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Plan Commission Minutes 1987 10-21-87 MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE , KENDALL COUNTY , ILLINOIS , HELD AT CITY HALL ON OCTOBER 21 , 1987 FOLLOWING THE PUBLIC HEARING . The meeting was called to order by Chairman Feltz. THe following members were in attendance: Mr. Feltz, Mr. Stewart, Mr. Holdiman, Mr. Ament, Mr. Langland, Mr. Stafford, Mr. Doetschman, Mr. Bretthauer, Mr. Greiter, & Mr. Schoenfielder. Members absent were Mrs. Price & Mr. Collman . Others present included Alderman Hayden, Alderman Radke, Attorney Grant, Jim Olson, Jim Clarage, Mayor Davidson and Attorney Kramer. Also present in view of the public hearing were the following citizens : Bob Lee , Elden Madden, Mary Madden, Shirley Schiltz , Ed Schiltz , Jim Perkins , Judy Perkins , Ralph Buchner , Joanne Buchner , Gary Thomas , Pat Thomas , Chuck Fillippi, Bonnie Killianek, Chrissy Killianek, Don Forbes, Lance Riemenschneider, Jim Shultz, Dale Woodworth, and William Davis . MINUTES The minutes of the previous meeting were accepted as presented. The motion was made by Mr . Langland and seconded by Mr . Stewart . The regular meeting was then adjourned to conduct the two public hearings on the agenda - PC87-45 , Petition by James C. & Judy L. Perkins to Rezone B-1 to R-3, 5.0 acres @ 419 E. Walnut St.; PC87-47, Petition by Robert E. Lee Building Co. to Annex & Zone from Kendall County A- 1 to "0" Office Zoning, 2 acres south of corporate limits and west of Illinois Rt . 47 . ( see separate minutes from the public hearing) After the public hearing was closed, the Plan Commission resumed with the first petition on the agenda : PC87-45 - PETITION BY JAMES & JUDY PERKINS TO REZONE R-1 TO R-3 , 5 ACRES , 419 E. WALNUT ST. it was pointed out that the property in question was not 5 acres , but approximately 15 , 000 sq . ft . Jim Clarage questioned the property to the east - would there be B- 1 zoned areas directly east. He stated that the plan to rezone meets requirements according to the planning aspects. Mr. Greiter asked if this was a solid plan or could it be continued for discussion if necessary; he questioned that the commission should consider which zoning - commercial or residential - would be more advantageous to the community. Mr. Clarage stated that the market place is going to determine the land use to a large extent. The question should be whether the request is reasonable looking at the market place; is Walnut St. , in reality, a prime business area and should it be reserved as such, or is this a reasonable transitional request . Mr. Greiter questioned the impact on the schools and other services that the recent approvals might have. Is it possible that the overall plan is ignored and are decisions being made too quickly? Page 2 Jim Clarage pointed out the beneficial points arising from the proposed plan. He stated that the Comprehensive Plan provided for a large portion of commercial development and a strong tax base. The plan as presented by Jim Perkins would help provide a base for balance between residential and business areas. Attorney Grant reaffirmed the fact that the property along Walnut St. would definitely be residential. he referred to the original plan for the Stark property which did not allow any entrance to the buisiness area from Walnut St.; they are consistent with that plan in that the present plan would call for all residential property development along Walnut St . Attorney Grant mentioned that the placement of the sewer line was already set by approval by the City Council. The question of direct relationship to the tree line was vague. The final decision regarding sewer lines would have to be addressed at the appropriate time in the future . Mr. Feltz mentioned the development of the property along McHugh Rd. Although the land is on Tuma Rd., but is in the same parcel as along McHugh, it would most likely be residential at some time and would also need access to sewer and water. There is a potential of the lines going right on through to any development there . Attorney Kramer summarized the problem as follows : certain questions regarding sewer and water can only be answered by city engineers, and it is really not known what is going to be done with the rest of the property ( it has been zoned for business, but has not yet been platted for such. The Plan Commission and the City has, however, tried to plan so that there is only one cut going into the property to keep commercial traffic off Walnut St. and to get a main feeder street around the south side of Walnut St. Likewise, keeping the utility options open is a priority. The biggest growth is going to be to the north. Again, Attorney Grant stated that their plans were contingent on the final plan of the church property regarding sewer and water . Larry Langland referred to the original plan for the property to which he was a part several years ago. The objective then was to keep the trees as a buffer to the commercial areas . The issue for this meeting is the zoning of the property section along Walnut that Jim Perkins wishes to develope with his duplex. larry stated that this was a good start on insuring residential property all along Walnut St. He also stated that the objections presented to the utility line placement were valid and appreciated; however the issue concerning the Plan Commission was the zoning . The motion to approve the request to rezone the 15, 250 sq. ft. parcel by James & Judy Perkins at 419 E . Walnut St . , and to recommend that the city look into the possibility of placement of the sewer line so as not to disrupt the tree line was made by Larry Langland and seconded by George Stewart . Page 3 A roll call vote was taken with results as follows : Feltz - yes ; Stewart - yes ; FHoldiman - yes ; Ament - yes ; Langland - yes ; Stafford - yes ; doetschman - yes; Bretthauer - yes ; Greiter - yes ; Schoenfielder - yes Motion approved . --------------------------------------------------------------------------- PC87-46 - PETITION BY WAYNE MCFARLAND FOR REVIEW OF FINAL PLAT, 6 LOTS EAST OF RT. 47 BETWEEN RT. 34 & WALNUT ST. Chairman Feltz received engineering drawings and presented them to both Mayor Davidson and Jim Clarage . Jim Olson offered to answer questions relating to the request. He referred to a commission request that a note be added to show no direct access along the lot lines to Rt. 47. He further referenced a note setting forth the conditions for the easement along the east side which would serve as a driveway . Larry Langland questioned the note regarding the covenants and restrictions ; there are no direct references listed as to what they actually are. Jim Clarage stated that thhe deed convenants and final plat copies were requested at a previous meeting. It was suggested that the matter be deferred until the copies of all requested items could be distributed to commission members . However , Attorney Kramer said that the building permit was already acquired for the first building and that the EPA permit had been received - the go ahead for that building was certain whether the commission approed this meetings's request or not . Larry Langland moved that the petition be tabled until the Plan Commission has received the requested documents prior to the meeting for next month. The motion was seconded by George Stewart. Chairman Feltz then called for any discussion . Jim Stafford questioned the capability of the present sewer system now. Attorney Kramer explained the system capacity as told by Mr. Pfister at a joint meeting of the sanitary district and the City Council. It appears that there could be a problem within the next year related to capacity. He responded to a question by Mr. Greiter that it was the sole responsibility of the Plan Commission to approve zoning - the sanitary district would have the final say regarding their service . Chairman Feltz then called for a roll call vote . Stewart - yes ; Holdiman - yes ; Ament - yes ; Langland - yes ; Stafford - yes ; Doetschman - yes ; Bretthauer - yes ; Greiter - yes ; Schoenfielder - yes ; Feltz - yes Motion was carried . Page 4 PC87-47 - PETITION BY ROBERT E. LEE BUILDING CO. TO ANNEX & ZONE KENDALL COUNTY A- 1 TO CITY OF YORKVILLE '0' OFFICE ZONING, 2 ACRES SOUTH OF CORPORATE LIMITS AND WEST OF RT. 47 . The presentation of the petition has been made during the public hearing. Chairman Feltz asked if any further discussion remained. Mr. Clarage made the following comment to clarify several points. First, the north/south width of the property is 257 ft. - considering that the office building would be 128 ft. wide, there could be a 50 ft. side yard on the north and an 80 ft. side yard on the south. Also, it is recommended that the building be as far south on the property as possible to enhance exposure to highway traffic. He further suggested the addition of a landscape plan that benefits both the homeowners and the tenants of the office building along the transitional line. Mr. Lee should show his ideas as complete as possible on the site plan to clarify andy questions that the Zoning Commissioner may have . As to timing, Bob Lee questioned the time involved since he is anxious to get started . George Stewart made the motion that the Plan Commission approve the rezoning and annexation and that the Zoning Officer be empowered to look at the screening, that there be a 50 ft. buffer to the north on the side yard, and a drainage provision as required by the ordinances. Don Schoenfielder seconded . Chairman Feltz asked for any other discussion from either the members of the commission or the citizen present. A roll call vote was taken with results as follows : Holdiman - yes ; Ament - yes ; Langland - yes ; Stafford - yes ; Doetschman - yes ; Bretthauer - yes ; Greiter - yes ; Schoenfielder - yes ; Feltz - yes ; Stewart - yes The motion carried . -------------------------------------------------------------------------- PC87-48 - KENDALL COUNTY PETITION BY TOM TANNER FOR FINAL PLAT APPROVAL OF TIMBER RIDGE SUBDIVISION, RT . 