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