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Plan Commission Minutes 1988 03-16-88 MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE KENDALL COUNTY ILLINOIS HELD AT THE KENDALL COUNTY BOARD ROOM ON MARCH 16, 1988, 7 .00 P.M. After the scheduled public hearing, the regular meeting of the Plan Commission was held with the following members in attendance : Harold Feltz, George Stewart, Clarence Holdiman, Don Ament, Rick Doetschman, Larry Bretthauer, Dave Greiter, & Don Schoenfielder. Absent were : Larry Langland, Mary Kay Price, James Stafford, and Kevin Collman. Also present were Mayor Davidson, City Planner Jim Clarage, Attorney Tom Grant, Alderman Bill Radke, and interested citizens as listed on the attached sign-in sheet. MINUTES -- The minutes of the February meeting were approved as submitted. The motion to accept was made by Don Ament, the second by George Stewart. Comment was made by Mr Feltz in reference to the material such as maps & sketches as presented. He stated that the Plan Commission could not work properly with incomplete or vague materials. PC88-9 Petition to Annex/Zone to B-3 by Rebecca Henne - 1201 N. Bridge Mayor Davidson & Alderman Radke stated that the city has been working on this annexation for the last-'-two years. The property is located behind the EMS building. The reason for the annexation is to aid in squaring up the boundary lines. In response to a question by Dave Greiter, it was stated that the property in discussion is on city sewer now & will hook up to water as it becomes available. Mr. Greiter stated the B-3 zoning & its speci- fications. Mayor Davidson said that the city had to honor same use as now exists with the property. He further explained that a B-4 zoning is not reversible -- to grant this to the property would not be to the advantage of the city for the future. The motion to annex the property and rezone to B-3 was made by George Stewart. The second was by Rick Doetschman. The motion carried with roll call vote as follows : Stewart - yes Holdiman - yes Ament - yes Doetschman - yes Bretthauer - yes Greiter - yes Schoenfielder - yes Feltz - yes PC88-10 Petition by Oswego Community Bank -- Withdrawn PC88-11 Petition to Annex & Zone to R-2 by Leonard Devick - 20 lots E. Van Emmon Rd. Woodlands Chairman Feltz stated that no decision would be made on this Petition at this meeting; based on comments made at the public hearing, however, it seemed appropriate to make recommendations to the petitioner. PLAN COMMISSION MINUTES PAGE 2 Jim Clarage stated the following regarding the request : 1. From a planning standpoint, the zoning request is not a problem. It .is to be made clear, however, that the Plan Commission is not approving the sketch plan as submitted. 2. It is further stated that the wooded character of the land be be maintained. Reference should be shown on the plat to easements for the protection of existing trees. 3. It is further stated that there appears to be a problem with topography if 20 lots are used. A lesser number of lots may be necessary. 4. There will need to be attention to drainage control. 5. Erosion Control will need to be addressed. Chairman Feltz agreed with the comments above. Engineexing problems are likely with regard to slope of land & soil consistency. The challenge will be to develop the land without destroying it. Don Ament questions the proximity of the city boundary lines while Dave Greiter addressed the cul-de-sac area. He expressed that many lots are in a flood plain area. Construction, including taking out trees to make the road, would cause erosion to take place. Up-to-date contour information should be studied before any decisions are made -- possibly to include a new survey of the land. Mayor Davidson asked that Mr. Devick bring back information relative to where the property joins the city for clarification purposes. Chairman Feltz asked for a motion to table the peitition. Rick Doetschman moved to table at this time until additional information is made available, better layouts are provided, etc. The second was by Larry Bretthauer. Motion carried by voice vote. PC88-12 Petition to Rezone M-1 to B-3 by Dave & Carolyn Westwood @ 310 E. Hydraulic St. With no sketch available & the petitioner not present, the motion to table until additional information is provided was made' by 'Gcorge Stewart & seconded by Clarence Holdiman. It was carried by voice vote. PC88-14 Petition to Rezone B-2 to R-3 by City of Yorkville - Lot 111 & part of Lot 122 - Conover' s-Countryside Subdivision. Jim Clarage opened discussion with the question as to whether the groups involved had met to review options . He believes that the city is trying to accomodate the state and at the same time compromise with existing businesses. Dr. Coleman asked just