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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 2 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. 3 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 4