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Plan Commission Minutes 1996 11-13-96 MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE KENDALL COUNTY, ILLINOIS NOVEMBER 13,1996 The November meeting of the Plan Commission was called to order by Chairperson pro tem, Anne Lucietto at 7:02 P.M.. Roll Call: Members Present: Michael Crouch Dale Hornyan Toftoy Jack Jones Tom Lindblom(arrived 8:30) Lawrence Langland Anne Lucietto Dave Dockstader Ralph Pfister Jim St.Jules Marty Behrens Members Absent: Greg Kraber John Barber Clarence Holdiman Sandra Adams NEW MEMBER JIM T. JULES Mr. St. Jules was introduced and welcomed as a new Committee member. OCTOBER MINUTES Ms Hornyan-Toftoy moved to approve the October minutes as submitted. Mr. Crouch seconded the motion On a voice vote, all members present voting ayQ. Motion carried, Chairperson Lucietto asked for all those wishing to speak tonight at both public hearings to stand and repeat an oath of truth after her. PUBLIC HEARING PC 96-20 The request was for annexation and rezoning from Kendall Co. A-1 to Residential Planned Development, R-4 P.U.D. Exceptions or variations to the City zoning or subdivision requirements are requested in order to cant'out the site plan delineated in the Planned Unit Development proposal. The property is located on the south side of Rt. 71 m west of Rt. 47, the petitioner is Landmark America, L.L.C., and the owners are Gerald M. Lawyer and Ruth E. Lawyer. Planning Commission Minutes/ November 13, 1996 Attorney Tom Grant represented the petitioners, Landmark America. They were before the Committee with a concept plan in September, have met with the Planning Council and have worked through their preliminary plat. The site consists of approximately 25 acres. They are proposing a seniors only rental complex (55 yrs. or older)with 25 buildings, 1 maintenance shed and 150 dwelling units, (1 & 2 bedrooms). Mr. Grant presented layouts of the plan. Karl Norberg, of Landmark America, gave an overview of how their company develops and manages their own properties. He stated their buildings are of the highest quality and the financing would be for 30 yrs. or more. They like to work closely with the towns involved to be sure it meets the community's needs. He stressed that this project would have low impact on the schools and services, but still pays full taxes. Adam Trott, the architect, explained the building, grounds and road layouts. The town homes would be 4 and 6 unit structures, with one 8 unit structure. There will be a 3/4 mile, 5 ft. wide asphalt exercise path connecting to the forest preserve and commercial property. The front of the lot will have an 8 ft. concrete walk and there will be detention ponds. They will be doing the utility improvements along the frontage as requested by the City. They are also proposing tennis courts and shuffleboard. Mr. Trott explained there are overflow parking locations provided and the roads will be built according to city specifications. The perimeter will be landscaped and bermed. Brian Brown, project engineer, addressed Mr. Langland's question about where water would be contained. The water is being retained for the normal release rates IDOT allows. They said they can release at what the existing property is doing right now. Dept. of Transportation said they exceed the requirements for detention. The tributary area will still come to the property and will not be rerouted. They will store the retained water. Mr. Langeland asked if [DOT will be widening Rt. 71 to 4-5 lanes as referred to by the Planning Council. A traffic impact study was done but there is nothing concerning this on IDOT's 5 or 10 year plan. Mr. Langeland expressed his interest to see a left turn lane turn off of Rt. 71. It was stated the numbers have been re-submitted to IDOT about this but there will not be a lane added at this time. They do not feel there is a traffic need for this. They stated they have laid out the project for extra frontage if widening does occur later. IDOT will be the final ones to determine and approve the turn lanes. Jim Nanninga stated that this developer has agreed to share the cost with the Sunflower Development which is lining up across the highway. He thinks it may be only a year before the turn lane goes in and said there will be language that they participate in that left turn. The petitioner said they are trying to line up the entrances and exits. There was no comment from the public. Mr. Crouch moved to close Public Hearing X20. Mr. Dockstader seconded the motion. 