Plan Commission Packet 2005 05-11-05 _,.c�� CO).
United City of Yorkville
.. -c► County Seat of Kendall County
°`' 800 Game Farm Road
EST. 1836 Yorkville, Illinois, 60560
Telephone: 630-553-4350
0 I •lb 0 Fax: 630-553-7575
11. C Website: www.yorkville.il.us
PLAN COMMISSION
AGENDA
Wednesday, May 11, 2005
City Council Chambers
800 Game Farm Road
Revised: 5/9/05
Meeting Called to Order: 7:00 p.m.
Roll Call:
Previous Meeting Minutes: Corrections/Approval: January 12, 2005, February 9, 2005,
March 23, 2005, and April 13, 2005
Public Hearings:
1. PC 2004-18 Wyndham Deerpoint Homes and Judith I. Bell, Jennie M. Mulvey and Richard
Huston, as Trustees under Declaration of Trust Agreement dated October 10, 1983,
petitioners, have filed an application with the United City of Yorkville, Kendall County,
Illinois requesting rezoning from R-3 General Residence District to United City of Yorkville
R-3 General Residence District Planned Unit Development. The real property consists of
approximately 9.69 acres near the Southwest corner of Route 71 and Route 47, in the United
City of Yorkville, Kendall County, Illinois.
2. PC 2005-08 McCue Builders, Inc. and Youth Camp Association of District 12 & 13 Polish
National Alliance of the United States of America, petitioners, have filed an application with
the United City of Yorkville, Kendall County, lllinois requesting annexation to the United
City of Yorkville and rezoning from Kendall County A-1 Agricultural to United City of
Yorkville Planned Unit Development containing R-2 One-Family Residence District and R-4
General Residence District. The real property consists of approximately 60 acres at 10701
River Road, Bristol Township, Kendall County, Illinois.
3. PC 2005-14 Robert and Debra Dearborn, petitioners, have filed an application with the
United City of Yorkville, Kendall County, Illinois requesting rezoning from United City of
Yorkville R-2 One Family Residence District, to United City of Yorkville B-2 General
Business District. The real property is located at 201 S. Main Street, Yorkville, Kendall
County, Illinois.
Page 2
Plan Commission Agenda
May 11, 2005
Public Hearings (con't):
4. PC 2005-15 Robert and Debra Dearborn, petitioners, have filed an application with the United
City of Yorkville, Kendall County, Illinois requesting rezoning from United City of Yorkville
R-2 One Family Residence District,to United City of Yorkville B-2 General Business
District. The real property is located at 204 Hydraulic Street, Yorkville, Kendall County,
Illinois.
Presentation: None
Old Business: None
New Business:
1. PC 2004-18 Wyndham Deerpoint Homes and Judith I. Bell, Jennie M. Mulvey and Richard
Huston, as Trustees under Declaration of Trust Agreement dated October 10, 1983,
petitioners, have filed an application with the United City of Yorkville, Kendall County,
Illinois requesting rezoning from R-3 General Residence District to United City of Yorkville
R-3 General Residence District Planned Unit Development. The real property consists of
approximately 9.69 acres near the Southwest corner of Route 71 and Route 47, in the United
City of Yorkville, Kendall County, Illinois.
2. PC 2005-08 McCue Builders, Inc. and Youth Camp Association of District 12 & 13 Polish
National Alliance of the United States of America, petitioners, have filed an application with
the United City of Yorkville, Kendall County, Illinois requesting annexation to the United
City of Yorkville and rezoning from Kendall County A-1 Agricultural to United City of
Yorkville Planned Unit Development containing R-2 One-Family Residence District and R-4
General Residence District. The real property consists of approximately 60 acres at 10701
River Road, Bristol Township, Kendall County, Illinois.
3. PC 2005-08 Blackberry Woods - Preliminary Planned Unit Development Plan
4. PC 2005-14 Robert and Debra Dearborn, petitioners, have filed an application with the
United City of Yorkville, Kendall County, Illinois requesting rezoning from United City of
Yorkville R-2 One Family Residence District, to United City of Yorkville B-2 General
Business District. The real property is located at 201 S. Main Street, Yorkville, Kendall
County, Illinois.
5. PC 2005-15 Robert and Debra Dearborn, petitioners, have filed an application with the United
City of Yorkville, Kendall County, Illinois requesting rezoning from United City of Yorkville
R-2 One Family Residence District, to United City of Yorkville B-2 General Business
District. The real property is located at 204 Hydraulic Street, Yorkville, Kendall County,
Illinois.
Page 3
Plan Commission Agenda
May 11, 2005
New Business (con't):
6. PC 2005-03 Aspen Ridge Estates - Preliminary Plan
7. PC 2005-18 Del Webb/Pulte Homes- Garritano/Brummel Concept Plan
Additional Business:
Adjournment:
Page 1 of 6
UNITED CITY OF YORKVILLE DRAFT
PLAN COMMISSION
YORKVILLE CITY HALL COUNCIL CHAMBERS
WEDNESDAY,JANUARY 12, 2005
Chairman Tom Lindblom called the meeting to order at 7 p.m.
ROLL CALL
Members present: Charles Kraupner, Clarence Holdiman,Anne Lucietto, Bill Davis,
Sandra Adams, Brian Schillinger, Jack Jones, Michael Crouch and Tom Lindblom.
A quorum was established.
VISITORS
Mayor Art Prochaska; Alderman Richard Sticka; John Wyath, city attorney; City Planner
Mike Schoppe; Lynn Dubajic, Yorkville Economic Development Corporation; attorney
John Philipchuck; Tim Winters; attorney Charles Kopecky;Rich Guerard; Kendall
County Township highway commissioner Marty Schwartz;John McVickers; David
Bauman; Sarah Fischer; and John Whitehouse, EEI. Also, see attached sign-in sheet.
MINUTES
Minutes from the September 15, 2004 Joint City Council and Plan Commission meeting
were approved. Minutes from the November 10, 2004 Plan Commission meeting were
approved after a change was made to reflect that Anne Lucietto was in attendance at the
meeting, but needed to leave early.
PUBLIC HEARINGS
The Plan Commissioners voted to hold the public hearing and discuss new business
concerning item 2 (PC 2004-31)on the agenda first.
2. PC 2004-31 McVickers Yorkville LLC petition for a PUD.
See attached.
NEW BUSINESS
2. PC 2004-31 McVickers Yorkville LLC petition for a PUD.
The petitioners are seeking a PUD plan with setback variations, which would eliminate
the side yard setback between lots and.
City Attorney John Wyath said the original annexation agreement clearly states that the
responsibility goes with the land and is the obligation of future owners. Chairman
Lindblom asked why the petitioners are choosing not to honor that part of the agreement.
John McVickers said they didn't choose not to honor the agreement. Rather, they aren't
focusing on that particular paragraph of the document as closely as other have.
Page 2 of 6
He would like to see if there is a compromise, which would allow the developers to
install a buffer that would please residents without using that 30 feet of land. Certain
types of landscaping might provide a better buffer than 30 feet of grass, he said.
Commissioner Michael Crouch said he's not sure the developers could offer a
compromise. The surrounding landowners feel as if they've been compromised enough,
he said. He said the developer needs to abide by the 30 feet setback stated in the
agreement.
McVickers said they dropped the intended special use request for a gas station because
residents were opposed and they wanted to come forth with a good faith effort.
Commissioner Anne Lucietto said the commission needs to listen to residents and the
residents are very adamant about keeping the 30 feet in tact.
Crouch made a motion to approve the request for a PUD as stated in PC 2004-31.
Commissioner Bill Davis seconded the motion. The motion was unanimously rejected.
Commissioners Charles Kraupner, Clarence Holdiman, Bill Davis, Sandra Adams, Brian
Schillinger, Jack Jones, Michael Crouch and Tom Lindblom voted no. Anne Lucietto
abstained.
The commission then voted to return to the public hearing items on the agenda.
PUBLIC HEARINGS
5. PC 2004-35 Yorkville Farms Development,LLC and Stewart Farms, LLC
petition to annex and rezone.
See attached.
After closing the public hearing, the commission voted to discuss PC 2004-35 under new
business.
NEW BUSINESS
5. PC 2004-35
Commissioner Jack Jones said he likes the 12,000 square foot minimum lot sizes in the
plan. Meanwhile, Commissioner Brian Schillinger requested that consideration be given
to the Bauman property as David Bauman requested during the public hearing.
Jones made a motion to recommend annexation of PC 2004-35. Lucietto seconded the
motion. The motion was unanimously approved in a roll call vote. Holdiman, Lucietto,
Davis, Adams, Schillinger,Jones, Crouch, Kraupner and Lindblom vote yes.
Lucietto made a motion to recommend rezoning for PC 2004-35. Crouch seconded the
motion. Schillinger then asked to make an amendment to the motion to include the
requirement to adhere to design guidelines. Crouch seconded that motion. The
Page 3 of 6
amendment was unanimously approved in a roll call vote. Lucietto, Davis, Adams,
Schillinger, Jones, Crouch, Kraupner, Holdiman and Lindblom voted yes.
The recommendation for rezoning was unanimously approved in a roll call vote. Davis,
Adams, Schillinger, Jones, Crouch, Kraupner, Holdiman, Lucietto and Lindblom voted
yes.
PUBLIC HEARINGS
1. PC 2004-06 Centex Homes petition to annex and rezone.
See attached.
3. PC 2004-32 River Oaks Property Development request to rezone.
See attached.
4. PC 2004-33 Midwest Development petition to annex and rezone.
See attached.
NEW BUSINESS
1. PC 2004-06 Centex Homes
City Planner Mike Schoppe said the plan complies with the city's Comprehensive Plan.
While the densities are higher than the Comprehensive Plan allows, there's also a large
amount of open space to offset those densities, he said.
Jones asked why the developer eliminated retail space in favor of putting in more
condominiums. Kevin Stowe for Centex Homes said Centex Homes didn't eliminate any
retail space. In fact, Centex Homes isn't building on the Northgate commercial property,
which is attached to the Centex Homes property. Mid-America actually owns the
commercial portion of the property and gave Centex Homes the boundary, Stowe said.
Still, Jones said he's against the increased density of the condos. Also, Crouch said he's
like to see the lot sizes for single-family homes increased. Stowe, however, said if they
increase the lot sizes, they would have to decrease the amount of open space. He also
added that the overall density of the plan has slightly decreased since the last plan was
presented to the commission.
Overall, he said the plan presented features about 240 acres of open space and the
Bertram farm, which is about 2.2 acres, will remain a farm site.
Schillinger said his overall concern is density. He said he understands the city is getting a
regional detention facility with the property, but the density is still too high.
Jones said it feels as if the city is being held hostage.
Page 4 of 6
Schoppe said the city would have another opportunity to review the proposal when the
preliminary plan comes back to the Plan Commission.
Schillinger made a motion to recommend approval of annexation as requested in PC
2004-06. Adams seconded the motion. The motion was unanimously approved in a roll
call vote. Adams, Schillinger, Jones, Crouch, Kraupner, Holdiman, Lucietto, Davis and
Lindblom voted yes.
Schillinger then made a motion to recommend approval for rezoning as presented on the
plat displayed for PC 2004-06. Kraupner seconded the motion. The motion was approved
7-2 in a roll call vote. Jones, Kraupner, Holdiman, Lucietto, Davis, Adams, and Lindblom
voted yes. Schillinger and Crouch voted no.
3. PC 2004-32 River Oaks Property Development LLC
Schillinger asked if this request fell under a special use permit. Mayor Art Prochaska said
the city has worked out this type of agreement before. Rather than issuing a special use
permit, guidelines and requirements can be outlined in a development agreement.
Crouch made a motion to recommend rezoning for PC 2004-32 as requested, subject to a
development agreement. Lucietto seconded the motion. The motion was unanimously
approved in a roll call vote. Jones, Crouch, Kraupner, Holdiman, Lucietto, Davis, Adams,
Schillinger and Lindblom voted yes.
6. PC 2004-18 Wynstone Townhome Development—Concept preliminary plan
Rich Guerard from Wyndham Deerpoint Homes said the proposed plan is to build 56
units in a proposed townhome development. He said the developers would like to create a
detention area to save the some of the trees on the property and they are currently doing a
tree study.
The proposal calls for 4-unit and 5-unit buildings all with two-car garages. There also
would be 50 guest parking spaces installed. Guerard said the proposed units have a
residential look to them and the size of the units varies from a minimum of 1,533 square
feet to 2,300 square feet.
Marty Schwartz, Kendall Township highway commissioner, read a letter,which he had
written to City Administrator Tony Graff. The letter states that in April 2004, he was
approached by two residents who live at the south end of Walnut Street. They had
requested the township vacate the right of way between their two houses. Since then, he
received notice from the city informing him that there is a developer who wants to
connect to Walnut.
As road commissioner, he asked that Walnut not be used as a street to the new
development. Vacation of the right of way has already started. Also,he said the street
was not built for the traffic the development would bring. Schwartz also said he believes
the additional traffic would decrease property values for the houses on Walnut Street.
Page 5 of 6
Lindblom, however, said he has a concern with one-way in to the proposed subdivision.
Resident Sarah Fischer said Walnut Street is partially in her driveway. The way the
development is proposed, she said there wouldn't be 200 feet between her home and
Walnut Street.
Lindblom told Guerard that is looks as if he has some problems to solve before the
proposed development can progress.
7. PC 2004-24 Caledonia—Final Plat
Schoppe said there are a few outstanding issues, otherwise it looks good. Lucietto
recommend approval of the final plat for PC 2004-24 subject to staff comments. Davis
seconded the motion. The motion was unanimously approved in a roll call vote. Crouch,
Kraupner, Holdiman, Lucietto, Davis, Adams, Jones and Lindblom voted yes. Schillinger
abstained.
8. PC 2001-06 Grande Reserve Unit 10—Preliminary/Final Plat
Attorney John Phillipchuck said that the plats for Unit 10 and 11 are in substantial
conformance with the concept plan and he asks for approval. Schoppe said he
recommends approval of the plan.
John Whitehouse with Engineering Enterprises, Inc. added that approval should also be
subject to compliance with the width of utility easements.
Lucietto made a motion to recommend approval of the preliminary/final plat for PC
2001-06 Unit 10 as requested subject to staff concerns and final engineering. The motion
was unanimously approved in a roll call vote. Crouch,Kraupner, Holdiman, Lucietto,
Davis, Adams, Jones and Lindblom voted yes. Schillinger abstained.
9. PC 2001-06 Grande Reserve Unit 11 —Preliminary/Final Plat
Lucietto made a motion to recommend approval of the preliminary/final plat for PC
2001-06 Unit 11 as requested subject to staff concerns and final engineering. The motion
was unanimously approved in a roll call vote. Crouch, Kraupner, Holdiman, Lucietto,
Davis, Adams, Jones and Lindblom voted yes. Schillinger abstained.
10. PC 2004-14 Swanson Lane Estates—Preliminary/Final Plat
Attorney Charles Kopecky said there are now six lots in the plan. The last time it was
presented,there were five lots. The petitioner had talked about reserving the right to
subdivide one lot at a later date, but decided to go ahead and have that platted now.
Schoppe said there are some plat issues and minor details that need to be cleaned up.
Also, he said the management of the conservation area needs to be resolved. Whitehouse
also pointed out some engineering issues that need to be resolved as per a letter from City
Engineer Joe Wywrot. Crouch made a motion to recommend approval for PC 2004-14
subject engineering issues and staff concerns. Lucietto seconded the motion. The motion
Page 6 of 6
was unanimously approved in a roll call vote. Holdiman, Lucietto, Davis, Adams,
Schillinger, Jones, Crouch, Kraupner and Lindblom voted yes.
The meeting adjourned at 10:05 p.m.
Minutes respectfully submitted by Dina Gipe
PLAN COMMISSION MEETING
UNITED CITY OF YORKVILLE , ILLINOIS
REPORT OF PROCEEDINGS had at the meeting
of the above-entitled matter taken before
CHRISTINE M . VITOSH, C . S . R. , R. P . R . , on
January 12 , 2005 , at the hour of 7 : 00 p . m. , at
800 Game Farm Road, in the City of Yorkville ,
Illinois .
D-747705
s
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DEPO o COURT
reporting service
800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013
www.depocourt.com
2
1 PRESENT :
2 MR . TOM LINDBLOM, Chairman;
3 MR . CLARENCE HOLDIMAN;
4 MS . SANDRA ADAMS ;
5 MS . ANNE LUCIETTO;
6 MR . BILL DAVIS ;
7 MR . BRIAN SCHILLINGER;
8 MR . JACK JONES ;
9 MR . MIKE SCHOPPE ;
10 MS . DINA GIPE .
11 APPEARANCES :
12 WYETH, HEITZ & BROMBEREK
300 East Fifth Avenue , Suite 380
13 Naperville, Illinois 60563
( 630 ) 355-1458
14 BY : MR . JOHN JUSTIN WYETH,
appeared on behalf of the United
15 City of Yorkville, Illinois .
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1 ( Pledge of Allegiance )
2 CHAIRMAN LINDBLOM : At this time I
3 would entertain a motion then to change our
4 agenda to read public hearing number 2 at this
5 time , followed by the discussion of public
6 hearing number 2 following that .
7 MS . ADAMS : So moved .
8 MS . LUCIETTO : Second .
9 CHAIRMAN LINDBLOM : Moved and
10 seconded to change the agenda . Any further
11 discussion?
12 (No response )
13 CHAIRMAN LINDBLOM : Those in favor
14 signify by saying aye .
15 (A Chorus of Ayes )
16 CHAIRMAN LINDBLOM : Opposed?
17 (No response )
18 CHAIRMAN LINDBLOM : Motion passes .
19 Is there a motion to go into public hearing?
20 MR . KRAUPNER : So moved .
21 MR . CROUCH : Second .
22 CHAIRMAN LINDBLOM : Moved and
23 seconded . Any further discussion on that?
24 (No Response )
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1 CHAIRMAN LINDBLOM : Those in favor
2 signify by saying aye .
3 (A Chorus of Ayes )
4 CHAIRMAN LINDBLOM : Opposed?
5 (No response )
6 CHAIRMAN LINDBLOM : Motion passes .
7 Okay . For people in the audience then, anybody
8 that wishes to speak or thinks they would want to
9 speak to Item Number PC2004-31 , that ' s
10 regarding -- well , I will read this for the
11 record . McVickers Yorkville , LLC, petitioner,
12 has filed an application with the United City of
13 Yorkville , Kendall County, Illinois , requesting
14 to provide for a Planned Unit Development
15 containing B-3 Service Business District and B-3
16 Service Business District Special Use for a day
17 care center and gas/petroleum service station .
18 The real property consists of
19 approximately 3 . 11 acres located at the northwest
20 corner of Route 47 and Cannonball Trail in the
21 United City of Yorkville , Kendall County,
22 Illinois .
23 Anybody wishing to address this
24 issue before the Commission, if you would please
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1 stand and raise your hand and repeat after me .
2 (Witnesses sworn)
3 CHAIRMAN LINDBLOM: And who is
4 speaking for the petitioner?
5 WHEREUPON :
6 CRAIG KNOPPE ,
7 having been first duly sworn , testified before
8 the Plan Commission as follows :
9 MR . KNOPPE : Good evening . My name
10 Craig Knoppe , I ' m with Knoppe Engineering in
11 Geneva . Unfortunately my client isn ' t here
12 tonight . He is supposed to be here, but he must
13 have got caught up in traffic coming down 47 , so
14 I guess basically all I can do is answer any
15 questions that you have regarding the plan that ' s
16 been submitted .
