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Plan Commission Minutes 1989 01-18-89 t MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD AT THE KENDALL COUNTY BOARD ROOM JANUARY 18 , 1989 7:00 P.M. The January meeting of the Plan Commission was called to order by Chairman Feltz with the following members in attendance: Harold Feltz Don Ament Mary Kay Price Larry Bretthauer Dave Greiter Dan Laube -Members absent: George Stewart Clarence Holdiman Lawrence Langland Rick Doetschman Kevin Collman Don Schoenfielder Also present for the meeting were Mayor Davidson, Fran Klaas, Bill Radke, Attorneys Tom Grant & Jim Olson, Jim Clarage, and petitioner Walz. The minutes of the previous meeting were presented & approved. The motion was by Don Ament & the second by Mary Kay Price. PC89-1 -- KENDALL COUNTY - PRELIMINARY PLAT - Walz Subdivision - Rt. 47 South of Legion Rd. Attorney Olson presented the following facts for consideration: 1. The property is located north of the AuSable International dealership. 2. The site plan presented is of the northerly lot (#1) & is to be used for offices. 3. The plan is for lot #3 to be split off & be owned by a partner. Mr. Walz will retain ownership of lots #1 & #2. 4. There is no zoning change being requested. (currently County B-2) Chairman Feltz asked where the street would eventually go. Mr. Olson stated that the road would be built through lot #1 & there would be provision for it to go to the northerly property line. In response to Mr. Ament's question about drainage, it was stated that each lot would have its own detention provision. Mr. Greiter expressed concern with whether or not there would be a turn around for snow plows, emergency vehicles, etc. Mr. Olson said that if necessary a -T- would be provided; for the office buildings planned, the parking lots would provide ample space for vehicles to turn around. It was suggested by Chairman Feltz that it would be desirable to include an overall view of future development possibilities. There may be a possibility of residential development to the left; Mr. Olson agreed with Mr. Feltz that such development could prompt alterations to the present plans. Chairman Feltz further suggested the standard annexation clause be added in the event the property should become adjacent to the city boundaries. It was stated the property would be served by well & septic, there would be 7' shoulders in lieu of curbs, and 24' wide blacktop road area. JANUARY PLAN COMMISSION MINUTES PAGE 2 Mr. Clarage stated that this would most likely come back before the Plan Commission at a later date with such things as the entrance & turn around provision addressed. Mr. Olson expressed that the petitioner intended to be flexible & to do whatever may be required. Dave Greiter asked for Mr. Clarage to comment with respect to the 1-1/2 mile subdivision area with business & commercial areas & state his opinion on the curb situation. Mr. Walz explained the storm sewer placement with respect to the drainage direction. Mr. Clarage stated that the final plat would clear up most questions regarding detention areas, easements, etc. He further stated that curbs or lack of curbs would not be considered a major concern in this type of parcel. Chairman Feltz summarized the concerns of the Commission as follows: the design of the adjacent property, the turn around, the easement for water retention, and the annexation provision. The motion to recommend approval of the Preliminary Plat of the Walz Subdivi- sion subject to the requirements of IDOT & with consideration given to the above concerns was made by Don Ament; the second was by Mary Kay Price. It was carried by roll call vote as follows: Feltz - yes Ament - yes Price - yes Bretthauer - yes Grei,ter - yes PC89-2 -- KENDALL COUNTY - REZONE A-1 to R-3 - Norm & Ted Graf - Fox Road Attorney Olson presented the facts relative to the petition. The property is the portion of the Charlie Pope farm north of Fox Road, about 25 acres. The Graf's own the entire farm; there are no plans for the southern portion, approximately 90 acres. The property lies just west of the Boy Scout Camp & they wish to develop into residential property. Mr. Olson discussed the road placement, both east & west, providing good sight distance both ways. Mr. Olson referenced soil conditions on the property and the detention area which would be south of the railroad tracks. Chairman Feltz asked where the lots would front. Attorney Olson said that no lots would access Fox Road directly. Mayor Davidson questioned what would happen if lots #15, 16, 17 & 18 were not built on; Jim Olson said the plat would show a turn around provision. Jim Clarage suggested considering a cul-de-sac between lot #17 & #18. Mayor Davidson. expressed concern with excessive circular turn around areas. He suggested the possibility of bringing a road straight through and having one of the entrances hook back into it in a horse shoe manor to give some continuity to the property layout. Attorney Olson said that the issue of privacy also enters into the overall plan. Chairman Feltz suggested the possibility of moving the cul-de-sac for the west branch somewhat to cover more lots. Overall concern is with the uncertainty of