34 , EAST FROM RT. 47 . Tom Tanner made his presentation. The first unit was presented previously and approved. The request tonight is for the second unit with the final plat being presented to the commission. It was clarified that the discussion of the Plan Commission is really for the county ; the county board will make its decision based on the input from the Plan Commission along with their discussion. Discussion followed with reference to Timberline Rd. to the west, fire dept. concerns, and the cul-de-sac diameter (90 ft.). Mr. Bretthauer stated the concerns of the fire dept . would be discussed at their regular meeting . Mr. Greiter questioned the outlet from the subdivision - it is not on Bristol Ridge Rd. Mr. Stafford questioned the covenants ; Mr. Tanner said that there would be some minimum covenants such as the size of the homes to be constructed ( 2400 sq . ft . ) . I Page 5 Mr. Greiter expressed concern on the relationship of the new subdivisions and the present school system and directed his question to Mr. Doetschman. Mr. Doetschman explained that the high school was at the maximum and the lower grades will eventually level off. Attorney Kramer explained the land cash provision for the benefit of the schools. Chairman Feltz agreed there was a definite concern as far as the school ; however, building could not be prohibited for that reason. Reference was again made by Mr. Greiter to the effect the addition of more subdivisions would have on the schools , the sanitary system, the water demand, traffic problems , and the city as a whole. Chairman Feltz clarified the fact that whether or not the subdivision can be developed is not within the control of the commission; what needs to be considered is the influence on the aspect of what can be controlled - making sure how it is developed meets existing conditions . Attorney Kramer referenced the options open to the monitoring of growth. We cannot restrict new growth by a certain percent - we can recover cost by provisions on building permits , etc . Mr. Langland moved that the final plat of unit of Timber Ridge Subdivision by approved as presented. Second was made by Mr. Stewart. Roll call vote was taken. Ament - yes ; Langland - yes; Stafford - yes ; Doetschman - yes; Bretthauer - yes ; Greiter - yes ; Schoenfielder - yes ; Feltz - yes ; Stewart - yes ; Holdiman - yes . Motion carried . -------------------------------------------------------------------------- PC87-49 - KENDALL COUNTY PETITION BY WILLIAM WACKERLIN FOR REVIEW OF PRELIMINARY PLAT FOR SUBDIVISION - 9 LOTS ON TUMA RD (Materials - PC87-39 ) Jim Olson stated that when the plan was presented to the County Planning Commission, it was not acted upon because the county wanted to see an overall plan for the entire 150 acres. It was then taken before the County Zoning Board of Appeals. The preliminary and the final plat will be presented at the county level at the same time. Mr. Olson stated that the petitioners would like to do the same for the City Plan Commission. It was decided to defer further discussion or any decision until the next meeting . --------------------------------------------------------------------------- PC87-50 - PETTTTON BY DR DAVIS FOR REVIEW OF PRELIMINARY PLAT FOR PHASE 8_ OF WILDWOOD SUBDIVISION - 13.949 ACRES/20 LOTS - EXTENSION OF CROOKED CREEK RD . OFF RT. 126 . Jim Olson initiated the presentation with the fact that the property was purchased approximately one year ago. The entire Wildwood tract was purchased - this petition is for 14 acres of the tract. The minimum lot size would be 20,000 sq. ft.; they would be served by hook-up to the new water tower; no variances would be asked for in the way of storm sewers; water detention would be set aside in the open space along the creek Vage 6 between the subdivision and the Commonwealth Edison line; there will be sidewalks , curbs, and gutters. The existing Crooked Creek Drive would be used; there would be a separate construction entrance. The lots would require private septic fields for each home . It was stated that the petitioners had met with the city council and sewer committee and submitted the population equivalents for water usage . For the benefit of new Plan Commission members, a brief history of the Wildwood negotiations was presented. Chairman Feltz stated that he and Mr. Langland were part of the group who first spent numerous hours considering this development and