17 CHAIRMAN LINDBLOM : Craig , I guess I
18 am a little confused . Maybe you can clarify
19 this .
20 MR . KNOPPE : Sure .
21 CHAIRMAN LINDBLOM : What you have
22 given to us is you are asking for special use day
23 care center and gas petroleum; however, in the
24 handout given to us , you are showing drugstore ,
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1 office building, et cetera . I am confused .
2 MR. KNOPPE : When I talked to John
3 this afternoon, it was my understanding that the
4 public hearing tonight was going to be for the
5 PUD only and not the special uses , because the
6 uses are not certain at this time, and that they
7 were going to come back and address the special
8 use issue .
9 Is that correct, Tony?
10 MR . GRAFF : Yeah .
11 CHAIRMAN LINDBLOM: So you are
12 asking us then tonight just to consider the --
13 MR . KNOPPE : The PUD plan .
14 CHAIRMAN LINDBLOM : -- the PUD part
15 of it .
16 MR . KNOPPE : With the setback
17 variations , correct .
18 MR . CROUCH : Mr . Chairman .
19 CHAIRMAN LINDBLOM : Yes .
20 MR . CROUCH : I join in your
21 confusion . So are we talking about a gas station
22 or not?
23 MR . KNOPPE : At this point it ' s my
24 understanding that we are not . Is that --
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1 CHAIRMAN LINDBLOM: And if at some
2 point in the future you wish to do that , then you
3 come back before us for a --
4 MR. KNOPPE : Come back for the
5 special use .
6 CHAIRMAN LINDBLOM : -- public
7 hearing and go through this all again .
8 MR . KNOPPE : Yes , correct .
9 CHAIRMAN LINDBLOM : Okay . Is it in
10 our best interests hear objections to I would
11 assume the gas station day care center at this
12 time?
13 MR . SCHILLINGER : Are you going to
14 be asking for straight zoning then tonight or are
15 you asking for a PUD for a specific use?
16 MR . KNOPPE : A PUD because of the
17 setback variations that we are going to be
18 required .
19 MR . SCHILLINGER : Well , setback
20 variations are -- if there is no specific
21 business planned, I don ' t know as -- why we would
22 want to entertain --
23 MR. KNOPPE : Well, I think
24 regardless , you know, of the uses and the uses
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1 that we had shown on the preliminary plan that
2 you have, it would require the setback variations
3 to have adequate parking .
4 CHAIRMAN LINDBLOM : Along those
5 lines , are the uses that are in our handout what
6 you intend?
7 MR . GRAFF : Here is the petitioner .
8 MR . KNOPPE : We will let him answer
9 these questions .
10 WHEREUPON :
11 JOHN McVICKERS and JOHN THOMPSON,
12 testified before the Plan Commission as follows :
13 MR. McVICKERS : I ' m sorry, we were
14 on the agenda at a different spot, I apologize
15 for the inconvenience . I am John McVickers from
16 McVickers Development . Again, we apologize . I
17 thought we were second on the agenda .
18 John -- my partner, John
19 Thompson and I , had a little bit of difference .
20 So what can I --
21 CHAIRMAN LINDBLOM : All right . My
22 understanding then, John , is that you are not
23 here tonight to talk about day care center/gas
24 station petroleum station .
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1 MR . McVICKERS : That ' s correct .
2 That ' s correct . We have removed that request
3 from our application .
4 CHAIRMAN LINDBLOM: Okay . I think
5 out of courteous -- being courteous to the public
6 that went out of their way to be here tonight , I
7 think we owe it to them to hear limited
8 testimony, for lack of a better word, as to -- as
9 to that issue and then we can get on to your
10 variances .
11 With that being said, those of
12 you in the audience , would you care to hear?
13 MR . CROUCH : Does he care to make a
14 presentation?
15 CHAIRMAN LINDBLOM: Well , I think
16 he -- I think he is going to have to present
17 something on the PUD .
18 MR. CROUCH : That ' s in fairness .
19 CHAIRMAN LINDBLOM: Okay . Let ' s
20 hear what you ' ve got .
21 MR . McVICKERS : Okay . So I have it
22 clear, what are we going to talk about, the PUD
23 now or --
24 CHAIRMAN LINDBLOM: Yes .
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1 MR . McVICKERS : -- the special uses ?
2 CHAIRMAN LINDBLOM : The PUD .
3 MR . McVICKERS : Okay.
4 CHAIRMAN LINDBLOM : Could you
5 possibly put that up on the easel over here so we
6 don ' t have it to everybody ' s back? In the back
7 there can everybody --
8 MR. McVICKERS : We have a three
9 point -- approximately 3 . 1 acre site at the
10 corner of Cannonball and 47 that we ' re asking for
11 a couple of variances on .
12 They really relate to the fact
13 that we would like to plan a development of this
14 three-acre site together with three lots . The
15 property is currently owned by Ex Pack
16 Manufacturing, and we are under contract to
17 purchase it from them, and they are coming in
18 separately to subdivide the property into
19 three approximately one-acre lots , and our
20 variance requests fall into really two
21 categories ; those categories being the
22 elimination of side yard setbacks between lots --
23 the interior lots , and then reduction of some
24 setbacks along the north and the west property
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1 lines where we abut up against existing green
2 space , and that ' s -- that ' s really it . That ' s --
3 It ' s a fairly simple request .
4 I think because of the special
5 use issues that came up it ' s gotten a little bit
6 of attention, but with regard to the PUD, it ' s
7 really a matter of making sure that we can
8 develop the site on an integrated basis , and
9 that ' s the reason for the request for the
10 variances .
I1 CHAIRMAN LINDBLOM : So if I
12 understand you correctly then, you are asking us
13 to eliminate side yard setbacks .
14 MR. McVICKERS : That ' s correct .
15 CHAIRMAN LINDBLOM : And I am a
16 little confused on this parking . What ' s on your
17 application is ten feet along scalloped lot line
18 in the southeast corner of Lot 3 .
19 MR . McVICKERS : The reason for that ,
20 frankly, is that our reading of the zoning
21 ordinance provides for front yard setbacks and
22 side yard setbacks , but just to be comprehensive ,
23 frankly, and to eliminate any future ambiguity,
24 we wanted to identify the fact that that little
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1 scalloped piece is really neither a side yard nor
2 a front yard, so we just --
3 CHAIRMAN LINDBLOM : Could you
4 indicate where that is for me?
5 MR . McVICKERS : Yeah, sure . Right
6 down here in this corner where it kind of goes on
7 an angle , it was unclear to us under the zoning
8 ordinance whether or not it was a side yard as in
9 over here or a front yard as in over here , so
10 it ' s really just a clarification so neither the
11 village nor us would have any confusion over it
12 in the future .
13 CHAIRMAN LINDBLOM : Okay . Very
14 good . Okay . Anything else , John?
15 MR. McVICKERS : No .
16 CHAIRMAN LINDBLOM : Okay . At this
17 time then I would entertain any comments that the
18 public wishes to have . Yes , sir .
19 WHEREUPON :
20 PHIL MARSHALL,
21 having been first duly sworn, testified before
22 the Plan Commission as follows :
23 MR . MARSHALL : I guess I would
24 ask -- Phil Marshall . I live over on Amanda
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1 Lane . My first question is are you delaying the
2 request for the gas station or you are not going
3 to build a gas station there?
4 MR . McVICKERS : Well , at this point
5 in time we have no interest in asking for a
6 special use for a gas station . That ' s what I can
7 tell you .
8 We are merely trying to be
9 comprehensive in determining what we could
10 potentially develop on that site .
11 We have encountered a
12 significant amount of resistance regarding a gas
13 station , so we have decided that, you know, we
14 don ' t need to develop a gas station there at this
15 point in time .
16 MR . MARSHALL : What are your plans
17 to put on that property?
18 MR . McVICKERS : Well , we have a
19 number of different options , and we are talking
20 with a number of different potential users for
21 that site , all of which fall within the current
22 zoning for the site , and we have decided that we
23 feel comfortable with that and with -- have
24 decided not to pursue a special use for a gas
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14
1 station at this time .
2 CHAIRMAN LINDBLOM : Just for
3 clarification, this property is currently zoned
4 B-3 , business zoning .
5 MR . MARSHALL : Okay . Well , I don ' t
6 think everybody wants to hash through all the
7 reasons why we don ' t want a gas station, you guys
8 have a busy night , and if he ' s not going to put a
9 gas station there , there ' s limited issues that we
10 care about .
11 I would like to take the
12 opportunity, though, to pick out a couple
13 paragraphs out of the original annexation
14 agreement for this property that ' s dated the 25th
15 of February, 1999 , and it ' s between Yorkville and
16 Candy Mill Products .
17 I apologize if this is
18 redundant to what you already read, but I ' d like
19 to make sure everybody is reminded of it .
20 In Section 1 , paragraph B ,
21 owner/developer, and its successors , heirs and
22 assigns hereby agree to -- agree that prior to
23 issuance of a building permit on the subject
24 parcel , a site development plan shall be
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15
1 submitted and approved by the City of Yorkville
2 conforming to the following standards : One , only
3 one access shall be allowed to Cannonball Trail ,
4 said access should be 200 feet away . It also
5 required a 30-foot setback shall be maintained on
6 the entire south and west boundaries of the
7 subject site as a transition buffer with the
8 adjoining residential uses .
9 Some of those houses have been
10 there for 40 years .
I1 Said transitional
12 buffer/setback area shall be improved with
13 landscaping berming -- it says financing, but I
14 think that means fencing -- with an opacity
15 factor of at least 50 percent at the time of
16 development .
17 And the immediate residents
18 would like those clauses adhered to that were
19 agreed to in 1999 .
20 CHAIRMAN LINDBLOM: Okay . Do you
21 have comments on those three points , John?
22 MR . McVICKERS : If I can take
23 them -- I might need a little bit of refreshing
24 from what you just brought up, but with regard to
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16
1 the setback on the west side I believe, I don ' t
2 think that ' s an issue as much as right now this
3 property is part of a larger lot , and if I could
4 try and point that out here , there shouldn ' t be a
5 problem.
6 Right now this property is part
7 of -- The property line really goes all the way
8 back to here , and Ex Pack is subdividing the
9 property off here, but this is all green space ,
10 with the exception of a private driveway that ' s
11 being rerouted, so that it lines up with Patricia
12 Drive to the south, so, you know, my suggestion
13 would be that with regard to buffering any
14 residence to the west , if that is an issue , there
15 is plenty of green space which Ex Pack will
16 retain ownership of, which will do an adequate
17 job of buffering .
18 With regard to the south, I
19 want to be , you know, fully sensitive to the
20 people who are on the south and the buffering
21 there .
22 We have -- We have conformed
23 our plan to the existing zoning ordinance,
24 ordinance , with the -- with the village , with the
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17
1 exception of taking of some land for utilities
2 and such by the -- by the village , and that ' s
3 mainly the reason for our request for a variance
4 over what the zoning ordinance currently provides
5 for .
6 CHAIRMAN LINDBLOM : So are you
7 saying that you will have that 30 foot on the
8 south?
9 MR . McVICKERS : No , not currently,
10 but , you know, we are happy to make sure that
11 there is adequate landscaping there to offset
12 that fact .
13 CHAIRMAN LINDBLOM : And how much --
14 how much more shorter than 30 feet would you be?
15 MR . McVICKERS : Our original plan
16 was that we would have a ten-foot -- ten-foot
17 setback there , which I believe , if I ' m not
18 mistaken, is provided for in the ordinance .
19 Right now it ' s at five feet ,
20 and the reason for that mainly is that there ' s
21 been discussion about potentially adding to the
22 right-of-way for the village for utility planning
23 and whatever else the village may have for
24 long-term purposes .
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1 CHAIRMAN LINDBLOM : We ' ll come back
2 and talk about this . Okay . Is there somebody
3 else then that wishes to address the Commission
4 at this time?
5 WHEREUPON :
6 MARY ANN KOSINSKI,
7 having been first duly sworn, testified before
8 the Plan Commission as follows :
9 MS . KOSINSKI : Yes . My name is Mary
10 Ann Kosinski , and I --
11 CHAIRMAN LINDBLOM : Mary Ann , excuse
12 me . Could you come up to the microphone , please?
13 MS . KOSINSKI : Sure .
14 CHAIRMAN LINDBLOM : Thank you .
15 MS . KOSINSKI : Hi . My name is Mary
16 Ann Kosinski , and I live at 31 Cannonball Trail ,
17 which is the property directly to the west of
18 this , this site , and I object to any changes in
19 the agreement that the City made in 1999
20 because -- Well , most of the day I ' ve spent
21 talking about gas stations , but now that ' s off
22 the table . I ' d like to ask you a question .
23 You said about the gas station,
24 not at this time , and then you said no gas
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19
1 station . Which is it , not at this time or no?
2 MR . McVICKERS : Well , as my partner,
3 John Thompson, and I were talking at dinner , my
4 mom taught me a long time ago never to say never ,
5 but what I can tell you is that I do not have
6 any current plans for developing a gas station,
7 and I feel comfortable , you know, with the other
8 uses that are allowed for in the current B-3
9 zoning . That ' s -- that ' s really all I can -- all
10 I can say .
11 MS . KOSINSKI : Well , the neighbors ,
12 we ' ve got petitions signed against the gas
13 station .
14 MR . McVICKERS : Right .
15 MS . KOSINSKI : And the neighbors are
16 for any other kind of development except a gas
17 station, but you are still saying currently it
18 will not be a gas station?
19 MR . McVICKERS : You know --
20 MS . KOSINSKI : Is there any more ?
21 MR . McVICKERS : What I can say is
22 that we acted pretty definitively . We want to be
23 a good neighbor, and when we , you know, ran up
24 against the opposition that we ran up against , we
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20
1 decided pretty quickly to forego that request ,
2 and we did that I think with the hopes that we
3 could, you know, move forward on the project , so
4 we view that as a sign of good faith, a showing
5 of good faith .
6 And I understand your position
7 on it , you know . We had talked with some people
8 about limitations on hours and limitations on
9 style and things like that , and what we received
10 in response was , you know, no .
11 So we have decided not to fight
12 it and -- you know, holding the hope that we
13 could move our project along, you know, without
14 it , so that ' s really our take on it .
15 MS . KOSINSKI : Okay . Thank you .
16 CHAIRMAN LINDBLOM : Let me just
17 assure you, just to repeat , if for some reason
18 the decision is made to come back for a gas
19 station/day care center, this whole process
20 starts all over again .
21 MS . KOSINSKI : Okay . I ' ll save my
22 copy .
23 CHAIRMAN LINDBLOM : Okay . Thank
24 you . Yes , sir . Gentlemen in the back .
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21
1 WHEREUPON :
2 JOSEPH STENGER,
3 having been first duly sworn , testified before
4 the Plan Commission as follows :
5 MR . STENGER : I would just like to
6 make a brief comment on the history of this piece
7 of land .
8 CHAIRMAN LINDBLOM : I ' m sorry, could
9 we have your name?
10 MR . STENGER: My name is Joseph
11 Stenger, I reside at 3 Amanda Lane , which is the
12 corner of Amanda and Cannonball , and I have lived
13 there since 1990 .
14 And previously this property
15 was agricultural , and it is my understanding that
16 when the Remline building was originally built ,
17 that land was set aside as a buffer to the
18 neighbors , and when it was annexed in, these
19 additional setbacks of 30 feet were kind of put
20 in as a buffer for the neighbors kind of as the
21 bargaining chip because it was all originally put
22 in by the City as that would always be a buffer
23 zone, so that ' s why those 30 feet do not comply
24 with the standard City ordinances , and I believe
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22
1 that ' s my understanding of past history .
2 CHAIRMAN LINDBLOM : Okay . Thank
3 you . Duane? I ' m sorry, I had called --
4 WHEREUPON :
5 DUANE ORTON,
6 having been first duly sworn, testified before
7 the Plan Commission as follows :
8 MR . ORTON : Yes . I am Duane Orton
9 and I live at 4 Patricia Lane, which is just
10 across the street from the driveway that
11 currently comes out of the back .
12 MR . McVICKERS : That would be down
13 here ?
14 MR . ORTON : Yeah, right .
15 CHAIRMAN LINDBLOM : On the west
16 side ?
17 MR . ORTON : Right . As my
18 understanding is now, you are going to eliminate
19 that private driveway and line it up with
20 Patricia Lane .
21 To me , to have a busy
22 intersection 200 feet from a very busy
23 intersection is not a good idea . Right now I
24 have no problem.
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23
1 There is a lot of traffic even
2 out in the factory, they have to stop or they ' d
3 end up in my yard, but if you line those up , I
4 think a busy intersection 200 feet from 47 and
5 Cannonball is just really too close . Thank you .
6 CHAIRMAN LINDBLOM : Thank you .
7 MR . McVICKERS : If I might comment
8 on that briefly .
9 CHAIRMAN LINDBLOM: Sure .
10 MR . McVICKERS : My understanding is
11 that Faxon Road is going to eventually be
12 reconfigured up to the north of this property,
13 which will alleviate some of the , if not most of
14 the , employee traffic that otherwise comes out of
15 that driveway now from Ex Pack .
16 Granted, there will be traffic
17 from this site , but I don ' t think you are going
18 to have as much as is anticipated .
19 CHAIRMAN LINDBLOM : Okay .
20 MR . ORTON : That hasn ' t been set in
21 stone yet, though, that street . I know that was
22 a meeting a few months ago or some time ago .
23 Thank you .
24 WHEREUPON :
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24
1 JUDITH CASEY,
2 having been first duly sworn, testified before
3 the Plan Commission as follows :
4 MS . CASEY : My name is Judith Casey
5 and I live on the corner of Route 47 and
6 Cannonball Trail . I have lived there since 1967 .
7 I was there before the factory, and I am very
8 aware of what the City agreed to or the county
9 agreed to when Remline wanted to put in a
10 factory, and it was not supposed to be a
11 commercial property . When it was annexed into
12 the City, they made it commercial property
13 against our objection .
14 They then said as a concession
15 a 30-foot setback, and my objection would be the
16 lights and the amount of traffic .
17 I ' ve already had at least --
18 oh , maybe over the years at least three or four
19 vehicles in my yard from traffic accidents .
20 Thank you .
21 CHAIRMAN LINDBLOM : Thank you . Is
22 there anybody else that wishes to speak?
23 (No Response )
24 CHAIRMAN LINDBLOM : Going once?
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25
1 Going twice?
2 (No Response )
3 CHAIRMAN LINDBLOM: Anybody else?
4 (No Response )
5 CHAIRMAN LINDBLOM: Okay . With
6 that being said, could we adjourn the public
7 hearing?
8 MR . CROUCH : I move we close the
9 public hearing .
10 MR. DAVIS : Second .
11 CHAIRMAN LINDBLOM : It ' s been moved
12 and seconded to close the public hearing . John,
13 I ' m sorry, did you --
14 MR . WYETH : Just a clarification
15 about the procedure . I do not believe the
16 petitioner was in the room when people were sworn
17 in to give testimony .
18 CHAIRMAN LINDBLOM : I think you are
19 probably right , but it ' s done and over with now .
20 MR. WYETH : Swear him in .
21 CHAIRMAN LINDBLOM : Okay . I would
22 ask you, by legal counsel to swear you in and
23 ratify what you have just said .
