Plan Commission Minutes 1987 11-18-87 . MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE,
KENDALL COUNTY, ILLINOIS, HELD AT CITY HALL ON NOVEMBER 18, 1987, FOLLOWING THE
PUBLIC HEARING.
The meeting was called to order by Chairman Harold Feltz with the following
members in attendance: George Stewart, Don Ament, Larry Langland, Larry
Bretthauer, Dave Greiter and Don Schoenfielder. Absent were Clarance Holdiman,
Mary Kay Price, James Stafford, Rick Doetschman, and Kevin Collman.
Others present included Dan Kramer, Jim Clarage, Mayor Davidson, J. T.
Johnson, and aldermen Gary Bown, Bill Radke, and Jim Hayden.
PC87-51 - Petition to Rezone R-1 to R-2 on E. Main St. & McHugh Rd. by Countryside
Center, Inc. (R. Deane)
As noted in the Public Hearing notes, this has postponed until a later
date due to the fact that the petitioners are not prepared to present
the plat at this time.
PC87-52 - Petition to Annex & Rezone A-1 to R-2 on, Woodworth Subdivision, First
& Second Additions - (D. Woodworth)
Tom Grant made the presention for developer Dale Woodworth. Mr. Grant stated
that Mr. Woodworth has no intention of developing what is shown as lots 64 through
74. He will be coming back with the actual preliminary plat for the First Edition
after the first of the year.
It was further stated that the continuation of Main Street would not become
an issue in the First Edition development phase. It would be discussed with plans
for the Second Edition. Tonight the request is for annexation and zoning for the
entire project. Again, however, it was stated that the first phase would include
lots north of Main Street or one series of lots south of Main Street, but nothing
going down into the property for which concern is being expressed at this meeting.
Chairman Feltz stated that the total acreage should be stated in the legal
description. Also, he questioned where the road would be in respect to Main St.
Mr. Clarage suggested that the matter be discussed in depth when the preliminary
plat is presented to the Plan Commission.
Mr. Greiter questioned the area to the west as concerned the Sanitary District
and who would be responsible for bringing sewer lines to the property. He expressed
concern of this becoming a hidden expense for the city. It was verified by Dan
Kramer that on site improvements would be paid for by the individual owner or
developer, not by the city.
Mr. Grant asked that the Commission pay close attention to the possibility of
running Main Street through and considering the designation of Quinsey Road as the
main trunk instead. Dale Woodworth questioned if the proper flow of traffic was
within the control of the Plan Commission. He stated that the traffic problem
existed at the present time where Main Street meets Rt. 47 and that it would be
enhanced even more should Main Street be used as the main trunk.
PLAN COMMISSION MEETING MINUTES -- PAGE 2
Alderman Hayden asked if the property was currently within the Sanitary
District. Mr. Grant stated it was not but would be; after approval of annexation,
the request would be presented to the Sanitary District. Final engineering plans
would not be approved until the area was with the District.
Land owner Frank Taus stated that he would be willing to dedicate to the
city or the county the easement that would be required should Quinsey Lane be
extended. Chairman Feltz suggested that the Plan Commission members go to the
site and look over the area prior to the next scheduled meeting.
Mr. Clarage stated that from a planning standpoint there did not appear to
be a problem with the proposed land use and the proposed annexation, with the
exception of some technical considerations as follows:
1. The acreage should be shown on the legal description
2. The plat of annexation prepared by the surveyor in graphic form
should show specifically how their property abutts the existing
city limits, with the legal attached to that also.
Mr. Langland made the motion that the Plan Commission recommend approval of
annexation and rezoning from A-1 to R-2 on the Woodworth Subdivision, First and
Second Edition. The second was by Mr. Stewart. A roll call vote was called for
with unanimous results as follows:
Feltz - yes Stewart - yes Ament - yes Langland - yes
Bretthauer - yes Greiter - yes Schoenfielder - yes
Motion carried.
PC87-53 - Kendall County Petition to review Preliminary & Final Plats on Tuma Rd.
(W. Wackerlin)
Richard Schiller represented the Wackerlin family. He stated that the plat
as presented at this meeting is totally consistent with the original submittal
that was reviewed and commented on previously. In response to the question on the
widening of Tuma Rd., he stated that there was a 13 foot dedication provision --
shown on the southerly side of Lot 1. There is also a provision for future
access between Lots 2 and 3.
Some confusion was caused by the difference between the original drawing and
the present one. (the first showed a total of nine lots and the present one shows
a total of ten) It was verified that Lot 3 as shown was actually to be a dedicated
street.
