Plan Commission Minutes 1990 04-18-90 r
MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF
THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS
HELD AT THE KENDALL COUNTY BOARD ROOM
APRIL 18, 1990 7:00 P.M.
Chairman Harold Feltz called the April meeting of the Plan Commission to order.
The following members were present:
Harold Feltz, George Stewart, Clarence Holdiman, Don Ament, Larry Langland,
Sandra Adams, Kevin Coltman, Ken Johnson
Absent: Gail Digate, Tom Lindbloom, Dave Greiter, Louis Nauman
Others present: Mayor Davidson, Fran Klaas, Jim Clarage, Jim Olson, Attorney
Tom Grant, Jeff Storm, Bob Fey, and citizens present as
listed on the sign-in sheet on file with the minutes.
Minutes from the March meeting were reviewed and approved. The motion was made
by Ken Johnson; the second was by Clarence Holdiman. Voice vote carried.
The Public Hearings scheduled were then opened for discussion. Mr. Feltz asked
for anyone wishing to speak to be sworn in. (Minutes of the Public Hearings are
listed separately)
After the Public Hearings were conducted, the regular meeting resumed with the
introduction of the first petition on the agenda:
PC90-13 -- REZONING R-1 TO R-3 - HELEN JO CLARAGE - 214 W. RIVER ST.
Mr. Clarage and Mr. Langland abstained from any discussion pertaining to this
petition.
Attorney Tom Grant stated that a petition on this property presented about a year
and a half ago received a favorable recommendation from the Plan Commission with
a PUD R-4 zoning classification. Tonight's request is for R-3; this appears to
be the most appropriate classification for the property. He further stated that
the development would be well within the density requirements, that access would
not present a problem, and that parking facilities would be acceptable. Therefore
he is asking for a favorable recommendation on the behalf of the petitioner.
Mr. Clarage referred to his previous attempt to develop this property and his
promise not to move ahead until he had attempted to satisfy the concerns of the
adjacent neighbors. For this reason the project was reduced to a 4-unit development.
He understands the concerns of the public and thinks their main objection is with
the existing condo development next door. He maintains that his proposal would be
an asset rather than a detriment to the area and would be a step toward improvement
of a now problem area.
Mr. Collman expressed concern with the balcony decks being too close to the san-
itary district property. He thought that a duplex would be the maximum structure
that should be allowed.
In response to Mr. Stewart's question on footage requirements, it was verified
that a 4-unit structure would meet the requirements.
MINUTES OF THE PLAN COMMISSION -- APRIL 18, 1990 PAGE 2
The question of access of emergency vehicles was discussed; Mr. Clarage stated
the side yard allowance was sufficient. Chairman Feltz gave the opinion that
a suitable development could act as a buffer between the existing buildings and
the sanitary district. It was also noted how this project had changed since the
first presention. (from the original 7-unit proposal to the now improved 4-unit
structure)
Kevin Collman made the motion to recommend approval of the R-3 zoning on the
property located at 214 W. River St. The second was given by George Stewart.
Roll call rejected the motion as follows:
Johnson - No Coltman - No Adams - No Ament - Yes
Holdiman - No Stewart - Yes Feltz - Yes Langland - Abstain
PC90-14 -- ANNEXATION & ZONING TO B-3 -- SADET XHABIRDSKI A/K/A SADAT & TAMANE
XHABIRI (ALI'S RESTAURANT) - ROUTE 71 & 47 - SE CORNER
It was noted that this annexation and zoning was requested by the City. Mayor
Davidson stated that city sewer would be extended south to the intersection of
Rts. 47 & 71 at the expense of developers and property owners.
Larry Langland made the motion to recommend approval of the annexation and zoning
to B-3 of Ali 's Restaurant at the corner of Rts. 47 & 71. The second was given
by Sandy Adams. Roll call vote carried as follows:
Collman - Yes Adams - Yes Langland - Yes Ament - Yes
Holdiman - yes Stewart - Yes Feltz - yes Johnson - yes
PC90-15 -- ANNEXATION & ZONING - GROMARK To be corrected & republished
PC90-16 -- ANNEXATION & ZONING TO B-3 -- GERALD & RUTH LAWYER - ROUTE 71
This was not requested by the City; the Lawyer's approached the City & requested
annexation. Chairman Feltz stated that this would fit the master plan.
