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Plan Commission Minutes 1986 12-23-86 MINUTES OF THE PLAN COMMISSION OF THE CITY OF YORKVILLE HELD CITY HALL ON DECEMBER 23, 1986 AT 7:00 PM - ---- ---- --- -- -------- --- ---- -- ---- -- Chairman Groner called the meeting to order. Roll was called with the following members in attendance: Mr. Langland, Mr. Beaudry, Mrs. Price, Mr. Groner, Mr. Holdiman, Mr. Ament, Mr. Stewart, and Mr. Feltz arrived at 7:15 pm. A quorum was established. Also present were Jim Clarage, Dennis Fahrlander, Jim Hayden, Bob Davidson, Attorney Tom Grant, Ted Shick, Garry C. Gabel, Glen Gabel, Verne Henne, Greg Huber, Steven Bazan, Ralph Meade, Bob McNelis, Carol B. Doty, Gary A. Tews, Doris Drawhon, and George Bell. Chairman Groner temporarily closed the regular meeting to go into the pubic hearing. The regular meeting reconvened at 7: 18 pm. Minutes Mr. Langland made a motion to approve the October 28, 1986 minutes as written. Mrs. Price seconded the motion. All members present were in favor. PC-86-11 & 12 - Petition to Annex and Zone A-1 to B-3, 7.0 acres by Ted Shick -------- -- ----- --- ---- --- -- - — ----- - --- ----- & Clarence Holdiman on Rt. 47, north of Rt. 34 Chairman Groner stated that the first item of business would be to make recommendations on the property discussed in the public hearing. Mr. Langland felt that the same restrictions that were placed on the Westphal property under B-3 zoning should apply to the proposed property, because he did not want to see any junk yards or body shops. He felt that they should be consistent. If it is required for one piece of property, it should be required on the next. Attorney Grant did not see any problem with the restrictions. He suggested that the commission recommend to the City Council that they review the zoning ordinance and have a separate classification for automobile sales, etc.. He believed that body shops fell under M-1 zoning. Mr. Clarage felt that rather than amending the zoning ordinance, the property should be brought in under a pre-annexation agreement to classify the restric- tions. Mr. Hayden thought that the zoning ordinance had been amended, so that the B-3 classification was split up, and a B-4 classification was created. The plan commission never received a copy of the amendment if it was split up. Mr. Groner felt that if there was a change, the commission should have received notice of it. Attorney Grant stated that he would have no problem with the restriction that no outside repair work be done other than vehicles sold through the establish- ment. At this point, they do not have any intention for auto sales. He will speak to the city attorney about the need for a pre-annexation agreement. They may not have to have another public hearing if it is reviewed by the City Council. MR. LANGLAND MADE A MOTION THAT THEY RECOMMEND THE CITY COUNCIL BE AWARE THAT THE PROPERTY IS COMING IN UNDER TWO PARCELS-THE ZONING CHANGE BEING ON THE 7 12/12/86 - p 2 ACRE PARCEL AND THE ADDITIONAL PARCEL JUST BEING ANNEXED. THE COMMISSION ALSO RECOMMENDS THAT THE CITY COUNCIL LOOK AT WHAT THEY DID IN RESTRICTING THE USES ON WESTPHAL'S PROPERTY, SO THAT THE SAME RESTRICTIONS WOULD APPLY TO THE PROPOSED PROPERTY. MR. AMENT SECONDED THE MOTION. A ROLL CALL VOTE WAS TAKEN. Holdiman - excused Price - yes Beaudry - yes Ament - yes Groner - yes Stewart - yes Feltz- yes Langland - yes The motion carried. PC-86-13 - Preliminary Plat = Henne/Huber Subdivision - 6 lots _ West End/ W. ---------- ---- ----- ---- ----------- - ---- ---- --- — Center & W. Somonauk Streets ------ - -- -------- ------- Chairman Groner stated that the Henne/Huber property was discussed at the last meeting. Attorney Grant represented the petitioners. The property is presently in the city limits and is already zoned R-2. They will stay consistent with that zoning on the lot sizes. The property is presently accessed by to city streets-Somonauk on the north, and Center on the south. The proposal is for 6 lots. There is an easement for storm water and it follows, in effect, the same line as the creek. The storm sewer outlets into the creek coming from the easement going east to the west. The property will be served with public water and sewer. The proposed hydrant is between lots 1 and 2. There is an existing hydrant on Somonauk Street betweeen