making it fit into city planning. It is his feeling that you cannot view only a small portion of this development at this time. The whole project would need to be reviewed. Larry Langland reaffirmed the need for an overall plan, not one smallpiece of the property presented at various intervals in time. He suggested that once the overall was approved , the units could be presented one at a time . Attorney Kramer mentioned that the effect on the sewer system was a factor. He stated that if the developers wanted to proceed with the plan as approved by the city council 6 years ago , the Plan Commission could not restrict the project - the zoning is already approved. The biggest concern would be with the sewer line . Alderman Hayden asked when the original agreement would expire. This is in effect until 1993 . If not development occurs before that time , the area would revert back to R-1 . The petitioners asked that their position be considered - cooperation with the city, decrease in plan as to density; they are open to any ideas. However, future development is uncertain; there request is to start with this portion of the property. It was suggested to hear questions from the neighbors present. The main concern was the entrance road, the type of homes to be built , and what restrictions are involved . Mr. Stewart addressed the petitioners stating that the commission was appreciative of the situation they were faced with; however, to do their job, which was to advise the City Concil in respect to the project , it was necessary to be able to view a total plan. Regarding the sewer situation, Attorney Kramer gave the following comments : there will have to be a joint Sewer/Building & Zoning committee meeting; the format of the annexation agreement calls for sanitary sewers on the whole project ; at the present time, the project has been annexed into the city, but it is not yet a part of the Yorkville/Bristol Sanitary District. There must be a decision of some kind regarding the development in relation to the effect on the city and the sanitary district; whether it be to allow some development without sewer , or to take a "no development" view, or perhaps to allow development of residential area only and ask for a modification of the annexation agreement . Chairman Feltz suggested that the matter be tabled until more information be made available. Attorney Kramer suggested that a joint Page 7 meeting was a possibility, adding that all meetings are open to the public as well as the developers ; any questions that they wish to ask could be answered at that time . Mr. Davis expressed some confusion as to what the commission in fact wants ; he does not feel that the entire project can be planned at once . Mr. Langland again stated that an overall plan for the entire acreage was necessary before any decision can be reached. After further discussion, Mr. Clarage recommended that a professional planner be considered by the owners to assist in the overall project development . Mr. Stafford made a motion to table until further recommendation from the city; he further stated that there also be a joint meeting as suggested by Attorney Kramer. Mr. Langland proposed an amendment to the motion to state guidance (not recommendations) from the city. Chairman Feltz suggested that the matter be tabled with the reason stated simply - "more information be made available." The second to the motion was made by Mr. Ament . In answer to additional questions by the petitioners , Attorney Kramer offered suggestions as to what things cokuld be done to give the commission the information they needed . After restating the motion to table and the second, Chairman Feltz asked for a roll call vote : Stafford - yes ; Doetschman - yes ; Bretthauer - yes ; Greiter - yes ; Schoenfielder - yes ; Feltz - yes ; Stewart - yes ; Holdiman - yes ; Ament - yes ; Langland - yes Motion carried . OTHER BUSINESS Chairman Feltz introduced the calendar for the meetings for the future and related questions as to the dates of the December and March meetings. After a short discussion, a motion wo keep the dates as scheduled was made by Mr . Langland and seconded by Mr . Doetschman. Motion carried . Chairman Feltz further stated that the present situation with scheduling items for the agenda was causing difficulty. It is the perogative of the Plan Commission Chairman, the Mayor, or the City Clerk to schedule these items - Mr. Feltz asked that records show that the time guidelines for submitting items for the agenda be adhered to, in addition, the proper related paperwork be provided. The present workload does not allow for lengthy discussion on petitions that are incomplete or for which there has not been sufficient notice provided for study by the Plan Commission. At 9 : 50 P.M., Chairman Felts asked for a motion to adjourn the