The motion to recommend annexation & zoning of the Lawyer property on Rt. 71
was made by Sandy Adams; the second was by Don Ament.
Mr. Collman asked if there would be a potential problem if a business goes in
next to Harris Forest Preserve. It was suggested that "B" zoning would be
more appropriate than residential zoning and fits with existing zoning. Collman
maintains that certain business uses could have an adverse effect.
It was stated that the annexation only could be approved if the B-3 was not
appropriate in the opinion of the Plan Commission. Mr. Lawyer stated that he was
interested in the annexation and would handle the zoning later. He would accept
B-1 zoning at this time.
The motion and the second were amended to accept B-1 rather than B-3 zoning.
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MINUTES OF THE PLAN COMMISSION -- APRIL 18, 1990 PAGE 3
Feltz -Yes Stewart - Yes Holdiman - Yes Ament - Yes
Langland - Yes Adams - Yes Collman - Yes Johnson - Yes
Roll call vote carried the motion.
PC90-17 -- ANNEXATION & ZONING TO B-3 - HEARALD & ALBERTA BROWN (BROWN'S MOTEL)
ROUTE 71
It was noted that this annexation & zoning was at the request of the City.
The motion to recommend approval of the annexation & zoning to B-3 of Brown's
Motel was made by Larry Langland. The second was given by Sandy Adams. Roll call
carried as follows:
Holdiman - yes Ament - yes Langland - Yes Adams - Yes
Collman - Yes Johnson - Yes Feltz - Yes Stewart - Yes
PC90-18 -- ANNEXATION & ZONING TO R-2 - BARRY J. NILES OF DANBRIDGE DEVELOPMENT
CORP. - PRAIRIE PARK SUBDIVISION
George Stewart abstained from participation in this discussion.
This development was presented as a PUD project concerning the duplex zoning.
This measure would insure that no more than the specified number of duplex struc-
tures would be built and could also include any other concerns or recommendations
of the Plan Commission, i.e., park or recreational areas. Mr. Langland was concerned
that the PUD notation be reflected clearly to prevent any future uncertainty;
the Mayor verified that it would be stated.
The other concern was with the school and it was verified that this would be
negotiated. Other concerns such as sufficient lot size for duplex and how this
property would meet the St. Pat property were discussed.
Mr. Niles stated that the road easement would be entirely on the Prairie Land
property with room for a sidewalk also. Mayor Davidson asked about the easement
for a storm sewer on the St. Pat property; it is uncertain if it was recorded
as such. Chairman Feltz questioned the park area. Mr. Niles said that it would
be an open grass area with no playground equipment provided. It would also
include the detention area.
Fran Klaas asked if development would proceed in phases. Mr. Niles stated that
he would prefer to do all of it; this could be accomplished if some lots are
pre-sold. If lot sales are sluggish, then sewer & water would be extended and
the north end of the property developed first.
Sandy Adams gave her opinion against the concentrated area of duplex units. This
type of unit often becomes rental and is not as well as maintained. Mr. Niles
stated that the intent was to have the units owner occupied; each half of the
unit could also be sold individually. The need for affordable housing was again
discussed by both Mr. Niles and members of the Plan Commission.
PLAN COMMISSION MINUTES -- APRIL 18, 1990 PAGE 4
The motion to recommend approval of the annexation & zoning of the Prairie Park
Subdivision to R-2 with R-3 PUD pertaining to lots 12 through 23 (duplex) subject
to negotiated school fees agreement, engineering, receipt of copies of the PUD
agreement, & indication of recreational green area on the preliminary plat was
made by Larry Langland. The second was given by Clarence Holdiman. Roll call vote
carried the motion:
Ament - Yes Langland - Yes Adams - No Coltman - Yes
Johnson - Yes Feltz - Yes Holdiman - Yes Stewart - abstain
PC90-19 -- FINAL PLAT - WOODWORTH ESTATES - PHASE 4
Attorney Grant stated that the following change as requested by the Plan Commission
will be shown on the final plat: the allowance of a 60' easement for a future road
which will stay open for 10 years; a 10' utility easement on each side. If the
road is not put in within 10 years, then the easement will revert back to the
property owner. Mr. Woodworth explained the layout of the entire parcel.