what the state is asking. Davidson responded that the situation was a safety decision at this time. Several years ago the state had requested action on this area. PLAN COMMISSION MINUTES PAGE 3 Mayor Davidson expanded on the dangIerous intersection problem. Dr. Coleman expressed his feeling that the lights would take care of the safety situation; it is not necessary to take out the street. Tom Grant questioned the location of the lights. Also, why can' t there be some configuration of the entire picture? If the businesses were coming before the Plan Commission, they would be asked for the overall plan. It is his opinion that in the issue of fairness the same should be done now. As it is now, the city is simply stating that they are taking away the street. HQ proceeded to remind the commission of previous options discussed that would have still satisfied the state. It could have been accomplished without damage to present business. It was further stated by Tom Grant that at a previous meeting it was agreed that it be-.suggested", to_:_add-. a stop sign & see if the problem would not be alleviated. It was his understanding that this proposal would be taken to the state for their reaction. Mayor Davidson said that he was told that there was cross traffic too, close'-to`the highway for such a proposal. Mr. Grant said that the whole subdivision was basically developed -- then why the concern for influx of additional traffic? Mayor Davidson stated that the state would not do the engineering design without being told by the city what the intent would be. Mr. Doetschman asked if the stop light would solve the situation if the street were one way; Davidson stated that the businesses would not like this situation any better & there would be cross traffic problems. Chairman Feltz suggests more negotiation is needed to view both sides, especially since the city initiated the petition. Mr. Doetschman agrees that it would be an injustice to the business owners to cut them off; however, he realizes that there is a safety issue to consider. It was then suggested by Chairman Feltz that the issue be tabled and that a special meeting with Jim Clarage present might be useful -- involving Mr. Conover, Tom Grant, & the City. They could then bring a drawing of the resulting plan back to the Plan Commission. The motion was made to table the etition (PC88-14 Petition to rezone B-2 to R-3 by City of Yorkville} by Rick Doetschman. The second was by Don Schoenfielder. It was carried by voice vote. It was noted that Tom Grant would contact Jim Clarage to set a time for a meeting. I't is 'fu'rther noted that.-the above pet-ition was originally pre wented to t- e_Plan Commission as PC88-4 -at the February meeting. "Petition by City of Yorkville to Vacate North St. , Dedicate a New Street, and Rezone from B-2 (Business District) to R-2 (Single-family District) - North Street & Area South of North Street. " PC88-13 Petition to Rezone B-1 to R-1 & for Special Use Re : Private Septic & Well by James Perkins - E. Walnut St. Tom Grant made the opening comments referring to the comments of the PLAN COMMISSION MINUTES PAGE 4 public hearing. Mr. Clarage asked if the duplex lot was included in the new plan. The lot configuration was explained by Tom Grant. The duplex plan has been canceled -- this would ultimately be a three lot subdivision. Mr. Ament questioned whether or not the development would require three separate wells. It was stated that the house on McHugh would require a separate well, but the other two could possibly share. In response to the question from Chairman Feltz, Tom Grant confirmed that the three lot division would probably be in existance until (or unless) a road would come through on the north of the property. Mr. Bretthauer expressed concern that if this were approved, it may set a precedent. If it could be stipulated that sewer & water be put in when available, he could agree with rezoning. Mayor Davidson stated that the decision needed to appraised according to the city amended ordinance. After further discussion, Larry Bretthauer made the motion to approve the rezoning & grant two wells & septics with the requirement that the sewer & water be hooked when it becomes available to the property within the ordinance requirements ; also with easement of 20t to west & north border of the property. The second was made by Rick Doetschman. Roll call vote carried the motion as follows : Holdiman - yes Ament - yes Doetschman - yes Bretthauer - yes ­Greiter-.