Chairman Feltz stated that the County had some difficulty with the issue and
that it was his feeling that the Plan Commission would get the petition back in
the form of a preliminary plat; it was further stated that he thought the County
had questions on which way the houses would face. Mr. Schiller stated that the
original proposal was approved by the Zoning Board and the County Board, although
the Plan Commission unanimously recommended that all the houses have the back
yards on Tuma Rd. He further stated that there were numerous arguments to this;
PLAN COMMISSION MEETING MINUTES -- PAGE 3
he stated that he did not think that people would like to look at the backs of
houses along Tuma Rd. and that is the situation that a frontage road proposal
would create. He stated that the zoning board and the county board agreed and
left the sketches as they were.
Larry Langland questioned the fact that the proposal was turned down by the
County because they wanted to see the project in its entirety. Dan Kramer stated
that it was not actually turned down, but tabled until the City Plan Commission
had a chance to review.
Jim Clarage stated that it was his opinion that the Commission had been
quite emphatic on requesting a 66 foot right of way. It appears that now the
total right of way would be only 53 feet which is not sufficient.
Mr. Schiller stated that an additional 26 feet is required to meet the
Commission request for a 66 foot right of way. There is an existing 40 feet and
the property owner is willing to give his half of the additional 26 feet; the
property owners along the other side of Tuma Rd. would give the other half. Mr.
Clarage stated that it would be more of a hardship on those owners to do so than
it would be on the petitioners; he further stated that he did not feel that
asking the petitioner to provide adequate right of way was being unreasonable.
Mr. Clarage stated that the original request was made as a premise to good
future planning. He would have to recommend that the recording plat not be signed
if the petitioner did not want to give up the appropriate right of way. Mr.
Schiller said that it was not his understanding that the Plan Commission request
was a condition that had to met, but a recommendation for consideration.
Mr. Wackerlin asked that the commission consider the problems that would be
caused by widening the road as suggested. He further stated that at the previous
September meeting there was was no mention of the additional thirteen feet as a
condition; in fact it was decided to go ahead with the petition as presented.
Chairman Feltz referred to the Sept. 16 minutes stating that Mr. Clarage recommended
the 66 ft. right of way (it is believed that the minutes stated 60 ft in error) ; .
reference was made to the fact that Tuma Rd.was .too narrow to comply with present
subdivision requirements. The commission was at that time only in discussion
stage and points relative to this and other questions would be handled when the
preliminary was presented.
Mr. Stewart asked that the Commission consider what effect the development of
the remaining 150 acres would have; the possibility of merging the resulting traffic
onto a 40 foot right of way could cause further problems at the American Legion
Post area.
Mr. Clarage again referred to the fact that from a planner's standpoint, the
53 foot right of way was not sufficient; the city must consider that at some point
in time they may have responsibility toward the property and proper right of way
must be provided for possible future improvements. He would recommend that the
Title Policy show that the owners be willing to annex into the city when the city
limits were adjacent to their property.
PLAN COMMISSION MEETING MINUTES .-- PAGE 4
Mr. Schiller stated that the recommendation was certainly not unusual. He suggested
that the matter be postponed until the next meeting for the purpose of clarification
of the presentation. Mr. Clarage agreed stating that it was not the norm to con-
sider both the preliminary and final plat at the same time.
Mayor Davidson brought up the fact that again it appeared that only a small
portion of the total picture was being considered. It is his opinion that it is
not wise to fall into this type of pattern. Mr. Langland agreed that the Plan
Commission had originally requested the overall plan and previously approved the
zoning only. Mayor Davidson further stated that this has happened in other sections;
property is being developed at the point farthest away from the city instead of at
the point adjacent to the city. Chairman Feltz agreed that some clarification as
to the development of the rest property should be presented. He further indicated
that the postponing of the petition seemed necessary and asked for a motion in that
direction.
Mr. Stewart made the motion to continue the discussion on this property at the
December meeting and that we also have information related to the tentative plans
for the rest property. It was seconded by Mr. Ament.
The motion was carried by a unanimous voice vote.
PC87-54 - Petition to review-Final Plat., east:of Rt. 47 &north of Walnut St. -
(W. McFarland) - Tabled from 10-21-87 .
Wayne McFarland presented his petition.- He pointed out the fact that the
stipulation of no access cut directly onto Rt. 47 was noted on the plat as
requested by the Plan Commission at the last meeting. (Lots 1 through 6 inclusive) .
The Plan Commission had not received copies of the updated plat at the time of
the meeting. Mr. McFarland did have several copies of the plat; however, without
sufficient time to review given to the Commission, Chairman Feltz suggested that
the issue be deferred until the next meeting.
Mr. Clarage stated that the following should be shown on the plat: "these
lots are subject to further covenants, conditions & restrictions recorded herewith"
with reference to ingress, egress, maintenance of the reciprocal easements & due
recourse for default. (or similar legal wording) It should be shown in such a
manner so as to be readily picked up by the Title Co.
He further suggested that copies be provided to all members of the Plan
Commission in time to review before the next meeting. Chairman Feltz reminded
Mr. McFarland that he would have to properly notify the city clerk to be on the
agenda for the December meeting. He then asked for the motion to continue.