2 Planning Commission Minutes/ November 13, 1996 PUBLIC HEARING PC 96-21 The petitioer is requesting rezoning form R-2 to R-2 Duplex P.U.D. The property is located at 330 E. Van Emmon and the owner is Bonnie Kuczkowski. The petitioner is Keith Kuczkowski. Keith Kuczkowski represented himself. He explained that these three lots are across the street and east of Robb Container and he wants the zoning changed. He stated he has fulfilled the minimum criteria for square footage. He said that he has worked things out with the Planning Council to proceed in the direction of the P.U.D.. He presented sketches of the buildings and their locations. Mr. Crouch asked how this plan has changed from last month. Mr. Palmquist answered that Mr. Kuczkowski has committed to build according to the presented sketch. He said that they are integrating the trees. There will be three duplexes, two with two car garages. The petitioner has proposed one car garages on the eastern most building because it is heavily wooded and would not impact the larger trees. Mr. Jones moved to close the Public Hearing PC 96-21, Mr. Crouch seconded the motion. OLD BUSINESS PC96-7 Cannonball Estates -Preliminary Plan Attorney Linda Rausch, represented the petitioners. She gave an update on the direction that has been taken on the issues. She explained that the given Preliminary Plan shows their willingness to work in these directions and resolve those issues and concerns raised by the city and neighboring landowners. She asked for concept direction from the Commission before they go into more detail. Ms. Rowsch explained that the differences of this plan from the previous one was not only larger lots but more transition. There has not been other changes. Mr. Nanninga stated this new plan has not been in front of Planning Council. Vern Henne, a neighboring landowner, said his problem is still with the water situation in the area. He said that nothing has been done concerning this since the last presentation. Jim Ligget, another neighbor, stated he does not think R-2 zoning is appropriate. He also mentioned the severity of the water problems and the fact they have not been addressed. He is concerned what 108 sump pumps will do to the water table. He passed out a letter pertaining to the Lindley report and the discrepancies in his original information. He does not feel this project complies with the comprehensive plan and the density does not blend in. He asked the Commission to remember the things talked about before, to give the developers direction but to turn this concept down as presented. 3 Planning Commission Minutes/ November 13, 1996 Mr. Dockstader asked what they would like to see go into this area. Mr. Ligget responded they would like something that does make the water problems worse, blends in with the existing property, is phased back and does not require a deferring of costs for later city tax payers to pay. Otto Koch, resident of Cannonball Trail, discussed the issue of seeing larger front lots of 1-1 1/2 acres facing Cannonball. He explained that every existing lot faces the road with turnaround drives. He does not want to look at the back of the houses, A/C units and sheds. Mr. Koch also would like to see an exit put on Faxon Rd. not Cannonball Trail Cannonball Trail resident, Dave Kisser, reviewed this project's history. He thinks 4 or 5 driveway cuts onto Cannonball Trail is more desirable than another street intersection. He sited there have been several accidents in this area. He displayed his diagram of the existing area with the proposed development density added. He mentioned the letter from the area alderman stating their support of the tier approach with the external lots being 1 acre or more. Mr. Kisser said that Dave Palowski, of Bristol Township, spoke to them about density and road impaction. He said Jim Heinz, Bristol Highway Commissioner, characterized Faxon Road as the worse in the township. He also said Cannonball Trail is beginning to deteriorate. He had concerns of these roads being able to sustain construction and added residential traffic. Mr. Kisser discussed the findings the hydrogeologist reported last July. He said there is a cone of depression that has been created and is focused on the trench of the excavation of the sewer and water line. He believes the evidence shows the excavation is acting as a conduit and is dewatering and preventing the normal movement of ground water from west to east which is effecting their wells. Mr. Crouch reaffirmed that it is not the