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Plan Commission Minutes 1990 08-15-90 MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT THE KENDALL COUNTY BOARD ROOM AUGUST 15, 1990 7:00 P.M. The August meeting of the Plan Commission was called to order by Chairman Harold Feltz with the following members in attendance: Harold Feltz, George Stewart, Clarence Holdiman, Sandra Adams Kevin Collman, Anne Lucietto (Ms. Lucietto accepted the position vacated by Dave Greiter) Absent: Don Ament, Lawrence Langland, Gail Digate, Tom Lindbloom, Louis Nauman, Ken Johnson Others present: Mayor Davidson, Jim Olson, Robert Lee, Richard Huston Attorney Tom Grant, and interested citizens as listed on the sign in sheet on file with the minutes. Minutes of the May Plan Commission meeting were approved as written; motion by Clarence Holdiman, second by Sandy Adams. The Public Hearings scheduled were then conducted (minutes separate) and then the regular meeting resumed with the first petition on the agenda: PC90-27 - ANNEXATION & ZONING TO R-2 BY RICHARD HUSTON AT 509 E. SPRING ST. This is requested land use change from County to City. Mr. Clarage suggested that this was consistent with land use and density within the area; but the pre-annexation agreement should include a variance to lot size (26,900 sq. ft. ) to avoid any potential future problem. George Stewart made the motion to recommend approval of the annexation and zoning to R-2 by Richard Huston at 509 E. Spring St. with adequate nomenclature related to the size and the pending use of the property. Sandy Adams seconded the motion. Roll call vote carried as follows: Holdiman - yes Adams - yes Collman - yes Lucietto - yes Feltz - yes Stewart - yes PC90-28 - ANNEXATION & ZONING TO M-1 BY ROBERT E. LEE - ROUTE 47 Mr. Clarage questioned whether M-1 was really proper in consideration of the fact that it was directly behind Elizabeth St. He asked if perhaps something could be worked out to help alleviate some fears of the residents of the area. Harold Feltz also inquired about this particular zoning. Mr. Lee commented that he had potential customers looking for this type of zoning and that there was not enough land with that zoning readily available for de- velopment. Mayor Davidson voiced his opinion on the dilema of the proper buffer to be accepted between business property fronting the highway and existing residential areas. The present office zoning with special use on the present business property was discussed. Also presented was the possibility of a P.U.D. PLAN COMMISSION MINUTES - AUGUST 15, 1990 PAGE 2_ Objections were heard from members Adams and Collman with M-1 zoning on this piece of property. George Stewart stated that the property does not have enough space to make proper transitions from each type of zoning sector. He feels that allowing heavier usage and containing it within this particular area would be a favorable plan; the size alone will impose a natural restriction on the type of use. It was further stated that the comprehensive plan shows this as residential; however, the property would not be as marketable as such, given consideration to the present office complex and access into the parcel in question. Mayor Davidson commented that business development needs to become an active part of the progress of the city; limiting to residential progress only will not help solve the problem of climbing taxes. Discussion followed on the overall petition; 12 lots are involved with lots 1, 2 10, 11, 12 already zoned B-3; lot 9 is half and half; lots 3, 4, 5, 6, 7, 8 need the zoning. (The back 6 lots and half of lot 9 is the portion in question for the M-1 zoning. ) Also questioned was the easterly part of lots 3 and 4 being in B-3 zoning at present. George Stewart asked for comments from Jim Clarage. Regarding the road, he would have to be opposed to an 80' industrial street heading to residential lots. One suggestion would be.a realignment of lots 3, 4, 5, 6 to eliminate the road. Mr. Stewart commented on the need for the road to avoid land locking the other property. In view of that, Mr. Clarage stated that consideration should be given to what the future use of the area to the north would be; in another year the commission could be faced with this same type of discussion. Tonight's recommendations regarding land use could affect future petitions. It was suggested that the agreement could include specifics as to a buffer area. Comments relative to appropriate uses followed, with the general opinion being that R-3 or R-4 would not fit well; that the area is going' to be difficult to develop; that the proposed road would have to stay in the plan; that problems will exist with whatever use is finally approved. George Stewart made the following motion: recommend approval of the annexation and zoning to M-1 by Robert E. Lee, Rt. 47, lots 3, 4, 5, 6, 7, 8 and to note the need to realign the boundaries of lots 3, 4, and 9 to take care of the 10 acre limitation; and with consideration given to the definition of the type of uses under the M-1 zoning. The motion was seconded by Anne Lucietto. Roll call vote carried as follows: Adams- yes Collman - no Lucietto - yes Feltz - no Stewart - yes Holdiman - yes PC90-29 - REZONING R-1 TO R-3 BY HELENJO CLARAGE - 214 W. RIVER ST. Jim Clarage stepped down from the Commission for this discussion. Attorney Grant asked that the Commission take into consideration his comments during the Public Hearing. He also added that, in