The motion to continue the discussion on the final plat for the property east of
Rt. 47 & north of Walnut St. (McFarland) until the December meeting was made by
Don Ament & seconded by Don Schoenfielder. It was unanimously carried by voice vote.
PC87-55 —Petition to review Preliminary Plat of Wildwood .Phase 1, off Rt. 123 -
(Dr.Davis) - Tabled from 10-21-87.
PLAN COMMISSION MEETING MINUTES -- PAGE 5
Chairman Feltz reviewed the tabling of the petition at the last meeting &
referenced the fact that a joint meeting with the members of the City Council
& the owners had been suggested. In the absence of Jim Olson, Attorney Dan
Kramer asked if the owners present would care to present any information on their
thoughts on what the subdivision plans as originally approved with the Wildwood
people in respect to the sewer situation would be. The owners stated that they
were advised by Mr. Olson to appear & they were not prepared to present any plans
in their behalf.
Jim Olson arrived at the meeting shortly after and presented the following
statements relative to the petition:
1. The M-1 area (manufacturing) 66 acres - there are no plans to change
the plat from the original.
2. The area zoned R-4 - originally planned for 319 multi-family units.
They plan to change the area to R-3 & drop to 186 units, a reduction of
133 units.
3. Open area - to stay the same as the original plan.
4. Corner section - originally was 3� acres zoned B-1 - this would be
extended to 20 - 30 acres commercial. No immediate development is planned.
5. Middle section - Single family - 234 units on original plan. This would
be reduced to lots close to one acre in size. Service with public water
would be planned. Private treatment plants or septic fields would be
used until such time as one of the other areas is developed or sewer
is available.
Mr. Clarage asked if the layout of the streets, sewer, etc. , could be shown
on the plat. It would facilitate future planning for service if a design pro-
viding easements for such a purpose could be provided at this time.
Mayor Davidson referred to the type & condition of the soil on the property
in question. He stated the field tile would have to be 6 - 8 inches to dispose of
the septic; this must be shown on the final plat. Individual perc tests would be
required to provide information on a spot check basis. Dr. Davis claims that
there was never any agreement regarding the sewer situation with the original owners.
Davidson maintained his position on the soil and stated that the 6 - 8 inch tile
Would be a condition of the approval of the plat. Dr. Davis expressed concern
that as petitioners, the owners were being asked to comply unfairly with existing
guidelines.
Jim Olson referred to Davidson's statement that an answer on sewer service
could not be given until the decision of whether or not the Sanitary District
would expand was reached. He stated that expansion could take quite some time
& the developers should not be required to wait to proceed.
Chairman Feltz stated that the question of payment for bringing the sewer
to the land must be considered. The community should not be expected to pay for
the development,as related to sewer service. Mr. Olson said that the scope of the
project was too immense to handle; Dr. Davis suggested a bond issue.
PLAN COMMISSION MEETING MINUTES -- PAGE 6
Dan Kramer offered the following options to solving the existing problems
the sewer & who is going to pay for it. He stated that the decision of the
Sanitary District was pertinent to this project as well others in question at
this time. If the District plans expansion fairly quickly, then there is a planning
choice that Mr. Clarage_ can advise.on. Options may include allowing the develop-
ment of a number of lots with septic with a requirement to hook up to sewer when
available (or when system no longer functions) & restrict further lots to hooking
up to sewer. The financing issue would have to be considered, perhaps by creating
a special tax district to help defray costs. He is of the opinion that lengthy
discussion & argumentative compromise would be necessary before a solution is
reached on the subject.
Dr. Davis questioned the Sanitary District capacity; Dan Kramer affirmed
that the only comment by the District was that the line coming from the Industrial
Park could not take any more, not to say that it would not be expanded. He
further commented that approximately six other developments are faced with the
same problems relative to the Sanitary District as the petitioners.
Dr. Davis explained again that they wanted an okay to go ahead with one acre
lots -- they would be more than happy to hook to the sewer line when and if it
becomes available. Mayor Davidson maintains that an answer from the Sanitary
District is necessary to outline some projected time span for development. Dr. Davis
requested a definite answer in December at the Plan Commission meeting.
Chairman Feltz interjected that as a Plan Commission there really was no
clear decision that could be reached at the present time. Presently the original
Wildwood agreement exists and nothing is changed. Regarding sewer annexation, there
is a difference of opinion between the Plan Commission and the present owners rela-
tive to the agreement that was or was not made. Chairman Feltz called for a
motion to defer.
The motion to defer discussion on this property until further information
is made available was made by Larry Langland and seconded by George Stewart.
A voice vote was called for and the motion was carried unanimously.