- - yes Schoenfielder - yes Feltz - yes PC88-15 Comprehensive Plan Dave Greiter had a clarification to his comments of the previous meetings. It was his intent to suggest that areas such as' Harris Preserve & like areas be included-in the plan. COMMENTS Dave Greiter made reference to the drawings that are being presented to the Plan Commission and to the possibility of limiting the agenda. He feels that the Commission may be rushing through certain items & that petitioners are not following through with promises made. Chairman Feltz stated that the Plan Commission cannot limit the agenda but could go to two meetings per month. Jim Clarage affirmed that the only restriction allowed would be that petitions could be denied being put on the agenda or discussion could be denied if the paperwork, time, or drawing requirements were not fulfilled. The motion to adjourn was made by Dave Greiter & seconded by Larry Bretthauer at approximately 10 :00 P.M. Voice vote carried. 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 ON MARCH 1 , 1988, AT 7:00 P.M. The regular meeting of the Plan Commission was recessed to conduct the Public Hearing. In attendance were Plan Commission members as follows : Chairman Harold Feltz, George Stewart, Clarence Holdiman, Don Ament, Rick Doetschman, Larry Bretthauer, Dave Greiter, and Don Schoenfielder. Also present were Alderman Bill Radke, Mayor Davidson, City Planner Jim Clarage, and Attorney Tom Grant. Interested citizens are listed on the attached sign-in sheet. PUBLIC HEARING PC88-9 Petition to Annex & Zone to B-3 by Rebecca Henne - 1201 N. Bridge St. This annexation is the request of the city -- no one present at the meeting expressed an interest in commenting. PUBLIC HEARING PC88-11 Petition to Annex & Zone to R-2 by Leonard Devick - 20 lots - E. Van Emmon Rd. (Woodlands) The Planning Commission does not have a proper layout for a pre- liminary plat; therefore no final decision will be made at this meeting. The public hearing will be conducted as planned for the purpose of discussion. Mr. Devick explained his proposal restating items from the last Plan Commission meeting such as : lots to be 3/4 acre (201-in the subdivision) , 2000 sq. ft. & up homes, curbs, cul-de-sac, black top, street lights, sewer & waver, & subject to engineering. Questions from the public presented as follows : Bob Franklin questioned the boundary lines & cost to existing owners. Will sewer & water come on Van Emmon & will the city require owners to hook up? J.T. Johnson answered that the city will not force anyone to hook up. The only incidence that would require mandatory action would be if an existing septic became irrepairable. Where would the water come from to service the area? The question was raised that the water supply was now in jeopardy & that the water was not "good" . J.T. Johnson affirmed that indeed the city water supply was sufficient to service this development & other subdivisions now in planning stages. The radium problem will be cleared up by May of 1989. Barbara Jones -- questioned the storm system & drainage -- concern was for flooding out of houses on the north side of Van Emmon. Also, who ' s responsibility would it be if flooding did occur? Jim Clarage explained : the petition is now for zoning to single family lots ; if this is granted, the developer still has to come back before the city & en- gineering staff for several additional-meetings for numerous engineering y PUBLIC HEARING -- MARCH 16, 1988 PAGE 2 approvals (these engineers are licensed by the state & approve or dis- approve according state standards) ; the developer will not be allowed to proceed without documentation regarding the plan on file. If indeed a property was unduly harmed (by drainage problems for example) the owner would have legal recourse. Alan Jeranek -- questioned the slope of the land along with the con- dition of the soil. It did not appear that the property could be divided in such a manner as to support several homes. In his opinion, no amount of engineering could change the condition of the sloping, moist land. Donna Jensen -- referenced two active creek beds in the area now & the existing drain that goes under Van Emmon & ultimately to the Fox River. The concern is storm water run off from the new development. Also referenced was the wildlife habitat; this area being one of the oldest untouched parcels. Is this development going to benefit existing owners or the city (except by bringing up the tax base) ? She stated that con- tiguous to this property are two state wildlife refuge areas -- on the south & east sides. Elsie Killian -- referred to the existing wildlife and also wild- flower growth. Her concern was for keeping the habitat as natural as possible. Her comments come from 25 years of living in the area. Jerry Kriz -- Expressed uncertainty on boundary lines of proposd development. J.T. Johnson offered an aerial map for concerned individuals to view. Margo Irvin -- there is a strip of land (3 houses ) between this property and what is in the city now. Would the existing owners be required to come into the city. Chairman Feltz answered that they would not. Dan Reinboldt -- presented a petition signed by 25 persons stating their concerns for what the proposed development would do. This included: 1. Destroy the scenic value & one of the last mature forest ecosystems on the outskirts of Yorkville. 