responsibility of the developer to correct the water problem on this property. He believes in fairness to the current property owners, the issue of this water needs to be addressed by the City. Mr. Nanninga said that Mr. Lindley's report (which was done shortly after the project and the City stands behind) stated there was no negative impact from that project and they don't believe there is an issue. Linda Rausch stated that the issues expressed are things all parties are aware of and are trying to work through. She said the developer is aware of his responsibilities and obligation of the natural flow of water. She does not believe the developer intends to alter that. Ms. Rausch said they are in agreement with the concept for some sort of transition between Cannonball and the development. They would like to get the go ahead from the Commission to start addressing the more specific issues and know they are going in the right direction. Mr. Langland suggested increasing the size of the road lots to at least an acre. Ms. Rausch said they have already doubled their size, and are well within the R-1 & R-2 zoning. The housing density is under those requirements also. 4 Planning Commission Minutes/ November 13, 1996 Mr. Palmquist suggested the Plan Commission communicate to them what would be acceptable, treat it as a concept plan and they would build the petition around it. They have presented a Preliminary Plan and are not asking for plan approval, but are asking for direction to have a plan that can be approved. The zoning is not as much an issue as the plan that would be found appropriate. They are asking for straight zoning. Ms. Lucietto added it is clear that the water situation must be resolved or investigated. She suggested that the Preliminary Plan be continued with the contingency that some of these issues be resolved and go to the Planning Council. She said that some of these issues can not be resolved due to the technical nature and they need to be addressed in another quorum. Mr. Crouch said that he felt the house positioning and lot sizes should be taken into consideration. Mr. Jones requested 1 acre frontage lots and to deal with the water concerns. Mr. Lanaland,moved to table the petition until the Planning Council can look at it. Ms. Homyan-Toftoy seconded the motion. On a roll call vote, all members present voting M. Motion carried. PC 96-18 Edmeier Group t Fox Highlands Preliminary Plan Site Plan Dean Edmier addressed the Commission. He stated the primary issue has been about density. The single family lots had 5 lots under 12,000 sq. ft. that did not back up to open space (Lot#1-42 backed up to the Country Hills area) and those lots are now at 12,000 ft. or greater. There are still some lots under 12,000 sq. ft., but they back up to the golf course or other open space. He submitted a town home detail which shows the roadways being 28 ft. back to back(at the Plan Council's request). He also noted that by making the roadways wider, it allows for parking in the townhome area on one side of the street. The parcel adjacent to this, owned by the Halbesma Estate, has been studied and the issue has been resolved. Mr. Edmier showed a continuation of his roadway and added a four way stop. The intersection will lead into the center of the Halbesma portion. Dick Huston, co-trustee of the Halbesma Estate, confirmed that an agreement has been made. Mr. Edmier said he will address rezoning of the Halbesma piece next spring. It will be an additional unit to his development, be residential and have low density. He stated that if the project is not completed as agreed, the Halbesma Estate still has the rights granted to develop this in the like fashion. This has been put in writing. Mr. Edmier stated the public roadway (shown on the lower left near Lots#121-123), shows a small hitch in the road but its an error in the drawing and will be a straight, regular turn. It is reflected on the Preliminary and final engineering. He said the Plat Unit Development Agreement is progressing so all necessary elements are being recorded in conjunction with the Edmiers and city attorney Dan Kramer. 