24 (Witnesses sworn )
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1 CHAIRMAN LINDBLOM : Okay . Thank
2 you, John . Okay . We ' ve got a motion on the
3 floor and a second to close the public hearing .
4 Is there further discussion on that?
5 (No response )
6 CHAIRMAN LINDBLOM : Those in favor
7 signify by saying aye .
8 (A Chorus of Ayes )
9 CHAIRMAN LINDBLOM : Opposed?
10 (No Response )
11 CHAIRMAN LINDBLOM : The public
12 hearing is now finished and we can enter into
13 discussion on PC2004-31 .
14 (WHEREUPON,
15 proceedings were had
16 which were not
17 reported . )
18 CHAIRMAN LINDBLOM : Okay . At this
19 time I ' d like to entertain a motion to go into
20 public hearing for -- I ' m sorry, could we have a
21 motion to amend the agenda to put --
22 MS . ADAMS : To put everything back
23 in its original order?
24 CHAIRMAN LINDBLOM : To put Item 5 on
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27
1 the agenda .
2 MS . LUCIETTO : Item 5 , sure , I ' ll
3 make the motion .
4 CHAIRMAN LINDBLOM: Okay . So moved .
5 Is there a second?
6 MR . JONES : Second .
7 CHAIRMAN LINDBLOM: Moved and
8 seconded to change the agenda . Those in favor
9 signify by saying aye .
10 (A Chorus of Ayes )
11 CHAIRMAN LINDBLOM: Okay . At this
12 point can we have a motion to go to public
13 hearing? Is there a motion for that?
14 MR . HOLDIMAN : So moved .
15 CHAIRMAN LINDBLOM : Moved to go to
16 public hearing . Is there a second?
17 MS . LUCIETTO : Second .
18 CHAIRMAN LINDBLOM : Those in favor
19 signify by saying aye .
20 (A Chorus of Ayes )
21 CHAIRMAN LINDBLOM: Motion passes .
22 Okay . We will have the swearing in for anybody
23 regarding PC2004-35 , Yorkville Farms Development ,
24 LLC, and Stewart Farms , LLC, petitioners , have
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28
1 filed an application with the United City of
2 Yorkville , Kendall County, Illinois , requesting
3 annexation to the United City of Yorkville and
4 rezoning from Kendall County A-1 Agricultural to
5 United City of Yorkville R-2 One-Family Residence
6 District .
7 The real property consists of
8 approximately 195 acres at the southwest corner
9 of Ashley Road and Route 126 , Kendall Township,
10 Kendall County, Illinois .
11 At this time could I have
12 anybody that wishes to raise your right hand and
13 repeat after me?
14 (Witnesses sworn)
15 CHAIRMAN LINDBLOM : Thank you . The
16 same rules pertain to this as what I explained to
17 the people before . Please step up to the
18 microphone , state your name , and ask any
19 questions , make any statements , that you would
20 like .
21 This is being recorded by a
22 court reporter, so we cannot have more than one
23 person talking at a time .
24 You also have the right then to
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29
1 cross-examine anything that is presented here
2 today.
3 With that being said, Jason,
4 are you the spokesperson for the development? I
5 WHEREUPON :
6 JASON POPPEN,
7 having been first duly sworn , testified before
8 the Plan Commission as follows :
9 MR. POPPEN : I will be the
10 spokesperson and moderator tonight . I am Jason
11 Poppen on behalf of Stewart Farms , LLC , as well
12 as Yorkville Farms , LLC .
13 We are here for annexation and
14 rezoning from agriculture A- 1 to R-2 straight
15 single family zoning .
16 Also with me tonight is Ted
17 Lundquist of SEC Planning . He will be getting
18 into the details of the plan . We have Jeremy
19 Shaw, who is an attorney representing Stewart
20 Farms , LLC . We have a couple attorneys with us .
21 We have Jim Olguin representing Yorkville Farms ,
22 LLC, the developer, Dan Harper, and Pete Huinker
23 is here from Smith Engineering to answer any
24 questions on engineering if we need to answer any
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30
1 of those .
2 Real quickly, the subject site
3 is directly adjacent and it has contiguity with
4 Raintree Village along 126, just to talk about
5 the site real quick .
6 Before I turn it over to Ted to
7 give you the detail of the planning that we have
8 gone through on the project , I do want to talk a
9 little bit about the approach we ' ve taken to the
10 project on behalf of Craig Stewart and his
11 family .
12 We are annexing -- in the
13 process of trying to annex and rezone the
14 property . In the process , certainly we have
15 reached out to the adjacent -- the majority of
16 adjacent property owners to try to address any
17 issues that they may have early in the process .
18 As you will look , and when we
19 get into the plan, the draft Comprehensive Plan
20 allows for multi-family transitional use in the
21 northeastern corner .
22 The subject -- the majority of
23 the property owners did not like that concept of
24 multi-family there ; therefore , the plan presented
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31
1 tonight is all single family, minimum of 12 , 000
2 square foot lots .
3 Drainage is another issue that
4 is a big issue with the adjacent property owners ,
5 so we ' re trying to address the detention areas
6 and the ponding on the plan early in the process
7 here to try to minimize any impacts on the
8 adjacent property owner .
9 Recently, as recent as last
10 week, we had another discussion, and Mrs . Block
11 brought up the point of dogs coming onto her
12 property, so she asked about berming and
13 fencing .
14 Those are issues that we are
15 looking into right now and trying to -- again,
16 we ' re going to work with the adjacent property
17 owner on that issue as well throughout the
18 process .
19 Then also access to her
20 property, which is right here, currently there is
21 an easement, a 27- foot easement, that runs along
22 the property line .
23 Because of traffic on 126 and
24 issues with pulling farm equipment out , they are
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32
1 requesting that we consider access along the
2 southern border of the property, again, which is
3 something that we have taken under consideration
4 and are working with the plan to see how we may
5 accommodate her on that issue .
6 We ' ve also met with the City
7 several times over probably the last year, year
8 and a half, to discuss this .
9 We understood you were going
10 through your comprehensive update, and so we
11 think you ' ll find that the plan is relatively in
12 sync with that, we ' re hoping anyway, and I ' ll
13 turn it over to Ted .
14 WHEREUPON :
15 TED LUNDQUIST ,
16 having been first duly sworn, testified before
17 the Plan Commission as follows :
18 MR . LUNDQUIST : Good evening . My
19 name , again, is Ted Lundquist . I am with SEC
20 Planning .
21 Just to highlight on a couple
22 more issues regarding the site , first of all ,
23 there is a fair amount of relief on the site .
24 We have topographical change of
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33
1 about 50 feet moving from west to the east side
2 of the site , and that is going to dictate a
3 little bit as far as some of the stormwater
4 issues that Jason touched on and also our
5 attempts to try and comply with the future
6 Comprehensive Plan that ' s under review right
7 now .
8 In addition to that , the City
9 of Yorkville Transportation Plan is showing an
10 extension of Penman Road north all the way up to
11 Van Emmon Road, and at the City ' s request and
12 some information we ' ve got from them, it ' s their
13 hope that we can accommodate for that extension
14 on our -- our site and with our plan, so that ' s
15 another one of our design constraints .
16 In addition to that , we had
17 some access coming off of the Raintree Village
18 development to the northwest and we want to
19 accommodate for with our plan, and then it ' s also
20 our understanding that there is a potential for a
21 school site to be located on the property just to
22 the south of the Raintree development right now,
23 west adjacent to our site , and, again , speaking
24 with the City, they were hoping that we could
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34
1 modify our plan to try and accommodate that in
2 the future . So that kind of sets forth some of
3 the design constraints .
4 As far as our plan and
5 foundation, like I said, it ' s our hopes to try to
6 fit in with the decision of the Comprehensive
7 Plan of the City of Yorkville, and our client
8 really wants to respect the intentions of the
9 Comprehensive Plan as well as the City of
10 Yorkville ' s zoning specifications .
11 With that , the Comprehensive
12 Plan, as Jason mentioned, is mostly classified as
13 suburban residential with a small portion of
14 transitional neighborhood .
15 We have decided to go simply
16 with suburban residential single family . We are
17 proposing 345 units , which sets forth a density
18 of 1 . 77 units per acre .
19 Suburban classifications , the
20 classification for suburban residential , allows
21 for 2 . 25 units per acre , so we are well below the
22 standard set forth for the suburban residential
23 neighborhood .
24 In addition to that , we are
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1 aware that the Comprehensive Plan is looking to
2 identify Route 126 as a primary gateway corridor
3 for the City of Yorkville , and with that , it ' s
4 the hopes that all development will try to
5 preserve the scenic value of that road and
6 preserve that as a scenic corridor through the
7 City .
8 As part of that , we are trying
9 to introduce a substantial amount of buffer along
10 Route 126 , and we are doing that with some of our
I1 detention, as well as substantial setback from
12 the right-of-way .
13 We have an average setback of
14 185 feet from the right-of-way to many of our
15 backs of lots , so that ' s trying to preserve the
16 scenic corridor of Route 126 .
17 In addition to 126 , we have
18 Ashley Road, which we are also trying to again
19 provide a substantial amount of buffer with an
20 average of 200 . 5 feet of setback from the
21 right-of-way there , we ' re trying to preserve the
22 real character of the views along Ashley Road .
23 In addition to our setbacks ,
24 along Route 126 in the northeastern corner , we
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36
1 have utilized open cul-de-sacs rather than the
2 traditional cul-de-sacs , which have lots all the
3 way around them.
4 This is done in an attempt to
5 reduce the amount of homes that are backing up to
6 Route 126 . This way there will be eight lots in
7 that northwestern -- northeastern corner that are
8 affected by Route 126 .
9 Moving on to the zoning
10 standards , finally, we are not asking for any
11 variances from the City of Yorkville zoning
12 standards or the City ' s subdivision regulations .
13 Our minimum lot size is 12 , 000
14 square feet, with our maximum lot -- maximum lot
15 size of 30 , 000 square feet . All in all , we have
16 an average lot size of 13 , 600 feet .
17 As far as the plan itself , we
18 are providing sufficient access in every
19 direction . We have access to Route 126 , access
20 to Ashley Road, potential access to the south , as
21 well as multiple points of access to the west ,
22 including our pending extension, our extension
23 into Raintree Village , and one to the south --
24 south below our proposed park site .
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37
1 The entrance , we ' re trying to
2 establish a very rich aesthetic entrance into the
3 community . That , in combination with our
4 retention, we are establishing water features and
5 a significant amount of open space , and then
6 we ' ve also sited our entrance in the development
7 along our proposed park in order to enhance the
8 experience of entering into the community .
9 It enters along the park and
10 terminates at a central corridor of open space ,
11 which we have provided a trail connection
12 through, and also access to the park .
13 The park has been a big issue .
14 We ' ve talked with the park board . It ' s sited
15 where it is because of requests from the City .
16 This is getting back to the City ' s plan of
17 hopefully possibly putting a school site in the
18 piece of land adjacent to us .
19 When we spoke with the City
20 originally, it was their intention to locate a
21 site , school site, there , with the hopes of
22 sharing a school park site with our property .
23 It ' s our client ' s intention to
24 provide all the park land dedication and land,
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38
1 and then we could have one large central park
2 that was adjacent to the school site .
3 However , if the school site
4 does not go forward, and after conversation with
5 the park board, the park board expressed
6 possibly interest in only half the land
7 requirement, so then our client is open to
8 discussion on whether to reduce that park site to
9 simply six acres and pay the remainder in cash,
10 the school site goes away, and also we can meet
I1 with Staff to agree on the best location for
12 that -- that park site .
13 At this point I ' ll turn it back
14 over to Jason to answer any questions you may
15 have or comments . Thank you .
16 MR . POPPEN : Well , that really is
17 our presentation at this point . I would just ask
18 for consideration, and I am certainly open for
19 any questions . We are certainly well armed with
20 people here to answer any questions .
21 CHAIRMAN LINDBLOM : At this point ,
22 Jason, I ' m going to ask for other testimony in
23 the hearing, then once we go out of public
24 hearing, we ' ll probably have some questions for
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39
1 you . Okay .
2 Who else? Mary, do you wish to
3 address ?
4 WHEREUPON :
5 MARY BLOCK,
6 having been first duly sworn, testified before
7 the Plan Commission as follows :
8 MS . BLOCK : Yes . As most of you
9 know, my name is Mary Block and I represent Sunny
10 Valley Farm.
11 I ' d like to confirm that I have
12 been working with these folks and my friend,
13 Jason, in particular, to try and work things out ,
14 but there are issues that I wish you would
15 consider, and again I ' m going to reiterate them.
16 We have , as he said, off of
17 Route 126 easement whatever you want to call it ,
18 that is good so long as we are pulling out of
19 here . Now, I am just reiterating that what he
20 says is what we ' re trying to get .
21 This is a death trap both for
22 my people trying to get to it on 126 , Harvestors ,
23 et cetera , et cetera, Harvestors , and people
24 coming here God only knows how fast .
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40
1 This is bad news . It ' s either
2 going to kill some pedestrian, some driver, or my
3 people , and I ' m particularly interested in mine,
4 thank you very much .
5 Since we have this , I have
6 suggested that we get an easement to get to our
7 property off of Ashley, but that would also mean
8 berms , fences , and planting, because we are still
9 going to be farming this , and all these people
10 here, we don ' t want them getting under a big
11 machine , you don ' t want children coming in . It
12 just takes one naughty child .
13 Now, all this business , to tell
14 you the truth, I have no idea where it is , I have
15 no idea , but why are we doing this ? They talk
16 about -- they ' ve talked to the City . Who at the
17 City? The engineering department? Who? What is
18 this ? I don ' t get it . Anybody have an answer?
19 CHAIRMAN LINDBLOM : Mike?
20 MR . SCHOPPE : Well , I think the
21 question is , Jason, when you are referring to the
22 City, she is asking who in the City have you been
23 talking to .
24 MR. POPPEN : Right . Well , we ' ve had
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41
1 meetings with Tony Graff, the City administrator,
2 we have met with Mike Schoppe, we have met with
3 the engineering folks as well, Staff, for
4 review .
5 Penman Road is really -- and
6 this is -- this road here is what Mary is talking
7 about . Penman Road shows up in the City ' s
8 long-range transportation plan and that -- it was
9 initially in Raintree , when Raintree developed is
10 where Penman was supposed to course through;
11 however , with the development there , the city
12 asked us to consider putting a stub in for the
13 future into this development , which we didn ' t
14 have a problem with, and we accommodated that
15 request .
16 Penman is a long-term
17 transportation plan that ' s identified in the
18 City ' s long-term transportation plan .
19 MS . BLOCK : I just don ' t want
20 somebody to say it ' s done and I have nothing to
21 say about it . I mean, I have no objection to the
22 stub, I realize you are trying to schmooz me to
23 get this done , so they have an entrance here and
24 an entrance here , but I don ' t want my land or our
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1 land, I should say, at some point for it just to
2 run through here , so I think that ' s an issue .
3 And I ' d also like to know what
4 the City ' s ordinance is on dogs . Two dogs can
5 form a pack . They can get across the road and
6 kill my calves . My calves can be anywhere from
7 twenty to $50 , 000 . It isn ' t the money . The
8 genetics are gone if they kill a calf . So that I
9 think is very important for us to get to .
10 And, as I say, I am willing to
11 work with Jason and the Stewarts, but these
12 issues have to be addressed.
13 CHAIRMAN LINDBLOM : Okay . Is there
14 somebody else in the audience then? Yes , sir .
15 WHEREUPON :
16 DAVE BAUM,
17 having been first duly sworn, testified before
18 the Plan Commission as follows :
19 MR . BAUM : My name is Dave Baum and
20 I ' m the one who lives right in that little
21 peacracker of a farm right there . I agree with
22 Mary about the hazards on Route 126 . Route 126
23 is a dangerous road now . Traffic is getting
24 worse and worse and worse as time goes on .
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1 I ' d think some extreme
2 consideration should be made and thought
3 carefully about where they place the entrances to
4 this subdivision, because I agree with her , there
5 is farm equipment up and down that road, and
6 you ' re going to be talking about children playing
7 near that road as well .
8 Now, my questions to you , what
9 kind of provisions are being made or what kind of
10 easements are around my little piece of property
11 there? I see there is going to be homes right up
12 to me, to the south, to the east , and a little
13 bit to the west .
14 MR . LUNDQUIST : At this point , there
15 are none .
16 MR . BAUM : So they go right up to
17 the line?
18 MR . POPPEN : Correct .
19 MR . BAUM : So there has been no
20 thought about me sitting there?
21 MR . POPPEN : Well , the easements --
22 MR . BAUM : I know you have
23 considered obviously in conversations with Mary
24 about her concerns , but not one concern has been
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1 brought to us , and we ' re right in the middle of
2 the project .
3 MR . POPPEN : The easement issue with
4 the Block farm is for -- to be able to access
5 their farm.
6 MR . BAUM : Absolutely .
7 MR . POPPEN : The point of having an
8 easement considered at this point for your
9 property, you have access off of 126, no
10 consideration to us at this point .
11 MR . BAUM : Okay . Well , I have
12 horses , I have a German shepherd breeding
13 business , and also it ' s of concern about safety
14 with kids coming on my property as well .
15 I would just like to keep that
16 in consideration, and the traffic is a major ,
17 major point as to how you entrance this project .
18 That ' s it .
19 CHAIRMAN LINDBLOM : I ' d like to
20 clarify a point , if I might . Okay . Just so
21 we ' re all on the same page, this is for
22 annexation and zoning, this not a preliminary
23 plan .
24 MR . POPPEN : Correct .
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1 CHAIRMAN LINDBLOM : Okay . So these
2 issues of buffers , easements , all that gets
3 reviewed by staff, and then it comes back before
4 this group . Okay .
5 Is there other comments from
6 the public?
7 (No response )
8 CHAIRMAN LINDBLOM : Okay .
9 MS . BLOCK : I ' d like to ask one more
10 question .
11 CHAIRMAN LINDBLOM : Yes .
12 MS . BLOCK : Why would the Park
13 District want less green space? I ' ve never heard
14 of that .
15 CHAIRMAN LINDBLOM : I ' m sorry, I
16 didn ' t hear the question .
17 MS . BLOCK : Why would the Park
18 District want to have less green space?
19 MR . POPPEN : I can answer that if
20 you want . We went to the Park Board committee , I
21 forget the date it was , but when they were
22 considering the open space that we had on the
23 property there, they were looking and they were
24 recommending that we reduce it down to five to
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1 six acres .
2 MS . BLOCK : That ' s my home , five
3 acres . That ' s nothing .
4 MR . POPPEN : They were saying in
5 lieu of the land donation that they would like
6 the cash to provide the infrastructure for a park
7 or something such as that .
8 Now, they were unaware of some
9 of the discussion with the city about a potential
10 future school site or combining that property
11 with a school site , so their recommendation was
12 actually to reduce the size and actually move --
13 move the park down to the south corner of the
14 property .
15 MS . BLOCK: Where am I supposed to
16 get my --
17 MR . POPPEN : Well , that was the
18 recommendation, Mary .
19 MS . BLOCK : We ' ve already got a
20 school at Raintree . How many schools do you
21 want?
22 MR. POPPEN : That ' s really not for
23 me to say.
24 MS . BLOCK : Well , it ' s for somebody
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1 to say .
