Plan Commission Minutes 1997 06-11-97 PLANNING COMMISSION
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
JUNE 111 1997
The June meeting of the Plan Commission was called to order by Chairman
Tom Lindbloom at 7:00 P.M
Roll Call:
Members Present: Tom Lindbloom
Jack Jones
Anne Lucietto
Dale Homyan-Toftoy
Sandra Adams
Lawrence Langeland
Burton Callmer
Michael Crouch
Members Absent: Dave Dockstader
James St.Jules
Marty Behrens
Ralph Pfister
Clarence Holdiman
Chairman Lindbloom welcomed Chris Glick from the Lannert Group who is taking Jeff
Palmquist's place for a few months.
MAY MINUTES
Mr. Lanaeland moved to approve the May minutes as submitted. Ms. Adams seconded the
motion. On a voice vote all members present voting ave. Motion carried.
PUBLIC HEARING PC 97-6
Requesting a Special Use Permit to permit the sale of motor fuel as per Ordinance 10-7C-2
and a Special Use Permit for an automobile car wash as per Ordinance 10-7D-1, on property
zoned B-2 General Business. The applicants are Michael D. Mills and Greg LaDoe for Shell
Oil Company, holder of legal title is Charter Bank and Trust Co. as Successor Trustee-4o
Hanover Bank Trust No. 333 and the holders of the Land Trust are Nicholas Syregelas and
family. The property is located on the north west comer of Rt. 47& Rt. 34.
Chairman Lindbloom swore in those who wished to speak at tonight's hearing.
Walter Hainsfurther, of Kurtz Associates, 455 State St., Des Plains, represented Shell Oil
Company. Mr. Hainsfurther has the option to lease the property at the comer of Rt. 34 & Rt.
47. There was a previous hearing for Thorton Oil Company concerning this same property.
Shell has since taken over their rights to this property and have a lease that is in good effect.
He stated they are seeking to build a convenience store with an attached retail development,
two service station canopies and a tunnel basis car wash. They will leave a significant portion
of the lot for a future development partner, not yet identified. The major change over from
Thornton's approval is that they seek to be on the comer instead of the interior of the property.
Planning Commission 6/11/97
The Shell at New York and Eola is similar to this plan. He said they have their access permits
approved in concept by IDOT in a letter dated April 14, 1997. IDOT asked for the right inhight
out access to be more restrictive. They are ready to go when approval is given.
Mr. Hainsfurther said they have an application pending for the sale of beer and wine. They will
build this station if that if approved or not. The purpose of the drive up window will not be for
liquor sales, but for the retail partner.
Mr. Crouch moved to close the public hearing. Mr. Langeland seconded the motion. On a
voice vote, all members present voting ave. Motion carried.
OLD BUSINESS
PC 97-5 Green Briar Unit 3
Final Plat/PUD
Sig Vaznelis presented the overall revised plat of the phases. Chairman Lindbloom stated he
wanted to see where the connection is with Rt. 47. Mr. Wyrott said the plat itself is a good
document, but there are separate issues that need to be addressed by City Council.
Mr. Langeland addressed the tree destruction in the conservation area. He was concerned
about the trees that have been torn down in this conservation area, particularly along the north
side of the subdivision. He had gone there and measured the easement and is concerned that
there has been no follow up.
Mr. Wyrott did not think that this was something the City enforces and is not sure who has the
jurisdiction and would enforce this. The easements are not on common areas but on individual
private lots.
Art Prochaska stated it was part of the PUD for the developer. Mr. Wyrott said the plat does
not authorize or give jurisdiction over the easement to the City. Mr. Crouch stated at some
point prior to approval the City Council should have known in effect a conservation easement
is fruitless if it is not enforceable.
T.J. Hiles said the PUD can be enforced to preserve the conservation easement only for the
developer because he is the one who applied for the PUD. The contract is between the city
and the developer. The city does has jurisdiction but he does not know what to do to enforce
the easement. After the lots are sold to individual homeowners the easement will be shown in
the title insurance and survey. There is no ordinance set up to impose a fine on someone who
cuts a tree down on the easement The intent of the easement is to preserve as many trees
as possible. He said that some trees had to come down for the sewer and its impossible to
preserve every tree.
Mr. Langeland questioned what happened to the access east of the Clemens property. Mr.
Vaznelis showed that the access is noted on the plan as lot 165. This wiA not be city property
but the easement will allow the city to construct the road if necessary.
Mr. Wyrott said trees in the parkway is not a plat issue. He said there is an unresolved issue
with the developer concerning parkway trees. The developer states he is not responsible to
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Planning Commission 6/11/97
plant these trees and if the city wants them, the individual lot owners or builders can provide
them.
