Loading...
Plan Commission Minutes 1985 08-27-85 MINUTES OF THE PLAN COMMISSION MEETING OF THE CITY OF YORKVILLE HELD ON AUGUST 27 , 1985 AT 7 : 00 P.M. AT CITY HALL Chairman Groner convened the regular meeting of the Plan Commission. Roll call was taken with the following members in attendance: Mr. Ament , Mr. Groner, Mr. Stewart, Mr. Beaudry, Mr. Kenton, Mr. Langland, and Mr. Feltz. Also present were Jim Hayden, Dan Kramer, Mayor Davidson, Robert Lee, Jim Johnson, Cliff Jahp , Bill Barkley, and John and Jeanette Clemens . Mr . Feltz waived the reading of the minutes and made a motion to approve them as written. Mr. Ament seconded the motion. All members present were in favor . Chairman Groner stated that the order of business would be to consider the proceeding public hearing and the petition of Robert E. & Ardis Lee to annex and rezone from A- 1 to B-3, 13 acres to 3 parcels, south of the corporate limits and west of Rt . 47 . Mr. Langland stated that the plan commission had addressed this property several times in the past , and it has been the feeling of the commission that the water run off problem should be solved. He did not feel that individual parceling would solve this problem. The Yorkville Equipment Co. has not been able eleviate this problem. He stated that the comprehensive plan does envision B-3 zoning in that area, but it also calls for a 800 ft. buffer in between the residential area and the B-3 zoning. He questioned as to who would be responsible for city sewer and water. Mr. Langland also felt that the existing road would not be wide enough to meet the city specifications, and there should be access to the back of the property. He felt that Mr. Lee should go to office zoning for a buffer and then to B-3 zoning. Attorney Kramer stated that as city attorney he had been directed to contact Mr . Lee and ask him to annex into the city. Chairman Groner agreed there should be access to the back lots and water and sewer should be considered . Mr. Jahp stated that the city is presently putting in box culverts on W. Washington St.. He felt that if the city parcels out this area, they will lose control of the water . Mayor Davidson felt that 70% of the water comes from Wildwood. He did not think a pond that holds water should be put in. The city asked Mr. Lee to annex for the purpose of gaining control over the entire' 60 acres and force annex the property and make it R-1. He felt that the County cannot stop Mr. Loftus because it is within their zoning. Mr. Langland felt that the county could stop it by not issuing any building permits. Mr. Langland stated that there is 250 ft. between the residential area and B-3 zoning according to the petition. Attorney Kramer stated that in order to force annex, the property has to be surrounded on three sides. The city wishes to get control of the back acreage to get some water control. He also stated that there are plans to have an intersection on the frontage road to come directly across from the Industrial Park. They would like to seal off the access and bring the frontage road to where the intersection is and only have one entrance into the entire 60 acres . . � MrA. Stewart inquired as to how the back lots will access to the frontage road .-- down across there now. Attorney Kramer stated that the set back would be wide tenought to get the frontage road in. Attorney Kramer also stated that in the future a water main may be going across the front of the property which Mr. Lee could hook onto at his expense . Attorney Kramer stated that if Mr. Lee is to annex, before getting a permit, he would have to have an engineered plan showing the water retention for a 100 year rain which would then go to the city engineers for their calculations. If Loftus is forced annexed and still does not wish to develop, the city could start a statatory proceeding against hime to make him put in a water retention on the back acreage because he would be kicking off his rain faster than a 100 year rain onto the city people. Wildwood must also show a water retention plan before they are issued any building permits . Mr. Feltz inquired as to who owns Mr. Lee's property. Mr. Lee owns one parcel and the other two are under contract . Mrs. Clemens stated that the pond must be big enough so that it does not overflow. Mayor Davidson stated that a dry retention pond will slowly let the water out. Mr. Johnson stated that different tiles or an automatic switching system could be put in, but the cost will be high. Mr. Langland felt that the ditch takes slot of the water. Attorney Kramer felt that the main problem