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Plan Commission Minutes 1988 12-21-88 1 MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD AT THE KENDALL COUNTY BOARD ROOM DECEMBER 21, 1988 7:00 P.M. The December meeting of the Plan Commission was called to order by Chairman Feltz after the Public Hearing. The following members were present: Harold Feltz Mary Kay Price George Stewart Dave Greiter Clarence Holdiman Don Schoenfielder Don Ament Those absent included: Larry Langland Rick Doetschman Larry Bretthauer Kevin Collman Don Laube Others in attendance included Mayor Davidson, Alderman Gary Bown, Fran Klaas, James Clarage, and Attorney Dan Kramer. The minutes from the November meeting were approved as presented. The motion was made by Don Ament & the second by Mary Kay Price; voice vote carried. PC88-50 -- REZONE B-3 TO B-3 SPECIAL USE BY A & R TRUCKING, INC. FOR PARKING AND FUEL STORAGE AT 101 S. BRIDGE ST. Mr. Clarage asked to comment on the petition before further discussion. He stated that the zoning being requested was perhaps not proper for the particular use intended for the property. He suggested either M-1 or B-4 Special Use as being a better choice; the requested use does not fit B-3 guidelines. From a planning viewpoint, neither category would be consistent with the downtown area as it is now. When the comprehensive plan was updated, it was the intent to remove the M-1 type of uses and the heavy truck & farm uses from the downtown area and to have a less intensive type of commercial, office, retail & residential use. Reference was made to the previous attempt for use of the property in question. It was stated that it was not presented to the Commission after the initial time when the suggestions from the members were voiced. Mayor Davidson asked if the special use zoning was being requested for the entire property; Mr. Graves stated that it was only requested for the back half of the building and the parking area. Chairman Feltz stated that there was no indication of a partial zoning request. George Stewart questioned the parking area currently being rented for use of existing building tenants. Mr. Graves stated that this area was not involved. Dave Greiter expressed concern over the regulations governing fuel storage. He felt that further study was necessary to understand the guidelines. Mayor Davidson confirmed that what was required by code would have to be met. ~ PLAN COMMISSION MINUTES 12-21-88 PAGE 2 Chairman Feltz further added that it was not the concern of the Commission that all technical points be correct. The special use zoning could be approved based on the fact that all requirements be met -- the Fire Marshall would issue the permit based on code. Don Ament commented that the biggest problem would be access onto & from Rt. 47. Mr. Graves did not agree; in his opinion this would not be a problem. Chairman Feltz asked for a legal opinion from Attorney Kramer -- since it was questioned whether B-3 special use zoning was not proper at this time, should the petition perhaps be reworked to fit B-4 or zoning of that type to better fit the proposed use. Attorney Kramer stated that presently there was nothing of the B-4 type zoning; in his opinion the City Council would most likely rather see B-3 special use, especially if were being requested for a limited time only. He further stated that with special use zoning you could exercise control with a limit put on the maximum time. Mayor Davidson suggested a potential problem caused by granting special use zoning to the entire property, all buildings conclusive. Mr. Feltz said that the petitioner indicated that this was not necessary & that they were interested in the change for the western portion only. Mr. Ament asked for a verification on time limit specified. Mr. Graves said the operation would be in the proposed area for a minimum of two years. Chairman Feltz asked for a recommendation from the Commission. Mary Kay Price voiced her agreement with the earlier statements of Mr. Clarage regarding the in- consistency of such zoning with the comprehensive plan. Mr. Feltz stated that the petition as written needed to be addressed & if the Commission did not agree, a suggestion of their thoughts on rezoning of the western portion only might be useful to the petitioner in deciding whether or not to proceed with a second attempt. In response to Mr. Graves adverse comments, Chairman Feltz attempted to explain the proper procedure in presenting a petition and how final approval or disapproval was arrived at. He further stated the need for a recommendation from the Commission. Dave Greiter moved that the petition be denied for the following reasons: 1. The street is too narrow to accomodate this type of use. 2. Traffic back & forth is too heavy; the additional traffic of the trucks of the proposed operation would only add to the confusion. 3. The portable storage tank issue is a definite problem. The second to the motion to deny the petition was made by Don Ament. Chairman Feltz summarized the situation -- in favor of the petitioner is the fact that there are currently lumber & grain trucks traveling the area in question, the railroad is also there, & the type of business that was housed previously on the property was not unlike what is being asked for -- however, on the other side is the fact that the proposed business does not seem to be in agreement with what the Commission is attempting to achieve for the existing community. Roll call vote to carry the denial of the petition was as follows: Feltz - yes Stewart - yes Holdiman - yes Ament - yes Price - yes Greiter - yes Schoenfielder - yes PLAN COMMISSION MINUTES 12-21-88 PAGE 3 PC88-51 -- FINAL PLAT -- BURGER KING RESUBDIVISION - RT. 47 The final plat was presented by Jim Conroy of Burger King. He stated that the revisions requested at the time of the last meeting had been addressed. First, the revision of the 20' easement for sewer & water along the front half; second, the south half of lot #2 now indicates a 20' easement to go all the way back to the property. Mr. Stewart pointed out that the previous motion also noted the granting of an easement variance of lot #2 requiring frontage for the dedicated road as well as the utility easement. Mayor Davidson stated that what was intended was a 33' easement for a street on the east side. Mr. Conroy stated that the owner had no problem with granting the easement it was a question of timing as far as adding to the proposal. Mayor Davidson added that taking