Plan Commission Minutes 1988 04-20-88 MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF THE
VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD
AT THE KENDALL COUNTY BOARD ROOM
APRIL 20, 1988 7:00 P.M.
After the scheduled public hearing, the regular meeting of the Plan Commission
resumed with the following members in attendance:
Harold Feltz, George Stewart, Mary Kay Price, Rick Doetschman, Larry
Bretthauer, Dave Greiter. (Members absent included Don Ament, Clarence
Holdiman, Larry Langland, Jim Stafford, Kevin Collman & Don Schoenfielder. )
Also present were Mayor Davidson, Gary Bown, Bill Radke, Jim Clarage; Attorneys
Tom Cross, Richard Schiller, Dan Kramer, & Jim Olson.
Chairman Feltz asked that the information on a memo he received from Luanne
Erickson, City Clerk, regarding a call from Jean Brady be entered into the minutes
as a matter of record. Petition PC88-12, to rezone from M-1 to B-3 the property
on East Hydraulic St -- the contract between Mrs. Brady & Mr. Westwood has been
canceled & Mrs. Brady has asked that the request be withdrawn.
PC88-17 - Petition by Hatcher Partnership to rezone to B-3 Special Use, for
Oil Change & Quick Lube Shop - Rt. 47 north of Rt. 34.
Jim Clarage presented his opinions on the petition as follows:
1. He asked if there was a survey available. He stated that the dimensions
on the site plan needed to be verified. His concern was for front property
line & road right-of-way.
2. Legal description -- this refers at this time to the entire parcel as
special use zoning. Actually the special use is for the area where the
buildings are to be located. This needs to be clarified in the motion.
This would be the south westerly area of the parcel (200' x 200' ) A
setback of 125' is planned.
3. He further stated that it would be advisable to have the survey available
to the City Council when the petition is presented.
4. The entrance dimension was verified to be 35' .
5. It was recommended that the grassy & paved areas be shown.
Larry Bretthauer questioned whether the future development (possibly Burger King)
would share the entrance. Mayor Davidson stated that this was uncertain -- it
would be desirable to keep cuts down to a minimum. Long term plan is to come in from
Countryside and run parallel frontage to Rt. 47. Nothing to the north should have an
additional cut onto the highway. There will be three remaining acres of land between
the Hatcher property and the proposed future development.
It was the concern of Mr. Bretthauer to avoid a hazardous situation as presently
exists with McDonald' s highway entrance.
PLAN COMMISSION MINUTES - APRIL 20, 1988 PAGE 2
In response to Dave Greiter's question regarding sewer access, Mayor Davidson
made the following comments. The city is now in the process of getting engineering
studies on running the sewer line across Rt. 47 to the east side; the city would
retain recapture rights. It would be the responsibility of the developer to run the
lines wherever necessary on the property.
Mr. Feltz asked for a recommendation from the commission regarding the request
for rezoning.
Mr. Stewart made the motion to accept the zoning to B-3 special use with the
stipulation that it will be approximately the southwesterly one-quarter section of
the area (200' x 2001 ) and that when this comes to the City Council the petitioner
would submit the front property lines as suggested by Jim Clarage; also, verify
the legal descriptions including specific area for special use, the paved area,
grassy area, survey and information on what the state has recommended on the drive.
The second to the motion was made by Dave Greiter. The motion carried
with a voice as follows:
Price - yes Doetschman - yes Bretthauer - yes Greiter - yes
Feltz-yes Stewart - yes
PC88-20 - Preliminary Plan - Leonard Devick - Woodlands Subdivision - E.
Van Emmon Rd.
Chairman Feltz announced that even though Mr. Devick stated that he was not ready
to make his presentation, the item remained on the agenda at the request of Mayor
Davidson. The Mayor stated that the question of extending sewer & water needed
to be discussed. In his opinion the city is faced with three options:
1. The property is not contiguous to the city; bringing the development
into the city would require forced annexation of some properties.
2. Present County zoning would allow 10 or 11 lots with well & septic.
3. Allow County zoning & allow city sewer & water.
Attorney Kramer stated that the petitioner could seek rezoning with the County to
R-6 or R-7. This would allow for central or public utility systems. This could
potentially increase the density severely.
The Mayor further stated that the zoning was already there; there will definitely
be homes on the property -- the question is which way should we advise develop-
ment. During discussion the following points were affirmed: the best interest of
the city would be served in extending sewer & water lines outward -- split between
various developers thereby becoming cost effective. Chairman Feltz stated that it
was his opinion that any property that close to the city should be on sewer & water .
Ideally, if it is going to develop and if it will be on city utilities, it follows
that the property should also be annexed into the city.