Larry Langland made the motion to recommend approval of the final plat of Phase 4
of Woodworth Estates with the addition of the 20' permanent utility easement and
the 60' future road easement for 10 years or until the adjacent property is platted
& evidences no need of the easement & the provision that Mr. Feltz be authorized
to sign the final plat. The second was by Don Ament. Roll call vote carried:
Stewart - Yes Holdiman - Yes Ament - Yes Langland - Yes
Adams - Yes Collman - Yes Johnson - Yes Feltz - Yes
PC-20 -- KENDALL COUNTY REZONING AG TO R-3 - KEITH VANDUYNE - FOX RIVER GARDENS
Jim Olson described the property as originally platted in 1927 at which time all
lots were 2-3 acres; there are currently 7 homes along the river and the rest
of the area has been farmed over. Existing roadways include Yorkville Rd.
(private road) and Kendall Dr. (private road on the original plat but never built) .
Lots 189, 190, 184, 185 could now be issued building permits by the County with
no problem.
The VanDuynes want to develop into 6 lots meeting current residential standards.
They would provide for the improvement of Yorkville Rd. by contributing to a
trust fund set aside for the Township -- $5000 at once and $1000 per lot when
building permits are issued. The monies would be used when the Township elected
to take responsibility for the roadway. At the time Spring St. is extended
through the Taus property it would line up closely with Yorkville Rd.
Existing access problems for school buses & emergency vehicles were pointed out.
The only actual Township road at the present is Tuma. Chairman Feltz stated that
it was difficult to understand the layout offered with regard to access and road
configuration. Also discussed was the layout of the land in the entire area as a
troublesome situation. Consideration should be given to access, easements for
future use, school fee negotiation.
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MINUTES OF THE PLAN COMMISSION -- APRIL 18, 1990 PAGE 5
It was stated that the problem with recommending approval of the zoning being
requested concerned the inadequate access.
The question of ownership & maintenance of the private roadway was discussed.
Chairman Feltz stressed the importance of good access as necessary to granting
zoning. The argument from the owner was that presently four residences could be
built with no change in zoning. The alternatives are to come back to the Plan
Commission after further research into issues at hand or to accept the vote on
the issue as now presented.
The main concern is that the proper road easements back to Tuma Rd. be provided
at a 60' minimum. The owner is agreeable to ask for a vote with approval subject
to provision of proper easement. Issues under consideration are as follows:
1. School agreement
2. Future annexation when contiguous agreement
3. 60' roadway easement (widening 5' on each side)
4. Utility easements for future sewer and water
5. Access to interior lots other than by extended private drive
6. Donation to road fund as earlier stated
George Stewart made the motion to recommend approval of the rezoning from AG to
R-3 of the VanDuyne development subject to the six issues indicated above. The
second was given by Larry Langland. Roll call vote carried as follows:
Adams - Yes Collman - Yes Johnson - yes Feltz - yes
Stewart - Yes Holdiman - Yes Ament - Yes Langland - Yes
PC90-21 -- KENDALL COUNTY - PRELIMINARY PLAN - JOHN BAZAN - KENNDEDY. ROAD
It was stated that this property is located .9 miles east of the intersection of
Rt. 47 & Kennedy Rd. and consists of just under 10 acres. When it was before the
Commission last July, two recommendations were made: (1) the donation of a 33'
easement from the center of Kennedy Rd. , and (2) the widening of Christie Lane.
Utility easements are provided and the standard annexation when contiguous agree-
ment will be provided. With no further discussion apparent, the motion to recommend
approval of the preliminary plan with the addition of the annexation agrement
clause and negotiation with the City on behalf of the school district, was made by
Larry Langland; the second was by Sandy Adams. Roll call vote carried:
Langland - Yes Adams - Yes Collman - Yes Johnson - Yes
Feltz - Yes Stewart - Yes Holdiman - Yes Ament - Yes
The Stan Zepelak request that had been added to the agenda was tabled due to lack
of representation. The motion to adjourn the April meeting was made by George
Stewart and seconded by Ken Johnson. Meeting adjourned at 10:15 P.M.
J anne M. Ellertson, Recording Secretary
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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
APRIL 18, 1990 7:00 P.M.
