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Plan Commission Minutes 1985 09-17-85 Special MINUTES OF THE SPECIAL MEETING OF THE PLAN COMMISSION OF THE CITY OF YORKVILLE HELD AT CITY HALL ON SEPTEMBER 17i 1985 AT 7 : 00 P.M. ---- -- ---- ---- -- --------- -- -- ---- ---- Chairman Groner called the meeting to order. Members in attendance were Mr. Beaudry, Mr. Holdiman, Mr. Langland, Mr. Stewart, Mr. Groner, and Mrs. Price. Also present were Jim Clarage, Jim Hayden, Attorney Dan Kramer, Mayor Robert Davidson, Robert Lee, Larry Small , Ralph Pfister, Clifford Jahp, Mike Thanepohn. Mr. Beaudry made a motion to approve the minutes of the August 27, 1985 public hearing. Mr. Holdiman seconded the motion. All members were in favor. Mr. Langland made a motion to approve the minutes of the regular meeting of the Plan Commission on August 27, 1985. Mr. Beaudry seconded the motion. All members were in favor . Chairman Groner announced that the next regularly scheduled plan commission meeting will be held at the water tower conference room. He did not know why or who called the special meeting. He stated that the purpose of the special meeting is to further discuss petition PC-85-5 to annex and rezone from A-1 to B-3, 13 acres to 3 parcesls by Robert E. & Ardis Lee south of the corporate limits and west of Rt. 47, and adjacent to the south side of Elizabeth St.. The Commission did receive a map of the drainage provisions which was considered at the last meeting. They have also recieved a copy of the storm water survey done by the city engineers, C.M.T., in 1975, which has relevant facts to the annexation of the proposed property. The Commission also received the annexation agreement drawn up between Robert Lee and the city which contains the conditions that were discussed at the last meeting. Chairman Groner opened the floor for discussion. Mr. Hayden stated that in the motion made at the last meeting, the plan commission wanted certain information to look at. He felt the information requested was present . Jim Clarage stated that there should be a survey exhibit attached to the pre- annexation agreement to show where the existing corporate limits are and how the proposed property will abutt to city property. The property is not contiguous to city property. The southerly line of Elizabeth St. is 250 ft. to the north. Mr. Hayden stated that the property is contiguous on the east side. Mr. Clarge stated that there is R-3 and M-1 directly across from the subject property. Mr. Langland did not see how the city was on the 3 sides of the Loftus property. Mr. Clarage felt that B-3 zoning is the highest commercial use and should not be within 100 ft. of the existing residents on Elizabeth. The petition stated that the 3 acre parcel will be used for office and storage. He felt that the petitioner did not need B-3 zoning for offices and that the entire 13 acres did not need to be zoned B-3. He felt that there would be strong pressure to give the 2 acre area in between Elizabeth and the proposed property a B-3 classification also. He felt that a buffer should be considered. The Plan Commission should decide what should be done with the entire 40 acre area. The commission may also want to consider a commercial P.U.D. with frontage road easments adjacent to Rt. 47 to allow for egress. There are presently two 25 ft . strips that go to the back of the property which may make curb cuts extensive in the future. A master plan should be provided to solve access to the highway. Mr. Clarage stated that 13 acres are being proposed and only the northerly 3 acres show plans for water retention. The storm water retention will be done on a lot by lot basis rather than done under a master plan which should be considered by the Plan Commission. When a_ property comes in for a building permit , it will be up to the person issuing the permit to enforce the water retention. Mr. Clarage felt that a statement should be made so that the additional parcels will not slip through. The city engineer should also be given the retention plans . Mr. Hayden stated that they want B-3 zoning due to the fact that other business uses have smaller restrictions on the lot lines. Mr. Clarage stated that the commission could put the criteria in the pre-annexation agreement that they would want for set back lines . Mr. Langland stated that the Comprehensive plan calls for a 300 ft. residential buffer and then a 800 ft. office zoning for the residents on Elizabeth. The petition does not even consider this . Mr. Clarage stated that it may be hard to restrict the 2 acres between Elizabeth and the 13 acres to just a residential or office zoning. He suggested that a statement be made in the pre-annexation agreement. Mr. Langland stated that the residents on Elizabeth St. are concerned about not having a buffer , and they are looking for their aldermen to help them. Mr. Groner inquired as to whether the City is pushing individual water retention. Mr. Clarage stated that the most economical place to provide a storm water area would be at the lowest part of the property. The situation may arise in the future for the property to be subdivided. There should be an easement area for the storm water for the entire 13 acres, so everyone will know where it is which will make it easier to administer in the future. Mr. Groner stated that the study done by C.M.T. calls for an 8 acre retetion pond. Mr. Hayden felt that they would need control of the back lots before anything can be done . Mr. Thanepohn stated that by annexing and squaring off the property, it would change the Loftus property from being agriculture and prevent the building of barns. The area between Elizabeth and the 13 acres would be forced annexed and brought in under R-1. The owner would then have to petition for a different zoning classification. The city could then have leverage to control the water run off. Frontage roads would be included in the annexation agreement. Mr. Stewart