2 MR. SCHILLINGER : Can I just
3 reiterate? This is strictly zoning and
4 annexation . This has nothing to do with
5 comprehensive at this moment . You all have to
6 confirm .
7 MS . BLOCK : You just have it in
8 front of the public .
9 MR . SCHILLINGER : Well , no, this
10 plan does not even have to come back as-is . This
11 plan could possibly come back as something
12 entirely different . They are here tonight
13 strictly for annexation and for zoning .
14 MS . BLOCK : Okay . All right .
15 CHAIRMAN LINDBLOM : And a number of
16 these issues that have been raised are those
17 issues that you have to recall before coming back
18 to this group .
19 MR . SCHILLINGER : I ' d like to make a
20 motion to close the public hearing on PC2004-35 .
21 CHAIRMAN LINDBLOM: Before you do
22 that -- I ' ll take a second .
23 MS . ADAMS : Second .
24 CHAIRMAN LINDBLOM : Motion is made
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1 and seconded . I would just , just for the record,
2 like to ask Mike if you have anything for the
3 public hearing part , and John Whitehouse .
4 MR . SCHOPPE : I guess maybe just to
5 clarify, the City ' s current plan that we have for
6 this , this land is being developed in your estate
7 district, and for that estate district -- in the
8 current Comprehensive Plan it calls for density
9 of zero to 1 . 5 .
10 Now, the proposed Comprehensive
11 Plan that we have been reviewing that ' s been
12 before -- it ' s had public hearings and been
13 before the Plan Commission and City Council does
14 show this area to be a different land use , and
15 that different land use is suburban, and as it
16 was entered in as part of the testimony, the
17 guidelines for the suburban have a density of up
18 to -- a recommendation for density of up to 2 . 25
19 units per acre .
20 So to clarify the existing
21 Comprehensive Plan versus the proposed
22 Comprehensive Plan, if you are looking at the
23 standard of the proposed Comprehensive Plan, the
24 request for an R-2 zoning on the property would
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1 be consistent with the Comprehensive Plan; if it
2 was being compared to the existing Comprehensive
3 Plan , an R-2 zoning would be appropriate , but
4 there would need to be some caveats to restrict
5 the density because the standards in the R-2 do
6 allow very easily for densities above 1 . 5 .
7 CHAIRMAN LINDBLOM : Okay . John, do
8 you want to have any comments?
9 MR . WHITEHOUSE : Just briefly
10 because it was brought up regarding Illinois 126 .
11 It is a state route . They will require a permit
12 from the State of Illinois to prove adequate
13 sight distances at that proposed intersection ,
14 and I am assuming the state will require , as they
15 have in all others , turn lane improvements ,
16 probably a right turn lane into this , as well as
17 left turn lanes for 126 .
18 I would on the City ' s
19 behalf -- because they are also proposing an
20 access to Ashley Road, that the improvement to
21 126 also include turn lane improvements at Ashley
22 Road on 126 , so we can communicate that with the
23 state or through our staff comments , but because
24 this is adding -- going to add significant
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1 traffic also at that intersection, that that
2 should be considered as well .
3 CHAIRMAN LINDBLOM : Okay . The
4 motion has been made and seconded to close the
5 public hearing . Is there any further discussion?
6 (No Response )
7 CHAIRMAN LINDBLOM : Hearing none,
8 those in favor signify by saying aye .
9 (A Chorus of Ayes )
10 CHAIRMAN LINDBLOM : Opposed?
11 (No Response )
12 CHAIRMAN LINDBLOM: The public
13 hearing is closed.
14 (WHEREUPON ,
15 proceedings were had
16 which were not
17 reported . )
18 CHAIRMAN LINDBLOM : At this time I ' d
19 like to have a motion to go to public hearing for
20 items 1 , 3 and 4 .
21 MS . ADAMS : So moved .
22 MR . JONES : Seconded .
23 CHAIRMAN LINDBLOM : Moved and
24 seconded to go into public hearing for items 1 , 3
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1 and 4 . Those in favor signify by saying aye .
2 (A Chorus of Ayes )
3 CHAIRMAN LINDBLOM : Opposed?
4 (No Response )
5 CHAIRMAN LINDBLOM : Motion passes .
6 Okay . For anybody that wishes to address the
7 Commission for PC2004 -06, that ' s Centex Homes ,
8 PC2004-32 , River Oaks Property Development , or
9 PC2004-33 , Midwest Development , LLC, petitioner,
10 anybody wishing to address the Commission on
11 those three items , please stand and take the
12 oath .
13 (Witnesses sworn )
14 CHAIRMAN LINDBLOM : The first item,
15 Centex Homes , petitioner, has filed an
16 application for rezoning, and R-3 and R-4 zoning,
17 and consists of 450 . 34 acres .
18 And who is speaking for the
19 petitioner? Before you start on that , could I
20 just put up a hand for Commission members some of
21 the maps for what was approved earlier, and then
22 I will just pass these out , because there is some
23 changes on here and I ' d like -- at some point in
24 time we will compare them with those .
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1 MR . FEINSTEIN : We actually have
2 both of them. Okay .
3 WHEREUPON :
4 FRED FEINSTEIN,
5 spoke before the Plan Commission as follows :
6 CHAIRMAN LINDBLOM : Fred, I think
7 this might be easier for everyone to understand,
8 rather than talk about this piecemeal , let ' s just
9 talk about this as if this was all new . Can we
10 do that?
11 MR. FEINSTEIN : You bet .
12 CHAIRMAN LINDBLOM : I think it might
13 simplify things .
14 MR. FEINSTEIN : My name is Fred
15 Feinstein . I am an attorney with the firm of
16 McDermott, Will & Emery, and I was before you on
17 this particular matter on September 8th .
18 Again, for the record,
19 Mr . Chairman, I did not take the oath , I will not
20 be offering testimony this evening , I am here as
21 an advocate representing the client , and we have
22 witnesses who were there .
23 I have submitted to the
24 chairman the professional resumes of two of the
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1 professionals ; they may or may not offer
2 testimony . If they do, they have no interest in
3 this project other than their professional fees ,
4 and qualify as experts if called to testify .
5 Standing to my immediate left ,
6 to your right, is Kevin Stough of Centex Homes ,
7 who appeared before you in September in
8 connection with this project , and he will be
9 offering testimony this evening .
10 For the record, there was a
11 hearing on this particular parcel or a portion of
12 these parcels on September 8th, 2004 .
13 I would ask the commission, all
14 of whom but one who were present at that time , to
15 take notice of that particular hearing minutes ,
16 and we would like those incorporated in this
17 record; however, Mr . Chairman, as you requested
18 and as we are prepared to do , we will be treating
19 this evening as a review of the entire process
20 and offering testimony with respect to the extent
21 that there may be issues that we will testify to
22 for the public hearing that are available to the
23 public, and the commissioners that were here that
24 evening and the new commissioner, I have a copy
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1 of the transcript here should reference be
2 necessary .
3 With that I ' ll ask Kevin Stough
4 to offer his testimony . He is under oath and he
5 will walk through the project .
6 Before I do that , I just
7 realized for the record again that the material
8 that you were handed by the chairman dated
9 June 2 , 2004 , the conceptual plan, was not the
10 same plan that you heard in September .
11 That board is on the easel and
12 we have yet an additional plan this evening, so
13 this was an earlier draft of the plan that you
14 saw in September , and that September plan as you
15 will hear in a moment or two has been changed as
16 well , and Kevin will walk you through that as
17 well .
18 WHEREUPON :
19 KEVIN STOUGH,
20 having been first duly sworn, was examined upon
21 oral interrogatories and testified as follows :
22 MR . STOUGH : Actually that plan that
23 you have, we were before the Plan Commission and
24 the City Council in June and July with that
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1 concept plan .
2 From that concept plan we came
3 in with the plan on your left back in September
4 for our annexation, zoning, and in this case our
5 PUD site plan, so that ' s the difference between
6 what you have before you, and then what you don ' t
7 have before you is the plan on the left , and then
8 the plan on the right is the new plan that
9 incorporates changes and additional land that we
10 have -- we have assembled for this -- this
11 community .
12 Centex Homes has been building
13 in the Illinois division for about 50 years . We
14 are a national home builder . We are usually
15 ranked one , two, through five in the number of
16 homes built nationally .
17 Locally we are also in the top
18 tier as far as the number of homes constructed .
19 We are very excited about the opportunity to
20 build a large master plan community in
21 Yorkville .
22 I referenced the concept plan
23 that you have before you, was before you also in
24 June , and then went to the City Council in July .
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1 This PUD site plan was before
2 you in September and also before the City Council
3 Committee of the Whole in September .
4 Since then we have added some
5 additional land to the plan, and we ' ve also done
6 some -- I ' ll try to move over there so I can
7 point some things out . We have done some
8 rearranging of some land uses and fine tuning
9 some other aspects of the development .
10 If you recall my testimony back
11 in September , we came before the City in
12 springtime with the concept of coming in with a
13 traditional neighborhood with handling our own
14 stormwater management, school site , other land
15 uses on the property .
16 Early on the City asked us to
17 consider providing a very large open space for a
18 regional stormwater facility . We then
19 accommodated that .
20 Not too long after that point,
21 we were then asked by the City if we could also
22 look at donating extraordinary open space for
23 recreational purposes of a regional nature ; in
24 other words , there is potential for a golf
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1 course , there is potential for large numbers of
2 ball fields .
3 This is not your typical
4 neighborhood park . This is -- in this particular
5 new plan is 240 acres of open space out of the
6 total of 624 .
7 So that ' s -- that ' s some of the
8 background history of -- of how we started out
9 working with the city and how we are getting to
10 this point .
I1 The reason we are here before
12 you this evening is that we ' ve added 40 acres of
13 land along Route 47 and we ' ve also added two
14 acres of the Bertram farmstead to our land plan .
15 The other -- well , the land
16 uses that are different from this new plan from
17 the old plan is that given we ' ve got some land
18 along Route 47 , we have added a commercial
19 component to our land plan, we now have a major
20 intersection with Route 47 , it ' s going to be our
21 neighborhood -- grand entrance into our
22 neighborhood and also access to the commercial .
23 Also some land use addition is
24 that we have a fire station site on the property
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1 that we didn ' t have before . The -- Also the
2 Bertram farmstead is located where this A-1 is on
3 this map, and instead of simply going out there
4 and removing the farmhouse and removing the many
5 barns , some of -- a couple of which are quite
6 old, we are going to keep the farmstead in place ,
7 understanding that there is some language in your
8 proposed Comprehensive Master Plan for the south
9 area of town that wants to keep some of these
10 rural characters or rural components in place,
11 and so we are going to keep that farmstead in
12 place . It ' s not going to be demolished as part
13 of our -- as part of our development .
14 The other changes to the land
15 use in this particular plan is that we are now
16 proposing a duplex neighborhood at the southwest
17 corner of Cannonball Trail and Galena, and by
18 doing that, we ' ve also incorporated additional
19 open space into the overall open space .
20 With the old plan we had 233
21 acres of open space ; with the new plan we have a
22 total of almost 241 acres of open space .
23 Assembling these additional
24 lands , we now have a total of 624 acres . The
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1 zoning that we are asking for this master plan
2 community is again B-3 for the commercial , R-2
3 PUD for the single family, R-2 PUD for the
4 duplexes , R-3 PUD for the townhomes , and R-4 PUD
5 for the condominiums .
6 We are also going to keep the
7 agricultural zoning category for the -- for the
8 2 . 2 acre farmstead . Again, wanted -- in keeping
9 with the existing nature of that farmstead, we
10 want to keep the zoning in place also .
11 Just as an update of the
12 surrounding land uses that are there now, it ' s
13 fairly simple . We are at this point surrounded
14 by farmland . To the south we do have some larger
15 lots that actually front on Corneils that have
16 some larger lots and homestead on there , but , in
17 essence , this neighborhood is surrounded by farm
18 land .
19 Also recall that the proposed
20 community does not -- what we ' re asking for this
21 evening has not incorporated any changes to the
22 Northgate commercial, also it does not
23 incorporate any changes to the Lacom commercial
24 at Galena and Cannonball Trail .
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1 The proposed land uses that we
2 are aware of at this point , as we know, there is
3 a company called Saratoga Homes that are going
4 through the approval process in Montgomery for
5 the north side of Galena and west side of Dixon .
6 You don ' t have it in your plan;
7 however, in our plan here , we ' ve superimposed
8 their neighborhood . They are proposing some
9 townhomes along Galena, and then the remaining is
10 single-family, the west side is some open space
11 adjacent to our open space .
12 I ' m not exactly sure what they
13 are going to do with the old farmstead there ,
14 whether that ' s going to be kept as-is or whether
15 they are going to have that become commercial ,
16 but as we all know, Cannonball Trail is going to
17 incur a link with Dixon Road, and at the other
18 corners of Dixon, it ' s my understanding there is
19 going to be commercial components at the
20 northeast corner of Dixon, what is now Dixon and
21 Galena , and then as we know the Lacom property
22 has commercial at the southeast corner .
23 As far as other proposed land
24 uses , Oakland Land has their master plan
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1 community at the southwest corner of Galena and
2 47 .
3 We are hearing lots of
4 discussion about other developers moving forward
5 with other land uses , but at this point I
6 understand there is nothing that has come in for
7 review by the City .
8 The concept of providing the
9 substantial amount of open space that we ' re doing
10 in the middle and southern portions of the
11 property bodes well for what we call a
12 conservation clustering type of development .
13 In other words , you provide
14 large amounts of open space , but then you cluster
15 your land uses and your -- you cluster your land
16 uses in the other areas , and the positive thing
17 about doing a clustering-type development , it
18 makes that neighborhood or community more
19 walkable .
20 If you think about it , if we ' re
21 clustering all of our residential in this area
22 and we are clustering all of our residential in
23 this area, we are able to walk to the amenities
24 in the neighborhood easier than if we built
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1 single-family and the other residential land uses
2 throughout the whole -- the whole development, so
3 what we have proposed is the park, neighborhood
4 parks are located on the main north/south
5 collector, all of which we ' re locating such that
6 people have about a quarter mile walk to one of
7 the neighborhood parks .
8 Even though the school , the
9 elementary school site , is on the far north side
10 of the development , it ' s strategically located
11 there because as the property around it develops ,
12 it ' s going to be a true neighborhood park not
13 only for our neighborhood, but also the
14 neighborhoods that are going to surround it , so
15 there is going to be a substantial number of kids
16 that are going to be able to walk to that school
17 facility when it ' s ultimately built and the --
18 and the community is built out -- going back to
19 the open space, the plan for the open space is
20 the city is intending that the stormwater
21 facility is going to be a regional stormwater
22 facility; in other words , it ' s providing
23 stormwater management not only for our
24 development , but it ' s going to provide stormwater
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1 management for up to 1900 acres in the immediate
2 area .
3 What that means is that as you
4 look at our developed portion of our land plan,
5 we don ' t have individual stormwater ponds
6 throughout our development , it ' s all going to be
7 located in the far southern end, so the
8 neighborhoods to our north and to our east , some
9 properties to our west and south, are going to be
10 able to send their storm water to this regional
11 stormwater facility .
12 The positive thing about doing
13 that is it opens up more commercial land and more
14 usable commercial land because those commercial
15 properties -- namely, the Northgate Shopping
16 Center , Lacom Shopping Center, anything that ' s
17 done at the southeast corner of Galena and 47 ,
18 and even anything that happens further north on
19 47 and potentially all the way up to 30 , can send
20 their stormwater to the regional facility and not
21 have to use valuable commercial land for their
22 stormwater management .
23 The other regional benefit of
24 having a substantial amount of open space is that
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1 it ' s not there just for our neighborhood; it ' s
2 going to be there for the residents of Yorkville .
3 If it becomes a golf course , it
4 will be open to the residents and open to a
5 larger population; if it ' s a number of ball
6 fields , the ball fields will be there to provide
7 recreation space for teams throughout the
8 community .
9 So the village , or the city, in
10 their wisdom has asked for this open space and
11 we ' ve been able to work with them to provide it .
12 The other I want to say
13 recreational use that we are proposing on the
14 site is of a private nature . We are going to
15 have what ' s called an amenities center located
16 near the entrance of our neighborhood .
17 The amenities center will have
18 a clubhouse , a pool , tennis courts , basketball
19 courts , sand volleyball , parking lots . The
20 clubhouse will have a work-out facility . The
21 clubhouse will measure about 6 , 000 square feet ,
22 so it ' s there for the use of all the residents of
23 our neighborhood, it ' s not a membership-based
24 clubhouse and facility .
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1 If you live in the
2 neighborhood, you ' re going to have access to the
3 pool and the other -- other uses on the site .
4 From a transportation
5 standpoint , given the fact that Galena ,
6 Cannonball and 47 are already in existence , we
7 are also providing a north/south collector
8 through our neighborhood, we are providing an
9 east/west collector through our neighborhood,
10 there ' s going to be , of course , the residential
11 streets that are within our smaller
12 subneighborhoods .
13 There is going to be a trail
14 system throughout the neighborhood, the south
15 side of Galena through the middle of our
16 neighborhood on the north/south collector , on the
17 east/west collector going by the school site , so
18 there is opportunities for kids to bike to school
19 that might be a little further away than would be
20 comfortable in walking to school .
21 CHAIRMAN LINDBLOM : Kevin?
22 MR . STOUGH : Yes . Sorry . Actually
23 I just want to mention besides the regional
24 benefits of the open space, we are going to
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1 participate in the -- in a sanitary sewer
2 intercepter system that is going to bring
3 sanitary sewer up to this part of the community,
4 not only for us , but it ' s going to be a regional
5 benefit for the commercial and other -- other
6 developments around here , and at that point , I --
7 MR . FEINSTEIN : Kevin, let me ask
8 you a few questions . Would you give us the
9 dimensions of the property? I mean, 600 acres is
10 a lot of land .
11 MR . STOUGH : Sure . Whether you look
12 at this small plan or you look at the 11-by-17 on
13 your -- in front of you, this property measures
14 about a mile and a half on the east/west and
15 about a mile and a half running north/south, so
16 even on a plan format, and looking at it from a
17 thousand feet above, you don ' t get that
18 perspective, but if you go out there and drive ,
19 it is a substantial property .
20 MR . FEINSTEIN : How does this plan
21 relate to the Comprehensive Plan of the City of
22 Yorkville?
23 MR . STOUGH : The City has in their
24 Comprehensive Plan a transition neighborhood,
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1 which is in roughly the western half of our
2 property, they have a suburban neighborhood in
3 the eastern portion of our property .
4 We incorporate those components
5 into our land plan, and the substantial amount of
6 open space provides for -- actually let me jump
7 in real quick, the density actually dropped a
8 little bit from what we proposed back in
9 September compared to the new plan .
10 So in our opinion, with the
11 transportation system proposed, we are in keeping
12 with the Comprehensive Plan .
13 MR . FEINSTEIN : Do you have an
14 opinion as to whether or not this development
15 would have a material adverse impact on any of
16 the surrounding neighborhoods?
17 MR . STOUGH : No . Again, given that
18 we are connecting to those surrounding
19 neighborhoods with streets , and also the land
20 uses that we are proposing, the substantial
21 amount of the land use that ' s abutting the
22 property is the open space, so we will not have
23 any adverse impacts on the adjacent properties .
24 MR . FEINSTEIN : Would you again
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1 identify those portions of the property that are
2 currently annexed to the City of Yorkville?
