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Plan Commission Minutes 1984 08-28-84 MINUTES OF THE PLAN COMMISSION OF THE CITY OF YORKVILLE HELD AT CITY HALL ON AUGUST 28, 1984 AT 7:30 P.M. Chairman Jerry Groner called the meeting to order. Roll call was taken with . the following members present: Mr. Ament, Mr. Groner, Mr. Stewart, Mr. Beaudry, Mrs. Price, and Mr. Feltz. Mr. Langland arrived later in the meeting. Also in attendance were Larry Jennings, Jim Clarage, Bill Barkley, and Larry Small. Petitioners present were Jim Johnson; Al Spera, Commander; Jr. Horton, Vice Commander; and Brett Horton. Guests in opposition to the petitioners were Rhonda Miller, Martha Price, Frank Vitek, Kyle Price, Mrs. Bazan, Jean Crawford, Arthur Crawford, Verne Henna, Pat Miller, and Larry Miller. Mr. Stewart moved to approve the minutes from the June 26, 1984 meeting as written. Mr. Feltz seconded the motion. 84.5 - Petition to Rezone A-1 to B-3 (Kendall County - 1� mile jurisdiction) by Yorkville American Legion Post #489 (John Conover property) . Mr. Groner read from the legal description of the Conover/American Legion Rezoning Petition. He stated that the Plan Commission would only be able to forward a recommendation to the Kendall County Board for a final decision because it is not within the corporate limits of the City of Yorkville but is within the 111 mile jurisdiction. Mr. Groner stated that Mr. Feltz would act as temporary chairman due to Mr. Groner's conflicting interests. All members were in favor. Mr. Feltz stated that the Plan Commission is only an advisory committee to the City Council. The Commission will listen to the peitioners make their presentation and then to the guests opposed. The Plan Commission will then make a decision to be referred to the City Council and then back to the Kendall County Board. Mr. Spera spoke in behalf of the petitioners. He presented a drawing of the area which they are considering purchasing from John Conover to build an American Legion Home. They are requesting that the land be rezoned from A-1 to B-3. He also showed drawings of what the building would basically look like on the outside when completed and what the floor plans would basically look like. The building will be approximately 6000 sq. ft. The building will include a lodge room, a social room, a secretwy's office, a mechanical storage room, and restrooms. They are also considering putting a day care center in the building. A liquor license may be applied for in the future for special functions only. Mr. Vitek inquired what type of liquor license would be applied for. The Legion would apply for a club license. Mr. Jennings questioned whether the front of the building would be facing the back of the lot. Mr. Spera stated that it would be facing the front of the lot. Mr. Johnson stated that they cannot be completely specific on their plans for the building as of yet due to the fact that there are 67 members in the legion, and they still must decide what the full use will be. Mr. Spera stated that he did not forsee any problems with having a liquor license and a day care center in the same building, and that the building would not be turned into a night club. Mr. Ament questioned whether there would be a grass area in the back of the building. Mr. Johnson stated that there would be a grass area in back and possibly a playground. Mr. Feltz inquired about the utilities. There will be a well and sewer. Frank Vitek acted as spokesman for the residents surrounding the area who were opposed to the rezoning from A-1 to B-3. He stated that Kendall County has frequently been opposed to rezoning Agriculture land into Business land. He felt that the County would be spot zoning due to the fact that there are residential areas on three sides of the property. He was also concerned with the safety of drivers on Rt. 34. He felt that Rt. 34 was a very dangerous highway with poor visibility. He felt that the day care center was a publicity stunt to get the property rezoned. He felt that the building would be turned into a tavern. He suggested that someone advise the Legion that the area would be an inappropriate place to build a Legion Home. He felt that the Legion did not have complete financing to build a Legion Home. He did not believe that the state would allow a liquor license with a day care center in the building. The Yorkville Community already has a number of sites available for this type of building. He felt that the Legion should use existing buildings in town that are already zoned B-3. Kyle Price also spoke in behalf of the opposition. He stated that he was concerned with the run off of excess water and if a well were drilled, how would it affect their water supply. Mr. Johnson stated that property owners are protected by law in the case of dumping water. Mr. Price also felt that the environment of the area would be affected with noise. He stated that many of the residents have been in the area for 18 to 20 years. He was also concerned with Rt. 34 being a, hazardous road which has had many fatal accidents. He stated that in their subdivision there is a lane which dead ends into the property. He was concerned that the Legion would connect a road to the lane. He stated that the main concern of the residents was the safety of Rt. 34 and that Agriculture land was being taken. Mr. Feltz thought that the opposition made some valid points. However, many points that were made are considerations other people would have to make at a different time. The Plan Commission's only influence would be the zoning and the best use of the land. Arthur Crawford questioned whether the Legion had possession of any other land that may be used as a site for their building. Mr. Spera stated that they owned a farm out of town which would not be suitable for this type of a building. The property is also surrounded by residents. The township is dry, so they would not be able to get a liquor license. They would like a place that is more centerally located. If they were to have a day care center, the property would be too far out of the way. Mrs. Bazan questioned what the Legion's first priority would be; the liquor license or the day care center. The day care center would be the first priority. Mr. Feltz again stated that this would not influence the Plan Commission's decision. Mr. Langland felt that