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Plan Commission Minutes 1977 08-23-77 YORKVILLE PLAN COMMISSION YORKVILLE ILLINOIS 60560 Dr. Robert Coleman Lawrence Langland James Kenton Robert J. Mahoney � X Harold Feltz Fred Dollman Dale Woodworth Mary K. Price Steve Franks MINUTES OF THE REGULAR MEETING OF THE YORKVILLE PLAN COMMISSION 23 AUGUST 1977 Dr. Robert Coleman opened the public hearing of Thomas Grant's petition for annexation at 8 P.M.. Dr. Coleman asked if there were any objectors present. There was no response. The petitioner, Mr. Grant, stated he had purchased the property which fronts on North Street (Rt. 34) and Sunset from Mr. John Conover. He intends to construct a professional office building containing his law offices and two rental units. He desires B-2 zoning and stated that he meets all requirements for the zoning. He intends to have parking at the front and going around the back of the building. He said he would have the required setbacks and would use city water and sewer. Dr. Coleman again asked if there were any objectors present and received no response. He then closed the public hearing. Dr. Coleman called the regular meeting of the Yorkville Plan Commission tc crdE.r. Those in attendance were Dr. Coleman, Mr. Feltz, Mr. Woodworth, Mrs. Price, Mr. Franks-, Mr. Beach, Mr. Madden, Mr. Clarage. and Mr. Bushing. Mr. Woodworth stated that Item 77.1? of the July minutes should be amended to read McHugh Road rather than Bristol Road. Mr. Feltz moved to approve the minutes as amended and was seconded by Mr. Woodworth. All present voting aye. Motion carried. 77.18 Petition for Annexation - Tom Grant - Unit_ 7, Lot 88, Conover Subdivision Mr. Grant submitted a Petition for Annexation containing a legal description of the property and an accurate map (survey) of the property. He not only desires annexation to the city, but also B-2 (General Business District) zoning in order to construct ar. office building on the property. He stated the lot is on unplatted land - being a parcel. of land across from Lot 88. There is one hundred sixty-five feet frontage on Nortr. Street and one hundred thirty-one feet on the westerly edge. The property is slighuly more than one lot. He stated the site plan shows two entrances- front and back - and that he .rtenas to have one way traffic coming in off North and exiting on Sunset. He stated it would be a professional office building and that he was requesting B-2 zoning because of t:-Ie front parking. Mr. Clarage suggested he could request B-1 zoning with a variance as 3-2 allows other than professional uses. B-2 zoning does not require a front yard but does require setbacks. B-1 requires front yards. Mr. Grant stated nothing car, be done with the rest of the property unless Mr. Conover comes back before the city. Under the plat act, Mr. Conover was allowed to make one. split - which is the property purchased by Mr. Grant. He also stated he was unsure of the status of North Street - not knowing whether it was a sixty or fifty foot street. He stated that now Mr. Conover owns a ten foot strip between his (Mr. Grant's) property and the street. Mr. Clarage stated that in all requestS for annexation, the petitioner should have a current certified survey by an Illinois land surveyor with proper signatures and dates. Mr. Grant stated he had this and gave it to Mr. Clarage. Mr. Grant stated that fifty feet of the street has been dedicated to the township 2 — August 1977 Meeting but not the extra ten feet. Mr. Madden inquired if Mr. Grant had easement over the ten feet. Mr. Grant responded that he would get this. Mr. Clarage stated the city could dispense with formal subdivision procedures and annex the property according to the petition or an amended petition. Mr. Feltz moved to approve the petition for annexation as submitted with the stipulation that the zoning ordinance and building code requirements be met at the time of issuance of a building permit and that the general plan as submitted tonight be adherred to. Seconded by Mr. Woodworth. A roll call vote was taken as follows: Mr. Feltz, yes; Mrs. Price, yes; Mr. Woodworth, yes; Mr ., Franksp yes; fir. Coleman, yes. All present members voting aye. Motion carried. Mr. Beach then stated that according to the subdivision control ordinance, in order to get egress and ingress,, one has to own the property fronting on the street asad that now Mr. Conover owns a ten foot strip on North Street. Mr. Clarage stated that technically when you annex property, you also annex the roadv but that in this case, the ten foot strip could become a "no man's land". Mr. Feltz then moved to amend the original motion to include "also that the petitioner., effect a conveyance to the city of the approximate ten foot strip be4tween the petitioner's property line and North Street'. Seconded by Mrs. Price. A roll tail vote was taken as follows: Mr. Feltz, yes; Mrs. Price, yes; Mr. Woodworth, yes; Mr. Franks, yes; Dr. Coleman, yes. Amendment to the motion carried. According to Robert's Rules of Order a third vote should be taken on the amended motion. All present voting aye. _77.19 Tom McNelis — Subdivide Lots on AcreMe at end of Olsen and Walter Streets Mr. Tom McNelis stated the property was located at the end of Walter and Olsen Streets and that he wished to subdivide the 5.986 acreage into two lots. Lot 1 would contain 3.7 acres and Lot 2 — 2.2 acres. He said he intended to build his own home on one lot and would build approximately 350 to 400 feet back of the property line. He had contacted Metropolitan Pump who indicated there would be no problems regarding sewer because of the steep incline. Mr. Clarage stated R-1 zoning had a minimum lot size of 2.5 acres and asked if Mr. McNelis would be willing to increase the smaller parcel. Mr. McNelis said he would rather not because of the wooded acreage. Mr. Feltz stated that Blaine Harker and Lynn Leifheit had been before the plan commission in 1976 when they had had plans to develop this property which then consisted of a larger tract of land. He read from the plan commission minutes stating the recommendations made by the commission at that time. When asked about the