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Plan Commission Minutes 1995 06-21-95 MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY,ILLINOIS JUNE 21, 1995 7:00 P.M. The May meeting of the Plan Commission was called to order by Acting Chairman Anne Lucietto. Roll Call: Members Present: Jack Magnuson Lawrence Langland Clarence Holdiman Anne Lucietto Ralph Pfister Michael Crouch Substitute voting member: Mayor Bob Johnson Absent: Tom Lindblom Dave Dockstader R Greg Kraber Others Present: City Planner, Jeff Palmquist, City Attorney Dan Kramer, Consulting Engineer, Bill Schmanski, City Administrator Jim Nanninga, Alderman Jeff Baker, Jeff Spang, and Art Prochaska. Anne Lucietto asked if there were any additions or corrections made to the May Minutes. Hearing none, Ralph Pfister voted for approval. Jack Magnuson seconded. Voice Vote: Carried. PUBLIC HEARINGS PC 95-10 Continued hearing requesting annexation and rezoning from Kendall Co. A-1 to the following: A 600 feet wide strip, said 600 feet being measured at right angles from the easterly boundary of the property, shall be zoned subject to further terms of an annexation agreement as B-3 Highway Business District,with a special use under B-2 as a gasoline service station with respect to the north 300 feet of the 600 ft. wide strip. The remainder of the property shall be zoned A-1 Agriculture. The 1 r address of the property is 10318 Galena Road and contains approximately 283 acres. The owners of the property are Richard A. Undesser and Henrietta Undesser. Representing the Undessers was Attorney William C. Murphy. He said the Plan Council had asked them to rezone the north part of the property. This would be the 13-plus acres on'the northeast corner zoned B-2 P.U.D. with the balance Ag.-1; so that if, and when they develop Jhe farm, they would have to come back to the City and rezone something acceptable to Yorkville's City Government. These 13 acres are roughly a 600-foot strip. Randy Mohr, the Bristol Township Supervisor, said Bristol Township's concern was the need for identification of how many road cuts this strip will have. Route 47 has had three road cuts added within 1/2 mile from Yorkville to Corneils Road in the past year. This density is comparable to Route 34 from Naperville to Oswego. They think early in the planning process, the Commission and petitioner should address a side-road. Davd Powlowski, the Chairman of the Bristol Township Planning Commission, said Mr. and Mrs. Undesser came to them regarding annexing this property that is west of the rest area, not on the corner of Chicago Road. They did some research on this petition, and they felt that it was spot zoning. Putting a gas station there with pumps and fuel may eventually be quite large operation and be out of concept for that area. Mr. Powlowski continued, citing the many accidents that occurred at the corner of Galena and Route 47. It has been designated as the third most dangerous intersection in Kendall County. Morning traffic is usually backed up past the rest area. More cars exiting onto Rt. 47 would worsen conditions. PC 95-12 Requesting rezoning from R-1 Residential to 0-Office(under 10-7A-1). The address of the property is 101 West Center, Yorkville. The property owner is Dorothy D. Niesen and the petitioners are HD&B Partnership. Attorney Tom Grant presented the petition, representing HD&B Partnership. He said the property is located on the corner of Rt. 47 and Center. It is presently zoned Residential and it is the request of the applicants to rezone the property to the O-office use. They want to use this house for a real- estate office. It has been to the Plan Council, and some requests were made. The driveway would be a one-way in,prohibiting access back to Rt. 47, and forcing the exiting traffic onto Center.Street. The parking lot would be bermed at the border to the west with trees and shrubs. The property is on Rt. 47, the business highway through town. In the Business Uses, the Office zoning is the least dense. That would be preferable than any other type of Business zoning that could exist as Yorkville grows. Minor modifications to the home would be made so it could be used for business and be up to code. The Building Inspector has looked at the building, and it passed his inspection. Neighbors Tony and Cindy Amabile and Michelle Cullen all voiced their concerns about the additional traffic hazards, and the invasion of privacy in a residential area. They felt it was out of character for the picturesque park square. They presented a petition of 36 signatures objecting to 2 the zoning change. OLD BUSINESS PC 95-10 Continued hearing requesting annexation and rezoning from Kendall Co. A-1 to the following: A 600 feet wide strip, said 600 feet being measured at right angles from the easterly boundary of the property, shall be zoned subject to further terms of an annexation agreement as B-3 Highway Business District,with a special use under B-2 as a gasoline service station with respect to the north 300 feet of the 600 ft. wide strip. The remainder of the property shall be zoned A-1 Agriculture. The address of the property is 10318 Galena Road and contains approximately 283 acres. The owners of the property are Richard A. Undesser and Henrietta Undesser. When