the plat. Mr. Kusek said
it was not, it would be better handled in the covenants. Mr. Palmquist said the easement
language identifies the landscaped easement along 71. In the covenants responsibility is
described. Incorporated into annexation agreement was no fencing. The Plan Commission
would want to repeat this no fencing (backing up to 71), rule in the covenants. Also added to
the covenants should be the provision that: The owner must provide normal landscaping for
the plants within the landscape easement. The homeowner may have the allowance to remove
or prune if the plant is significantly altered or diseased. If the homeowner wanted to plant within
that easement, it would be subject to architectural review.
Bill Schmanski stated that the engineering plans were still being revised, but he thought they
were in agreement on the final product.The plat was there except what Jeff was just talking
about. From his standpoint the plat was in the form that could be approved.
Harold Feltz asked Dave Dockstader if the Recreation Board was happy with the park location.
He said that they had no problem with where it was.
Anne Lucietto asked if gas line locations were satisfactorily taken care of. Bill Schmanski
responded that sufficient easements were provided for gas and utilities.
Jack Kusek stated that gas, phone, and electric utilities had been contacted. They have their
ideas of where they would need easements, and they were incorporated in the plat. They also
allowed for stafrs recommendation that the gas utility be located on one side or the other from
the water main or sewers. That issue was taken care of.
Harold Feltz asked about the duplex garages. Jeff Palmquist said if there were any
recommendation made tonight, if that issue should be addressed. He said there was sufficient
lot size for a two-car garage. Mrs. Dwyer asked if this were-part of the ordinance and if they
had to comply. Mr. Feltz said the Commission was asking for compliance. She said they
would.
Larry Langland made the motion for approval of the Final Plat of Country Hills Subdivision
Phase I, with the covenants as described and related to the tree line, the landscaping, two-car
garages on duplexes and the engineering being completed according to the City Engineer's
requirements. Second by Anne Lucietto. Roll Call Vote:
Lawrence Langland - Yes Dave Dockstader - Yes
Harold Feltz - Yes Don Ament - Yes
Clarence Holdiman - Yes Sandra Adams - Yes
Tom Lindblom - Yes Michael Crouch - Yes
Anne Lucietto - Yes
Motion carried 9-0. Chairman Feltz said that the Plan Commission, therefore, recommends
approval to the City Council
PC 93-5 Fox Hill Subdivision P.U.D. - Preliminary Plat POD 4
3
Ken Baldwin from Development Resources was representing the owner of the Fox Hill
Subdivision. He also introduced George Havier and Jim Madden of Stone Ridge Development,
who is the building company that has this parcel under contract to purchase and build the
product within the city.
Fox Hill Subdivision is on Rt 34 just west of the Kendall Co. Complex. It was annexed and
zoned as a P.U.D.in the city of Yorkville last year. They received approval of the Final Plat of
Subdivision for the first unit of the single family development in April of this year. This unit is
currently under construction. Tonight they would like to discuss the Development Plan for POD
4.
James Madden said the parcel in question is a 12-acre piece. It's presently zoned for seven
units to the acre and cannot be apartment buildings. They are building townhomes. There are
17 buildings, of those nine are 4-unit buildings, eight are six-unit buildings, the total being 84.
Of the 84 units, 52 have firm-car garages, 32 have one-car garages, so a total of 472 parking
spaces off-street. In addition to that, they have two guest parking areas with an aggregate total
of 11 units. This gives a total of 483, which is 5.75 parking spaces per unit. In addition, Mr.
Palmquist has asked them to look into how many additional parking spaces there would be if
they had parking on only one side of the street. They are basically all two-bedroom units, they
all have 21/2 bathrooms and range in size from 1,225 S.F. to 1,404 S.F. Mr. Madden said this
development is very similar to ones they are building in Algonquin. He said there was a
question of who was taking care of the landscaping, and would the homeowners be able to cut
down trees and do as they desired. The answer was no. Except the common area and even
the area owned by the individual, all landscaping, and all snow removal will be handled by the
Homeowner's Association. Reading from the covenants of his development in Algonquin, he
stated that owners and their families shall park their vehicles in their garages or in their
driveways in front of their garage--not in the visitor or guest parking.
Harold Feltz asked for a price range, which was from $108,000 - $130,000 after general
upgrades. Tom Lindblom questioned the numbers and location of fire hydrants. Bill
Schmanski said they were not that far along in the planning. Sandra Adams asked about the
P.U.D. agreement and the allowance of one-car garages. Ken Baldwin said the restrictions
they had in the P.U.D. Agreement for the R-3 properties were: To allow taller buildings (32 '
to 35'). To have no apartment units, (only single-family attached units). And there would be
no restrictions for the number of garages per unit.
Jeff Palmquist asked if this number would be the maximum number of one-car garages, and
if it is an option, could the number decrease in response to consumer demand. Mr. Madden
responded yes, it was the maximum number, and it would probably go down marginally as the
units were sold. The number could not go up.