5 Planning Commission Minutes/ November 13, 1996 The preliminary engineering is underway and near completion. They are revising their plans according to comments of the city engineer. He asked for a vote to approve the Preliminary Plan so they may move along through the Economic Development Council and the Committee of the Whole meetings. He would like it to be noted that they are asking for a vote on the preliminary plan subject to completion of final engineering and the final sewer agreement. The actual sewer project is still being engineered and laid out. They are working out the remaining road and turn arounds for the Fire Department with Tim Fairfield. Mr. Nanninga said according to the Planning Council, all that is outstanding is the sewer reports and they are close to giving recommendation to the City Council. Joe Edmier explained the brick on the first floor front of the elevations, side load the garages, multitude of roof lines and pitches of the 2, 3 &4 unit town homes. He said there will be small deck or patio areas. Some of the lots are not going to allow side load garages, so those doors will have to be turned to the front. Mr. Palmquist recommended not to take any land set backs due to widening the road in the townhome area. They are at 30 now, and R-4 is 40. He recommended not to move the buildings into that 30 ft. setback. They may have to reduce the area in the center. He also said the Planning Council recommended the depth of the guest parking stalls be 25 with the suggestion of a sidewalk. It is not drawn that way and needs to be so. He also said there was a way to incorporate a three unit building to save more trees. (Building 49 & 50). He recommend that the Plan Commission reserve the right as the final grading is executed because of the building placement, final grading and saving existing trees. Mr. Palmquist also suggested to increase the shade tree sizes on the landscape plan from 2" to 3". Mr. Lindbloom went over the Zoning Analysis Checklist with the Commission. Mr. Langland stated he felt this turned into a nice plan. Mr. Lanaland moved to approve to the city this Preliminary Plat subject to P.U.D. approval with the city ssu_bject to final engineering requirements with the comments made tonight. Mr. Crouch seconded the motion. On a roll call vote, all members present votina ayept Mr. Lindblom who abstained. Motion carried. PC 96-20 Fox Hollow/ Landmark America Preliminary Plan Attorney Tom Grant said conceptually, on a preliminary basis, they have finalized their plans. He showed the building layouts with an added a pedestrian walk way through the development. He said they have met almost all of the subdivision control requirements, with minor deviations. They have met the request of the Planning Council to have a concrete walkway along Rt. 71. The scope of the project has not changed with its 26 buildings, including the maintenance building. There will be 150 units, 1-2 bedroom for seniors only (55 or older)which will be restricted by P.U.D. He displayed the building layouts. 6 Planning Commission Minutes/ November 13, 1996 Mr. Grant thinks at this point they are ready to go to Economic Development and City Council. On a preliminary basis he asked for approval subject to engineering and P.U.D. Mr. Palmquist said the landscape plan submitted was sketchy and needed more detail. Adam Trott said the waivers requested have been reduced from 8 to 5 He has requested waivers for yards, front yard parking restrictions, sign illumination, landscaping/berming at the perimeter and for the 60 ft. right of way and 31 ft. wide road requirements. They are proposing a 28 ft.wide private road without a technical right of way. They will have 78 ft. of easement for utilities. He said they do not need the waivers for sidewalks on both sides anymore except for a stretch of 60 ft. on one side, building heights and off street parking. Mr. Grant said that the fire protection concerns and turning radius of the streets have been addressed. He said the streets will be brought up to city specs and will be privately maintained. This property is not annexed and they are requesting not to pay transition fees because they are a senior citizen development. There will be language restrictions of not allowing children. Mr. Grant said with the P.U.D. agreement the use of the property is restricted to 55 and older adding no students. This would have to come back to the city to be changed. He said if that would change in the future, the school fee would be payable at that time. Mr. Lindbloom went over the Zoning Analysis Checklist with the Commission. Ms. Lucietto said there were three motions needed : Annexation, Zoning, Preliminary Plan. Mr. Crouch moved for the annexation of PC 96-20, Fox Hollow Landmark America approval_ Mr. Pfister seconded the motion On a roll call vote, Mr. Lanatand, Mr. DocJcstader. Ma Lucietto- Mr. St Jules- Mr. Pfister and Mr. Crouch voting