care of the matter now would be advisable. Mr. Conroy asked if it would be sufficient to add "ingress/egress easement". Mr. Stewart asked if that would satisfy the request as recorded in previous minutes. Attorney Kramer stated that the easement would be sufficient since it did give access. However, for the purpose of satisfying the title company, they would probably have to ask for a variance from the zoning board of appeals. The motion to recommend approval of the final plat based on the fact that the easement be granted on the easterly portion of lot #2 and also that the appropriate variance be secured from the zoning board of appeals and that once signed by Mr. Feltz it would indicate approval of the members of the Plan Commission. The second was made by Clarence Holdiman. Roll call vote carried as follows: Stewart - yes Holdiman - yes Ament - yes Price - yes Greiter - yes Schoenfielder - yes Feltz - yes PC88-52 -- KENDALL COUNTY REZONE A-1 TO R-3 BY ROBERT BAZAN - 1.113 ACRES OFF KENNEDY ROAD. Mr. Bazan presented his petition. He stated that the 1.113 acres for which he is requesting rezoning is on the top of a hill. The perspective buyer would be very interested in the purchase of the remainder of the 20 acres. (none of which is suitable for building) Mr. Feltz asked about access to the lot. Mr. Bazan indicated a 40' easement was provided. Mr. Ament questioned whether the proposal had been before the County as yet. Mr. Bazan indicated that it had inadvertently been sent to the County before it was presented to the Plan Commission & they postponed it for that reason. Chairman Feltz suggested as a consideration for the Commission it be provided that the property be annexed on becoming adjacent to the city. Mr. Bazan asked if this was standard procedure & he was assured that it would only include the acreage being considered for rezoning. PLAN COMMISSION MINUTES 12-21-88 PAGE 4 The motion to recommend approval of the rezoning from A-1 to R-3 the 1.113 Acres by Robert Bazan with the understanding that once the city does reach that point it will be annexed to the city. The second was made by Mary Kay Price. Roll call vote carried the motion as follows: Ament - yes Price - yes Greiter - yes Schoenfielder - yes Feltz - yes Stewart - yes (Holdiman abstained from voting) Mayor Davidson stated for the information of the Commission that he was intending to request the Council to consider a preliminary plat be included in the area of PUD developments as with all other developments. The example is the present situation faced by Mr. Clarage. He is proposing this to the Council & hopes that it can be acted on within the next 45 days. The motion to adjourn was made by Dave Greiter; the second by George Stewart. The December meeting adjourned at 8:30 P.M. J anne 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 DECEMBER 21, 1988 7:00 P.M. Chairman Harold Feltz opened the Public Hearing with the swearing in of those in attendance wishing to present their comments and concerns. Plan Commission members present are listed in the minutes; citizens in attendance are listed on the sign-in sheet attached. REZONE B-3 TO B-3 SPECIAL USE BY A & R TRUCKING, INC. FOR PARKING & FUEL STORAGE AT 101 S. BRIDGE ST. Mike Graves, vice-president of A & R Trucking presented the petition. He explained that the company was growing and there was a need for a building to store equipment -- tractors & trailers -- and a need for storage facilities for the fuel necessary for the daily operation of the business. The property he is considering has an underground tank and they would use that as well as two one thousand gallon tanks above ground for storage of diesel fuel. He further explained that the property would be well maintained. They have nine trucks currently in operation; hours of operation are from as early as 5:00 a.m. to 5:00 to 6:00 p.m. In response to questions from the Commission, Mr. Graves clarified that the business would need only the underground tank or the two above ground tanks, not both. Concerns from the public were introduced: Gloria Vermaat -- expressed displeasure with the project. She is one of the owners of the Grant Building and feels that it would be detrimental to the best interests of the tentants. She feels that the repair work done would case too much noise and that this particular type of business was not well suited to the area. George Gordon, Postmaster -- he is concerned that this could develop into a situation where heavy equipment could be right up against the Post Office wall. He would think that a buffer zone would be needed between the proposed property and the existing developments. He also expressed concern with the present condition of Hydraulic St. and the effect heavy truck traffic would have. Mr. Graves stated that the trucks leaving and returning would be empty and would weigh approximately 26,000 pounds -- compared to loaded Post Office trucks and loaded grain trucks they would be considerably lighter. Mr. Gordon's additional concern is that above ground tanks should have some type of protection around them. Mrs. Vermaat again stated her concern with the type of business and that it did not belong in the area. Mr. Graves stated that it was the intent to use the site only for a few years; his argument is that the building was previously used for heavy equipment so it did not seem fair to state that his business was unsuitable. Mike King, president of A & R Trucking, stated that type of equipment used was all new and well maintained; repairs would be basically quiet -- no more disturbing than normal traffic noise. Mrs. Vermaat's concerns were not satisfied with his attempts to reassure those in attendance that it was not the intent to do anything adverse to the development of the area. PUBLIC HEARING -- DEC. 21, 1988 PAGE 2 Mr. King further stated that any problems with the appearance of the parking lot, dust, etc. , would be quickly remedied. He felt that any problems experienced by the tenants as a result of his business could be handled to everyone's satisfaction. Alderman Gary Bown asked about the access to the property. Mr. Graves stated they would enter Rt. 47 from Hydraulic St. (It was stated that it could be as early as 4:30 a.m. ) . He felt that the hours involved would allow the trucks to access Bridge Street without too much difficulty. Chairman Feltz closed the Public Hearing at approximately 7:30. Joanne M. Ellertson Recording Secretary 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 w -