3 MR. STOUGH : Yes . The future
4 Northgate Shopping Center and probably about half
5 of the adjacent condominium and townhome
6 neighborhood is part of the Northgate
7 residential , which is already annexed and zoned
8 in the city, and then the Lacom property is not
9 annexed and zoned; however, there is an
10 annexation agreement in place for that
11 property .
12 Our land plan differs from
13 theirs because we have more than half of the
14 property in open space , whereas they, in their
15 land plan, showed residential over the entire
16 property .
17 MR . FEINSTEIN : Does the creation of
18 a new parcel in Lacom that ' s a duplex parcel ,
19 would you describe for the community what has
20 occurred in that area and what type of product --
21 MR . STOUGH : Sure .
22 MR . FEINSTEIN : -- type of product
23 the duplex might be?
24 MR . STOUGH : Sure . If you look at
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1 the old plan, the single family neighborhood took
2 up a larger land area than what we are proposing
3 with the duplex .
4 We wanted to provide a
5 different product line in this neighborhood .
6 Even though it ' s a duplex use, one unit of the
7 duplex is 2 , 000 square feet , the other unit of
8 the duplex is 2 , 200 square feet , which is square
9 footages that are larger than some of our single
10 family that we are going to be offering in this
11 neighborhood, and all of those duplex units will
12 have that square footage . It ' s also a first
13 floor master duplex unit , and so -- There is a
14 path system surrounding the whole neighborhood .
15 We are going to market this product for people
16 who want to live in a first floor living
17 environment .
18 Might be -- Might be older
19 folks , it might be just anybody who -- who
20 doesn ' t want to necessarily have their bedroom up
21 on the second floor and other uses up on the
22 second floor .
23 MR . FEINSTEIN : And how does that
24 product relate to the area that you are at ,
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1 including the products that are going to be built
2 across the street?
3 MR . STOUGH : The Saratoga Homes
4 development that ' s being approved -- in the
5 process of being approved in Montgomery, we are
6 directly across the street from their townhomes ,
7 and again, we are across the street from the
8 farmstead . I 'm sorry, I don ' t know if that ' s
9 going to remain a farmstead or go commercial .
10 When we looked at this and
11 thought , you know, what land use would fit in
12 this area, this is another location where we have
13 a north/south collector and an east/west
14 collector .
15 It ' s kind of a cluster of
16 commercial , and in our thought, with them doing
17 townhomes and us doing townhomes in the southeast
18 corner , that it made sense to do a little higher
19 density use clustering in that area .
20 MR. FEINSTEIN : And would you
21 describe the differential in the school site from
22 the plan that was submitted in September?
23 MR. STOUGH : Yes . The site is now
24 15 acres . The original , or the previous plan,
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1 had 19 acres . We received feedback that the old
2 plan, which they were proposing an elementary and
3 middle school site , now our site is only going to
4 be an elementary school site , that the middle
5 school is going to go -- potentially go on a
6 nearby site , so the site is no longer looked at
7 as a campus of an elementary school and a middle
8 school .
9 CHAIRMAN LINDBLOM : Kevin and Fred,
10 I don ' t mean to cut you short . We ' ve seen 90
11 percent of this before and I think we ' ve got a
12 pretty good feel for what ' s new and different .
13 What I ' d be more interested in
14 right now is I ' d like to hear if there is public
15 comments on this .
16 MR . FEINSTEIN : Thank you .
17 CHAIRMAN LINDBLOM : We ' ve got a long
18 night ahead of us .
19 MR . FEINSTEIN : You bet .
20 CHAIRMAN LINDBLOM : Is there some
21 other comments to be made from the City -- or
22 from the public? I ' m sorry .
23 (No response )
24 CHAIRMAN LINDBLOM : Okay .
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1 Hearing --
2 MR. ALLEN : I have one question .
3 CHAIRMAN LINDBLOM : Yes , sir . Can
4 you please state your name?
5 WHEREUPON :
6 DERVIN ALLEN,
7 having been first duly sworn, testified before
8 the Plan Commission as follows :
9 MR . ALLEN : Dervin Allen . I heard
10 him mention a clubhouse and stuff . Is there a
11 homeowner ' s association that ' s going to be
12 attached to that?
13 MR . STOUGH : Yes .
14 CHAIRMAN LINDBLOM: Any further
15 questions , items ?
16 MR. FEINSTEIN : In order to make the
17 legal record again, will you incorporate the
18 transcript of the preceding hearing?
19 CHAIRMAN LINDBLOM : Yes , sir .
20 MR . FEINSTEIN : Thank you, sir .
21 CHAIRMAN LINDBLOM : Okay . With that
22 then, I ' m going to close that portion of the
23 public hearing for PC2004 -06 .
24 We are now going to go to
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1 PC2004-32 , River Oaks Property Development , LLC,
2 Melissa A . May and Cheryl A . Lee , petitioners ,
3 have filed an application with the United City of
4 Yorkville, Kendall County, Illinois , requesting
5 rezoning from United City of Yorkville R-1
6 One-Family Residence District to United City of
7 Yorkville B-2 General Business District .
8 The real property consists of
9 approximately 3 . 43 -- 3 . 473 acres and is located
10 on Van Emmon Road east of Mill Street , west of
11 Woodland Drive , and south of Van Emmon Park in
12 the United City of Yorkville , Kendall County,
13 Illinois .
14 And speaking for the petitioner
15 is ?
16 WHEREUPON :
17 MELISSA MAY,
18 having been first duly sworn, testified before
19 the Plan Commission as follows :
20 MS . MAY : Good evening . My name is
21 Melissa May . I am here on behalf of River Oaks
22 Property Development . My partner , Cheryl Lee , is
23 unfortunately at the builder ' s conference this
24 evening, so if you have specific questions
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1 regarding building, you are going to have to put
2 this off until she is going to be available to
3 answer these questions .
4 We are here tonight -- I ' m
5 obviously the shortest one here tonight , so I
6 apologize , and I ' ll try to make this as brief as
7 possible .
8 We are here tonight on a
9 rezoning issue . We ' ve got two parcels of land on
10 Van Emmon directly across from the ballpark .
11 These are two very heavily wooded lots , and we
12 have available -- I didn ' t realize that we were
13 going to have quite a few people tonight , so if
14 anybody wants to come and see copies of what our
15 plan is going to look like, we ' ve actually got
16 comprehensive plans that are preliminary
17 comprehensive plans . I think that my assistant ,
18 Laurie , has some available to pass out if people
19 want to look at it .
20 I think the most important
21 thing to think about what we want to do with this
22 property, we are looking to zone it B-3 for a
23 particular reason .
24 Our original plan was we were
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1 intending to create an office park or an office
2 building, a professional center, in this property
3 that we could maintain as much of the natural
4 topography and as much of the wooded aspect of
5 this property as we could .
6 We felt like this property
7 would be ideal for a work environment , we don ' t
8 want to go in and take down any of the trees . We
9 want to keep as many of the trees as possible .
10 We would like to create some
11 amenities to create a professional environment ,
12 people feel comfortable in having a professional
13 work environment here .
14 Again, we have designed our
15 building around the land . We have gone in and
16 done our tree count , ascertained how many trees
17 are available on the property .
18 Several of the trees are
19 significant in size , they are over twenty inches
20 in diameter . It ' s our intention to keep as many
21 of those trees in place as possible , and we ' ve
22 designed the building actually to go around that
23 property .
24 The property is located in an
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1 area that is multi-zoned . We ' ve got
2 manufacturing on Van Emmon, we ' ve got residential
3 on Van Emmon, and we ' ve got business on Van
4 Emmon, as well as the park directly across from
5 Van Emmon .
6 What we are looking to do is
7 incorporate a professional building into this
8 property . We felt a professional building would
9 be important because it would not directly have a
10 negative impact on traffic .
11 We are looking for tenants to
12 be , for example , accountants , insurance agents ,
13 attorneys , that type of professional environment
14 where we wouldn ' t see any significant increase in
15 the amount of traffic that would go up and down
16 Van Emmon Road .
17 We are looking to be zoned B-3 .
18 We originally considered office zoning, but we
19 decided to go B-3 because we actually had some
20 people express an interest in having an art
21 gallery or an art type of facility on the first
22 floor of this building, and I think if you look
23 at the design of the building itself , it ' s kept a
24 residential feel to it , so it will blend very
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1 nicely with the surrounding community .
2 And I know that everybody is
3 tired and it ' s late and I ' ll keep this as brief
4 as possible and would be happy just to entertain
5 questions .
6 CHAIRMAN LINDBLOM: I guess I am a
7 little confused in your application . You are
8 asking for B-2 .
9 MS . MAY : I ' m sorry . You are
10 correct . It is B-2 .
11 CHAIRMAN LINDBLOOM : So it is B-2 .
12 MS . MAY : I ' m sorry, it ' s late .
13 CHAIRMAN LINDBLOM: Okay . Are there
14 other public comments at this time?
15 MR . SELKIN : Yes , I have a few .
16 CHAIRMAN LINDBLOM : Excuse me , sir .
17 Could I get your name , please, for the record?
18 WHEREUPON :
19 GARY SELKIN,
20 having been first duly sworn, testified before
21 the Plan Commission as follows :
22 MR . SELKIN : I ' m sorry . Gary
23 Selkin . Is this the lot that ' s already partially
24 clear cut already?
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1 MS . MAY : No . These are the lots
2 that have all the trees on them. We haven ' t done
3 any clearing . Somebody to the east of that .
4 MR . SELKIN : Okay . Thank you .
5 CHAIRMAN LINDBLOM : Other questions ?
6 MR. PERMASTER : Yes , I have a few .
7 CHAIRMAN LINDBLOM : Your name ,
8 please?
9 WHEREUPON :
10 BRUCE PERMASTER,
11 having been first duly sworn, testified before
12 the Plan Commission as follows:
13 MR . PERMASTER : Bruce Permaster . I
14 am the adjacent property owner . --
15 MS . MAY : Yes .
16 MR . PERMASTER : The plan that you
17 have passed out , this is only for two parcels ,
18 this is only one . How about the other one?
19 MS . MAY : Correct . The other one we
20 are looking to rezone . A change that we might
21 consider, putting a second building on there .
22 We haven ' t gotten to that point
23 yet , we don ' t know whether we are going to do it .
24 We are looking at -- right now we ' ve got two
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1 parcels , each of which is slightly over one and a
2 half acres , and so we are looking at only doing
3 one of these buildings right now .
4 The other land currently is
5 vacant . We haven ' t decided yet whether we would
6 build like a Phase II similar to this or not .
7 MR . PERMASTER : Does it make sense
8 then to rezone both of them now not knowing what
9 might come about on the second?
10 CHAIRMAN LINDBLOM: The petitioner
11 is asking for the one .
12 MS . MAY : No, actually we are asking
13 for both parcels .
14 MR . PERMASTER : The paper says two .
15 CHAIRMAN LINDBLOM : You are asking
16 for both .
17 MS . MAY : Two lots adjacent , yes .
18 CHAIRMAN LINDBLOM : Oh , two lots ,
19 yes .
20 MR . SCHILLINGER : Would it be --
21 Would it be -- Personally I like the plan .
22 MS . MAY : Thank you . We are very
23 proud of it .
24 MR . SCHILLINGER : I live very close
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1 to this , I think it ' s an asset compared to what
2 could go there . If it goes the way it ' s laid
3 out , beautiful .
4 The only thing that scares me
5 is that you are asking for office zoning -- No,
6 you ' re not asking for office zoning . You ' re
7 showing office , but you are asking for business
8 zoning .
9 MS . MAY : Correct .
10 MR . SCHILLINGER : Would it be
11 possible to ask for office zoning with a special
12 use purpose for business?
13 MS . MAY : We would consider doing
14 that as well because our -- the only reason we
15 wanted to expand it into the B-2 zoning was we
16 had been approached by somebody who might have
17 been interested in putting an art gallery in
18 there, which we thought would be a great asset
19 from an office perspective .
20 MR . SCHILLINGER : And given the area
21 that it ' s in, an art gallery to me would be fine ,
22 but a convenience store just simply wouldn ' t .
23 MS . MAY : Agreed . Agreed . And that
24 is --
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1 MR . SCHILLINGER : That ' s why I would
2 suggest possibly special use as opposed to a
3 straight .
4 CHAIRMAN LINDBLOM : Let ' s go back to
5 this when we discuss the hearing . Is there
6 any -- Any other comments ?
7 MR . PERMASTER : Yeah . I had some
8 questions , particularly when it comes to assuming
9 that you are going to extend the water and
10 sewer --
11 MS . MAY : Correct .
12 MR . PERMASTER : -- for this
13 building . Is that water and sewer going to be
14 extended to both lots or just one ?
15 MS . MAY : We haven ' t gotten to that
16 point in our planning, but we probably would
17 extend it to both .
18 MR . PERMASTER : Well , in that case
19 it would cross a piece of my property, and I
20 would need to have an understanding whether or
21 not the existing owners which own property that
22 the sewer must cross would be subject to bearing
23 the cost of that to cross their property .
24 MS . MAY : At this point in time we
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1 don ' t have any intention of having that be a cost
2 with the current property owner, and I understand
3 that that ' s the driveway that you have that ' s
4 between the two lots , correct?
5 MR . PERMASTER : Yes .
6 MS . MAY : Okay . Well , we wouldn ' t
7 consider that being a cost of yours .
8 MR . PERMASTER : How about , speaking
9 for somebody who isn ' t here, where the sewer ends
10 now and the water is now to where your property
11 begins ?
12 MS . MAY : Well , actually, at the
13 risk of sounding like a -- one of the planned
14 unit people , that ' s beyond the scope of what
15 we ' re here to discuss tonight .
16 We ' re just here to discuss
17 whether the zoning would be appropriate or not .
18 I mean, dealing with costs for sewer and water , I
19 think that ' s further down the line as far as . . .
20 MR . PERMASTER : One other question,
21 in keeping with the zoning question, do you plan
22 to extend the city sidewalks?
23 MS . MAY : At this point in time we
24 don ' t have any plans to do that, but we don ' t
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1 know where the city sidewalks end at this time .
2 I ' m not familiar with where the
3 city sidewalks end on Van Emmon, and I ' m not even
4 sure --
5 MR. PERMASTER : They end at the
6 adjacent property right now .
7 CHAIRMAN LINDBLOM : Well , I would
8 just reiterate that what we are looking for here
9 is rezoning, not planning .
10 MR. PERMASTER : Okay .
11 MS . MAY : And if those issues came
12 up, of course we would discuss them with the city
13 and would make those accommodations if they were
14 required .
15 MR . PERMASTER : And we talked about
16 the business zoning . There is no business zoning
17 that I am aware of between the Old Second Bank
18 and this property, which is about two and a half
19 or three blocks . I ' m east, and as I recall ,
20 there ' s no business zoning between there and the
21 Old Second .
22 MR . SCHILLINGER : On that side of
23 the street .
24 MR . PERMASTER : On that side of the
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1 street . There is some small businesses , et
2 cetera , on the other side of the street , but they
3 are hit and miss .
4 CHAIRMAN LINDBLOM : Okay . Anything
5 else?
6 (No response )
7 CHAIRMAN LINDBLOM : Did I see
8 another hand back there? No, I guess -- Good
9 idea . Anybody else?
10 (No Response )
11 CHAIRMAN LINDBLOM : If not , this
12 portion of the public hearing for the PC2004-32
13 is complete . Thank you .
14 Now we have PC2004-33 , Midwest
15 Development , LLC, petitioner, has filed an
16 application with the United City of Yorkville ,
17 Kendall County, Illinois , requesting annexation
18 to the United City of Yorkville and rezoning from
19 Kendall County A-1 Agricultural to the United
20 City of Yorkville R-2 One-Family Residence
21 District .
22 The real property consists of
23 approximately 102 . 75 acres on Fox Road east of
24 High Point Road, Kendall Township, Kendall
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1 County, Illinois .
2 And who is available for the
3 petitioner?
4 (No response )
5 CHAIRMAN LINDBLOM : Okay .
6 (No Response )
7 CHAIRMAN LINDBLOM: I ' m sorry,
8 apparently there is nobody here for petitioner
9 tonight , but this is a public hearing and
10 obviously a lot of you are here , I assume this is
11 what it ' s for, and I would open this up now for
12 any comments that you wish to make .
13 Again, the same rules apply .
14 Stand and be recognized, state your name, and
15 we ' ll hear your comments . Gentleman in the back .
16 Yes , sir .
17 WHEREUPON :
18 TED SCHNELLER,
19 having been first duly sworn, testified before
20 the Plan Commission as follows :
21 MR. SCHNELLER: My name is Ted
22 Schneller and I live at 33 Ford in Yorkville , and
23 I think I speak for some of the other people that
24 are here with our concerns about this
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1 development, the first of which is the density of
2 the proposed development .
3 Not only is it inconsistent
4 with the area , but it ' s inconsistent with both
5 the master plan of Yorkville and the town .
6 Everything that is west of --
7 represented in Fox now is located on one acre or
8 more , and the average size of a home in that area
9 is two acres , the average site .
10 The plan that they are calling
11 for has a density of three units per acre net ,
12 1 . 73 gross , which exceeds the master plan for
13 both the county, the city and, of course , the
14 area .
15 The biggest concern I think
16 most of us have is traffic . That development
17 conceivably would generate some 400 cars a day on
18 a road that there is already problems there .
19 I know the City at one point in
20 time was looking an extending Beecher, that was
21 shot down, so obviously the City is aware of the
22 fact that there is a problem there .
23 I went and timed the light
24 cycles at 47 and Fox, and the way the light
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1 cycles are set up now, it would take about two
2 hours to filter those cars through during morning
3 rush, which on top of what ' s there would be just
4 unimaginable .
5 I have heard that there is some
6 plans to widen Fox; that doesn ' t solve the
7 problem. If Fox was widened to six lanes , when
8 it gets to 47 , that funnel is still that big
9 around and those cars aren ' t going to go through
10 there any faster, so traffic is a real big
I1 concern .
12 There are also concerns , people
13 have brought some photographs , with regard to
14 flooding . The area does already experience
15 flooding from time to time . I don ' t know -- I
16 mean, I reviewed the plan that the Plan
17 Commission had, it called for some lakes , which I
18 don ' t know if they are detention or retention , so
19 I don ' t know how they ' re going to handle the
20 stormwater .
21 Obviously, in our opinion, a
22 lesser density, in keeping with the master plan,
23 which, as I understand it -- and this is the old
24 one , I can ' t speak to what the new one is -- is
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1 an estate neighborhood, which is a transition,
2 and I think that any development that ' s going to
3 be there should be in keeping with the estate
4 neighborhood requirement of larger home sites ,
5 but in short , I don ' t see how we can build
6 anything that ' s going to put more traffic on Fox
7 Road when we ' ve already got a problem, and there
8 is no plan to alleviate the existing problem.
9 How can we contribute to that problem?
10 CHAIRMAN LINDBLOM : Okay . I ' ve just
11 been advised that some legal notices were not
12 sent out in time . Thus , this public hearing is
13 going to have to be republished again, but I do
14 want to hear what you people have to say . You
15 have waited here tonight , you ' ve been kind enough
16 to sit through all this , and I ' d like to hear
17 what you have to say on this issue , but it is
18 going to come up again .
19 So with that being said,
20 let ' s -- Sir , go ahead . State your name .