is with the back lots and the industrial park. Mr. Johnson stated that the majority of the water is from the west . Mr. Feltz stated this property would be the first glimpse of Yorkville that people will have coming into the city. Mr. Langland felt that B-3 zoning left alot open to put on the property . Mr. Hayden stated that there is the possiblity that Mr. Lee will stay in the county and get the zoning he has requested. Mr. Feltz stated that the county usually will go along with the city when it is that close to municipal property . He also felt that there should be a more formal plan. Attorney Kramer stated that Yorkville Equipment Co. would be zoned M-1 under the city, and it is A-1 special use under the county. There is also M-1 zoning on the other side of Rt . 47 . Mr. Feltz stated that the comprehensive plan calls for office buildings and then industrial. Attorney Kramer stated that the city should not go to a lower business classification due to the fact that B-1 does not have side yard requirements , and B-2 does not require any back lines. The highway district zoning is B-3 . A heavier residential use more also cause water run off . Mayor Davidson stated that he would like some control over the Loftus property. No one will be allowed to build until a plan is given showing that the water run off will be slowed down by 40%. The comprehensive plan calls for highway use which is B-3 zoning. Mr. Lee will be able to build to the lot lines if it is down zoned. He also felt that the comprehensive plan needed to be improved. Mr. Langland stated that the comprehensive plan shows 500 ft. for residential and then it shows 1 ,000 ft. for offices and then it goes to industrial . IR _Attorney Kramer stated that if a property is forced annexed, it is automatically brought in under R-1 zoning. If a property is not developed within 10 years , its present classification will return to R-1 . Mr. Ament felt that the county may give Mr. Lee special use zoning. Attorney Kramer felt that the county would almost have to grant the zoning due to the fact that they have it all along Rt. 47. He stated with the city being within the 1 1 /2 mile jurisdiction, could file an objection with the county which would require 3/4 vote by the county board to change the zoning of a property, but if it is zoned special use, there is not such thing as a legal objection. Mr. Langland stated that he was in favor of the city's idea to force annex other properties, but he did not agree with Mr. Lee's plan as shown. He would like to see how the water run off problem will be solved. The commission members also felt that something should be done about the road. Mr. Stewart inquired as to whether the original plan shows the frontage road at the industrial park intersection with a road going back to the back of the property. Mr. Lee stated that Mr. Loftus has a 300 ft. wide spot going back on the other side of Yorkville Equipment Co.. There should be a road to get to the back with 60 ft . to get into it . Chairman Groner stated that he would like to see the plans the State has for the intersection across from the Equipment Co., and he would also like to see the engineering plan. He asked whether there was any further discussion. He then entertained that a motion be made . Mr. Langland made a motion to recommend to the city council that the commission would like to see a complete plan on the water retention problem, consideration given to the comprehensive plan to put in a buffer zone of residential and then office zoning, to insure that there is a frontage road that goes across the front an empties opposite of the industrial park onto Rt. 47 , and that there be no objection to the B-3 zoning on lots B and C. Mr. Fletz seconded the motion. A roll call vote was taken. Ament - yes Groner - yes Kenton - yes Feltz - yes Langland - yes Stewart - yes Beaudry - yes The motion carried unanimously. Chairman Groner questioned whether there was any additional business. Mr. Beaudry inquired as to why another car dealership had moved into the same non- conforming property on Rt. 47. Attorney Kramer stated that he was under the impression that he was going to file a petition to rezone. The gas station was grandfathered in, but the car dealership was not. The Body Shop, Zeiters, and the Hot Rod Shop were also grandfathered in. It will be a formality for them to rezone. Attorney Kramer stated that if the use of the property is for something other than the original use, they must rezone. Mr. Stewart felt that this area also looked bad as a first glimpse one might have entering the