the development of the adjacent property. Mr. Clarage suggested that the federal wetland maps be viewed to verify if a special permit was necessary to cut through the area. Chairman Feltz asked that the annexation provision be included. JANUARY PLAN COMMISSION MINUTES PAGE 3 Chairman Feltz stated that the primary issue at this meeting was re-zoning; however, it was a good opportunity to give the viewpoints of the Commission to the petitioners. Dave Greiter asked if it was necessary to hold a public hearing for this type of petition. Attorney Olson stated that the County would require one; this will be before the County in about six weeks. The motion to recommend approval of re-zoning from A-1 to R-3 was made by Don- Ament and the second was by Larry Bretthauer. Voice vote carried as follows: Ament - yes Price - yes Bretthauer - yes Greiter - yes Laube - yes Feltz - yes PC89-3 -- WOODWORTH ESTATES - Revision of Phase 3 Attorney Tom Grant presented the. The property in question has previously been annexed into the city. Part of the annexation agreement included the sub- mission of the preliminary plat for Phase 1. Tonight's request does not affect Unit 1; it does, however, affect the layout of Unit 2 & Unit 3. The cul-de-sac from Bruell and over has been eliminated. Instead the entrance will be Ridgeway Drive running into what will become Woodale Drive. Bruell will be short street with a small cul-de-sac. It was acknowledged that the number of lots could have changed from the original plans. The petitioner is looking for a recommendation on the revision of Unit 3 & also the minor revision of Unit 2. This is still in preliminary plat stage. Mr. Clarage suggested that an overall preliminary be presented to clarify for the record any changes that were made. Attorney Grant assured the Commission that it would be. Dave Greiter questioned the difference of inlet / outlet as it differed from the original plans that were discussed. Larry questioned further the traffic flow and the possibility of the outlet being in line with Main St. The concern is that there be more than one outlet for the entire subdivision. Mayor Davidson stated that there would be three ways out of the subdivision by summer -- Spring St. , E. Main St. , McHugh Rd. He expressed disapproval of the street designs in the present plan as it affected access by city vehicles (snow removal sited as one of the problems. ) Attorney Olson explained the privacy issue with relation to the park area. Larry Bretthauer stated the potential problems created for the fire department by layouts with cul-de-sacs such as this. Mr. Greiter's concern is that there are discrepancies between what is being presented now & what was previously agreed upon. Attorney Grant stated that issues such as access roads had been agreed upon several months ago. He further stated that the proposed revision was better then the first version. Chairman Feltz agreed. Chairman Feltz suggested that a conceptual approval of Phase 3 at this time & then approach the final approval of Phase 2 & 3 at the same time. Attorney Grant stated that it be informally recommended that the petition be placed on the agenda for February. The motion to recommend approval of the revision concept with Woodale extending to Bruell and that the plan be brought back before the commission at a later date was made by Mary Kay Price; the second was by Dan Laube. Voice vote carried the motion as follows: JANUARY PLAN COMMISSION MINUTES PAGE 4 Price - yes Bretthauer - yes Greiter - yes Laube - yes Feltz - yes Ament - yes Note: some discussion relative to notification of adjacent property owners preceded the vote. Attorney Grant stated that he would be agreeable to such notice being given before the next meeting. It was stated that the Plan Commission was not asking that thiz be done. PC89-4 -- FINAL PLAT - Woodworth Estates, Phase 1 Attorney Grant presented the petition stating that the final plat conformed to the preliminary plat with one exception -- the renumbering of lots to provide se- quential continuity. They also would ask that the usual proviso that the Chairman of the Commission be authorized to sign the final plat once the Mayor & the City Engineer had signed off on the plat. Fran Klaas stated there were no engineering problems evident. It was stated that the development was in complete compliance with the subdivision ordinance. This would be the final opportunity for the Commission as a whole to view the plat. Chairman Feltz asked for any recommendations or discussion to be presented. The motion to recommend the approval of the final plat was made by Dan Laube; the second was by Don Ament. Roll call vote carried as follows Bretthauer - yes Greiter - yes Laube - yes Feltz - yes Ament - yes Price - yes PC89-5 -- REZONING B-2 to B-2 Special Use RE: Apartments over Business by Sanchez - 101 S. Bridge St. - Continued from PC88-33. Attorney Tom Cross submitted a new drawing which he stated addressed the main concerns expressed at the time of the last presentation to the Plan Commission. 1. All windows on the second floor will be replaced with casement windows. 2. Regarding parking -- ample parking is available in the rear. The property is owned as far as the Post Office. 