21 MR . ALLEN : It ' s going to be
22 reposted on the property that ' s in question?
23 CHAIRMAN LINDBLOM: I ' m sorry?
24 MR. ALLEN : It will be reposted on
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1 the property?
2 CHAIRMAN LINDBLOM: You will be
3 renotified . The adjacent property owners will be
4 renotified of a future public hearing .
5 MR. ALLEN : We are not all adjacent
6 property owners .
7 CHAIRMAN LINDBLOM: That is the
8 rule .
9 MR . GRAFF : Everybody within 500
10 feet gets notified per our city ordinance .
11 AUDIENCE : None of us got notified .
12 MR . GRAFF : That ' s why they ' re not
13 here, they didn ' t follow the rules . They didn ' t
14 send out the notices .
15 MR . ALLEN : But the sign was up , so
16 we got notified . Well , that being said, I have a
17 letter that I would like to give to the --
18 CHAIRMAN LINDBLOM: Let ' s give it to
19 the -- is that -- That ' s not the letter from Tom
20 and Judy Gilmour , is it?
21 MR. ALLEN : No, it ' s another one .
22 CHAIRMAN LINDBLOM : Okay .
23 MR . ALLEN : One of the biggest
24 concerns is water . As you see , this is May 13th
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1 of this year -- of 2004 , I ' m sorry, and this
2 house here is on the corner of Fox and Fox Glen,
3 and the green area that he owns , this is the
4 green area , but you can see what it ' s doing, and
5 this is with no development over there, no water,
6 they ' re -- that ' s just natural run-off of about
7 an inch of rain .
8 CHAIRMAN LINDBLOM : Upon completion
9 of your -- At some point in your comments could
10 we maybe pass that around? I think for people
11 over here , it might be a little hard to see .
12 MR . ALLEN : I have some other
13 pictures , but I would like -- just so you
14 realize , this is off his deck, and if you look at
15 the aerial shot that I have , you can see how high
16 the water is .
17 The water was actually running
18 over Fox Road about a foot deep . This is a
19 Sunday evening and it was just unbelievable , so
20 we have the water issue out there, and solving it
21 by building more is not going to solve it . One
22 of my biggest concerns .
23 You mentioned the traffic on
24 Fox Road . Everybody knows Fox Road does not have
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1 a turning lane , it ' s not an improved
2 intersection . It ' s bad enough now, and I know
3 that the City has got a bigger plan of -- well ,
4 developers have a bigger plan of developing a lot
5 of land out there . My biggest thing is acre
6 lots .
7 All these pictures here of the
8 proposed property, other than Rivers Edge , I am
9 showing you what that is like . This is your
10 gateway to your city . I don ' t know why it cannot
11 be a nice , tree-lined road coming in the city
12 from the west . It ' s one of the main -- It ' s a
13 main road, the country setting is there .
14 All these pictures have been
15 taken, this is Silver Springs , this is White
16 Oaks , this is Fox Glen , and the setbacks off the
17 road are very far back . It would be nice to keep
18 that green area .
19 This is adjacent across the
20 street from where the forest preserve just bought
21 property, so the exit of their forest preserve is
22 going to be looking at whatever we put there , and
23 I would just like to have that all taken into
24 consideration , and again, I will say that they
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1 are estate sized lots out there .
2 Everything that ' s been built ,
3 they are all above an acre , and I would like to
4 see a minimum of an acre on anything that comes
5 before this committee . Thank you .
6 CHAIRMAN LINDBLOM : Okay . Thank
7 you . Somebody else? If you wouldn ' t mind,
8 gentleman with the shades .
9 WHEREUPON :
10 TOM BOYER,
11 having been first duly sworn, testified before
12 the Plan Commission as follows :
13 MR. BOYER : Hi , Tom. Mike Boyer, 61
14 Ford Drive .
15 CHAIRMAN LINDBLOM : Hi , Mike .
16 MR. BOYER: I was a little appalled
17 when I seen this thing here . It ' s probably an
18 embarrassment , that ' s probably why they are not
19 here .
20 For everybody concerned here ,
21 to pull something like that and not show up is a
22 waste of time for you guys , I am pretty
23 disgusted, and whatever development party that
24 represented them, definitely, by not being here,
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1 and it ' s kind of a slap in the face of you guys ,
2 the people that live through this whole
3 community .
4 We have comprehensive plans .
5 We ' re not going to play their games . You guys
6 did a great job getting the Boy Scout Camp, one
7 of the best things the City has ever done .
8 (Applause )
9 MR . BOYER : We ' re going to maintain
10 that atmosphere on Fox Road, whatever it takes .
11 This outfit that comes here doesn ' t even have the
12 guts enough to show up and throw something like
13 this here to all the neighbors involved and not
14 show up , we ' re not going to put up with that kind
15 of thing .
16 UNIDENTIFIED SPEAKER: They stand up
17 and show us --
18 CHAIRMAN LINDBLOM: Ma ' am, please .
19 MR . BOYER: And I ' m just a little
20 appalled that they went through this and it ' s a
21 waste of time not only for you guys , but -- and
22 all the neighbors and everything we have here .
23 You understand what ' s going on .
24 I think you know what you want to create on Fox
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1 Road .
2 Tom, you live on Fox Road, and
3 this is where we are all coming from, and please ,
4 if we have enough money, I can remember when Tom
5 used to give out 50 cents to my kid running
6 races .
7 If we can make a little bit
8 bigger sign, if we post something on there , I
9 rode past that property a hundred times , and
10 swear to God, I didn ' t see it . I don ' t know,
11 it ' s a little sign, it says public hearing .
12 But if we ' re going to do
13 this -- And I ' m just right next door, I never
14 seen it, and I was not aware of it , and I don ' t
15 like being caught by surprise because I do
16 usually make a record on whatever else comes out .
17 That ' s all I have to say . Hopefully this thing
18 doesn ' t go through or we ' re going to get what we
19 want . Thank you .
20 CHAIRMAN LINDBLOM : I have a letter
21 from Tom and Judy Gilmour . I am not going to
22 read the whole thing . Are you here?
23 MR. GILMOUR : Yeah, we are here .
24 CHAIRMAN LINDBLOM : Would you care
Depo Court Reporting Service ( 630 ) 983-0030
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1 to speak to this? I ' m going to turn it in to the
2 court reporter for the record .
3 WHEREUPON :
4 TOM GILMOUR,
5 having been first duly sworn, testified before
6 the Plan Commission as follows :
7 MR. GILMOUR: You can read the
8 letter if you would, and since we have the
9 opportunity of seeing how the developer couldn ' t
10 show up, that maybe we can give some written
11 notes and deliver them to the clerk as a written
12 record as the residents of this area , so you
13 know how we all feel about it . Would that be
14 okay?
15 CHAIRMAN LINDBLOM: Yes .
16 MR . GILMOUR : Okay . My name is Tom
17 Gilmour . I live on 23 Fox Glen Drive across the
18 street from the proposed development , and I just
19 want to echo the same thing that ' s been said here
20 with a few other additional comments .
21 One, my wife is a school
22 teacher , and even though I suppose this maybe
23 isn ' t the issue to be brought up right here , but
24 the higher the density of the housing , the more
Depo Court Reporting Service ( 630 ) 983-0030
96
1 people we ' re going to have in the schools .
2 Already I think we ' ve got two
3 referendums coming up this spring . This is
4 another issue that we are going to be facing
5 here , and in particular with the property across
6 the board, there is some issues with drainage and
7 springs .
8 All of the people in our
9 subdivision and down Fox Road know what the
10 ground water is like there , and we ' re very
11 concerned about the water run-off there .
12 Another neighbor , who is a
13 friend of the farmer currently running the farm
14 right now, knows where there is one active spring
15 dead center in the middle of that property, and
16 at the south end of that thing there he ' s kicking
17 mud up on the tires every time he goes through
18 there from the sound of it .
19 So we would just like you to
20 consider it a little more carefully as far as
21 retention and water run-off and lot size . Thank
22 you .
23 CHAIRMAN LINDBLOM : Okay . I ' m just
24 going to accept one or two more comments tonight .
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1 I have a feeling we ' re going to start repeating
2 ourself . Gentleman in the back and then let ' s
3 wrap this up .
4 WHEREUPON :
5 TIM RIGGS ,
6 having been first duly sworn , testified before
7 the Plan Commission as follows :
8 MR . RIGGS : My name is Tim Riggs and
9 I live at 45 West Fox Glen Drive . I live at the
10 lowest end of the development, and I think one
11 thing that -- and I would like to hope that any
12 engineering firm doesn ' t just look at the ground
13 across the street because that ' s really not the
14 problem.
15 The pictures you saw were Jeff
16 Nelson ' s back yard . Yeah, we had like a little
17 over an inch within an hour . That ' s all we had,
18 but the ground was completely saturated prior to
19 that .
20 Now that ' s without any building
21 or any form of restriction at all . Everything is
22 coming from Route 71 all the way down to where I
23 live . Putting streets in there , what ' s that
24 gonna do?
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1 The other problem is do you
2 know where the water goes once it goes by my
3 place? Do any of you people know? Does the
4 developer know? No, because he don ' t care to
5 look .
6 It goes under the cement
7 culvert that goes under the railroad
8 right-of-way . That culvert could not handle that
9 one inch of rain that we had in one hour . How is
10 it going to handle the water flow that ' s going to
11 come down all the paved streets that will
12 eventually will lead all the way to Route 71?
13 And the problem is not just
14 Jeff Nelson ' s home , but what about my home? I ' ve
15 gone through oh, good Lord, a lot of money and
16 expense , loss of trees , bank erosion, just from
17 Mother Nature .
18 Now put this subdivision in,
19 what ' s that going to do to my property? Is that
20 going to come in and back up in my basement
21 because I ' ve got a walk-out basement ?
22 Are we going to self-inflict
23 damage to my property based on you people ' s
24 conclusion?
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1 MR. GILMOUR: And where that water
2 goes .
3 CHAIRMAN LINDBLOM: Please .
4 MR . RIGGS : Why do we self-inflict
5 damage on these people ' s property here? If that
6 was you, you wouldn ' t want that to happen to you .
7 I appreciate you listening .
8 CHAIRMAN LINDBLOM: Okay . I ' m going
9 to wrap this up . I appreciate everybody ' s
10 patience with this . On behalf of the City at
I1 least, I would apologize that somehow it didn ' t
12 come to our attention earlier, it ' s one of those
13 things that didn ' t .
14 I apologize for you having to
15 stay here for what , two and a quarter hours , to
16 really have nothing happen .
17 This will be republished
18 again then and people will be notified, and I
19 would just ask the commissioners then to not
20 make any judgments on this until the petitioner
21 has a chance to address these concerns in the
22 future .
23 Okay . Thank you very much .
24 And, by the way, you have my assurance this
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100
1 will not be discussed further tonight on this
2 issue .
3 With that , could I have a
4 motion to close the public hearing?
5 MS . LUCIETTO : So moved .
6 MR . JONES : Second .
7 CHAIRMAN LINDBLOM : Moved and
8 seconded to close the public hearing . Those in
9 favor signify by saying aye .
10 (A Chorus of Ayes )
11 CHAIRMAN LINDBLOM : Opposed?
12 (No Response )
13 CHAIRMAN LINDBLOM: The meeting is
14 adjourned .
15 (Which were all the
16 proceedings had at
17 the time and place
18 aforementioned . )
19 ---00o---
20
21
22
23
24
Depo Court Reporting Service ( 630 ) 983-0030
101
1 STATE OF ILLINOIS )
ss :
2 COUNTY OF LASALLE )
3
4 CHRISTINE M . VITOSH, being first duly
5 sworn, on oath says that she is a Certified
6 Shorthand Reporter and Registered Professional
7 Reporter doing business in the State of Illinois ;
8 That she reported in shorthand the
9 proceedings had at the foregoing public hearing;
10 And that the foregoing is a true and
11 correct transcript of her shorthand notes so
12 taken as aforesaid and contains all the
13 proceedings had at the said public hearing .
14 IN WITNESS WHEREOF I have hereunto set
15 my - and ,this 0.61( day of
16 ,�, / , 2005 .
17
18
19 - J
20
CHRISTINE M . VITOSH, C . S . R.
21 CSR License No . 084-002883
22
23
24
Depo Court Reporting Service ( 630 ) 983-0030
Yorkville Plan Commission Multi-Page mi $50,000 - backing
January 12, 2005
33[1] 85:22 41:14 56:19 agree[5] 14:22,22 38:11 82:17
-$- 345[1] 34:17 accommodations p] 42:21 43:4 approval[i] 60:4
$50,000 p] 42:7 355-1458[1] 2:13 83:13 agreed[s] 15:19 24:8,9 approved[4] 15:1 51:21
380[I] 2:12 accountants[1] 76:12 80:23,23 70:4,5
_ acre poi 10:9 34:18,21 agreement[3] 14:14 area[zi] 15:12 48:14 58:9
-& 48:19 59:8 86:7,11 91:5 18:19 68:10 61:21,23 63:2 68:20 69:2
&[z] 2:12 52:16 -4_ 92:3,4 agricultural[41 21:15 69:24 70:12,19 76:1 80:20
40[2] 15:10 57:12 acres[2o] 4:19 28:8 38:9 28:4 59:7 84:19 86:4,8,14 87:14 90:3,4