lots 5 and 6. The sanitary sewer on lot 4 will be installed to serve lots 3 through 6. It then goes to the manhole on lot 2, which then goes east on the property. There is another indication for another 8 in. sanitary sewer. That sewer will run the gravity flow to the west to the same manhole that is picking up the 8 in. sanitary sewer that is coming from the west to east. In that manhole will be a pump that will serve as a force main which runs the sewage down a 2 in. force main back over to West Street. The plan is being reviewed by the city engineer. There doesn't seem to be any problem with it working. They would be willing to go to a 3 in. if there is a need for it. The city will maintain the lift station. All the lots are buildable, with limitations on lots 5 and 6 due to the slopes. Mr. Langland inquired as to whether there is a water problem in the area, and whether there is any danger in increasing the run off on the lots. Carol Doty felt that it would drain onto her property. She questioned as to what would happen when it drains into the pond at the end on her property which is then filled into a tunnel and then into JC Pond. She felt that if the natural flow is blocked, there will be a problem. Attorney Grant stated that there is a permanent easement which is non- buildable and cannot be interfered with for that reason. This is indicated on the map. Mr. Clarage stated that in the final platting the engineers will show some erosion control technique devices. When they apply for building permits, they will have to show a plan which shows that all the debris from the building site will not go down into the ditch area. When they come back, they will have to show the erosion control, ditch checks, and other particulars which will have to be worked out and certified by the engineers. 12/12/86 - p 3 Carol Doty stated that there are times when the water is as high as the tunnel that goes under the road. Mr. Clarage stated that when they submit the final plat to the commission, he would recommend the engineer's calculations be certified for storm flow, and then the adjacent property owners could be notified, so they have an opportun- ity to see the final plat. Mr. Hayden questioned as to whether there will be any sidewalks. Mr. Clarage stated that there is a sidewalk to the south, but he did not know what condition it is in. There is none on the north. The commission can require sidewalks. Attorney Grant stated that they do not want to put sidewalks in for just 4 lots, but they will if it is indicated that they will go some place. Bob McNelis was concerned that the east end of Somonauk Street, with a tar and seal surface, would be ruined before the lots are completed. Attorney Grant did not feel that there would be that much additional traffic with just four lots. Mr. Clarage stated that they could have that in their comments to the City Council. Mr. Clarage stated that the owner should state that the lots will have some type of architectural controls as far as the design of the house. Attorney Grant stated the they will be building the houses themselves and selling them. Mr. Clarage felt that the people that buy the houses could show some type of topography. Attorney Grant stated that they front approximately 320 ft. on Somonauk St.. If all the owners on Somonauk Street want to improve it, they would be willing to share their portion of expenses. Mr. Clarage stated that they have a 24 in. culvert with a 2 ft. invert that draws from the north side to the south side. The may have to widen the drainage easement on lot 2. Attorney Grant stated that one of the easements if for access for the city to get down to the forest perserve, and it's also the utility easement to run some electricty down there. He felt that the top easement may be a misprint. Mr. Clarage stated that they will need the full 20 ft. for the water. His main recommendation to the city engineer is to view the preliminary and the final plat prior to coming back to the commission due to the drainage. The petitioners intent is to stay close to the front of the lots and leave the back half wild. They are not going to change the natural lay of the land. Bob Davidson did not feel that the street was wide enough for 8 homes. He would like the petitioners to meet with the city to work out some setbacks. He would also like to see the lots re-platted, so they are 80 ft. wide. He did not feel that the city needed anymore "cracker box" lots. Mr. Langland stated that they meet the subdivision control ordinance on the lot width. 