3. It was verified that the present owners did own the land all the way to the riverfront. 4. Fire protection -- all city ordinances will be complied with. 5. The stairway in the back portion of the building will be incorporated into the elevator area. Mr. Clarage stated for the record that there would most likely be problems as far as fire protection was concerned. From a planning standpoint he thought the project was favorable overall. The special use zoning being requested would give the city the opportunity to set any quidelines they deemed necessary -- this could include any exterior improvements, paved blacktop areas for parking, etc. 1 ' 1 JANUARY PLAN COMMISSION MINUTES PAGE 5 For the purpose of reflecting on previous concerns of the Plan Commission, the minutes relative to the petition from both the Public Hearing & the regular Plan Commission August meeting were read. Dave Greiter voiced disagreement with the proposed project. He stated that the downtown area should remain business. He referred to an existing city ordinance prohibiting specifically the type of use being requested. Mr. Radke stated that the wording of the ordinance was ambiguous & that a clarification was under con- sideration at the present time as to what the ordinance actually meant. Mr. Greiter further stated that he had proposed such a project & had been told it was not allowed. He questioned whether others had also been refused such con- sideration. Mayor Davidson also stated the importance of determining the actual intent of the ordinance when adopted. The advice of City Attorney Dan Kramer would be a major factor in whether the ordinance could be amended or whether it would stand as printed. This fact was not apparent before this time & the existing conflict would prohibit . any decision on the petition at this meeting. Attorney Cross asked for some thoughts from the Commission as to where they would stand should the problems with the ordinance be resolved. Dan Laube asked about the feelings of existing businesses with respect to residential apartments being mixed with business units. Discussion followed as to what would happen to the existing residential rental units should they become vacant. Chairman Feltz asked for opinions from the Commission. In his opinion, the addition of such units would be favorable. Both Greiter & Bretthauer were against any such residential units being added to the downtown area. Don Ament questioned whether or not there would be ample parking; Chairman Feltz stated that 2 parking spaces per unit would be required. Both Price & Ament expressed favorable opinions on this type of use. Laube discussed with Chairman Feltz just how reasonable the units could be if allowed. Jim Clarage stated that commercial office areas on the second floor of such buildings were not favorable, especially where stairs were involved. At this point Chairman Feltz apologized to Attorney Cross for the inconvenience due to lack of pertinent information. UPDATE ON THE CLARAGE PROJECT Litigation has begun to force the issue of upgrading. Some owners are willing to upgrade & the litigation could force those in violation to comply. Based on the outcome of the proceedings, Jim will go ahead with development. At present the filing is of a private nature. Mayor Davidson added that the City is likewise involved in litigation to collect back water bills owed in excess of $20,000. SUPERWASH -- UPDATE ON PROBLEMS Attorney Olson asked to introduce an existing problem surrounding the above project. He introduced Mike Judd & asked that the Commission listen to him & offer any suggestions as to solving the problem. t ~ i JANUARY PLAN COMMISSION MINUTES PAGE 6 It appears that negotiations with Pizza Hut are at a standstill. This situation has been a problem over the past 6 months. It is the request of the petitioner to receive permission for the "right-in, right-out" entrance to the site. The urgency is compounded by the expiration of the contract to purchase. Mr. Judd stated that the intent was to pursue the issue with Pizza Hut; however, they needed assurance that another option was available. Mayor Davidson stated that an entrance would have to be provided; the city would do whatever possible to help resolve the issue & get Pizza Hut to at least sit down & negotiate. Fran Klaas stated that the special use B-3 zoning was granted only contingent on the agreement with Pizza Hut. If they wanted to put in a separate entrance, it would not necessarily mean that the special use zoning for the car wash would be automatic -- the lot could be sold as special use, but the issue would have to come before the Plan Commission again to approve car wash use. Mayor Davidson reaffirmed the position of the city in helping Mr. Judd to resolve the issue. ZONING AMENDMENT DECISIONS CHECKLIST Chairman Feltz asked the Commission members to review the zoning amendment checklist over the next few weeks. Any thoughts, additions or deletions would be welcomed. At least one-half hour of the February meeting would be set aside for discussion. The motion to adjourn was made by Don Ament; the second was by Mary Kay Price. The meeting adjourned at 9:00 P.M. 9/ 0__t� Joanne M. Ellertson Recording Secretary