meeting. It was so moved by Larry Langland, and seconded by Don Ament. Motion carried. ------------------------------------- Joanne Ellertson, Recording Secretary MINUTES OF THE PUBLIC HEARING OF THE PLAN COMMISSION OF THE UNITED CITY C THE VILLAGE OF YORKVILLE , KENDALL COUNTY , ILLINOIS , HELD AT CITY HALL ON OCTOBER 21 , 1987 AT 7 : 00. P .M The regular meeting of the Plan Commission was adjourned after the approval of the minutes in order to conduct the two public hearings scheduled as PC87-45 and PC87-47 . (PC87-44 , Petition by Countryside Center , Inc . , was dropped from the agenda.) Members of the Plan Commission and others in attendance are listed on Page 1 of the regular minutes . Chairman Felts conducted the swearing in of those wishing to speak at the public hearing . PC87-45 - PETITION BY JAMES C. & JUDY L. PERKINS TO REZONE B-1 to R-3, 5.0 ACRES @ 419 E . WALNUT ST . The presentation was made by Attorney Tom Grant. He explained the area in question is 15 ,250 sq. ft. The plans are to build a duplex; Jim & Judy Perkins to occupy one-half. It was stated that it was the intent to develop the rest of the parcel at a future time. Thev wish to start construction this fall if possible ; if not , in early spring . Larry Langland reminded the commission that the property in question is part of the Stark property - the upper right of the plat shows original plan as approved by the commission several years ago. The proposed cut is in deviation of the original plan and the effect of this should be considered by the present commission relative to the over-all plan. Mr. Grant pointed out that the area to be developed was being down zoned - from a business use to residential ; the over-all proposal would be a mix of duplex and single family homes, and again a kind of transitional area getting into the business area along Walnut St. Only a small portion is now being selected for rezoning since further development may be contingent on the property immediately to the north. The affidavit showing that notices were sent to neighboring residents was then presented by Mr . Grant . Mr. Feltz asked for further discussion. Mr. McKeever asked about the tree line; his concern was the destruction of existing trees which the original plan would have protected . He asked why the sewer line couldn ' t be put down through the street as has been customarily done. Attornev Kramer mentioned that hearings were held regarding the question; Mr. McKeever stated the hearings were with Starks, but not with any other property owners on that side of the street. It is his feeling that the original plan be honored. Mr. Feltz thanked Mr. McKeever for his comments and closed the discussion on this portion of the hearing . -EC:A7-47 - PETITION BY ROBERT E. LEE BUILDING CO. TO ANNEX & ZONE FROM KENDALL COUNTY A- 1 TO "0" OFFICE ZONING, 2 ACRES SOUTH OF CORPORATE LIMITS AND WEST OF ILLINOI RT. 47 . Bob Lee presented his plans for development as follows : the construction of an office building on a 2-acres lot. Mr. Lee presented photos of a similar building to the commission. Minutes of the Public Hearing - 10/21 /87 Page 2 It was stated that all requirements of the city would be met ; the building would be similar in height to a one-story house and would face Rt. 47. Mr. Greiter questioned the position of the driveway; Mr. Lee stated that there would not be a highway cut. The entrance to the proposed building was in agreement with the adjacent owners. Parking would be in front of the building. The question of how close the building would be to the residential property was raised by Shirley Schiltz - code requires a minimum set back of 10 feet. Jim Clarage recommended that the side yard to the north be provided (50 ft.). Mr. Lee further stated that the code explains what requirements for transition between office and residential should be. Mr. Clarage commented on the uniquness of this issue; any details may be included in the pre-annexation agreement . The question of water retention was raised ; Mr. Lee said the plan was to run the water to the south; no water would run across the adjoining property. Bob Davidson affirmed that Mr. Lee has provided excess retention - 50% more than necessary . Mr. Feltz introduced the fact that Dan Kramer would occupy the proposed building . ( Presented as a matter of record . ) Mr. Madden asked if there would be a screen between the building and the residential property. Mr. Lee stated that the code would be followed. It is the intent to build a suitable structure to fit in with the general scheme of the neighborhood . Chairman Feltz closed the discussion on this topic and ended the public hearing protion of the meeting . ------------------------------------- Joanne Ellertson , Recording Secretary t, , y ,b fI I i 's t i Ll � ti o 3S 3, jzt 4-- °� � G � 71 { r I t j