Mr. Clarage added the following comments from a planning view:
1. Existing corporate limits have an initial ring of land around the city.
PLAN COMMISSION MINUTES - APRIL 20, 1988 PAGE 3
The proposed development is part of that ring. If the land as it
develops does not come into the city, the city does not continue to
grow. It is the decision of the City Council & Plan Commission what the
optimum growth for the city is.
2. Site finders for major corporations look at the population factor of
a given area being considered for construction. This type of entity
generates the higher level of commercial & sales tax revenue. It is
the responsibility of the city to decide when growth is beneficial from
either a residential or numbers standpoint .
3. Strictly from a planning standpoint, without consideration of the
economics involved in extending sewer & water or recapture possibilities,
key annexations in various directions are necessary. In developments
of the type now in discussion the best interest of both the city & the
people outside of the city can be served by annexing the property into
the city.
Dave Greiter presented the following questions:
1. Setting -- is this not more of a rural area than city type region?
He further questioned what does the city stand to gain. The opposition
to development as planned is high; more than just a few people are
involved.
2. Expense -- there would be great expense to the city both in extending
the utilities & in maintaining them.
3. Previous Plans -- ten years ago the property was broken into 8 lots and
the objections at that time included many exceptions to the zoning
ordinances. Then & now the area appears to be in a flood plain area.
Dan Kramer added that it was indeed a fact that any developer coming in with a
preliminary plat & asking for no variances would have to be given approval
if denied, he can go through the courts & secure approval.
Discussion was opened to comments from the public in attendance:
Bruce Burhmaster -- the County Health Department did not recommend septic
be installed on his property. Instead he installed a private sewage system. It
is his opinion that the land in question is comparable to his.
Melvin Killian -- asked if strip zoning was permissible. Dan Kramer answered
that the property belonging to Heath, Plank, & Holmberg would be involved in the
question of annexation. To annex the property legally, the city would have to
have a voluntary statement from the developer saying that he wanted to come into
the city; if one of the three owners involved did not wish to be annexed, the
city would then have to initiate some type of forced annexation proceeding --
this would question past policy involving annexation. Mr. Killian further
questioned who would pay if County Zoning remained but with city sewer & water;
would the developer or the taxpayer be responsible. Dan Kramer stated that this
was negotiated, but generally the expense was to the developer.
PLAN COMMISSION MINUTES - APRIL 20, 1988 PAGE 4
Alan Jiranek -- presented comments as designated spokesman of the landowners.
1. Terrain -- too high a number of lots; ingress & egress being a
potential problem because of the steep incline.
2. Traffic -- opinion is that there could be 50 cars daily
3. Bussing -- how would the school district handle this situation?
4. Density -- too high for type of property.
5. Soil type -- typically thin; likely to erode easily.
6. Control Ordinance -- states that the developer should consider
topography in his design with consideration to streams, tree coverings,
etc. ; anything that is part of the natural habitat should be a factor.
7. Drainage & detention -- if this continues as planned, it will cause
considerable damage such as flooding.
8. Pre-selling of lots -- potential buyers have the right to be informed
of existing & potential problems with the development.
9. Zoning -- referral was made to last zoning change when the County
limited development to 8 lots.
It was stated in conclusion that in addition to the above concerns the people
involved would like to see the least number of lots possible be developed and that
any alteration to the property be prohibited until a plan of development is approved.
Alderman Gary Bown asked Mr. Jiranek to state the source of his information in
regard to atteration & moving of land, etc. Mr. Jiranek responded that it was
from the salesman attempting to pre-sell lots.
George Stewart referred to existing homes that have extensively altered the land;
why is this any different to what the developer is now proposing? He further
stated that concerns related to flooding due to interruption of natural water flow
should be directed to present conditions created by alteration in addition to
anticipated new developmental problems.
Barbara Jones -- stated that Illinois Bell was surveying for the purpose of
bringing lines. Dan Kramer stated that there was at this time no decision made
regarding approval or rejection.
Mrs. Franklin -- asked what development company was involved. She submitted
a newspaper article to Dan Kramer for informative purposes regarding the alledged
company of which Mr. Devick is a part & existing problems relative to another
development in which the company was involved.
Rick Doetschman questioned what recourse was open to the Plan Commission for
securing information relative to the considerations stated by Mr. Jiranek.
PLAN COMMISSION MINUTES - APRIL 20, 1988 PAGE 5
This question was directed to Jim Clarage. He stated that the concerns presented
were indeed valid. At the time the developer is ready to pursue this project,
he could be asked to discuss the problems & concerns. As a planner, Mr. Clarage
said that he would look for erosion control, structures, etc. However, at this
point it is not feasible to answer any concerns. The developer needs to commit
to what he intends to do & how he will do it. Mr. Feltz asked that the discussion
be closed on the subject.