city. Mr. Beaudry felt that the city should control the water problem before they try to control Mr. Loftus. Mr. Langland did not feel that the City would be asking to much by requesting a buffer for the people on Elizabeth St.. Mr. Hayden stated that he would like to see the boundaries on the city squared off. Attorney Kramer reported that Gary Rice may also be requesting annexation. Mr. Stewart felt that Mr. Lee should have came a bit more prepared. Attorney Kramer stated that a detailed engineered plan had been filed with the city. Mr. Feltz stated that the landscaping could also be shown on the plan. Attorney Kramer stated that the City Council has talked about the property at committee meetings. The commission members felt that there should be better communication between the council and themselves. Mr. Ament 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 MINUTES OF THE PUBLIC HEARING OF THE PLAN COMMISSION ON AUGUST 27 , 1985 AT . � 7P:00 P.M. TO CONSIDER THE PETITION OF ROBERT E. & ARDIS LEE TO ANNEX AND REZONE FROM A-1 TO B-3 -------------------------------------------------------------------------- Chairman Groner called the public hearing to order. Plan commission members in attendance were Mr. Kenton, Mr. Langland, Mr. Beaudry, Mr. Ament, Mr. Stewart , Mr. Feltz, and Mr. Groner. Also present were Jim Hayden, Dan Kramer, Mayor Davidson, Robert Lee, Jim Johnson, Cliff Jahp, Bill Barkley, and John and Jeanette Clemens . Chairman Groner stated that the purpose of the public hearing is to consider the petition by Robert E. & Ardis Lee to annex and rezone from A-1 to B-3, 13 acres to 3 parcels, south of the corporate limits and west of route 47. The property is also adjacent to the city limits on Elizabeth Street. Chairman Groner then called for discussion and comments . City Council representative, Jim Hayden, stated that the city had approached Mr . Lee and several other property owners to annex into the city. Chairman Groner stated that notices had been sent to the adjacent property owners , and the city has received $230 from the petitioner for the zoning and filing fees. Cliff Jahp stated that he lives on Blaine Street and is not opposed to whether Mr. Lee's property is annexed. His concern was with the water run off that goes down both sides of Rt. 47 to Elizabeth St. to Blaine St. and then to W. Washington St.. He felt that if building .was permitted on the three parcels , it would cause additional water run off , and he would like to see a retention pond put in to hold some of the water. Mr. Lee stated that he is to prove that he will slow the water run off of his property no faster than what it has in a 100 year rain before he is issued a building permit. He, therefore, felt that the water would slow down by 40% if he were to build. Mr. Lee stated that he has had the engineering study done for the water retention. Mr. Jahp felt there should be concern with the entire 60 acre water build up. Mr. Lee stated that there are three parcels, and he will be building a sales office and a warhouse on the north 3-acre lot for himself , and he would like to develop the other two lots into retail property. Mr. Lee stated that he had filed the water retention plans with the city. He intends to use the back half acre to hold the retention east of the waterway. Mr. Feltz inquired as to whether the petitioner had property zoned on the other side of Rt. 47 for his business several years ago. Mr. Lee stated that he had sold that property. Mr. Hayden questioned as to whether there was access onto Rt. 47. Mr. Lee stated that there is access there. Mrs. Clemens stated that the access road was put in as a joint effort which was state approved for commercial. Mayor Davidson stated that it would also meet the city specifications. Attorney Kramer stated that the state will do a car count to determine whether a deceleration lane is needed. Mayor Davidson questioned whether the set back on the frontage road as shown on the original plat done several years ago will be done. Mrs. Clemens inquired as to whether there will be an easement between the two 5 acre plots . Mr. Lee stated that there is a 25 ft. strip there . ' Mrs. Clemens inquired as to whether there will be access to the 7 acres behind the proposed property. Mr. Lee stated that there will be access between the 5 + acre lots. Mr. Kenton questioned whether this would be a city street in the future and who will be responsible for city water and sewer. Chairman Groner asked for any additional discussion. He then adjourned the public hearing . Debbie Robertson, Rec . Secretary