12/23/86 - p 4 Bob Davidson will ask the Fire Department whether there is a need for any additional fire hydrants, or whether the ones shown should be put somewhere else. They will have to submit an engineering drawing, and the city's engineer will have to approve it in order to accept the sewer or water. Attorney Grant would like the City Council to address these concerns so every- thing will be worked out for the final plat. They would like to be put on the agenda for the next meeting which is on the 4th Tuesday. Further public notice is not required. MR. LANGLAND RECOMMENDED THAT THE CITY COUNCIL REQUIRE THAT THE EASEMENT BE MAINTAINED, A SUBDIVISION PLAT APPROVAL BE REQUIRED, EROSION CONTROL BE REQUIRED DURING CONSTRUCTION, AND THAT THE FINAL PLAT BE SUBMITTED TO THE CITY COUNCIL WITH THE STORM FLOW INFORMATION. PC-86- 16 - Kendall =County Rick Johnson Rezoning (Rt_ 71) ------- ----- - ------- ------- --- Attorney Grant was requested by the City Clerk to be here regarding the Johnson property which is at the corner of Rt. 47 & 71. Jim Olson presented the petition at the October meeting at which time they requested rezoning from business to residential. The commission, at that time, did not want the property rezoned and requested that the property be annexed. They did meet with some of the adjacent property owners, the Doetschmans and Halbesmas. About 5 years ago, the Halbesma's, when they rezoned their property from agriculture to business, the adjoining property owners wanted the property to remain agriculture, so that in the future, it could be used for residential purposes. There were some buffer zones voluntarily placed on the south end of the property, and there shall be no building within 50 ft. of the north line of the Halbesma property, and no building within 25 or 50 ft. of the Doetschmans. Mr. Doetschman felt that if he would ever like to develop his property, it would be residential, and the Halbesmas, likewise. The proposal they made to the county, which was accepted, was to take the 2 lots they pro- posed as lots 5 and 6, and build a 4 ft. burm to protect them from the business property on Rt. 47, and then put plantings in, so the commercial is not visible. They will avoid access onto Rt. 47 because of the visibility. They have not had any opportunities to sell the property as commercial over the last several years. There is plenty of commercial that could go in between the Industrial Park and Rt. 71 to meet with the City's comprehensive plan. They do not want to annex to the city, because the city has nothing to offer. The road that they are proposing will meet county standards. They are prepared to place a convenant with the land and have each lot owner sign, that anytime in the future the city wants the property annexed, they will do so. Bob Davidson stated that he was concerned with the water run off. He felt that there should be some water retention, or it will all drain into the City. The drainage tile will run down the old street car track, which is now owned by Comm. Ed. . He would like to see the run off slowed down. Attorney Grant stated that the property drains to the south and then to the east. It then goes across Doetschman's property and then into the ditch, which goes through the Comm. Ed. easement. George Bell stated that when they put Rt. 47 in, they blocked any drainage coming to the west. All the drainage originates on the property itself. He 12/23/86 - p 5 did not feel that it would be much of a problem to retain any additional run off to any future development. Mr. Langland felt that the property was more suitable for residential rather than commercial. Attorney Grant stated that the lots are 1 acre plus. They will not put curbing on the street. It will be blacktopped. The land owners will be binded in their deed that they must agree to annex into the city at any time. They will have to sign a waiver of their right to object annexation. The Halbesma's and Doetschman's have no short range plans to annex their property. Mr. Clarage stated that the commission and city will have to decide whether they want a major land use revision in that area. He would think that