inquired as to where the retention pond will go if the Loftus property is brought in under R-1 and the lots are split off into 1 acre parcels . Mayor Davidson stated that according to the C.M.T. report it shows in steps how to handle the f lood control. For a 100 year storm they want to put in box culverts 3 ft. deep for the overflow. There is 100 acres that comes down through Elizabeth now. They wanted to move the overflow on the west side of Rt. 47 and bring another 140 acres of water across Elizabeth St.. These studies were done with the property being agriculture. Mayor Davidson felt the city should go with storm sewers , but the best thing to do now would be to retain some of the water and slow it down. Mr. Beaudry inquired as to how the City will get control of the water by annexing. Attorney Kramer stated that Elizabeth St., Rt. 47, and Lee's and Yorkville Equipment , which will extend a line to the back, will make up the three sides of city property to force annex. Yorkville Equipment's line will run perpendicular east and west. Loftus's property will touch on the north side of Elizabeth . Mayor Davidson stated that B-3 zoning has the highest set back lines. Mr. Clarage stated that in the pre-annexation agreement they can establish the set back lines and zoning districts . Attorney Kramer stated that a residential buffer will not help. It will only set the buffer between B-3 zoning back further. The property sits in a highway distrtict which is B-3 zoning. Mr. Lee stated that he will have an office and storage area with a construction site which would fall under the B-3 zoning classification . Mayor Davidson inquired as to why the commission was against the B-3 zoning on a frontage road. There are three city lots between the B-3 zoning and Elizabeth St. which is approximately 226 ft.. He did not feel that residential should be put in that area. He suggested that there be a tree line on the other side of the lane as a buffer. Mayor Davidson stated that the Loftus property will be brought in under R-1. The Clemen's property would remain as agriculture. Yorkville Equipment would come in under a special use. Mr. Stewart inquired as to who would want to put a residential area behind B-3 zoning. Mike Thanepohn stated that the city expects to see a duplex area put in there with the frontage property along 47 being used most likely for offices. Mr. Stewart inquired as to how people would get to the back property due to the fact that there is only a 25 f t. wide road. Mayor Davidson stated that the commission's concern now should be with the zoning of Lee ' s property . Mr. Hayden suggested setting up a special assement for the area in town with the drainage problems. Mr. Stewart stated that he was under the impression that Loftus was going to be forced annexed to control the water problem , and it now sounds like each individual property is going to have their own retention pond. Mayor Davidson stated that Lee's agreed to put a retention area across the back of the entire 13 acres to try to slow the water down. Attorney Kramer suggested having a water district set up . Mr. Pfister stated that it would be nice to know how much water the property will retain. He stated that there have been some studies done already. Mr. Thanepohn stated that if the city takes Lee's property in under B-3, they will be able to force annex Loftus's property. They city would then be able to control the 2 acre area for a buffer zone. A residential buffer would only move the buffer line back. He felt Mr. Lee will be retaining the water on his property. The commission should only be considering the use of Lee's property. If Loftus's property is forced annexed, they can avoid having agriculture buildings . Mr. Lee stated that he cannot have an engineered study done on the water retention without knowing what will be put on the property. Mayor Davidson stated that Mr. Lee will be putting up a fence with a tree line for a buffer . Mr . Clarage felt that there should be a frontage road easement recorded of 40 ft . to 50 ft. wide on the east side of Rt. 47 and the building set back should be from that . A front road easement for the purpose of public egress should be recorded as a permanent record which may eliminate curb cuts to the back of the property in the future . Mr. Clarage felt that drainage easements should be recorded to guarantee future storm water retention, so that when a building permit is issued, there will not be anything put on the drainage easement. This should be included in the annexation agreement . Mr. Clarage felt that the northerly 3 acre lot should be given an 0 district zoning with a special use for the specific type of office and storage area Mr. Lee has requested. He felt that this would protect B-3 zoning from going onto the 2 acres between Elizabeth and the proposed property. He felt the storage area should be screened. The southerly two parcels could given B-3 zoning as requested or B-2 with setbacks . Mr. Langland inquired as to whether they could guarantee that there is not B-3 zoning in between Elizabeth and Lee's property. Attorney Kramer stated that the property could be forced annexed and brought in under R-1 immediately, or he could approach Mr. Loftus on the 2 acres and offer him an office zoning, which may be more valuable to him . Mr. Langland stated that he would like to be assured that the water is re- tained and that B-3 zoning does not go on the 2 acres. He felt the people on Elizabeth St . should be protected due to the fact that they were there first . Mr. Beaudry inquired as to whether these changes will be made in the agree- ment . The changes will be made in the motion. Mr. Clarage suggested that simultaneously with the annexation agreement that frontage road easements be recorded to a width between 40 ft. and 50 ft. wide along the westerly right of way line of Rt. 47 across all three frontage lots. Attorney Kramer stated that this would