Jim Nanninga pointed out that the sidewalks were mostly placed on the easements off the
right-of--way. Because of the small right-of-ways in the agreement, the City wanted at least 7'
parkways so they could pile snow and have the sidewalk some distance back. The
landscaping of trees that will be required by the developer is on easements. They are required
trees that will be planted and will be bonded as part of the subdivision. Also the Planning
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Council may recommend to the City Council an ordinance change that would make all the
parking spaces individually accessible.
Jeff Palmquist said that on a preliminary stage the Planning Council thought a good job was
done by the developers. Anne Lucietto asked how the Homeowners in Algonquin were
responding to the stringent rules of the covenants. Mr. Madden responded it was going well
but it was still under his sole jurisdiction. Jim Nanninga said they were in compliance with the
city requirements at this stage.
Tom Lindblom made the recommendation of approval of Fox Hill Subdivision POD 4 under PC
93-5. Seconded by Anne Lucietto.
Harold Feltz - Yes Dave Dockstader - Yes
Clarence Holdiman - Yes Don Ament - Yes
Sandra Adams - Yes Tom Lindblom - Yes
Lawrence Langland - Yes Anne Lucietto - Yes
Michael Crouch - Yes
Motion passed, 9-0. Chairman Feltz said the Planning Commission therefore, recommended
approval of the Preliminary of POD 4 on Fox Hill Subdivision, PC 93-5.
Comprehensive Plan
Jeff Palmquist said he was at the Building/Zoning meeting last week and there were a few
slight changes. Instead of reflecting Robb Container as an island of manufacturing on Van
Emmon, the Building Zoning Committee suggested they carry forth the green so its not
perpetually in industrial use there. To the east of that is residential, medium density. The
committee suggested that it be carried forth as commercial rather than industrial. They
envision commercial along Van Emmon and Hydraulic between the green and downtown, (two
blocks). He said the Office Use requested by the Nemanichs would be compatible by definition
in terms of an office in that area.
New Business
PC 94-21 Proposed rezoning from R-2 Residential to O-Office of the following described
parcel of real estate: Lot three in Block 5 of Black's Addition t the Village of Yorkville,
commonly known as 301 East Van Emmon. The property is owned by John R. and Joy E.
Nemanich.
Because John and Joy Nemanich left the meeting early, the Plan Commission did not feel
comfortable going ahead with this rezoning request. Sandra Adams made a motion to table
PC 94-21 until next month. Anne Lucietto seconded.
5
Roll Call Vote:
Michael Crouch - Yes Anne Lucietto - Yes
Don Ament - Yes Dave Dockstader - Yes
Clarence Holdiman - Yes Sandra Adams - Yes
Lawrence Langland - Yes Harold Feltz - Yes
Tom Lindblom - Yes
Motion passed 9-0.
Mr. Feltz said PC 94-21 would be tabled until next month.
Additional Business
John Schumacker representing Green Briar, stated they had a document from the owner of the
subdivision north of them (George Christi). It was faxed to Jim Nanninga. Mr. Nanninga read
it and it said, "We intend to cooperate with the village in regards to the-land plan concerning
our property." Mr. Schumacker said the city wanted the roads aligned and that is the best of
their interpretation. Mr. Feltz said he did not see that as the same interpretation and they
needed to be more specific.
Tom Lindblom requested again, a piece of paper showing this piece of property in relationship
to what was around it. Mr. Schumacker said they could not presume to plan another person's
property. That, Mr. Feltz said, was their problem too.
Michael Crouch asked how they could expect final approval to develop a piece of property
when they don't know where the roads would go in terms of access to that property. He said
the faxed statement did not make it clear what they were going to agree to.
Jeff Palmquist asked Ron Wehrli, the owner of Green Briar, if he had an opportunity to talk with
George Christi about his layout. Mr. Wehrli said he had not and wasn't even aware that they
were developing this property since he was still looking for a partner. Mr. Palmquist said the
city staff could assume some of the burden to get legal opinion within the next few days.
Much discussion was held about what to do with the Green Briar Plan. Sandra Adams made
a motion to table Green Briar until they get better information and legal advice. Anne Lucietto
seconded. Discussion was made by Ron Wehrli that this was the third time this had been
tabled. They did what the commission said to do in getting the letter and that would be all they
would get. Further discussion was held concerning how to best pass the motion on to City
Council. It was decided that Mr. Wehrli needed to get an enforceable letter that could override
the current plot of subdivision. This letter would be subject to Dan Kramer's approval. _If it was
obtained, they would have a special meeting so Mr. Wehrli would not have to come back next
month.
6
Roll Call Vote:
Sandra Adams - Yes Harold Feltz - Yes
Dave Dockstader - Yes Don Ament - Yes
Lawrence Langland - Yes Anne Lucietto - Yes
Clarence Holdiman - Yes Tom Lindblom - Yes
Michael Crouch - Yes
Motion passed 9-0.
Chairman Feltz said they therefore agree to table the motion. Also, as said in their general
discussion, if information is provided in the near future that meets their requirements, they will
hold a special meeting so it could be moved on to City Council.
There being no further business the meeting was adjourned.
�ne E. Front, Recording Secretary
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