the commission would be upset if one of the parties came to them in the future and wanted to go to commercial after the change was made in the comprehensive plan. If they keep changing the plan, it will have no meaning. He would like the adjacent property owners to write a memo to the city stating what their long range plans are, so that the City can adjust its plan. He felt that there would be merits in zoning either way, but it has to be one way or the other. There are almost 50 acres. Mr. Stewart felt that the decision of the commission should stand until the city receives something more substantial than good intentions. MR. LANGLAND MADE A RECOMMENDATION THAT; (A) TO GET THE LETTERS FROM THE TWO ADJACENT PROPERTY OWNERS STATING THAT IT IS THEIR INTENTION TO FOLLOW THIS GENERAL DEVELOPMENT PLAN, AND AT SOME POINT SEEK TO HAVE THEIR PROPERTIES REZONED TO RESIDENTIAL; AND (B) THE ONWER'S DEVELOPMENT CONDITION THE PROPERTY UPON A NON-OBJECTION TO ANNEXATION AT SOME FUTURE DATE SHOULD THE CITY REQUEST IT; AND (C) THE COUNTY BOARD, IN CONSIDERATION OF THE FINAL PLAT, EXERCISE EXTRA PRECAUTION TO ELIMINATE ANY EXCESS OF RUN OFF WATER AND PROVIDE SOME ON SITE RETENTION--THEN THE CITY WOULD HAVE NO OBJECTION TO THE REZONING. MR. FELTZ SECONDED THE MOTION. A ROLL CALL VOTE WAS TAKEN. Langland - yes Price - yes Holdiman - yes Beaudry - yes Ament - yes Stewart - yes Feltz - yes Groner - yes The motion carried. Attorney Grant requested to be on the agenda at the next meeting, and that a copy of minutes be sent to him. PC-86-14 - Preliminary Plat - Steve Bazan - Ponderosa Unit 2 on E. Van Emmon ---------- - ----- ----- - --------- ---- - -- -- --- ----- Road in Kendall County ---- -- ------- ----- Chairman Groner stated that the next item on the agenda was to consider Steve Bazan's preliminary plat. Mr. Bazan passed out new maps that had some changes from the one the commission received. He felt stated that they felt Ponderosa Drive should have a cul-de-sac. The present turn around you come up 100 ft.. They would have to cut down too many trees. Mr. Langland felt that it was a good route. i ~ 12/23/86 - p 6 Mr. Bazan stated that they may change the name of the street. It is all R-3 zoning. There are 6 lots going out to Van Emmon. Four of them have houses on them. Mr. Clarage felt that the county would pick up on any of the details. It is a county subdivision. Mr. Bazan stated that lot 17 and 18 is on the corner of Rt. 71 and Van Emmon. There will be access only on Van Emmon which is 510 ft. from Rt. 71. MR. FELTZ MOVED TO RECOMMEND THAT THE CITY ACCEPT THE PRELIMINARY PLAT AS PRESENTED. MR. LANGLAND SECONDED THE MOTION. A ROLL CALL VOTE WAS TAKEN. Ament - yes Groner - yes Stewart - yes Beaudry - yes Holdiman - yes Langland - yes Price - yes Feltz - yes The motion carried. Salary Mr. Hayden announced that the Plan Commmission members will start receiving a salary. The majority of the members felt that if they were to receive a salary, they would resign. PC-86-15 - Petition to Rezone by Ralph Mead, A-1 to R_3, 3. 1 acres in Baker's -------- -- ------ - --- -- - --- ----- -- ------- Subdivision, Wells Street off of Tuma Road _ Kendall County ----- ----- ----- ------ --- - ---- --- ------ ----- Chairman Groner stated that the next item on the agenda was a petition from Ralph Mead. The commission received maps in the mail. Mr. Mead stated that he would like to subdivide the property into two parcels, with access to the outer parcel by Wells Street and the lower parcel by the private roadway. The roadway is already in. Mr. Langland stated that the roadway is only 40 ft.. Mr. Mead stated that the road has been there for a long time. Mr. Groner felt that with another lot, the county may request that it be widened, and eventually dedicated. Mr. Mead stated that he did not intend to extend the roadway, because there is no where to extend it to. There are reidences straight across the roadway, and if it were extended, it would go through a garage. He only planned to have a 50 or 60 ft. driveway. Mr. Langland felt that any future development may affect the north drive. Fire and garbage trucks will have problems turning around. At the end of parcel 1, it is already cut down from 60 ft. to 40 ft.. Mr. Mead stated that there is 60 ft. reserved for a roadway all the way across. Mr. Langland felt that this property would be in the city someday, and it would be a mess if it is pieced in one parcel at a time. The city should look at the comprehensive plan for that area. Mr. Mead stated that the private roadway would run into a garage if extended, and Wells Street would run into a house. The garbage trucks have been turning around in his driveway for a long time. Park Drive runs back into Tuma Drive. 