availability of city water and sewer, Mr. Madden responded that it could be available. Mr. Clarage stated that if there is other proposed development in the area, all parties should get together in order to have dedicated streets and to insure that emergency vehicles can get into the property for proper fire and police protection. He also stated that a thirty foot easement was not adequate and that sixty feet would be needed. R-1 zoning also has a two hundred foot frontage road requirement. Mr. McNelis stated he did not want to run a street through his property. Mr. Madden read a letter from city attorney Fred Dickson in which he stated that according to recent court decisions, every zoning lot must front or abut a street. Mr. Clarage stated the plan commission had to decide whether the city would want to have access to the east. If soy they would have to do it now. Alsog we should decide if we want Walter and Olsen Streets to dead end into two single family lots He stated that we previously wanted to get access to the east and that what was said then would appear to be true today. He said it appeared the petitioner did not want to grant an easement and also that he would need to get a variation on the second lot to go from 2.5 to 2.2 acres. Mrs. Price stated that the general area was not condugive to building streets. Mr. Feltz said the property is within the city limits and we should look at how to best utilize it. 3 - August 1977 Meeting Mr. Clarage stated we were looking at a situation where there could be a little more than half a mile with no through streets and that the land there would be best used for residential purposes. Mr. Beach stated that according to the city attorney, all lots have to abut a street. Mr. Feltz said he would need to get a variance regarding lot size from the Zoning Board of Appeals. Mr. Clarage said that Mr. McNelis wanted to terminate road construction on two streets and that he was asking for a large concession from the city. The commission would have to look at his request and also at the overall plan for the city. We would have to agree with the termination of a number of streets and that this would be a serious decision to make. Mr. Clarage asked Mr. McNelis if he would agree to dedicate a sixty foot piece of land along the westerly line of his property so that a road could be constructed to connect Walter and Olsen Streets and so that the city would be able to gain access. Mr. McNelis responded that he would consider this, but that he would not put the road in himself. Mr. Feltz said he felt we could not give an affirmative answer without legal assistance. Mr. Clarage said that with a sixty foot north/south easement, we would have access. Mr. McNelis indicated he would be willing to provide a sixty foot easement and a gravel turnaround. Mr. Feltz stated that if Mr. McNelis could show 2.5 acres on his final plat, he would not require a variance from the Zoning Board of Appeals. It was suggested that Mr. McNelis show the sixty foot easement, a turn around, and a minimum 2.5 acre lot on his preliminary plat. Mr. McNelis stated that he would return to the plan commission in September with his preliminary plat. 77.20 Bob Loftus - Resubdivide Kountryside Kommons Attorney Dan Kramer representing Mr. Loftus,, stated there were three main problems to discuss: 1. Driveway of Lot 5: Mr. Kramer filed an Amendment to Application for Approval of Subdivision Plat asking the city to vacate .046 acres on the west side of Powers Court and .047 acres on the east side in order to construct a straight street. The driveway would then enter Powers Court. 2. Lot 7 - Boundary Line: He stated their engineer had done field work determining there was a seventeen foot side yard which satisfied our requirements. 3. Development of Middle Portion; Mr. Kramer stated Mr. Ericksen and his attorney were here to discuss this. Mr. Kramer stated that if the acreage on Powers Court could be vacated., it would faciliTate development of the middle portion. Mr. Clarage asked about the width of the parking lot for Lot 5 and Lot 8. Mr. Kramer responded there was approximately 42 feet to the property line. Mr. Kramer stated they are only asking for approval of the preliminary plan and that there will be no parking spaces located over the set back lines. Mr. Clarage stated the amendment refers only to Powers Court. He said they should also clarify the driveways to be closed off. It was also .firmly stated that the plan commission would have to see a written agreement stating who (Mr. Loftus and/or Mr. Ericksen) would be responsible-for constructing Powers Court. Attorney Tom Grant, representing Mr. Ericksen and Mr. Pottinger, submitted an Addendum to Pre- Application Conference Peition to all members. In its the following • facts were presented; Gross Area of Property — 2.33 acres Present Zoning - R-4 Proposed # of Lots - 8 Proposed Zoning - Lots 4,5 and 6; Rt4 Lots 112,317 and 8; R-3 Proposed Use - R-4 zoned lots - 3 four unit apartment building R-3 zoned lots - 5 two unit (Duplex) apt. bldgs Density - R-4 Zoning - The proposal requires a variation from 12 units per acre to 13.236 units per acre R-3 Zoning - This proposal will have 6.6 units per acre rather than 7.0 dwelling units as allowed under R-3. Mr. Grant stated the entire plan was predicated on the vacation of Powers Court and the extension of the cul-de-sac which would give them a total gross area of 105,509 square feet. He stated they would be reducing the overall density of the development and that they would be meeting -all front, side and back yard requirements. The plan commission members felt this was conceptually a promising plan for the property. Regarding Kountryside Kommons, Mr. Kramer and Mr. Loftus were informed the plan commission could give no recommendations until 1. a written agreement was drawn up regarding the construction of Powers Court; 2.bonding was settled; 3. the final plat showed that the driveway on Lot 5 was closed; 4. the unnecessary shaded areas were removed from the plat and 5. all parking was provided. Mr. Woodworth moved to adjourn the meeting and was seconded by Mrs. Price. All present voting aye. Meeting adjourned.