-0- 400[i] 86:17 46:1,3 51:17 57:5,12,14 agriculture[i] 29:14 91:18 95:12
084-002883[1] 101:21 45 pi 97:9 58:21,22,24 63:1 66:9 ahead[z] 71:18 88:20 areas[2] 31:5 61:16
450.34[i] 51:17 70:24 71:1 73:9 79:2 Allegiance[1] 3:1 armed[1] 38:19
84:23 86:9 art[a] 76:20,21 80:17,21
_ 47[141 4:20 5:13 10:10 Allen pi] 72:2,6,9,9
-1 23:4 24:5 57:13,18,20 acted[1] 19:22 88:21,24 89:5,15,21,23 as-is[2] 47:10 60:14
1.5[z] 48:9 49:6 61:2 63:17,19 65:6 86:24 active[i] 96:14 90:12 ascertained[i] 75:16
1.73[1] 86:12 87:8 ADAMS[5] 2:4 3:7 alleviate[2] 23:13 88:8 Ashley[7] 28:9 35:18,22
26:22 47:23 50:21
1.77[1] 34:18 allow[1] 49:6 36:20 40:7 49:20,21
102.75[1] 84:23 -5- add[i] 49:24 allowed[z] 15:3 19:8 aside[i] 21:17
11-by-17[1] 66:12 50[4] 15:15 33:1 55:13 added[4] 56:4 57:12,13 allows[2] 30:20 34:20 aspect[1] 75:4
94:5 57:18
12,000[2] 31:1 36:13 almost[1] 58:22 aspects[1] 56:9
500[1] 89:9 adding[z] 17:21 49:24
126[20] 28:9 30:4 31:23along [15] 8:4 10:24 assembled[1] 55:10
35:2,10,16,17,24 36:6,8 addition[6] 33:8,16 11:17 20:13 30:4 31:21 Assembling
34:24 35:17,23 57:23 [i] 58:23
36:19 39:17,22 42:22,22 -6- 32:1 35:9,22,24 37:7,9 asset[2] 80:1,18
44:9 49:10,17,21,22 additional[7] 21:19 57:13,18 60:9
6,000 pi 64:21 54:12 55:9 56:5 58:18,23 assigns[1] 14:22
13,600[1] 36:16 always[1] 21:22
600[i] 66:9 95:20 assistant[1] 74:17
13th[i] 89:24 address[9] 4:23 6:7 18:3 Amanda[3] 12:24 21:11
185[1] 35:14 60563[1] 2:13 association[1] 72:11
30:16 31:5 39:3 51:6,10
21:12
1900[1] 63:1 61 [1] 92:13 99:21 ambiguity[i] 11:23 assume[2] 7:11 85:10
195[1] 28:8 624[2] 57:6 58:24 addressed[1] 42:12 amend[1] 26:21 assuming[z] 49:14 81:8
1967[1] 24:6 630[1] 2:13 adequate[a] 8:3 16:16 amenities[4] 61:23 assurance[i] 99:24
1990 p] 21:13 17:11 49:12 64:15,17 75:11 assure[1] 20:17
1999[3] 14:15 15:19 -7adhered[i] 15:18 amount[iz] 13:12 24:16 atmosphere[i] 93:10
18:19 71 [2] 97:22 98:12 adjacent[18] 30:3,15,16 32:23 35:9,19 36:5 37:5 attached[i] 72:12
7:00[1] 1:9 31:4,8,16 33:23 37:18 61:9 63:24 67:5,21 76:15 attempt[1] 36:4
-2- 38:2 60:11 67:23 68:5 amounts[1] 61:14 attempts[1] 33:5
78:14 79:17 83:6 89:3,5 angle[i] 12:7 attention[z] 11:6 99:12
2,000[i] 69:7 -8- 91:19 Ann[a] 18:6,10,11,16
2,200[1] 69:8 800[i] 1:10 adjoining[i] 15:8 ANNE[1] 2:5 attorney[z] 29:19 52:15
2.2[1] 59:8 8th[2] 52:17 53:12 adjourn[i] 25:6 attorneys6 [2] 29:20
J annex[�] 30:13 76:13
2.25[2] 34:21 48:18 adjourned[1] 100:14 annexation[9] 14:13 audience[4] 4:7 9:12
200[3] 15:4 22:22 23:4 -9- administrator[] 41:1 28:3 29:13 44:22 47:4,13 42:14 89:11
200.5[1] 35:20 90[i] 71:10 adverse[z] 67:15,23 55:4 68:10 84:17 available[6] 53:22 74:2
2004[3] 53:12 54:9 90:1 advised[i] 88:11 annexed[5] 21:18 24:11 74:12,18 75:17 85:2
68:2,7,9
2005[2] 1:9 101:16 -A- advocate[1] 52:21 Avenue[i] 2:12
233[1] 58:20 aerial[1] 90:15 annexing[i] 30:12 average[5] 35:13,20
A-1 [4] 28:4 29:14 58:2 answer[9] 5:14 8:8 29:23 36:16 86:8,9
240[1] 57:5 84:19 aesthetic[1] 37:2
241 [1] 58:22affected[1] 36:8 29:24 38:14,203 40:18 aware[6] 24:8 35:1 60:2
able[5] 44:4 61:23 62:16 45:19 74:3 83:17 86:21 94:14
25th[i] 14:14 63:10 64:11 aforementioned0 [1] anticipated[i] 23:18 away[3] 15:4 38:10 65:19
27-foot[1] 31:21 above[3] 49:6 66:17 92:3 anyway[1] 32:12
above-entitled[i] 1:7 aforesaid[i] 101:12 apologize[6] 8:14,16 aye[a] 3:14 4:2 26:7 27:9
y afternoon[�] 6:3 27:19 50:8 51:1 100:9
-3- Absolutely[i] 44:6 14:17 74:6 99:11,14 Ayes[s] 3:15 4:3 26:8
3.1 [i] 10:9 abut[i] 11:1 again[23] 7:7 8:16 20:20 appalled[z] 92:16 93:20 27:10,20 50:9 51:2 100:10
3.11 [1] 4:19 abutting[1] 67:21 31:15 32:2,19 33:23 35:18 [2] 2:14 53:7
39:15 52:18 54:7 59:2,8 appeared
3.43 p] 73:9 accept[1] 96:24 67:17,24 70:7 72:17 75:14 Applause[i] 93:8 -B-
3.473 p] 73:9 access[16] 15:3,4 31:19 85:13 88:13,18 91:24 application[8] 4:12 9:3 B p] 14:20
30[5] 17:7,14 21:19,23 32:1 33:17 36:18,19,19 99:18 11:17 28:1 51:16 73:3
63:19 36:20,21 37:12 44:4,9 against[5] 11:1 19:12,24 77:7 84:16 B-2[s] 73:7 77:8,10,11
30,000[1] 36:15 49:20 57:22 65:2 19:24 24:13 apply[1] 85:13 80:15
accidents[i] 24:19 agenda[ ] 3:4,10 8:14 appreciate[2] 99:7,9 B-3[s] 4:15,15 14:4 19:8
30-foot[z] 15:5 24:15 accommodate[4] 32:5 8:17 26:21 27:1,8 approach[1] 30:9 59:2 74:22 76:17,19
300[1] 2:12 33:13,19 34:1 agents[1] 76:12 backgroundin36:5 57:8
31 [i] 18:16g approached[1] 80:16 backing[i]
accommodated[2] ago[3] 19:4 23:22,22 appropriate[z] 49:3
Depo Court Reporting Service Index Page 1
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page`e' backs - contiguity
January 12, 2005
backs[1] 35:15 brief[3] 21:6 74:6 77:3 center[11] 4:17 5:23 7:11 37:16 41:7,18 42:4 48:5 62:18 64:8 66:3 68:19
bad[z] 40:1 91:2 briefly[2] 23:8 49:9 20:19 63:16,16 64:15,17 49:18 77:1 93:3
ball[3] 57:2 64:5,6 bring[1] 66:2 68:4 75:2 96:15 CLARENCE[1] 2:3 company[1] 60:3
ballpark[1] 74:10 BROMBEREK[11 center/gas[1] 8:23 clarification[3] 12:10 compare[1] 51:24
bank[2] 83:17 98:16 2:12 Centex[a] 51:7,15 53:6 14:3 25:14 compared[3] 49:2 67:9
brought 6 55:12 clarify a
bargaining[i] 21:21 [ ] 15:24 31:11 central[2] 37:10 38:1 48:5,0[ ] 5:18 44:20 80:1
barns[1] 58:5 44:1 49:10 87:13 95:23 complete[1] 84:13
based[1] 98:23 Bruce[2] 78:10,13 cents[1] 94:5 classification[1] 34:20 completely[1] 97:18
basement[z] 98:20,21 buffer[6] 15:7 21:17,20 certain[1] 6:6 classifications[11 completion[1] 90:8
21:22 35:9,19 certainly[3] 30:14 38:18 34:19
basis[1] 11:8 comply[2] 21:23 33:5
buffer/setback[1] 38:19 classified[1] 34:12 component[1] 57:19
basketball[1] 64:18 15:12 Certified[1] 101:5 clauses[1] 15:18
components[3] 58:10
Baum[s] 42:16,19,19
buffering[3] 16:13,17 cetera[a] 6:1 39:23,23 clear[2] 9:22 77:24 60:19 67:4
43:16,19,22 44:6,11 16:20 84:2 clearing[1] 78:3
bearing[1] 81:22 buffers[1] 45:2 chairman[139] 2:2 3:2,9 comprehensive[24]
clerk[1]] 95:11 11:22 13:9 30:19 32:1:1
0
beautiful[1] 80:3 build[a] 13:3 55:20 79:6 3:13,16,18,22 4:1,4,6 5:3 client[a] 5:11 34:7 38:7 33:6 34:6,9,11 35:1 47:5
become[1] 60:15 88:5 5:17,21 6:11,14,18,19 7:1 52:21 48:8,10,21,22,23 49:1,2
becomes[1] 64:3 builder[1] 55:14 7:6,9 8:4,21 9:4,15,19,24 58:8 66:21,24 67:12 74:16
10:2,4 11:11,15 12:3,13 client's[1] 37:23
bedroom[1] 69:20 builder's[1] 73:23 12:16 14:2 15:20 17:6,13 Close[1o] 23:5 25:8,12 74:17 93:4
Beecher[1] 86:20 building[16] 6:1 14:23 18:1,11,14 20:16,23 21:8 26:3 47:20 50:4 72:22 conceivably[1] 86:17
begins[1] 82:11 21:16 55:12 74:1 75:2,15 22:2,15 23:6,9,19 24:21 79:24 100:4,8 concept[6] 30:23 55:1,2
75:22 76:7,8,22,23 78:21 24:24 25:3,5,11,18,21 closed[ ] 50:13 55:22 56:12 61:8
behalf[6] 2:14 29:11 1
81:13 90:21 97:20 26:1,6,9,11,18,24 27:4,7 conceptual[1] 54:9
30:10 49:19 73:21 99:10 clubhouse[s]64: •18,20
below[z] 34:21 36:24 buildings[1] 79:3 27:11,15,18,21 28:15 64:21,24 72:10 concern[a] 43:24 44:13
built[7] 21:16 55:16 38:21 40:19 42:13 44:19 86:15 87:11
benefit[2] 63:23 66:5 45:1,8,11,15 47:15,21,24 cluster[3] 61:14,15 70:15
benefits[1] 65:24 61:24 62:17,18 70:1 92:2 49:7 50:3,7,10,12,18,23 clustering[4] 61:12,21 concerned[2] 92:20
_ business[14] 4:15,16 51:3,5,14 52:6,12,19,24 61:22 70:19 96:11
beberms[ng[2]40:g5:13 31:12 X3:7 76:3 80:7 12 83 16:21 14:4 40:13 44:13 53:17 54:8 65:21 71:9,17 clustering-type[1] concerns
7 1g 24 90:22 99:21 85:24
71:20,24 72:3,14,19,21 61:17
Bertram[2] 57:14 58:2 83:16,20 101:7 77:6,11,13,16 78:5,7 concession[1] 24:14
businesses[1] 84:1 79:10,15,18 81:4 83:7
collector[7]70:13,14 65:7,9
best[3] 7:10 38:11 93:7 65:16,17 conclusion[1] 98:24
bet[2] 52:11 71:19 busy[a] 14:8 22:21,22 84:4,7,11 85:5,7 88:10,23condominium[1] 68:5
23:4 89:2,7,18,22 90:8 92:6,15 combination[1] 37:3
better[1] 9:8 93:18 94:20,24 95:15 combining[1] 46:10 condominiums[1] 59:5
between[6] 10:22 14:15 C 96:23 99:3,8 100:7,11,13 comfortable[a] 13:23
- - conference[1] 73:23
55:5 82:4 83:17,20 chance[1] 99:21 19:7 65:20 75:12 confirm[2] 39:11 47:6
beyond[1] 82:14 C[1] 2:11 change[s] 3:3,10 27:8 coming[13] 5:13 10:17 conformed[1] 16:22
big[s] 31:4 37:13 40:10 C.S.R[2] 1:8 101:20 32:24 78:20 31:11 33:17 39:24 40:11 conforming[1] 15:2
87:8,10 calf[1] 42:8 changed[1] 54:15 44:14 47:17 56:12 91:11 confused[a] 5:18 6:1
bigger[3] 91:3,4 94:8 94:3 96:3 97:22
gg calls[1] 48:8 changes[6] 18:18 51:23 11:16 77:7
biggest[a] 86:15 89:23 calves[2] 42:6,6 55:9 58:14 59:21,23 comment[2] 21:6 23:7 confusion[2] 6:21 12:11
90:22 91:5 character[1] 35:22 comments[1s] 12:17
bike[1] 65:18 Camp[1] 93:6 connecting[1] 67:18
campus[1] 71:7 71:15,21 77:14 81:6 85:12 connection[2] 37:11
characters[1] 58:10 15:21 38:15 45:5 49:8,23
BILL[1] 2:6
Candy[1] 14:16 Cheryl[2] 73:2,22 85:15 90:9 95:20 96:24 53:8
bit[s] 8:19 11:5 15:23 Cannonball[11] 4:20 child[1] 40:12 commercial[v] 24:11 conservation[1] 61:12
30:9 33:3 43:13 67:8 94:7 10:10 15:3 18:16 21:12 children[2] 40:11 43:6 24:12 57:18,22 59:2,22 consider[9] 6:12 32:1
blend[1] 76:24 23:5 24:6 58:17 59:24 chip[1] 21:21 59:23 60:15,19,22 63:13 39:15 41:12 56:17 78:21
Block[15] 31:10 39:5,8,9 60:16 65:6 63:14,14,21 66:5 70:9,16 80:13 82:7 96:20
41:19 44:4 45:9,12,17 Chorus[8] 3:15 4:3 26:8
cannot[2] 28:22 91:10 27:10,20 50:9 51:2 100:10 commission[30] 1:1 consideration[6] 32:3
46:2,15,19,24 47:7,14 care[10] 4:17 5:23 7:11 CHRISTINE[3] 1:8 4:24 5:8 8:12 12:22 18:3 38:18 43:2 44:10,16 91:24
blocks[1] 83:19 8:23 9:12,13 14:10 20:19101:4,20 18:8 21:4 22:7 24:3 29:8 considered[4] 43:23 board[6] 37:14 38:5,5 94:24 98:4 32:17 39:7 42:18 48:13 44:8 50:2 76:18
45:20 carefully[z] 43:3 96:20 city[67] 1:2,10 2:15 4:12 51:7,10,20 52:5 53:13 considering[1] 45:22
bodes 54:11 61 96:6 y 4:21 15:1 18:19 21:22,24 54:23 72:8 73:19 77:21
cars[3] 86:17 87:2,9 24:8,12 28:1,3,5 32:6 33:8 78:12 85:20 87:17 92:12 consistent[1] 49:1
border[1] 32:2 case[2] 55:4 81:18 33:24 34:7,9 35:3,7 36:11 95:6 97:7 consists[5] 4:18 28:7
bought[1] 91:20 37:15,19 40:16,17,22,22 51:17 73:8 84:22
g Casey[3] 24:1,4,4 commissioner[1] 53:24
boundaries[1] 15:6 41:1,1152446:91 ,16,213 54:24 constraints[2] 33:15
cash[z] 38:9 46:6 55:24 56:2,11,16,21 57:9 commissioners[2]
Boy[1] 93:6 categories[2] 10:21,21 61:7 62:20 64:9 66:21,23 53:23 99:19 34:3
Boyer[6] 92:10,13,13,16 category[1] 59:7 68:2,8 71:21 73:3,5,6,12 committee[3] 45:20 constructed[1] 55:18
93:9,19 82:22 83:1,3,12 84:16,18 56:3 92:5 containing[1] 4:15
caught[2] 5:13 94:15 84:20 86:13,19,21 89:10
breeding[1] 44:12 communicate[1] 49:22 contains[1] 101:12
caveats[1] 49:4 91:3,10,11 93:7 99:10
BRIAN[1] 2:7 cement[1] 98:6 community[14] 37:3,8 contiguity[1] 30:3
City's[s] 33:11 36:12 55:11,20 59:2,20 61:1,18
Depo Court Reporting Service Index Page 2
Naperville,Illinois (630) 983-0030
Yorkville Plan Commission Multi-PageIm contract - farmland
January 12, 2005
contract[1] 10:16 dated[2] 14:14 54:8 dinner[1) 19:3 63:8 73:10 78:3 83:19 99:9
contribute[i] 88:9 Dave[2] 42:16,19 direction[1] 36:19 84:23 Ex[a] 10:15 16:8,15 23:15
convenience p) 80:22 DAVIS[2] 2:6 25:10 directly[6] 18:17 30:3 east/west[4] 65:9,17 exactly[1] 60:12
66:14 70:13
conversation[i) 38:4 dead(1) 96:15 70:6 74:10 76:4,9 examined(1) 54:20
conversations[1] 43:23 dealing[1] 82:18 discuss[s] 32:8 81:5 eastern[1] 67:3 example[11 76:12
copies[1] 74:14 death[1] 39:21 82:15,16 83:12 echo[�) 95:19 exceeds[1] 86:12
copy[z] 20:22 53:24 decided[8] 13:13,22,24 discussed[I] 100:1 Edge[�) 91:8 except[1] 19:16
Corneils[1] 59:15 20:1,11 34:15 76:19 79:5 discussion p i) 3:5,11 eight[1] 36:6 exception[2] 16:10 17:1
3:23 17:21 26:4,13 31:10 either i 40:1
corner[i8) 4:20 10:10 decision[21 20:18 34:6 38:8 46:9 50:5 61:4 ( ) excited[1] 55:19
11:18 12:6 21:12 24:5 deck[i] 90:14 elementary[a] 62:9 71:2 excuse[z] 18:11 77:16
28:8 30:21 35:24 36:7 disgusted[1] 92:23 71:4,7
dedication[1] 37:24 distances[�) 49:13 existence[1] 65:6
46:13 58:17 60:20,22 61:1 eliminate(3) 11:13,23
dee [1) 90:18
63:17 70:18 90:2 p district no) 4:15,16 28:6 22:18 existing[7) 11:1 16:23
corners[i) 60:18 definitely[1] 92:24 45:13,18 48:7,7 73:6,7 elimination[1] 10:22 48:20 49:2 59:9 81:21
correct pa] 6:9,17 7:8 definitively(1) 19:22 84:21 88:8
embarrassment[1]
9:1,2 11:14 43:18 44:24 delaying[1] 13:1 division[1) 55:13 92:18 exit[1] 91:21
77:10 78:19 80:9 81:11 deliver[1] 95:11 Dixon[s] 60:5,17,18,20 Emery[1) 52:16 expand[i) 80:15
82:4 101:11 demolished[i] 58:12 60:20 Emmon[io) 33:11 73:10 expense[i] 98:16
correctly u) 11:12 densities[I] 49:6 doesn't[s] 69:20 87:6 73:11 74:10 76:2,3,4,5,16 experience[z] 37:8
corridor[a] 35:2,6,16 density[u) 34:17 48:8 93:11 94:18 97:12 83:3 87:14
37:10 48:17,18 49:5 67:7 70:19 dogs[3] 31:11 42:4,4 employee[1] 23:14 experts[1] 53:4
cost[3] 81:23 82:1,7 86:1,11 87:22 95:24 donating[I) 56:22 encountered[i] 13:11 explained[1] 28:16
costs[1] 82:18 department[1] 40:17 donation[1] 46:5 end[7] 23:3 63:7 83:1,3,5 express[i] 76:20
Council[4] 48:13 54:24 Dervin[z] 72:6,9 done[10) 25:19 36:4 96:16 97:10 expressed[i] 38:5
55:24 56:2 describe[2] 68:19 70:21 41:20,23 56:5,7 63:17 ends[1) 82:9 extend[3] 81:9,17 82:22
counsel[1) 25:22 design[3] 33:15 34:3 75:16 78:2 93:7 engineering[6] 5:10 extended[1] 81:14
count[1) 75:16 76:23 door[1] 94:13 29:23,24 40:17 41:3 97:12 extending[1] 86:20
country[i] 91:13 designed[z] 75:14,22 down[13] 5:13 12:6 enhance[1] 37:7 extension[a] 33:10,13
county[131 4:13,21 24:8 detail[1] 30:7 22:12 43:5 45:24 46:13 enter[i] 26:12 36:22,22
75:8 76:15 82:19 86:21
28:2,4,10 73:4,12 84:17
details[1] 29:18 96:9 97:22 98:11 entered[i] 48:16 extent(1) 53:20
84:19 85:1 86:13 101:2 detention[3] 31:5 35:11 entering[1] 37:8 extraordinary
couple[s] 10:11 14:12 87:18 draft(z) 30:19 54:13 (i) 56:22
29:20 32:21 58:5 drainage[z] 31:3 96:6 enters[i] 37:9 extreme[1] 43:1
determining[i] 13:9 drive(6) 16:12 66:18 entertain[5] 3:3 7:22
course(6) 41:10 57:1 develop[3) 11:8 13:10 12:17 26:19 77:4
-F-
64:3 65:10 83:12 86:13 73:11 92:14 95:17 97:9 court[z) 28:22 95:2 13:14 driver[i) 40:2 entire(3) 15:6 53:19 face m 93:1
