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PC88-10 Petition by Oswego Community Bank -- Withdrawn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.
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