his opinion, Jim Clarage and his wife have done a superb job in trying to address all considerations and objections voiced by the Plan Commission, area residents and the Yorkville ._ Bristol Sanitary District. PLAN COMMISSION MINUTES - AUGUST 15, 1990 PAGE 3 It was restated that they believe the present plan to be for the best use of the land and the 3-unit is the least that is economically feasible for Mr. Clarage. Plan Commission members Feltz and Adams felt that Mr. Clarage accomplished his goal and had done so by co-operating with everyone involved and attempting to address all concerns. Discussion followed on the issue of the fencing and the reasons behind the request. It was also stated that this plan was originally under a P.U.D. agreement when first introduced two years ago. Attorney Grant stated that it was necessary for reason of density originally to consider as a P.U.D. , but there was no such agreement at the present time. George Stewart made the motion to recommend approval of the rezoning R-1 to R-3 by Hel.enjo Clarage, 214 W. River St. The second was given by Sandy Adams. Roll call vote carried as follows: Collman - no Lucietto - no Feltz - yes Stewart- yes Holdiman - yes Adams - yes PC90-30 - REZONING R-2 TO R-3 P.U.D. BY THOMAS SCHIFFLEGER - BRISTOL RD. No one was in attendance to present the petition; no discussion necessary. MAYOR'S COMMENTS: Mayor Davidson asked the Plan Commission members to consider meeting each month whether or not the agenda was full. This would be an opportune time to review the action taken on past petitions and to discuss such issues as the compre- hensive plan, City Council action, building trends, etc. George Stewart suggested that perhaps an overview of the past six month's Plan Commission meetings would be helpful. The Mayor stated that the new book of zoning ordinances and amendments would be available soon. Members in attendance were in favor of regular meetings. ADJOURNMENT The motion to adjourn was made by George Stewart and seconded by Clarence Holdiman. Meeting adjourned at 9:40 P.M. Joanne M. Ellertson, Recording Secretary MINUTES OF THE PUBLIC HEARING OF THE PLAN COMMISSION OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE KENDALL COUNTY, ILLINOIS, HELD AT THE KENDALL COUNTY BOARD ROOM AUGUST 15, 1990 7:00 P.M. Chairman Harold Feltz opened the Public Hearing with the swearing in of those in attendance wishing to have the opportunity to speak during the hearings. Plan Commission members in attendance are listed in the regular minutes; citizens in attendance are listed on the sign in sheet on file with the minutes. PUBLIC HEARING - ANNEXATION & ZONING TO R-2 BY RICHARD HUSTON - 509 SPRING ST. Mr. Houston presented his petition stating the location of his property and the need for annexation. His position as City Treasurer requires that he live within the city limits; he is also requesting annexation for the purpose of hooking up to city water and sewer. One individual (not giving his name) questioned the normal procedure for honoring annexation requests and questioned the advisabilty of Mr. Houston purchasing property which he knew to be outside of the city. Dan Lutz then asked what factors determined whether or not to annex properties in any given area and if there were any plans in progress to annex the entire subdivision into the city. He was told there were not; the position of the present Council and Mayor regarding annexation were stated. Mr. Lutz questioned the creation of "holes" that could potentially force annexation. Kirby Woolens also stated a concern for forced annexation as well as a precedent being set by this annexation approval for City officials purchasing property outside the city limits to promote annexation. Mr. Houston again confirmed his reasons for requesting annexation stating that there were no ulterior motives for his actions. Hearing no further. comments, Chairman Feltz closed this hearing. PUBLIC HEARING - ANNEXATION & ZONING TO M-1 BY ROBERT E. Lee - ROUTE 47 Jim Olson and Robert E. Lee present the facts relative to this petition. The property is a strip of land between two parcels now owned by Mr. Lee and is south of the existing building. Present zoning is office with B-3 special use. The entire piece is 20 acres of which 10 are already annexed. Chairman Feltz submitted and read a letter of objection from concerned residents of Elizabeth Street for the following reasons: 1. That the Comprehensive Plan for this area calls for Single Family Residential Area. 2. That with M-1 Zoning directly behind Elizabeth to the south will decrease the property values. 3 That the already severe water problem existing on Elizabeth St. will be increased. PUBLIC HEARING - AUGUST 15, 1990 PAGE 2 4. That there is already more M-1 Zoning than needed - Industrial Park, Old Harker Parcel and Wildwood. This letter with some 21 signatures is on file with the minutes at the City Clerk's office. Also presented for filing was a letter from Mary Ohse voicing the following objections: 1. I live on Elizabeth Street and I do believe that property values will go down. 2. There is ample M1 property available in the Industrial Park and Wildwood subdivision directly across Highway 47. 3. The Original Comprehensive Plan calls for residential zoning in the area south of Elizabeth St. Chairman Feltz also stated that he had received a phone call from Larry Langland objecting for reasons of water flow, adequate adjacent M-1 zoning, and non- compliance with the Comprehensive Plan. Mr. Lee addressed the objections offering the following considerations: 1. There is presently no developed M-1 zoning available in Yorkville. 