be a separate easement document. Mr. Clarage suggested that the rear 1 /3 of the 3 acre lot be designated as storm water drainage and be recorded as an easement, and that the easement go along the other two lots and be recorded prior of buiding permit approval. Attorney Kramer felt that it should be made contigent upon the city engineer's approval . Mr. Clarage also suggested the northerly 3 acres be given an office district with a special use with a P.U.D. approval and have the site plan as submitted and dated 9/ 17/85 with the 2 southerly 5 acre parcels being B-3 zoning. The fencing and shrubbery should also be noted on the plan. Mr. Lee stated that he was agreeable to the P.U.D., but the O special use zon- ing may make it difficult for him to get a loan and to sell the property at a later date. Mr. Langland questioned how the acreage between Elizabeth and Lee's property will be restricted. Mr. Clarage stated that there could be a policy stating that it is the Plan Commission's understanding that the property would come in as office zoning to complete the office transitional buffer which would have to be stated separately from the annexation agreement . Mr. Small felt that the city will be trying to make the best out of a bad situation by annexing. Mr. Lee will not be adding anymore water and will be slowing down some of it Mr. Jahp stated that he is concerned that there may be problems in getting control of the Loftus property. He felt that there will be many people affected by the water run off . He questioned how a person would be stopped from splitting up a lot. Mr. Stewart inquired as to how much it will cost to force annex Mr. Loftus. Attorney Kramer stated that it may cost between $ 1 , 000 and $5 , 000 . Mr. Jahp stated that Mr. Loftus cannot sell off acre lots because it would be a violation of the plat act. Attorney Kramer stated that Mr. Loftus cannot sell off any lots unless he conforms to the Subdivision Control Ordinance. If Mr. Loftus is annexed into the city, he will not be able to build agriculture buildings . Mr . Clemens property will be grandfathered in. Mr. Stewart inquired as to how long it will take for the city to force annex Mr . Loftus . Attorney Kramer stated that it make take up to 6 months . Attorney Kramer stated that the logical thing to do in terms of future plan- ning would be to annex Mr. Lee and Yorkville Equipment and then give direc - tion as to what they would like done with the two acres and a buffer for Clemens. The city should go to Loftus as soon as possible and offer him office zoning upon annexation which will make the land more valuable to him. Attorney Kramer stated the Mr. Lee's property could be brought in under a P.U.D. with a B-3 zoning. Mr. Kramer felt there will be question on how a future owner will be handled in terms of what can go on the property if there is an existing warehouse. Mr. Stewart stated that a B-1 special use would put a limit on what could go on the property. Mayor Davidson questioned whether going with a B-3 P.U.D. would be better for the property. Mr. Clarage did not feel that this would be good for the northerly 3 acres. Attorney Kramer suggested giving an O zoning, but allow B- 3 uses. Mr. Clarage suggested excluding the B-3 uses they do not want in the pre-annexation agreement. Mr. Beaudry questioned if B-3 uses are given to Mr. Lee, would it then allow Mr. Loftus an opportunity to put in B-3 uses. Attorney Kramer suggested giving Mr. Lee an 0 zoning with a special use and exclude certain B-3 uses they do not want . Mr . Langland made a motion to recommend to the city council that 1 . An 0 zoning district be given to the northerly 3 acre parcel and within the 0 district special use to allow all B-3 uses except for those uses referring to auction houses , automotive , RV, motor cycles , trucks , trailers--sales or service , or non-public utility service yards or garages . The southerly 10 acres may be straight B-3 zoning; 2 . Simultaneously record with the annexation agreement a frontage road easement along the westerly line of Rt . 47 across the total 13 acre tracks to a width of 40 ft . to 50 ft . for the purposes of public egress ; 3 . Record a drainage easement and/or storm water detention area with- in the approximate westerly 1 /3 of the north 3 acre parcel , and record future drainage easements along parcels B & C as recommended by the city engineer at the time of development or issuance of permits . Mr . Beaudry seconded the motion. ` A roll call vote was taken. Holdiman - yes Price -. yes Beaudry - yes Groner - yes Stewart - yes Langland - yes The motion carried unanimously . Mr. Hayden thanked the plan commission for their help in this matter. Chairman Groner stated that he would like to be informed before any special meetings are announced. Chairman Groner reminded the members that the next regularly scheduled plan commission meeting will be at the water tower . Mayor Davidson stated that Mr. Conover will be coming before the city council on Thursday night to discuss the enterance into Conover's Subdivision. He will also be coming before the plan commission at their next meeting. Mr. Conover would like to eliminate the existing enterance off of Rt. 34 and put in an enterance at Sunset and an one at Prairie onto the highway. Mayor Davidson stated that he believed Burger King is interested in purchasing property in the subdivision. North Avenue will be the frontage road. He will be askinig the State for these enterances. Mayor Davidson instructed the plan commission membsers to consider this possibility for the next meeting. Chairman Groner inquired as to whether Mr. Lee will be adding the stipulations made into the already proposed annexation agreement. Attorney Kramer stated that he would. Mr. Stewart made a motion to adjourn the meeting. Mr. Beaudry seconded the motion. All members were in favor . The meeting was adjourned. -� -�------------------ Debbie Robertson, Rec . Secretary