Plan Commission Minutes 1981 08-25-81 r .
YORKVILLE PLAN COMMISSION
YORKVILLE, ILLINOIS 60560
Dr. Robert Coleman Lawrence Langland James Kenton
Robert J. Mahoney Mary K. Price Charles Beaudry
Harold Feltz Gregg Gabel Dale Woodworth
MINUTES OF THE REGULAR MEETING OF THE YORKVILLE PLAN COMMISSION 25 AUGUST 1981
Chairman Robert Coleman opened the public hearing - Petition for Special Use Permit
R-1 Zoning Classification to construct, maintain and conduct a Childcare Facility at
406 E. Main Street (James & Gail Digate) . Attorney Dallas Ingemunson introduced the
petitioner, Gail Digate, who provided several points of background information. She
stated that a survey conducted by the Kendall County Cooperative Extension in 1978
showed a definite need for day care in the community - a need which has increased since
the survey was conducted. She stated at present the closest day care facilities were
located in Boulder Hill, Aurora, and at Waubonsee Community College. She described the
purpose of the program as outlined on the fact sheet attached to the petition. Mrs. Digate
stated the enrollment would consist of six nursery age children ages six weeks to two
years with a four to one child to adult ratio; Eight two to three year old children
with an eight to one child to adult ratio; Sixteen pre-school children, ages three to
five with a ten to one child to adult ratio. She described the location of the proposed
facility at 406 E. Main St. stating at present there was a two story residence, a two
car and one car garage. They will add 1,800 square feet including an area for storage
space, office, kitchen, bathroom and large main activity room. There will be an enclosed
play area with no more than sixteen children outside at any time. The area is already
landscaped and there will be no street parking. She stated the most appropriate location
for a child care facility was in an attractive well maintained residential neighborhood
as opposed to a shopping center or other business setting. Attorney Ingemunson read a
letter from Lawrence Gardner favoring the petition and submitted it and several other
letters from residents of E. Main Street also favoring the petition.
Dr. Coleman asked for objectors to the petition. Mr. James Hayden stated he lived
across the street and he questioned if this special use would change the characteristics
of their neighborhood. He felt if the day care center were not successful, the building
would be used for apartments. He said a precedent would be set for other properties in
the area. Mr. Gene Whitfield whose parents reside on E. Main St. asked what was the
length of time for a special use permit and would it pass on with the property. Dr.
Coleman responded that the special use would remain with the property.
Mr. Mahoney said he visualized special Oarties or graduation ceremonies and asked
if parking would be adequate for these occasions. Mrs. Digate responded that with this
type of facility she could envisage no graduations, etc. , where there would be a large
number of cars at one time.
Dr. Coleman stated that if successful, they would be state regulated to handle no
more than thirty children.
Mr. Feltz asked if she would agree to the condition that the special use permit be
issued only to her and not pass with the property. Mr. Ingemunson stated they would agree
to this condition but that legally this condition would have no foundation.
Mr. Gabel stated there were several conflicts under the Yorkville Zoning Ordinance.
1. Regarding adding onto the garage, the ordinance states you can not add on in a
non-conforming manner. He said the garage is already too close to the side yard line
and that any expansion can not occur according to the ordinance.
Page 2 August 1981
2. The property has 4.9 acres and the zoning ordinance states a special use permit
requires 5 acres. Mr. Ingemunson stated if they needed variances for these condition, they
would apply for them. Mr. Feltz noted he felt there was enough acreage for this type
of use. 3. The number of parking spots should be stipulated in the special use permit.
4. Height for special use should be stipulated; there should .be a specific number of
feet in the special use permit. Mr. Mahoney stated he felt there was adequate space for
parking but that a gravel turnaround would be needed.
Dr. Coleman then closed the public hearing.
Chairman Coleman opened the regular meeting of the Yorkville Plan Commission. Those
in attendance were Dr. Coleman, Mr. Mahoney, Mr. Feltz, Mrs. Price, Mr. Gabel, Mr. Beaudry,
Mr. Woodworth, Mr. Clarage and Mr. Madden. Mr. Feltz moved to approve the minutes of
the July meeting and was seconded by Mr. Beaudry. All present voting aye.
81.5 Petition for Special Use Permit, R-2 Zoning Classification to construct, maintain,
and operate a child-care Facility at 406 E. Main St. (James & Gail Digate) .
Dr. Coleman read the petition for the special use permit. Mr. Clarage stated
several points needed consideration. 1. At present, there is a 11 112 foot asphalt
driveway suitable for one way traffic. This should be increased to 25 feet to accomodate
two way traffic. 2. The street entrance is presently for residential use and should be
expanded to conform with city regulation for business use. 3. Maximum height of the
addition should be detailed in the permit. 4. The question regarding size of the lot
should be determined to see if a variance is needed. 5. A variance will also be needed
for lot width and a side yard variance. 6. Additional parking and a turnaround area
should be provided for a free forward type flow so there would be no auto back up.
7. A screened area for refuse containers should be provided separate from the parking
area. 8. The number of parking spaces should be detailed. At least fifteen spaces
should be provided to include enough parking for the owners, teachers, and parents.
He stated these items should be made part of the special use permit. He also suggested
the northerly ten per cent of the parcel should be shown in a larger scale and be made
part of the exhibit.
Mr. Mahoney stated that by doubling the driveway and entrance, the character of the
residential street would be destroyed. He felt the driveway could balloon from the
entrance and that he Would like to see the character of the entrance off the street
remain the same. Mr. Madden stated that driveway and parking considerations could be
handled under the building code. Mr. Gabel suggested that the zoning ordinance be
discussed regarding issuance of special use permits. Dr. Coleman read from page 80
of the zoning ord3hnce regarding standards for issuance of special use permits. All
six points were read and discussed.
MrS. Digate stated she would like to have the facility operational by fall of 1982.
Mr. Mahoney stated he felt the character of the property was ideal and that because
the site was so secluded, no one would be disturbed by its operation.
Mr. Woodworth stated his only concern was what the property would be used for
. if the day care center was not successful. He felt that area residents did not object
to the day care center but were worried about future use of the property.
Mr. Mahoney moved to recommend to the city council that the petition for a special
use permit to construct, maintain and operate a child care facility at 406 E. Main St.
be approved pending the. following restrictions: All points previously enumerated by the
minutes should be resolved; It should comply with all provisions of the State of Illinois
ordinance. If a conflict should occur, the more strict of two regulations would prevail-
(city or state) ; and the petitioner has acknowledged there will be no other use for this
land.
Page 3 August 1981
The special use permit would be issued for this use and this use only. Seconded by
Mr. Gabel. A roll call vote was taken as follows: Mr. Mahoney - yes; Mr. Feltz - yes;
Mrs. Price - yes; Mr. Gabel - yes; Mr. Beaudry - yes; Mr. Woodworth - yes;
Dr. Coleman - yes. Motion carried unanimously.
Mr. Mahoney moved to adjourn the meeting and was seconded by Mrs. Price.
All present voting aye. Meeting adjourned.
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Huston, Secretary