PC88-18 - Final Plat - Barry Niles - Foxfield Subdivision - .Quinsey Rd.
Chairman Feltz asked for any comments or questions related to the petition.
Barry Niles presented his thoughts on the storm water situation. An inlet at
Quinsey Road would collect runoff from Wackerlin subdivision; it would then be
carried underground down Quinsey and into an open ditch; it would ultimately
dump into the existing system. He further stated that the engineering plans
had been completed & shown to the city engineer.
Dave Greiter expressed concern with the water flow & the 'pos.sibility of,
the road washing out. In response to the question of adequate water flow, Mayor
Davidson suggested that the matter would be checked. Chairman Feltz said that
the Plan Commission could informally request the same.
Mr. Greiter further questioned water runoff from the property to the north of
the proposed development; The engineering consultant working with Mr. Niles
proceeded with a descriptive explanation for the benefit of Plan Commission members.
Chairman Feltz then agreed to allow comments from one of the adjacent land-
owners, Mr. Groom, owner of lot #24 of Wackerlin subdivision. He gave his opinion
regarding the direction of the water flow, disputing the statements made by Mr.
Niles. He also expressed concern with the fact that the property dimensions on
the present plat are different from the original. Jim Olson clarified the fact
that the only difference is the correction of the angle point which created the
difference in the survey. The third discrepancy mentioned the soil erosion
protection plan --Mr. Groom questioned who would be responsible for control since
Mr. Niles in effect stopped the flow of water.
Mr. Bretthauer questioned the drainage ditch on the west side; Mr. Stewart
asked about the area where the drainage now started and its direction. Once
again the engineering consultant explained the elevations & the flow of water.
The motion to accept was made by Mr. Stewart. Mr. Bretthauer questioned
runoff from lots 17, 18, & 19 running into Mr. Groom's lot. After a satisfactory
explanation by Mr. Niles, and further discussion, the second was made by Rick
Doetschman to accept the final plat of Foxfield subdivision. Roll call vote
carried as follows:
Doetschman - yes Bretthauer - yes Feltz - yes Stewart - yes
Price - yes Greiter - yes
PLAN COMMISSION MINUTES - APRIL 20, 1988 PAGE 6
PC88-19 Final Plat - Prairie Lands Subdivision - McHugh & E. Main St.
Tom Cross presented the plat & stated that one change had been made at the
request of the engineers. A utility easement between lots 4 & 5 had been added.
It was further stated that the street light would be situated between those
lots on advice of the engineer.
A letter affirming that the suggestions of the city engineers had been followed
would be received shortly.
In response to a question from Mr. Bretthauer, Mr. Cross said that the main
under the street would be 36" -- Mayor Davidson said this agreed with the USDA
recommendation.
No variances have been asked for; the planned development will conform to
city regulations. Rick Doetschman made the motion to accept the plat as presented
and Mary Kay Price seconded. George Stewart asked that the motion be amended to
include the receipt of a letter of compliance from the city engineers; Mr.
Doetschman agreed. The motion carried with a roll call vote as follows:
Bretthauer - yes Greiter - yes Feltz - yes Stewart - yes
Price - yes Doetschman - yes
PC88-21 - Kendall County Final Plat - Wackerlin (Tabled at the December Plan
Commission meeting as Agenda Item PC87-57 - Subdivision on Tuma Rd.
Attorney Schiller made the presentation. He recalled 4 major areas of concern
to the City with regard to the proposed subdivision:
1. Annexation- When the property becomes contiguous to the City it will be
annexed; also, to include connection to public utilities.
2. Road Plan For Adjacent Areas _ Jim Olson presented a concept plan map
showing all paths of roadways in relation to the Wackerlin development.
(Not intended to be a strict plan, only conceptual) . Chairman Feltz
commended the petitioners for their efforts in showing over-all intent for
the development.
3. Additional Road Dedication - A letter from Floyd E. Wood, Hwy. Commissioner,
was presented by Chairman Feltz stating that an agreement has been reached
between Mr. Wackerlin & Bristol Township on the widening of Tuma Road
from Rt. 34 to the first curve. Mr. Wackerlin agreed to put $9,000 in
escrow to Bristol Township for this purpose (letter submitted for the record) .
4. Easement For Utilities - This has been changed to the back of the lots.
The result will be sufficient easement for the road widening.
Mayor Davidson asked for clarification to the fact that the next portion of the
property to be plotted would be into the City. The attorneys and the owners took a
short time to discuss the annexation agreement. It was the original intent to
annex any further development, but not to encumber the nine lots now proposed by
the annexation deed notification.