asked if the Undessers were interested in a P.U.D. or B-2 Special Use Zoning,Mr. Murphy responded whatever it would take to operate a gas station. Dan Kramer said the Planning Council recommended they do it within a P.U.D. agreement. With the P.U.D. agreement, they would have to come back to the Plan Commission to resolve all of the particulars, such as parking setbacks, access, operations, etc. Michael Crouch asked who was responsible for improvements on Rt. 47. Jim Nanninga said it should be addressed with the P.U.D., I.D.O.T. won't get involved on a road that is accessing onto a street that is considered City or Township, because they see it as outcoming traffic. Jack Magnuson asked if City water and sewer would be available. Jim Nanninga said it would be well and septic. Perhaps in the future the City would extend the lines that far. City Planner,Jeff Palmquist, said there are many details that needed to be worked out regarding the utilities, access improvements, and specifics of the operation. However, it was felt that those were best addressed at the second step, which was in the formulation of the agreement and details of the P.U.D. At that time, the Plan Commission can look at the agreement between the City and Developer regarding'road improvements, (who pays), what triggers utility expansion vs. well and septic, and what type of operation it will be, (retail, diesel, liquor, etc.). Ralph Pfister asked if the Bristol Township Planning Commission was against this development. Dave Powlowski said it was turned down by their Commission due to the traffic hazards, the pollution to Rob Roy Creek, the type of septic system needed, and because it was out of character with the area. Jack Magnuson moved to recommend approval for the request for A-1 for annexation to the 249 acres as shown on the plat, and considering the easements as mentioned in the Planning Council minutes. Michael Crouch seconded. 3 Roll Call Vote: 4 Clarence Holdiman - Yes Ralph Pfister - Yes Michael Crouch - Yes Jack Magnuson - Yes Lawrence Langland - Yes Bob Johnson - Yes Anne Lucietto - Yes Motion passed 7-0. Jack Magnuson made the motion to recommend rezoning to Ag.-1. Michael Crouch seconded. Roll Call Vote: Anne Lucietto - Yes Michael Crouch - Yes Bob Johnson - Yes Ralph Pfister - Yes Lawrence Langland - Yes Jack Magnuson - Yes Clarence Holdiman - Yes Motion passed 7-0. Jack Magnuson made the motion to recommend annexation to the City the 13 acres. Michael Crouch seconded. Roll Call Vote: Clarence Holdiman - Yes Anne Lucietto - Yes Ralph Pfister - Yes Lawrence Langland - Yes Bob Johnson - Yes Jack Ma_nuson - Yes Michael Crouch - Yes Motion passed 7-0. Jack Magnuson made the motion to recommend to the City Council, rezoning into Special Use under a P.U.D. Clarence Holdiman seconded. Roll Call Vote: Clarence Holdiman - Yes Anne Lucietto - Yes Ralph Pfister - Yes Lawrence Langland - Yes Bob Johnson - Yes Jack Magnuson - Yes Michael Crouch - Yes ' 4 Motion passed 7-0. PC 95-12 Requesting rezoning from R-1 Residential to O-Office(under 10-7A-1). The address of the property is 101 West Center, Yorkville. The property owner is Dorothy D. Niesen and the petitioners are HD&B Partnership. Lawrence Langland said that it does not follow the City's Comprehensive Plan, and they should follow it. Clarence Holdiman agreed. Michael Crouch noted everything else around the property is Residential. Jeff Palmquist said the preservation of the character of the neighborhood should be seriously considered. Jack Magnuson said Rt. 47 is a key area of defining the character of the community and special attention must be paid to what is on it. Bob Johnson did not think the zoning on Rt. 47 should be piecemeal and the Comprehensive Plan should be followed. Michael Crouch made the motion to approve the rezoning from R-1 to Office for PC 95-12. Ralph Pfister seconded. Roll Call Vote: Jack Magnuson - No Michael Crouch - No Lawrence Langland - No Clarence Holdiman - No Bob Johnson - No Ralph Pfister - Yes Anne Lucietto - No Motion denied 6-1. PC 95-11 Kendall Co. Rezoning- George&Evelyn Walz and Wayne&Kathleen Walz. Rezoning from A-1 Co. Agricultural to R-1 Single Family Residential, containing 5 acres. Tun Olson represented George&Evelyn Walz. He said it is a County petition, but it is within 1 1/2 miles from the village. They are asking for zoning on-two parcels, one is a vacant 3-acre tract, and the second parcel is immediately south of the Walz home and is 5 acres. One house would be built for the Walz's and the other for their son or daughter. Jeff Palmquist said the Plan Council had no problems with this request, but two problems needed to be addressed. The 3-acre does not include any of the road, so they would have to be sure that the lot area starts from the right-of-way dedication. Also, they wanted two separate petitions, one per lot. Lawrence Langland made the motion to recommend to City Council approval of rezoning from A-1 Co. Agricultural to R-1 Single Family Residential pending compliance with the two problem-areas 5 Jeff Palmquist so named. Jack Magnuson seconded. Roll Call Vote: Ralph Pfister - Yes Bob Johnson - Yes Clarence Holdiman - Yes Lawrence Langland - Yes Michael Crouch - Yes Jack Magnuson - Yes Anne Lucietto - Yes Motion passed 