There was discussion of what the Plan Commission can recommend as far as landscaping and
PUDs. Chairman Lindbloom said he was troubled by the tone of the Planning Council minutes
and the issues outstanding with the developer.
Mr. Crouch reiterated that it would seem there's a differing opinion in terms of the
enforceability of the conservation easement and he thinks it should be enforced at least by the
parties that sign the document. Mr. Prochaska said that is a policy the Council needs to look
at. Mr. Callmer stated the developer should be made to replace the trees.
Mr. Vaznelis stated that when the engineering plans were approved and the PUD was passed
there was a subdivision ordinance in place. He said they have upgraded their plans and
explained the grading and basins they've done. Mr. Langeland expressed the concems on the
easement of lots#126-129. Chairman Lindbloom recommended the City Engineer look into
this and report back to the committee.
Mr. Langeland expressed concern of the retention pond on the west side of the subdivision.
Mr. Wyrott said a field file had been crushed and a replacement file has been put in. There is
still work needed to be done on a temporary field file in the northem section.
Mr. Jones moved to investigate the destruction of trees in the conservation area in all units.
Mr. Crouch seconded the motion. On a roll call vote, all members present voting ave. Motion
carved.
There was discussion in regards to a June 0 letter from Mr. Wyrott conceming water loops
and recapture. Chairman Lindbloom said they are interested in the 17 items in this letter. Mr.
Wyrott said all 17 items in the letter have been resolved. The other items such as water
looping and trees aren't mentioned and are not resolved. Chairman Undbloom asked for a
type of score card to be created to clarify the Planning Council's points.
Ms. Lucietto moved to recommend the approval of the final plat. Mr. Crouch seconded the
motion. On a roll call vote members votino no were: Ms. Adams, Mr. Crouch and Mr.
Langeland. Votino yes were Ms. Lucietto, Mr. Callmer, Ms. Homyan-Toftov. Mr. Jones and Mr.
Lindbloom. Motion carried 5-3.
Mr. Crouch moved to have a report back to the Plan Commission at the next meeting
enumerating the items left outstanding regarding Green Briar Unit III Final Plat PUD and
adjudication of how those issues were resolved. Ms. Homvan-Toftov seconded the motion.
On a roll call vote, all members present voting ave. Motion carried.
NEW BUSINESS
PC 97-6
Chris Glick stated there was not a landscape plan submitted. Mr. Hainsfurther said they were
told it was not necessary but they were willing to submit a plan. He said they use Hitchcock
Design from Naperville for landscaping. Mr. Glick said the side yard in the zoning ordinance
states it should be 20 ft. and they have only allowed 10 ft. next from the car wash to the lot line
next to the McDonald's. Mr. Hainsfurther agreed to adjust this if needed.
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Planning Commission 6111/97
Mr. Hainsfurther agreed to have designated employee parking places in the north if so
requested. He said this will be a pre fab modular building with a 24 hour operation. There will
be a sign on the canopy and not on the building. Mr. Glick asked to see a sign plan submitted.
There will be a dryer in the conveyor car wash and so there will not be a drying area. They will
use 80% recycled water with 3 big settling tanks that the water filters through. Everything is
recycled water except the final rinse.
Jeff Spang asked if Shell planned to have a dual presence with there already being a station
south of town on Rt. 71 & Rt. 47. Mr. Hainsfurther said someone from Shell will come and
address this. Mr. Spang said they also own the boarded up property on Rt. 126 and Rt. 47
and that we do not need another shuttered up gas station. Mr. Hainsfurther said he will talk to
Mr. Mills and notify the City Administrator. He said Shell will be spending $750,000 to$1M on
this comer. Mr. Jones suggested they keep with the"flavor"of Countryside using nicer siding
panels than presented.
Ms Lucietto moved to recommend to City Council to authorize the Special Use hermit subi�ct
to the concern of the exterior of the building, the landscaping plan to keep in the flavor other
buildings and the disposition of the other two sites in the area. Mr. Crouch seconded the
motion On a roll call vote all members present voting ave Motion carried.
ADDITIONAL BUSINESS
DIALOGUE MEETING
Mr. Callmer moved to have Chairman Lindbloom approach Mayor Johnson to set up a future
working meeting under the Open Meetings Act between the City Council and the Planning
Commission to open the lines of dialogue and to take a later poll to see if this is productive.
Mr. Crouch seconded the motion. On a voice vote, all members present voting ave. Motion
carried.
ADJOURNMENT
Ms. Homyan-Toftoy moved to adioum the meeting. Mr. Jones seconded the motion . On a
voice vote, all members present voting ave. Motion carried.
Submitted by,
Sheryl Washburn
Recording Secretary
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