PLAN COMMISSION MINUTES - APRIL 20, 1988 PAGE 7
Mayor Davidson assured that annexation would be required as property becomes
contiguous; hook-up to water & sewer would be required when the existing system
were to fail ( if existing lines were within 250 ft. ) .
After discussion it was agreed to include the annexation notation on the deeds
for the proposed development. It was also pointed out that the entire parcel
would not have to come in at one time; separate parcels can be annexed as they
are developed.
Rick Doetschman made the motion to approve the final plat as presented with
the addition of making it subject to the working out of the annexation agreement
step by step with the attorneys. Second was by Larry Bretthauer. The motion
carried with roll call vote as follows:
Feltz - yes Stewart - yes Price - yes Doetschman - yes
Greiter - yes Bretthauer - yes
PC88-16 - Preliminary Plat - Gordon Swanson - Blackberry Creek Subdivision
Attorney Kramer presented and stated the two conditions that were asked for as
follows:
1. When the property is contiguous to the city it would be annexed.
2. Provision for utility easements for sewer and water.
Both of the additions were made as recommended according to Attorney Kramer.
Jim Clarage recommended that the wording of the annexation condition be changed to
read "contiguous to the subject property" .
Some discussion followed among commission members regarding the proper allotment
of time to study the detailed map. George Stewart made the motion to approve the
Preliminary Plat of the Blackberry Creek Subdivision with the recommended change in
the wording to "contiguous to subject property". The second was by Rick Doetschman.
Discussion followed as to financial responsibility with regard to sewer and water.
Mayor Davidson explained the procedure followed should the subdivision as an
entirety decide to hook-up to utilities. The motion carried with roll call vote:
Stewart - yes Price - yes Doetschman - yes Bretthauer - yes
Greiter - yes Feltz - yes
* During the period of time the attorneys met with the Wackerlins, the Commission
discussed PC88-14 - Petition to Rezone B-2 to R-3 by the City of Yorkville -
Lot 111 & part of Lot 122 - Conover's Countryside Subdivision.
Mayor Davidson presented new drawings from the State. He stated that everything
would stay the same; the road going south will not be put in. The road to the
West will stay & hook up at the Nursing Home.
The positioning of stop & go lights, Leisure Street, & agreement with business
owners involved were discussed & explained by Mayor Davidson.
PLAN COMMISSION MINUTES - APRIL 20, 1988 PAGE 8
Mayor Davidson further stated that the state was growing impatient with the
city. In addition, Mr. Conover was agreeable to getting the matter settled.
In summary, it was stated that North Street would be moved approximately 210'
to the south.
Mr. Bretthauer moved that it be recommended to approve the changes as presented
and as agreed to by the business owners involved. Mr. Stewart seconded the motion.
Roll call vote carried as follows:
Greiter - yes Feltz - yes Stewart - yes Price - yes
,Doetschman - yes Bretthauer - yes
The motion to adjourn was made by George Stewart & seconded by Rick Doetschman.
Chairman Feltz adjourned the April Plan Commission Meeting at approximately
10:15 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
APRIL 20, 1988
The regular meeting of the Plan Commission was recessed to conduct the Public
Hearing on the following Petition:
Zone to B-3 Special Use by Hatcher Partnership, Rt. 47 north of
Rt. 34, for use as Oil Change & Quick Lube Shop.
Plan Commission members in attendance were as follows: Harold Feltz, George
Stewart, Mary Kay Price, Rick Doetschman, Larry Bretthauer, Dave Greiter. Others
present included Mayor Davidson, Gary Bown, Bill Radke, Jim Clarage; Attorneys
Tom Cross, Richard Schiller, Dan Kramer, & Jim Olson. Interested citizens present
for the Hearing are listed on the attached sign-in sheet.
Bob Lee presented his comments on the petition including the following points:
I. Plans are for the construction of a quick change oil shop and a
tire store.
2. A future shopping center strip is planned for property to the west.
3. Buildings are to be brick construction -- emphasis on appearance
was pointed out.
4. Development also includes construction of a mini warehouse (approx-
imately 30 units) .
Clarification was made as to the reason for special use classification rather
than rezoning to B-4. The B-4 classification would permit other types of develop-
ment in the future of automotive type. (Possibility of undesirable usage)
It was noted that entire property encompassed a total of five acres owned by
the Hatchers.
Hearing no additional comments from citizens present or commission members,
Chairman Feltz closed the Public Hearing portion of the meeting.
Joanne M. Ellertson
Recording Secretary
Bristol Township
FLOYD E. WOOD
Highway Commissioner
P. O. Box 178
Bristol, Illinois 60512
(312) 553-0101
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