Chairman Feltz opened the Public Hearing with the swearing in of anyone present
wishing to contribute to the hearing. Plan Commission members in attendance are
listed in the regular minutes; citizens in attendance are listed on the sign-in
sheet filed with the minutes. Mr. Clarage stepped down from his position with the
Plan Commission for the discussion of the first hearing:
REZONING R-1 TO R-3 -- HELEN JO CLARAGE -- 214 W. RIVER ST.
Attorney Grant presented the petition. It was stated that this property does not
meet present R-1 zoning requirements (one acre lots) . These lots are 25,750 sq. ft.
Tonight's request is for a zoning change recommendation; presented is a concept
plan and it is noted that the petition will go before the zoning board of appeals.
Discussion should also include the issue of the variations to be requested. It is
the opinion of the applicant that R-3 zoning appears to be the best classification
for the use of the land; it does not fit with present specifications for R-1 and the
property to the east is zoned R-3 (Yorkville Condos - an extremely dense area) . It
appears that the property does not fit R-2 single family classification because
of the neighborhood and the property to the east.
Variations to be asked for will include the following:
1. R-3 requires 90' width at set back line; these lots are 87 ft. at the
setback line and will require a variance
2. R-3 also requires a 30' front yard; variance requested will be for 28'
off the property line for the north foundation line.
3. A variance to allow a guest parking area in the front yard will be requested.
This will solve the problem of River Rd. parking.
4. The building would fit specifications without a variance; however, the
plan is to construct a 4-car garage to accommodate units 3 & 4 one foot
from the lot line thus permitting greater turn around area and allowing
the construction of an additional garage. (east line variance) . The
west line variation will take the construction within 3 feet from the
fence line of the Sanitary District.
The plan purposely positions the development as far to the west as possible to
keep as much distance as possible from the existing building. The barrier is
approximately 22 feet. When this was presented a year and a half ago, the
concern was that the structure would be within 10 feet of the building to the
east. That plan called for a 6-unit condo development and would have retained the
cottage on the property. Due to adverse response from the Commission, the plan
was altered to 5-units and finally to the present 4-unit structure. Tonight's
request is for zoning that would permit what they believe to be the highest and best
use of the land.
Chairman Feltz asked for comments and concerns from the public.
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MINUTES OF THE PUBLIC HEARING - APRIL 18, 1990 PAGE 2
Tom Lindbloom --
Mr. Lindbloom is a regular member of the Commission unable to take part in
tonight's meeting, but wished to express his concern as a member of the
public. He noted the problem already created for fire protection by the
existing apartments on the adjacent property. It is virtually impossible to
get equipment to the river side of the units and it appears that the proposed
development would only add to the problem.
Bert Erickson --
Mr. Erickson referred to the master plan and also to the existing zoning
ordinance as an example of the adverse effect the proposed development would
have on the area. It is his opinion that construction of additional apartment
units should be prohibited in the city. Mr. Erickson was cautioned to keep
all comments factual and to avoid personal attacks.
Attorney Grant asked if Mr. Erickson had phoned both his office and Mr.
Clarage's office with the question of purchasing the existing property;
Mr. Erickson verified that he had.
Richard Seifried --
His concern is with visual impact on the area and the adverse effect on the
economic value. The area is primarily single family residences and he does
not see how a development such as is proposed could be favorable. Also, the
location of the garages would not enhance the area. A duplex may not cause
such resistance.
Speckman Richard& Andrea --
Chairman Feltz introduced a letter submitted by the Speckmans to voice their
objections to the proposed development. Concerns are summarized as follows:
1. Additional density problems to already strained conditions created
by "York Valley" apartment complex.
2. Additional facilities will compound existing overcrowed parking
conditions with no solutions evident.
3. Access to complex will create additional traffic congestion.
4. Site is not large enough to support proposed R-3 complex.
Requested variations from zoning ordinance prove inadequacy.
5. Location between existing condos and Sanitary Plant facility would
render dwellings undesirable for sale as condos; would end up as
rental units by default.
6. Additional rental units in an already dense area will further
devalue adjacent properties.
(Original letter is on file with the minutes. )
With no further comment evident from the public, Chairman Feltz closed the
Public Hearing on the rezoning of 214 W. River St.