2. Possibly contaminate or disrupt water veins supplying adjacent landowner' s wells. 3. Cause erosion & aggravate an already fragile runoff situation. Also, the proposed lot size is inconsistent with established homesteads. The petition further states that the property owners signing are against annexation into the city of Yorkville. (Copy of petition attached) Elsie Killian -- what type of property is behind the Woodlands property? Mr. Devick answered that it was wooded. She questioned if there might be. an underground water carrier & would this affect the area in question. PUBLIC HEARING - MARCH 16, 1988 PAGE 3 Charlie McKinnon -- owner of farm that backs up to property in question. It is the concern of his family that 20 homes is too dense -- maybe 3 or 4, but not as many as planned. The terrain of the land would be prohibitive. Also questioned was the effect on the wildlife habitat. Angie Kline -- expressed concern of the land area being downgraded by this type of development. Elsie Killian -- what type of income level would be involved. She disagreed with Mr. Devick that this would be comparable to the Farm Colony development. Mayor Davidson responded to the question of how the petition would be handled from this point on with the following points : 1. First zoning & annexation is approved. 2. The petitioner must approach the zoning board of appeals for a variance on the sidewalks. 3• It then goes to City Council. If they vote no, the petition dies. 4. If the council votes yes, the petitioner must come back with the engineering plans & the preliminary plat. It is then brought back to the Plan Commission for another review. 5. The final plat must then be approved. The board must again look at the final design. Davidson reminded those present of the care taken in this type of decision. 6. Building permit -- also requires inspection. This will reflect the capability of the ground to support a structure. He stated that all requirements have to be met before approval; all meetings involved are open to the public. In answer to concern on water runoff, he referred to state laws governing engineering design & the role of the city engineers in seeing that they are observed. The question was asked "who pays for hook up & cost involved?" Davidson stated that the developer pays & retains recapture rights. Bruce Buhrmaster -- argues that the property does not touch city property at any point. Mayor Davidson indicated that this would be addressed before any type of approval is given. PUBLIC HEARING PC88-12 Petition to Rezone M-1 to B-3 by Dave & Carolyn Westwood - 310 E. Hydraulic St. The petitioner was not present. However, J.T. Johnson presented a letter from Bill Doede regarding the parcel. The landowner expressed his opinion that improvements to the area would be welcome. They feel that safeguards to privacy & noise level should be provided. (Copy of letter attached) J.T. Johnson added his comments as follows. He does not feel that it is necessary to grant B-3 zoning; B-2 would suffice to cover what is- now PUBLIC HEARING -- MARCH 16, 1988 PAGE 4 planned -- possibly a small restaurant. He feels that B-4 would allow car wash & other things that might be adverse to adjacent properties. It is further stated that privacy fence plus shrubery to block the view even more & quite down traffic noise. A restriction to that extent should: be included, as should assurance that improvements would be handled on a timely schedule. PUBLIC HEARING PC 88-14 Petition to Rezone B-2 to R-3 by City of Yorkville - Lot 111 & part of Lot 122 - Conover' s Countryside Subdivision. (NOTE: This was moved up to be discussed before PC88-13) Tom Grant commented first on this issue. He does not oppose the rezoning of the property in question. His objection is with the plan to vacate North Street east of the cut on Rt. 34• (Vacating the street . west to the nursing home is not a problem. ) He added that Dr. Coleman, Ron Wheaton & the tenants of his building also object. Property values will depreciate if the street is vacated & that the city will have to give consideration to damages due to property owners involved. He asked the Mayor if he had talked to Springfield regarding the proposal -- the response from the Mayor was that if the street was made a one-way street - out - it would be fine. For the purpose of clarification to the board members, Tom Grant stated his proposal to be as follows : leave open to the east, put a stop