the property would not be zoned A-1 forever. Mr. Jennings questioned whether the residents of the area wanted the zoning to stay agriculture. Mr. Price stated that they did not want the property zoned B-3 due to the noise factors. He felt that it would ruin their neibor- hood. Mr. Jennings felt that they would also have noise factors if the property were zoned residential. The residents stated that they are not opposed to the rezoning of the property but are concerned with the specific use of the property. Mr. Vitek questioned whether Route 34 was a limited access highway. Mr. Feltz stated that there was a Route 34 corridor study done, but it was never generated into use. Mr. Johnson stated that there is an approximately 30 foot entrance, and I.D.O.T. has been out to the road and verbally gave the Legion the go ahead and would issue them a permit. Mr. Clarage questioned whether the northerly parking lot and the subdivision would have a 350 ft. buffer wea in between them. Mr. Johnson stated that they would have a buffer area with possibly an unlighted softball field. Mr. Clarage suggested to the Legion to request for a special use for the property so as to provide some middle ground for the security of the opposition. He stated that under a special use a day care center and a Legion home could be accomplished without B-3 zoning. Mr. Clarage questioned the opposition whether they were opposed to the B-3 zoning or with the Legion use of the property. Mr. Vitek stated that they do not care what the zoning is, and that they are mainly concerned with the use. Mr. Crawford stated that he would not agree to a business center and that he would rather see the property turned into a residential area. Verne H%6.nne stated that in 1972 the zoning was commercial but was changed back to agriculture. Mr. Clarage stated that if a special use were applied for and the property was never used for a Legion building, the property would be reverted back to the original zoning. Mr. Beaudry felt that the Commission was being asked to make a decision with- out knowing what they are deciding on. He felt that the Legion was to vague with their plans. He also stated that he is concerned with spot zoning. Mr. Johnson stated that he was under the impression that the Plan Commission was to make a decision on the zoning and the best use of the land. He felt that the plans for the Legion home were not essential to the rezoning of the land. Mr. Feltz agreed and stated that the decision should be made only on the rezoning. Mr. Jennings stated that the Legion is not coming before the Commission to see if they can build a Legion home; They are requesting to rezone the property to B-3. Mr. Ament inquired as to where the City Limits ended. Mr. Johnson stated it is not contiguous to the creek but is near it. Mr. Stewart questioned Mr. Clarage on what the odds of the land staying residential would be as opposed to commercial. Mr. Clarage stated that in a court the land would be zoned commercial before it would be residential. Mr. Stewart also questioned whether the land would be more valuable as commercial or residential. Mr. Clarge stated it would be more valuable as commercial. Mr. Beaudry questioned the buffer in back of the parking lot. He inquired as to whether the residents were afraid of a road connecting to their dead end street. Mr. Price stated that Gayle Reynolds was unable to attend the meeting, but she was oncerned about her yard being dug up and trees being cut down. Mr. Price felt that the Commission should be concerned with how the land is going to be left for future citizens. Mr. Feltz questioned all parties involved if there were any more questions or comments. He then entertained that a motion be made to any effect that the members felt suitable. Mr. Beaudry made a motion that the members of the Plan Commission recommend to Kendall County that the rezoning of A-1 to B-3 be denied. Mr. Ament seconded the motion. A roll call vote was taken. Mrs. Price - yes Mr. Ament - yes Mr. Feltz - yes Mr. Langland - yes Mr. Stewart - yes Mr. Beaudry - yes The motion carried 6-0. L Mr. Feltz then turned the meeting back to Chairman Groner. Chairman Groner inquired whether there was any other order of business for tonight. Mr. Jennings stated that he had referred the fencing and swimming pool ordinances to his committee. The committee listed some comments on them. The committee seemed to be confused on what was being said in them. They felt the fencing ordinance should be simplified extremely, and they had some basic objections on the swimming pool ordinance. In Article A, where it states that any pool over 24 inches in depth would require a fence, the committee felt that there should be a change in the language so it would read any pool with a filter would require a fence to be put around it. The next suggestion would be to waive the building permit fees entirely. People will be reluctant to comply. The inspections will be done free of charge. Another suggestion would be to eliminate where it states that a fence shall be put around a fishing pond or any other large body of water. The last suggestion would be to change the wording where it states that all fences around swimming pools should be 6 feet away from the pool. It then contradicts itself by saying that fences will be allowed on top of above ground pools. Mr. Jennings stated that he would make a list of the changes and forward them back to the members of the Plan Commission, so they may reread the ordinances. He will then take them back to his committee and finally to the City Council. Mr. Jennings also forwarned the Commission that a property in the City which has an auto dealership on it is in violation of the zoning ordinance. After looking into the situation further, it was found that a large portion of property did not conform. He stated that he would get maps of the area and would put it on the agenda for the next meeting on September 25, 1984 at 7:00 p.m. Chairman Groner also instructed Mr. Jennings to make a note to the City Clerk that the meetings are to start at 7:00 p.m. rather than at 7:30 p.m. Chairman Groner asked for any additional business or comments. Mr. Feltz made a motion to adjourn the meeting. Mr. Stewart seconded the motion. All members present were in favor. The meeting was adjourned. Debbie Robertson, Rec. Secretary