12/23/86 - p 7 Mr. Mead stated that there are five houses on Park Drive. Chairman Groner felt that it should be controlled, because it will be tied in someday. Mr. Clarage stated that Mr. Mead is only petitioning for rezoning from A-1 to R-3 at this time. In the future, he will have to go back to the County for subdivision, and the roadway would fall under that. Mr. Mead stated that he has two tax numbers, one for the house, and one for the property. MR. LANGLAND MADE A MOTION TO RECOMMEND TO THE CITY COUNCIL THAT THE REZONING OF THE 3.11 ACRES FROM A-1 TO R-3 BE APPROVED, AND THAT THEY REQUEST TO SEE THE SUBDIVISION PLAT. MRS. PRICE SECONDED THE MOTION. A ROLL CALL VOTE WAS TAKEN: Stewart - yes Feltz - yes Groner - yes Price - yes Holdiman - yes Beaudry - yes Ament - yes Langlad - yes The motion carried. Mr. Stewart made a motion to adjourn the meeting. Mr. Feltz seconded the motion. All members were in favor. The meeting was adjourned. --------------- Debbie Robertson, Rec. Secretary • 14INUTES OF THE PUBLIC HEARING OF THE PLAN COMMISSION OF THE CITY OF YORKVILLE HELD ON DECEMBER 23 1986 AT 7:00 PM AT CITY HALL Chairman Groner called the public hearing to order. Members in attendance were Mr. Langland, Mr. Beaudry, Mrs. Price, Mr. Groner, Mr. Holdiman, Mr. Ament, Mr. Stewart, and Mr. Feltz arrived at 7: 15 pm. A quorum was established. Also present were Jim Clarage, Dennis Fahrlander, Jim Hayden, Bob Davidson, Attorney Tom Grant, Ted Shick, Garry C. Gabel, Glen Gabel, Verne Henne, Greg Huber, Steven Bazan, Ralph Meade, Bob McNelis, Carol B. Doty, Gary A. Tews, Doris Drawhon, and George Bell. PC-86-11 & 12 - Petition to Annex & Zone A-1 to B-3, 7.0 acres by Ted Shick & -------- -- ----- - ---- --- -- - --- ----- - ----- - Clarence Holdiman on Rt. 47, north of Rt. 34 -------- -------- -- --- --- ----- -- --- -- Chairman Groner swore Attorney Tom Grant and Ted Shick in under oath. Attorney Tom Grant represented the petitioners. All members received maps of the proposed property. On the map the property line will be moved further north. Mr. Holdiman is going to sell the 7 acre parcel to Mr. Shick upon its annexation and zoning. The property is located on the east side of Rt. 47 across from the north entrance of Countyside Center. It is presently used as farmland. It is north of Ron Westphal's property, which is zoned B-3. The reason for bringing the property line further to the north is to facilitate development north and east of the proposed property and to avoid additional cuts onto Rt. 47. They have met with the State, and they have made several recommendations as to the expansion of Rt. 47. They anticipate the extention of Countryside Parkway and a deceleration lane at the corner by the apart- ments. They may also have an acceleration lane on the east side. It is now in the process of final engineering with the State. They may ask for subdivi- sion in the future, but have no plans presently. The water is already across Rt. 47, which they will take to the north. They will tie into a sewer line that is at the end of the south side of Countryside Parkway. Mr. Langland stated that restrictions were put on Westphal's property, so they could not haul in wrecks off the street. Attorney Grant stated that they had a convenant with it for auto repair to be screened in the back, so they could not have a body shop. Mr. Clarage stated that the legal descriptions for the public hearing should be amended so that the additional northerly 60 ft. is included. Attorney Grant stated that in the annexation ordinance agreement there will be two legals. The property they are going to buy is as initially indicated on the map, and that is what they seek to be rezoned. To accomplish what they want to do with the roadway, they need the additional property. This will be brought in at the same time, but the zoning will not change. Chairman Groner closed the public hearing at 7: 18 pm. "! -- ----- --- Debbie Robertson, Rec. Secretary