sign at the corner where North St. would intersect with the new street, still having two-way traffic & leaving that end of North street open. It is his opinion that the city owes it to the business in the area to at least give his proposal a trial. Dr. Coleman -- agrees with Tom Grant that it is necessary to keep the east end of North Street open. The existing businesses (his & an additional eight added since) are all successful & would be affected ' adversely by what is now being proposed. Dave McCauslin -- referred to drive-by business. He agrees with the others commenting. David Babcock of Robb Container -- Wants to be on record as agreeing with Tom Grant & others. Tom Grant -- asked for Jim Clarage to give his opinion on what would be said if the businesses were new instead of existing; would it not be entirely unsuitable to consider putting such business on the dead end street. Elizabeth Lorenz -- Hair Creations. Also wants it to stay open. PUBLIC HEARING - MARCH 16, 1988 PAGE 5 PUBLIC HEARING PC 88-13 Petition to Rezone B-1 to R-1 & for Special Use Re : Private Septic & Well by James Perkins - E. Walnut St. Tom Grant discussed the first plan for the duplex which is no longer in planning. The area to be rezoned now fronts on McHugh Rd. Changes reflected are shown on the old map. The plan is create a three lot 'subdivision. (R-1 on the two lots for single family res- idences ; the middle lot to stay as existing use. ) He then referred to the amended zoning ordinance prohibiting the use of private well & septic on lots less than one acre. Even though the lots in question are more than an acre, they have to go the Plan Commission & the City Council for request of special use. The petition is to serve both with private well & septic. The existing sewer & water is to far from this property to bring it to the property. The request for special use is only for the period of time until the sewer and water is close enough to hook up without being a financial hardship on the owner. Jim Perkins added that it is possible to give an easement to pre- serve this area and also an easement for a possible road coming through the property at a later date. The Public Hearing Meeting was closed at approximately 8 :30 P.M. Joanne M. Ellertson Recording Secretary March 15, 1988 TO: Yorkville City Plan Commission From: William & Virginia Doede (307 E. Van Emmon) Subject: Rezoning petition of David and Carolyn Westwood Unfortunately we cannot be present at the March 16 meeting of the Plan Commission, but we are asking J.T. Johnson to speak on our behalf . Our property is adjacent to the subject property on our north side. This is the b ack of our lot. Our general reaction to the rezoning petition is along these lines: A. Improvements in that property would be welcome. B. A six-foot minimum chain link (or equivalent) fence should stand between our properties for safety and privacy purposes . Ideally, the fence would extend from the northeast corner of our property west to Mill street. C. If customer traffic were routed around the east end of the building to go west between their building and our lot line, to exit on Mill Street, the noise level would probably be intolerable. A restriction to that effect is requested. Bill and Virginia Doede WE, AS THE UNDERSIGNED ADJACENT PROPERTY OWNERS, petition against the request of Leonard Devick and Woodlands Subdivision. The proposed development will : 1 . Destroy the scenic value and one of the last mature forest ecosystems on the outskirts of Yorkville. 2. Possibly contaminate or disrupt water veins supplying adjacent landowners wells. 3. Cause erosion and aggravate an already (fragile) run- off situtation. Also, the proposed lot size is incon- sistent with established homesteads. Also, the undersigned adjacent property owners are against annexation to the City of Yorkville. Dated this 15th day Ma ch, 1988. Lb s c ` Q. cut-1.10 9305 e VC-n Ern m6u R��L�AnV _fM m.o r✓ e k�G , IV jet, A'"41,,,�y� 9077 rk.a � ' n�5/Q�`,Vcr�. �►�,nnc,m�- �/ ��. /_--fj��!J K� ea.►, -1375 y64� �YhM01J �c. 1�pL'I�IL�.-rc .211 �1 9 L 3 7 ✓1AA1 aW,"-#.v R!S Y PUBLIC HEARING -- REGISTRATION SHEET IF YOU ARE HERE TO SPEAK AT THE PUBLIC HEARING OR ARE IN ATTENDANCE AS AN OBSERVER, PLEASE INDICATE YOUR NAME & ADDRESS BELOW: NAME ADDRESS ,L/l C l�tiv /- J/��w G�i�i�i 4/i S x io !zd77 1/a-Ltt 9 'f n C V A w C1'4"oW 1 �JC PUBLIC HEARING -- REGISTRATION SHEET IF YOU ARE HERE TO SPEAK AT THE PUBLIC HEARING OR ARE IN ATTENDANCE AS AN OBSERVER, PLEASE INDICATE YOUR NAME & ADDRESS BELOW: NAME ADDRESS 4 A I C m mo � 2J6, f GL�Y(.ihz� �l 21 74 1 1 /d Z�4f PUBLIC HEARING -- REGISTRATION SHEET IF YOU ARE HERE TO SPEAK AT THE PUBLIC HEARING OR ARE IN ATTENDANCE AS AN OBSERVER, PLEASE INDICATE YOUR NAME & ADDRESS BELOW: NAME ADDRESS a2 3