IMPLEMENTATION OF IMPACT FEES
The next order of business was present by Dan Kramer. He recommended that
the city move forward on implementation of impact fees. He stated the city of
Naperville and Batavia as examples. Naperville is presently using a flat per
acre assessment that is unusually high; Batavia is using $1000 per lot divided as
police, fire, sewer/water, electric at $250 each. Money is to be used for capital
improvements only, not for salaries, operating expenses, etc.
In his opinion the city of Yorkville needs to consider this approach now --
considering for expansion of sewer lines and the impending problems. Getting such
an ordinance on the books without delay would encompass present building antici-
pation. (Woodworth, Williamsport, Purcell/Deane)
PLAN COMMISSION MEETING MINUTES -- PAGE 7
Presently there is a land cash amount for school of $500 & $346 for Parks
and Recreation (J.T. Johnson provided figures' as relating to single family units) .
After open discussion the following allotment was decided upon:
1. $450 - Public Works/Sewer/Water/Roads
2. $150 - Police
3. $250 - Fire Department & Ambulance
4. $150 - Municipal Public Building
It was verified that the amount mould be',paid at the time the building permit was
acquired. Mr. Langland stated that it would cost an average of $2000 for a
building permit. Dan Kramer-& Jim Clarage explained that this could be used as a
tool for bargaining purposes.
The motion to recommend to the City Council to pass an ordinance to handle
a impact fee as described above was made by Mayor Davidson; the second was by
Larry Langland. A voice vote unanimously carried the motion.
Chairman Feltz adjourned the November meeting of the Plan Commission at
9:30 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 CITY HALL ON NOVEMBER 18, 1987, AT 7:00 P.M.
The regular meeting of the Plan Commission was recessed to conduct the Public
Hearing scheduled. In attendance were Plan Commission members as follows:
Chairman Harold Feltz, George Stewart, Don Ament, Larry Langland,
Larry Bretthauer, Dave Greiter and Don Schoenfielder.
Also present were Dan Kramer, city attorney, and Jim Clarage, city planner. The
citizens in attendance are listed on the attached sign-up sheet.
PC87-51 - Petition to Rezone R-1 to R-2 on E. Main St. & McHugh Rd. by
Countryside Center, Inc. (R. Deane)
Due to the fact that the petitioners were not at this time prepared
for the presentation, this item was postponed until a later date.
PC87-52 - Petition to Annex & Rezone A-1 to R-2, Woodworth Subdivision, First
& Second Additions by Dale Woodworth.
The discussion commenced after the swearing in of all persons who wished
to speak at the hearing. Tom Grant presented the Affidavits of Notice to
Chairman Feltz. In addition to the annexation and rezoning, the petitioner is
requesting the review of the preliminary plat for suggestions from Plan Commission
members. (The plat is the original one used in 1978 and Tom Grant advised that
there would be changes when updating it to the present time.)
The development is planned in two phases, first &second editions; the
reason being basically the economics involved. The zoning is consistent with the
other property in the area as well as with the comprehensive plan for the area.
The first edition will consist of twenty-nine lots; the second calls for forty-five
lots, but the plan most likely will eliminate the lots by the river and reserve the
area for a park.
What is being reviewed at this meeting is primarily a sketch plan with the
intention of presenting an actual plat at a later date. Discussion was opened to
citizens interested in commenting. Mr. Gawne (Gawne Subdivision, Lot 1) stated that
it was his understanding that the property in question was on a flood plane -
that no additional construction would be allowed along the riverfront property. He
expressed.:concern based on past occurences after new construction. In his opinion
a possible "swamp area" .would be created if a park were developed. Mr. Grant
stated that the area being questioned is actually farther west and not included in
the present plan.
Esther Riley questioned what effect the development as planned would have on
the creek presently flowly freely and asked if interference with the natural flow
of water would be prohibited. The question of extension of the existing road was
also raised. Dale Woodworth discussed both with the persons questioning and ex-
plained that he did not intend to interfer with the creek, nor did he plan on
further development of the road as presently existing.
MINUTES OF THE PUBLIC HEARING -- PAGE 2
Mr. Gawne commented on the issue of the creek. He stated that some years ago
the problem of stopping the flow of water did exist; the legal opinion given
at that time was that the diversion of the creek off of his property was pro-
hibited by law. He further stated that regarding the road, the city of
Yorkville goes through about the middle of the road behind his property and the
rest of the road is private. It is his opinion that further extension of the
road would be prohibited due to efforts to stop such extension by the property
owners.
It was also questioned by a concerned individual whether the extension of East
Main Street was being planned. Chairman Feltz indicated that this could not be
answered at this time. Part of the purpose of the public hearing was to hear
the concerns of those attending. The actual question of such extension would be
certainly be discussed when the developmental plan was reviewed.
Chairman Feltz asked for any further discussion regarding the issue and hearing
none adjourned the public hearing.
Joa ne M. Ellertson, Recording Secretary
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