7-0 PC 95-13 Kendall Co. Rezoning -Richard L. Van Deusen& Thomas W. Grant. Rezoning from A-1 to R-1, containing 21.288 acres. Thomas W. Grant represented the parties of PC 95-13. He said they are asking for approval of rezoning the property into a 3-lot subdivision. They met with the Planning Council, and they asked that they subject the property to certain restrictions. They have proposed to use the property with a private road. They would use City standards for the roads in case of future annexation. They would also conform to County storm and detention regulations. Planning Council also requested that they provide a turnaround at the north end. There will be no vehicular access onto Legion Road directly from lots one or three. There is also a proviso placed on the Preliminary Plat that would go onto the Final Plat indicating that should the City Council be annexing the area, the required sidewalks, streetlights, curb cut, or pavement be installed prior to the annexation to the property with the City. The cost of the improvements will be born by the separate lot owners, each paying 1/3. Objecting to this development was Ron Wagner. His property adjoins the parcel in question. He said the property had very poor drainage, and the flooding in his backyard (on the drainage easement) would worsen if three more homes would go on this acreage. Discussion followed addressing this problem of the area. Jeff Palmquist asked if their proposal would be to have all the water from the property on the west side flow into northeast detention area. Jim Olson said yes. Anne Lucietto recommended to Mr. Wagner that he speak to Bill Schmanski, to alleviate his fears. Ralph Pfister made the motion to recommend acceptance of rezoning from A-1 to R-1 the parcel of 21.288 acres. Clarence Holdiman seconded. i 6 Roll Call Vote: Clarence Holdiman - Yes Ralph Pfister - Yes Michael Crouch - Yes Jack Magnuson - Yes Lawrence Langland - Yes Bob Johnson - Yes Anne Lucietto - Yes Motion passed 7-0. Anne Lucietto said the Plan Commission therefore recommends to the City to write a letter to the County for the rezoning of said property. ADDITIONAL BUSINESS Randy Mohr extended an invitation to the members of the Plan Commission to attend an hour or two learning session about P.U.D.'S. This would be sometime later in the fall. They wanted to invite the Oswego Plan Commission also. The Bristol Township Planning Commission, would sponsor the session. People from Kane County, (having vast experience with growth), would do the instruction. It was the consensus that this meeting would be useful. Anne Lucietto said the meeting times must be changed due to Tom Lindblom's schedule. Discussion followed about the best day. It was decided that the first or second Wednesday may work best, but it still needed to be worked out with the availability of the meeting room. July's meeting may have to be postponed if they would go to either the first or second Wednesday. Dan Kramer said it would be brought up in the next City Council meeting. Notification of any schedule change would be announced by Jim Nanninga. ADDITIONAL OLD BUSINESS GREEN BRIAR John Schumacher represented Ron Werhli, the developer of Green Briar Subdivision. They want to request approval of the Final Plat of Green Briar P.U.D. Lawrence Langland asked if they had access to it yet. Mr. Schumacher said yes, from Rt. 47 west. Mr. Langland said they needed an agreement from Mr. Christi concerning the north and south entrances before he would even discuss it. Dan Kramer said Mr. Christi gave them in a letter, the easement for water and sewer and that would be as technical as he would get. Mr. Christi is not ready to plat yet. The access to the east is there, and that was what was most important, in their opinion. They were not landlocked. They could not force Mr. Christi to plat. Mr. Kramer continued, saying that the City was not happy with where the 7 Williamsport Subdivision road was platted, so it quite possibly will be moved when it gets developed. Ralph Pfister stated his unhappiness with the small lots for this parcel. He said this was the type of growth he hated to see come to Yorkville. John Schumacher said there were many technical problems with the old plat for Williamsport. There are cuts on to Fox Road, the lots were quite small, and the road is on a low point. It was their general opinion that it would have to be replatted to bring it up to the City's current standards. Dan Kramer said although Williamsport is platted and is locked in, once they develop,they are governed by the Subdivision Control Ordinance in effect at the time they put their improvements in. There was much discussion about the size of the lots, which they all agreed were too small. Anne Lucietto said regardless of how they really felt about this particular subdivision, they did all they could do and must go on with a vote. Bob Johnson made the motion to recommend approval of the Final Plat of Green Briar Subdivision. Ralph Pfister seconded. Roll Call Vote: Clarence Holdiman - No Anne Lucietto - No Jack Magnuson - Yes Bob Johnson - Yes Lawrence Langland - No Michael Crouch - No F Ralph Pfister - No Motion denied. 5-2. With no further business, the meeting was adjourned. � 7 J e E. Fr ch, Ric—or ing Secretary _ 8