2. Regarding water flow -- retention will handle any problem. 3. The proposed zoning is the best use of the land; the location is 500-600' from the rear of the property owned by those objecting and he feels that they will not be affected. Elden Madden voiced his objections stating concern for going against the existing Comprehensive Plan and thus setting a precedent for development of the strip of land remaining that is adjacent to the rear of existing residential property. He also cited the present zoning requirement of 10 acres stating that the parcel is actually just under 10 acres. Another resident, Howard Johnson, asked about the reasons for and an explanation of just what a retention pond is; Mayor Davidson explained and noted that an additional retention area would be provided if zoning was granted and the property developed. Mr. Johnson also questioned the road apparently heading toward the existing residential property; this prompted discussion of access and land locking. Hearing no further comments, Chairman Feltz closed this hearing. PUBLIC HEARING - REZONING R-1 TO R-3 BY HELENJO CLARAGE - 214 W. RIVER ST. Mr. James Clarage stepped down and joined the public for this hearing. Attorney Tom Grant present the facts relative to this petition. The property is located on the south side of River St. , immediately west of the multi-family condo development, and immediately east of Yorkville-Bristol Sanitary District. The project originally was submitted approximately two years ago as a .7-unit plan (6 units plus the then existing residence) and was highly opposed. PUBLIC HEARING - AUGUST 15, 1990 PAGE 3 The plan was reduced to 5 units but still received opposition; next offered was a 4-unit proposal at the April Plan Commission meeting and that was rejected with split vote. This plan was taken before the Zoning Board of Appeals also asking for several variances; the Board would have accepted the variance requests. This same plan was discussed with Fire Department and worked out to alleviate those types of concerns. When taken to Council Committee there was still opposition to the 4-unit plan; discussion led to a proposed 3-unit concept. Attorney Grant stated that Mr. Clarage had done everything possible to present an acceptable plan for the property to the City. The current plan calls for 3 condo units with the following variances (receiving a favorable recommendation from the Zoning Board of Appeals) : 1. Front yard reduction from 30' to 2016" to accomodate the front garages. 2. Lot width at building line - 87' rather than 90' . 3. Allow parking in the front yard (where units 7 & 8 were originally shown, still providing a grassy area in front) . 4. Perimeter fencing on three sides of the property, including the front. Agreement with the YBSD provides for a 10' fence heading toward -the river. If a fence cannot be constructed due to being on the flood area, they will plant pine trees of at least a 7' height. In summary it was stated that all original major objections had been addressed: parking problems had been handled, fire questions satisfied, YBSD concerns discussed and agreements reached, and the classification for best use of the land is being requested. Richard Speckman disagreed with statements relative to the acceptance of the variances by the Zoning Board of Appeals. He voiced his objection to adding to already strained conditions; he feels that the proposed dwellings could, in his opinion, become the same as what is located next door. He further argued that if the property presently could not accommodate a single unit, how could it conceivably support a 3-unit structure? Attorney Grant stated that letters had been sent to all former objectors relative to this hearing so they could be present to voice any remaining objections. Hearing no further comments, Chairman Feltz closed this hearing. PUBLIC HEARING - REZONING R-2 TO R-3 P.U.D. BY THOMAS SCHIFFLEGER - BRISTOL RD. There was no one in attendance to present information to the public on this petition. The petitioner will have to come forward and request another hearing and the adjacent owners will be notified of any future hearing scheduled. Chairman Feltz closed the Public Hearing session of the Plan Commission meeting at 8:05 P.M. Joanne M. Ellertson Recording Secretary August 10, 1990 Mr. Harold Feltz, Chairman Yorkville Plan Commission 86 Parkway Drive Yorkville, Illinois 60560 re: M1 zoning south of Elizabeth Street, on the West side of Route 47 Dear Mr. Feltz, I understand a meeting of the Yorkville Plan Commission is scheduled for August 15th at 7:00 pm, and have a conflicting appointment for that evening and am unable to attend.. My reasons for concern and my objections are as follows: 1. I live on Elizabeth Street and I do believe that property values will go down. Z. There is ample M1 property available in the Industrial Park and Wildwood sub-division directly across Highway 47. 3. The Original Comprehensive Plan calls for residential zoning in the area south of Elizabeth Street. Respectfully, AQD Mary A. Ohse MAO/tg • 0 •VIII •/ • / • • • • • /' =• / ° Y 4/: a : • - - • • • "' II - a� • / •' / z • ti• • / /! / { • • •• PIPES, — la"Ill �r f F,F/A i P A I PUBLIC HEARING /SIGN-IN SHEET NAME ADDRESS 7�a mas J cS c l�mu n 803 P o R D 45 A�A�l 123 Pi9t�c CT Of r.l -- 4,J