ao. Ms. Hornyan-Toftoy and Mr. Jones voting no Mr. Behrens voting present and Mr. Lindbloom abstained. Motion carried 6-2. Mr. analand moved to approve R-3 P U 13 Mr. Pfister seconded the motion. On a roll call vote, Mr. analand, Mr. Doc kstader Ms Lucietto, Mr. St. Jules and Mr. Pfister votina aye Ms Hornyan-Toftoy, Mr. Crouch, Mr. Behrens, and Mr. Jones votinagno, Mr. Lindbloom abstained. Motion carried 5-4. Ms Hornyan-Toftoy moved to approve Preliminary Plan subject to P.U.D., landscape plan and engineering Mr. Langland seconded the motion. On a roll call vote, Mr. Langlan"r. Dock tader, Ms Lucietto, Mr t, Jules, Mr. Pfister voting aye. Ms. Homyan-Toftoy, Mr. Crouch, Mr. Behrens and Mr. Jones voting no Mr. Lindbloom abstained. Motion carried 5-4. Mr. Grant asked why those voting no did so. Mr. Behrens stated his concerns that there is no left turn lane and IDOT has not even been contacted. He does not like that the property is close to the fairgrounds and does not think senior citizens can afford $1,000 a month in rent. He also questioned what will be done with the grass and snow. 7 Planning Commission Minutes/ November 13, 1996 Mr. Grant explained that there is a maintenance shed and they will take care of their own snow removal. He said these issues did not come up in discussion and the Forest Preserve is not interested in buying this land. Mr. Jones stated that senior citizens historically vote against school referendums and this could be bad for the school district. Mr. Crouch said there seems to be an abundance of Senior Housing approaches coming before them, and his vote has nothing against the quality of the proposed development. He is also concerned about lack of a left turn lane. These people would be a distance from the city, will be driving and the potential of that danger. PC 96-21 Keith Kuczkowsk / Rezoning R-2 to R-2 Duplex P.U.D. Petitioner Keith Kuczkowski is requesting rezoning from, R-2 to R-2 Duplex P.U.D. The property is located at 330 E. Van Emmon and the owner is Bonnie Kuczkowski. Mr. Kuczkowski stated he believes that agreeable changes have been made. He said he would not discount the option of putting two single family houses and one duplex on those lots. Mr. Palmquist said this would be a P.U.D. with language that would be permissible for a single family unit. Mr. Nanninga said the Planning Council feels that their objective of saving the trees have been accomplished. Mr. Palmquist added this is a reasonable compromise. Jeff Spang asked about the center duplex unit being 80 ft. wide with 10 ft. side yard and questioned the setbacks. Mr. Langland stated his preference of seeing two single houses and one duplex being on lot#3. Mr. Palmquist said they are asking for an additional 7 ft. of right of way to get Van Emmon to 40 ft. from center. (It is 33 ft. now and as a collector road it is recommended to be 40 ft.). Mr. Crouch moved to approve the rezoning of PC 96-21 from R-2 to R-2 Duplex subjed to P.U.D. (including 7 ft right of may). Mr. Jones seconded the motion. On a roll call vote. Mr. Pfister, Mr. Crouch_Mr. Jones, Mr. Langeland, Mr. Dockstader, Ms. Lucietto, Mr. St Jules and Ms Hornyan-Toftoy voted aye. Mr. Behrens voted no. Mr. Lindbloom abstained. Motion carried 8-1. NEW BUSINESS PC 96-22 Luella Garling Trust/Collman - Preliminary and Final Plat Attorney Jim Olson represented the petitioner. He explained the property is on the southwest comer of Rts. 34 &47. The family desires the seperation so in the future they may sell the two buildings separately. Because of the history of the sales on this piece of property, it has to go through the subdivision process as required by the State Plat Act. There is a house on lot#2 and commercial buildings on lot#1. The access and easement was discussed. The property is not being put up for sale now. 8 • Planning Commission Minutes/ November 13, 1996 Mr_. Lindbloom moved for Preliminary approval contingent upon the easement. Mr. Crouch seconded the motion. On a roll call vote, ail members present voting aye except Mr. Pfister who abstained. Motion carried. Mr. Crouch asked that in the future that a descriptive statement being included. Mr. Lindbloom moved to approve the final plat. Mr. Crouch seconded the motion. On a roll call vote, all members present voting aye, except Mr. Pfister who abstained. Motion carried. Mr. Lindbloom moved to ao*oum the meeting. Mr. Crouch seconded the motion. On a voice vote, all members present voting aye. Motion carried Submitted by, Sheryl Washburn Recording Secretary 9