MINUTES OF THE PUBLIC HEARING - APRIL 18, 1990 PAGE 3
ANNEXATION & ZONING TO B-3 -- SADET XHABIRDKI A/K/A SADAT & TAMANE XHABIRI
(ALI'S RESTAURANT) - RTE. 71 & 47 - SE CORNER
Mayor Davidson .stated that this annexation was at the request of the City. There
was no comment offered by the public and this hearing was closed.
ANNEXATION & ZONING TO B-3 -- GROWMARK - NE CORNER ROUTE 47 & 71
Mayor Davidson noted a problem with a misprinting of the requested zoning
classification. The correct designation is M-1. This will need to be republished
and a new hearing scheduled. This hearing was closed.
ANNEXATION & ZONING TO B-3 -- GERALD & RUTH LAWYER - ROUTE 71
No comment from the public was offered. This hearing was closed.
ANNEXATION & ZONING TO B-3 HEARALD & ALBERTA BROWN - (BROWN'S MOTEL) - ROUTE 71
The annexation & rezoning of this property is at the request of the City.
With no comment from the public offered, this hearing was closed.
ANNEXATION & ZONING TO R-2 -- BARRY J. NILES OF DANBRIDGE DEVELOPMENT CORP. -
PRAIRIE PARK SUBDIVISION
Mr. Niles indicated that the lot layout was primarily the same as last presented.
The main change was with lots 12 through 23 now being designated as duplex area.
Chairman Feltz read a letter from Attorney Dan Kramer to Attorney Tom Cross in-
dicating that he would prepare a PUD agreement between Mr. Niles and the City of
Yorkville on his return from vacation concerning this issue.
Concern for the impact of additional rental properties on property values and also
on the existing schools was voiced by Dan Felton, property owner on McHugh Rd.
Mr. Niles stated that the duplex area would not be adjacent to nor would it affect
the residential properties along McHugh Rd.
Mr. Niles further indicated his willingness to negotiate with the school district
regarding a request for applicable fees. Mayor Davidson stated that this type
of negotiation will be held with all developers before the property actually
comes as a request before the City Council. Dale Woodworth commented that we may
be making new developments pay for past mistakes. The Mayor stated that it was
not the intent to solve the financial problem now existing, but to prevent the
present situation from becoming worse.
Jackie Tilton questioned the ratio of private dwellings to duplex structures.
Mr. Niles stated that of 65 total lots, 12 would be duplex. June Bryant expressed
concern with additional traffic in the area.
With no further comment offered by the public, Chairman Feltz closed the Public
Hearing session of the Plan Commission.
April 16 , 1990
TO: PLANNING COMMISSION OF THE UNITED
CITY OF THE VILLAGE OF YORKVILLE
Kendall County Courthouse Office Bldg.
110 W. Ridge Street
Yorkville, Illinois 60560
RE: HELENJO CLARAGE APPLICATION FOR REZONING R-1 TO R-3
PARCEL NUMBER 02-32-231-003
214 RIVER STREET; YORKVILLE, ILLINOIS
As adjacent property owners, this letter is notification of our
objection to approval of the above referenced application.
Arguements against petition include but are not restricted to the
following:
1. Proposed (4) residential dwellings would present additional
density problems to already strained conditions created by
the "York Valley" apartment complex.
2. Existing overcrowded parking conditions have created problems
without solutions. Additional facilities will only compound
present demands.
3. Access to complex will generate additional traffic congestion
to an already dangerous street condition.
4 . Site is not large enough to support proposed R-3 complex.
The further application to request variations from zoning
ordinance should elude to its inadequacy.
Proposed 6 foot high fence or wall around the entire peri-
meter would also indicate location is somewhat less than
desireable.
5 . Location between "York Valley" apartments and Yorkville-
Bristol Sanitary Treatment Plant Facility would render
dwellings undesireable for sale as condominiums. Therefore
one must assume they would end up as rental units by default.
6 . Additional rental units in an already dense living develope-
ment will further devalue adjacent properties.
Although adjacent real estate is zoned R-3 , the mere existence of
that property should not constitute sufficient reason to approve
this application. We respectfully request the planning commission
not give their approval to this rezoning application.
Respectfully Submitted,
Richard and Andrea Speckman
203 ing treet; Yorkville, Illinois
Date
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