developed[3] 41:9 48:668:15
courteous[2] 9:5,5 63:4 driveway[s] 16:10 facility[9] 56:18 62:17
courts[2] 64:18,19 22:10,19 23:15 82:3 entirely[i) 47:12 62:21,22 63:11,20 64:20
developer(3) 29:22 95:9 dropped[1] 67:7 entrance[8] 37:1,2,6 64:24 76:21
Craig[4] 5:6,10,17 30:10 98:441:23,24 44:17 57:21
drugstore[1] 5:24 facing[1] 96:4
create[4] 75:1,10,11 developers[2] 61:4 91:4 64:16
93:24 Duane[3) 22:3,5,8 fact[s] 10:12 11:24 17:12
developing[z) 19:6 91:4entrances[1] 43:3
creation[i) 68:17 duly[zo) 5:7 12:21 18:7 65:5 86:22
development[37) 4:14 environment(s) 69:17
21:3 22:6 24:2 29:7 32:16 factor(1) 15:15
cross[3] 81:19,22,23 8:16 10:13 14:24 15:16 75:7,11,13 76:13
39:6 42:17 54:20 72:7 factory3
cross-examine[1] 29:1 19:16 27:23 29:4 33:18 73:18 77:20 78:11 85:19 equipment[z] 31:24 [ l 23:2 24:7,10
33:22 35:4 37:6 41:11,13 fair pi 32:23
CROUCH[6] 3:21 6:18 92:11 95:5 97:6 101:4 43:5
51:8,9 56:9 58:13 61:12 fain z
6:20 9:13,18 25:8 61:17 62:2,10,24 63:6 duplex[9) 58:16 68:18 erosion[1] 98:16 y[ ) 11:3 59:13
CSR[ ) 101:21 67:14 70:4 73:1,22 84:15 68:23 69:3,6,7,8,11,13 essence[1) 59:17 fairness[1] 9:18
cul-de-sacs[2] 36:1,2 86:1,2,16 88:2 90:5 92:23 duplexes[1] 59:4 establish[1] 37:2 faith[2] 20:4,5
culvert[z) 98:7,8 95:18 97:10 during[1] 87:2 establishing[1] 37:4 fall[2] 10:20 13:21
current[6] 13:21 19:6,8 developments[1] 66:6 estate[5] 48:6,7 88:1,3 familiar[i] 83:2
48:5,8 82:2 develops[1] 62:11 -E- 92:1 family[7] 29:15 30:11
cut[z] 71:10 77:24 diameter p) 75:20 et[a) 6:1 39:23,23 84:1 31:1 34:16 59:3 69:1,10
E[4] 2:1,1,11,11 far[10] 33:3 34:4 36:17
cycles[2] 86:24 87:1 dictate[1] 33:2 early[3) 30:17 31:6 56:16 evening[1z) 5:9 32:18 55:18 60:23 62:9 63:7
difference[z] 8:19 55:5 easel[z) 10:5 54:11 52:20 53:9,19,24 54:12 82:19 91:17 96:20
n :14
-D- different[9) 8: 13:19 57:12 59:21 73:20,24
13:20 t 48 1415 easement[6] 31:21,21 90:19 farm[9] 1:10 31:24 39:10
D-747705[1] 1:22 57:16 69:5 71:12 39:17 40:6 44:3,8 eventually[2] 23:11 42:21 43:5 44:4,5 59:17
damage[2] 98:23 99:5 easements[3] 43:10,21 98:12 96:13
Dan[i) 29:22 differential[i) 70:21 45:2 everybody[7] 10:7 14:6 farmer[i) 96:13
differs[1] 68:12 easier[z] 52:7 61:24 14:19 77:2 89:9 90:24 farmhouse[1] 58:4
dangerous(i) 42:23 dimensions[1] 66:9 92:20
date[1] 45:21 easily[i] 49:6 farming[1] 40:9
DINA[1] 2:10 east[8] 2:12 33:1 43:12 everybody's[z] 10:6 farmland[1] 59:14
Depo Court Reporting Service Index Page 3
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page`"` Farms - Jeremy
January 12, 2005
Farms[6] 27:23,24 29:11 52:5 54:21 72:8 73:19 Glen[4] 90:2 91:16 95:17 heirs[1] 14:21 include[1] 49:21
29:12,20,21 77:21 78:12 85:20 92:12 97:9 HEITZ[1] 2:12 including[2] 36:22 70:1
farmstead[9] 57:14 58:2 95:6 97:7 God[21 39:24 94:10 hereby[1] 14:22 inconsistent[2] 86:3,4
58:6,11 59:8,9 60:13 70:8 foot[3] 17:7 31:2 90:18 goes[ii] 12:6 16:7 38:10 hereunto[1] 101:14 inconvenience[1] 8:15
70:9 footage[i] 69:12 42:24 80:2 96:17 98:2,2,6
fast[1] 39:24 98:7 99:2 Hi[3] 18:15 92:13,15 incorporate[4] 59:23
footages[i] 69:9 high[2] 84:24 90:15 67:4 72:17 76:7
faster[1] 87:10 Ford[2] 85:22 92:14 golf[2] 56:24 64:3 higher[2] 70:18 95:24 incorporated[3] 53:16
favor[s] 3:13 4:1 26:6 forego[1] 20:1 gone[a] 30:8 42:8 75:15 58:18 59:21
27:8,18 50:8 51:1 100:9 98:15 highlight[i] 32:21
Faxon[i] 23:11 foregoing[2] 101:9,10 gonna[i] 97:24 history[3] 21:6 22:1 57:8 incorporates[1] 55:9
forest[2] 91:20,21 increase[1] 76:14
features[1] 37:4 good[12] 5:9 12:14 19:23 hit[i] 84:3
forget[i] 45:21 incur[1] 60:17
February[1] 14:15 form[z] 42:5 97:21 20:4,5 22:23 32:18 39:18 HOLDIMAN[2] 2:3 indicate[i] 12:4
feedback[1] 71:1 71:12 73:20 84:8 98:15 27:14
format[i] 66:16 Graff[s] 6:10 8:7 41:1 holding[1] 20:12 individual[11 63:5
feeling[1] 97:1 forth[3] 34:2,17,22 89:9,12information[1] 33:12
fees[1] 53:3 home[6] 46:2 55:14 86:8
forward[3] 20:3 38:4 grand[1] 57:21 88:4 98:14,14 infrastructure[1] 46:6
feet[19] 11:17 15:4 17:14 61:4 Granted[1] 23:16 homeowner's[i] 72:11 instead[1] 58:3
17:19 21:19,23 22:22 23:4 foundation[1] 34:5
33:1 35:14,20 36:14,15 great[2] 80:18 93:6 homes[io] 36:5 43:11 insurance[1] 76:12
36:16 64:21 66:17 69:7,8 four[1] 24:18 greens] 11:1 16:9,15 51:7,15 53:6 55:12,16,18 integrated in 11:8
89:10 Fox[1s] 84:23 86:7,24 45:13,18 90:3,4 91:18 60:3 70:3 intend[i] 8:6
Feinstein[17] 52:1,4,11 87:6,7 88:6 90:2,2,18,24 gross in 86:12 homestead[i] 59:16 intending[2] 62:20 75:1
52:14,15 66:7,20 67:13 90:24 91:16 93:10,24 94:2 ground[3] 96:10 97:12 hope[3] 20:12 33:13 intention[a] 37:20,23
67:24 68:17,22 69:23 95:17 96:9 97:9 97:11
97:18 75:20 82:1
70:20 71:16,19 72:16,20 frankly[2] 11:20,23 group[z] 45:4 47:18 hopefully[2] 37:17 intentions[1] 34:8
felt[2] 75:6 76:8 Fred[a] 52:4,6,14 71:9 94:17
guess[6] 5:14,17 12:23 intercepter[i] 66:2
fences[i] 40:8 friend[2] 39:12 96:13 48:4 77:6 84:8 hopes[a] 20:2 34:5 35:4
fencing[2] 15:14 31:13 front[6] 1 1:21 12:2,937:21 interest[a] 13:5 38:6
guidelines[1] 48:17 53:2 76:20
few[6] 23:22 66:8 74:13 47:8 59:15 66:13 guts[1] 93:12 hoping[2] 32:12 33:24
77:15 78:6 95:20 fully[1] 16:19 horses[1] 44:12
interested[3] 40:3 71:13
guys[s] 14:7 92:22 93:1 80:17
fields[3] 57:2 64:6,6 funnel[i] 87:8 93:5,21 hour[3] 1:9 97:17 98:9 interests[1] 7:10
Fifth[1] 2:12 future[10] 7:2 11:23 hours[3] 20:8 87:2 99:15 interior[i] 10:23
fight[i] 20:11 12:12 33:5 34:2 41:13 house[i] 90:2
46:10 68:3 89:4 99:22 -H- interrogatories[i]
filed[5] 4:12 28:1 51:15 houses[1] 15:9 54:21
half[9] 32:8 38:6 66:14
73:3 84:15 -G 66:15 67:1 68:4,13 79:2 housing[1] 95:24 intersection[7] 22:22
filter[i] 87:2 83:18 Huinker[1] 29:22 22:23 23:4 49:13 50:1
finally in 36:10 Galena[9] 58:17 59:24 hand[s] 5:1 28:12 51:20 hundred[i] 94:9 57:20 91:2
financing[1] 15:13 60:5,9,21 61:1 63:17 65:5 84:8 101:15 introduce[1] 35:9
65:15
fine[2] 56:8 80:21 handed[1] 54:8 -I- involved[1] 93:13
finished[1] 26:12 gallery[3] 76:21 80:17 handle[3] 87:19 98:8,10 issuance[1] 14:23
80:21 idea[a] 22:23 40:14,15
fire[1] 57:24 handling[1] 56:13 84:9 issue[1s] 4:24 6:8 9:9
firm[2] 52:15 97:12 Game[1] 1:10 handout[z] 5:24 8:5
aures[i] 93:5 ideal[1] 75:7 16:2,14 31:3,4,17 32:5
g 37:13 42:2 44:3 74:9
first[27] 5:7 12:21 13:1 Gary[z] 77:19,22 happy[2] 17:10 77:4 identified[1] 41:17 88:17 90:20 95:23 96:4
18:7 21:3 22:6 24:2 29:7 hard[1] 90:11 f 3
32:16,22 39:6 42:17 51:14 gas[19] 5:23 6:21 7:11 identify[ l 11:24 35:2 100:2
54:20 69:12,16 72:7 73:18 13:2,3,6,12,14,24 14:7,9 Harper[1] 29:22 68:1 issues[15] 11:5 14:9
76:21 77:20 78:11 85:19 18:21,23,24 19:6,12,16 Harvestors[2] 39:22,23 II pi 79:6 30:17 31:14,24 32:22 33:4
86:1 92:11 95:5 97:6 19:18 20:18 hash[1] 14:6 Illinois[17] 1:2,11 2:13 39:14 42:12 45:2 47:16
101:4 gas/petroleum i1] 4:17 hazards[i] 42:22 2:15 4:13,22 28:2,10 47:17 53:21 83:11 96:6
fit[2] 34:6 70:11 gateway[2] 35:2 91:10 hear[to] 7:10 9:7,12,20 4894:10,125:551:013713:4,13 item[a] 4:9 26:24 27:2
five[4] 17:19 45:24 46:2 General[1] 73:7 45:16 54:15 71:14 85:15 17 81 1: ,7 5114
55:15 generate[i] 86:17 88:14,16 immediate[3] 15:17 items[a] 50:20,24 51:11
flooding[2] 87:14,15 genetics[i] 42:8 heard[a] 45:13 54:10 53:5 63:1 72:15
floor[6] 26:3 69:13,16 Geneva[1] 5:11 72:9 87:5 impact[2] 67:15 76:10 itself[2] 36:17 76:23
69:21,22 76:22 gentleman[3] 85:15 hearing[39] 3:4,6,19 6:4 lmpacts[2] 31:7 67:23
flow[1] 98:10 92:8 97:2 7:7 25:7,9,12 26:3,12,20 important[3] 42:9 74:20 -J-
folks[3] 39:12 41:3 69:19 Gentlemen[1] 20:24 27:13,16 ,713;24 47:20 76:9 JACK[i] 2:8
48:3 50:5,7,13,19,24 improved[2] 15:12 91:1
follow[1] 89:13 German[i] 44:12 53:11,15,22 61:3 72:1,18 • January[1] 1:9
followed[1] 3:5 Gilmour[s] 89:20 94:21 72:23 81:5 84:12 85:9 improvement[1] 49:20 Jason[10] 29:3,6,10 33:4
following[2] 3:6 15:2 94:23 95:4,7,16,17 99:1 88:12 89:4 94:11 100:4,8 improvements[2] 34:12 38:14,22 39:13
follows[21] 5:8 8:12 GIPE[i] 2:10 ]01:9,]3 40:21 42:11
12:22 18:8 21:4 22:7 24:3 given[6] 5:22
hearings[1] 48:12 inch[3] 90:7 97:17 98:9 Jeff[2] 97:15 98:14
,24 57:17 1
29:8 32:17 39:7 42:18 65:5 67:17 80:20 heavily[i] 74:11 inches[ ] 75:19 Jeremy[1] 29:18
Depo Court Reporting Service Index Page 4
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-PageT'y` Jim -need
January 12, 2005
Jim[1] 29:21 70:11 74:9 75:15 79:4 live[14] 12:24 18:16 22:9 39:2,5,9 41:6 42:22 43:23 mom[1] 19:4
job[21 16:17 93:6 91:5 24:5 65:1 69:16 79:24 46:18 moment[2] 47:5 54:15
John[15] 2:14 6:2 8:11 lands[11 58:24 85:22 93:2 94:2 95:17 master[s1 55:20 58:8 money[3] 42:7 94:4
8:11,15,18,18,22 12:14 landscaping[2] 15:1398:15
15:21 19:3 25:12 26:2 17:11 li97:9,9, 23 59:1 60:24 69:13 86:5,12
ved[2] 21:12 24:6 87:22 Montgomery[2] 60:4
48:3 49:7 lane[s1 13:1 21:11 22:9 lives[11 42:20 material[2] 54:7 67:15 70:5
join(11 6:20 22:20 49:15,16,21 91:1 living[11 69:16 matter[3] 1:7 11:7 52:17 months pi 23:22
JONES[4] 2:8 27:6 lanes[2] 49:17 87:7 LLC[101 4:11 27:24,24 maximum[z1 36:14,14 morning[1] 87:2
50:22 100:6 language[11 58:7 29:11,12,20,22 51:9 73:1 may[30] 17:23 30:17 32:4 most[5] 18:20 23:13 39:8
Joseph[2] 21:2,1084:15 38:14 53:1,1,21 73:2,17
Plarge[5] 38:1 55:20 56:17 74:20 86:16
judgments[11 99:20 57:1 61:14 Locally[1] 55:17 73:20,21 77:9,12 78:1,15 mostly[11 34:12
Judith[2] 24:1,4 larger[71 16:3 59:14,16 locate[1] 37:20 78:19 79:12,17,22 80:9
g80: ,
1323 81: ,1115,24 82:6 Mother[1] 98:17
Judy[z] 89:20 94:21 64:5 69:2,9 88:4 located[101 4:19 33:21 82:12,23 83:11 89:24 motion[17] 3:3,18,19 4:6
July[2] 54:24 55:24 LASALLE[11 101:2 58:2 62:4,10 63:7 64:15 McDermott[11 52:16 26:2,19,21 27:3,12,13,21
73:9 75:24 86:7
jump[ ] 67:6 last[2] 31:9 32:7 47:20,24 50:4,19 51:5
1 locating[11 62:5 McVickers[26] 4:11 100:4
June[3] 54:9,24 55:24 late[2] 77:3,12 8:11,13,15,16 9:1,21 10:1
7USTIN[1] 2:14 Laurie[11 74:18 location[2] 38:11 70:12 10:3,8 11:14,19 12:5,15 move[6] 20:3,13 25:8
lead[1] 98:12 long-range[1] 41:8 13:4,18 15:22 17:9,15 46:12,13 56:6
least[a1 15:15 24:17,18 long-term[3] 17:24 19:2,14,19,21 22:12 23:7 moved[13] 3:7,9,20,22
-K- 41:16,18 23:10 25:11 27:4,7,14,15 50:21
99:11
keep(101 44:15 58:6,9,11 lon50:23 100:5,7
ger(11 71:6 mean[6] 40:7 41:21 66:9
59:6,10 75:9,20 77:3 Lee[zi 73:2,22 71:10 82:18 87:16 moving[3] 33:1 36:9
left[4] 49:17 53:5 55:3,7 look[12] 30:18 56:22 63:4
91:1766:11,12 68:24 74:15,19 means[2] 15:14 63:3 61:4
keeping[5] 59:8 67:11 legal[31 25:22 72:17 76:22 90:14 97:12 98:5 measure[1] 64:21 Mrs[1] 31:10
82:21 87:22 88:3 88:11 looked[2] 70:10 71:6MS[sol 2:4,5,10 3:7,8
less[2] 45:13,18 measures[11 66:13
Kendall[121 4:13,21 28:2lookingpsi 31:15 35:1 18:9,13,15 19:11,15,20
meet[11 38:10
28:4,9,10 73:4,12 84:17 lesser[1] 87:22 45:23 48:22 66:16 74:22 20:15,21 24:4 26:22 27:2
84:19,24,24letter[4] 89:17,19meeting[a1 1:1, 6 23:22
94:20 76:6,11,17 78:20,24 79:2 27:17 39:8 41:19 45:9,12
kept[2] 60:14 76:23 95:8 83:8 86:20 91:22 100:13 45:17 46:2,15,19,24 47:7
Kevin[7] 53:6 54:3,16 License[1] 101:21 Lord[1] 98:15 meetings[1] 41:1 47:14,23 50:21 73:20 77:9
54:19 65:21 66:7 71:9 lieu[1] 46:5 loss[1] 98:16 Melissa[31 73:2,17,21 77:12 78:1,15,19 79:12
members[11 51:20 79:17,22 80:9,13,23 81:11
kicking[1] 96:16 light[2] 86:23,24 lots[20] 10:14,19,22,23 81:15,24 82:6,12,23 83:11
kid[1] 94:5 lights[1] 24:16 31:2 35:15 36:2,6 59:15 membership-based[1] 100:5
kids[3] 44:14 62:15 65:18 limitations[2] 20:8,8 59:16 61:3 64:19 74:11 64:23
mud[11 96:17
78:1 79:17,18 81:14 82:4 mention[2] 65:23 72:10
kill[3] 40:2 42:6,8 limited[2] 9:7 14:9 multi-family[2] 30:20
kind[111 12:6 19:1691:6 92:1 mentioned[2] 34:12 30:24
LINDBLOM[133] 2:2 lowest[1] 97:10 90:23
21:19,20 34:2 43:9,9 3:2,9,13,16,18,22 4:1,4,6 multi-zoned[1] 76:1
70:15 88:15 93:1,14 LUCIETTO[5] 2:5 3:8 merely[11 13:8
5:3,17,21 6:11,14,19 7:1 27:2,17 100:5 multiple[1] 36:21
Knoppe[1a1 5:6,9,10,10 7:6,9 8:4,21 9:4,15,19,24 met[3] 32:6 41:2,2 must[2] 5:12 81:22
5:20 6:2,13,16,23 7:4,8 10:2,4 11:11,15 12:3,13 Lundquist[5] 29:17 microphone[2] 18:12
7:16,23 8:8 12:16 14:2 15:20 17:6,13 32:15,18,19 43:14 28:18
18:1,11,14 20:16,23 21:8 -N-
knowing[11 79:8 middle(�1 44:1 61:10
knows[31 39:24 90:24 222,15 23:6,9,19 24:21 -M- 65:15 71:3,4,7 96:15 N[2] 2:1,11
24:24 25:3,5,11,18,21
96:14 26:1,6,9,11,18,24 27:4,7 M[31 1:8 101:4,20 Midwest[2] 51:9 84:14 name[20] 5:9 18:9,15
Kosinski(111 18:6,9,10 27:11,15,18,21 28:15 Ma'am[1] 93:18 might[1a1 15:23 23:7 21:9,10 24:4 28:18 32:19
18:13,15,16 19:11,15,20 38:21 40:19 42:13 44:19 44:20 52:7,12 65:19 68:23 39:9 42:19 52:14 72:4
machine[11 40:11
20:15,21 45:1,8,11,15 47:15,21,24 69:18,18,19 78:20 79:9 73:20 77:17 78:7 85:14
KRAUPNER[1] 3:20 49:7 50:3,7,10,12,18,23 main[31 62:4 91:12,13 80:16 90:11 85:21 88:20 95:16 97:8
51:3,5,14 52:6,12 65:21 maintain[2] 75:3 93:9 Mike[6] 2:9 40:19 41:2 namely[1] 63:15
-L- 71:9,17,20,24 72:3,14,19 maintained[1] 15:5 48:2 92:13,15 Naperville(11 2:13
72:21 77:6,13,16 78:5,7 major[31 44:16,17 57:19 mile[3] 62:6 66:14,15 national[11 55:14
lack[1] 9:8 79:10,15,18 81:4 83:7 majority[2] 30:15,22 Mill[2] 14:16 73:10 nationally[11 55:16
Lacom[5] 59:23 60:21 84:4,7,11 85:5,7 88:10,23
63:16 68:8,18 89:2,7,18,22 90:8 92:6,15 makes[11 61:18 mind[1] 92:7 natural[2] 75:3 90:6
laid[1] 80:2 93:18 94:20,24 95:15 management[4] 56:14 mine[1] 40:3 nature[4] 56:23 59:9
lakes[11 87:17 96:23 99:3,8 100:7,11,13 62:23 63:1,22 minimize[1] 31:7 64:14 98:17
LINDBLOOM[11 manufacturing[z1 minimum[3] 31:1 36:13 naughty[11 40:12
land[49] 17:1 21:7,17 77:11 10:16 76:2 92:4 near[21 43:7 64:16
37:18,24,24 38:6 41:24 line[8] 11:17 16:7 22:19 ma [11 58:3
42:1 46:5 48:6,14,15 55:9 p minutes[1] 53:15 nearby[11 71:6
56:5,8,14 57:13,14,15,17 23:3 31:22 43:17 69:5 maps[11 51:21 miss[1] 84:3 necessarily[1] 69:20
82:19
57:19,23 58:14 59:12,18 lines[3] 8:5 11:1 16:11 market[11 69:15 mistaken[11 17:18 necessary[11 54:2
60:1,23,24 61:5,15,15Marshall[s] 12:20,23 moderator[1] 29:10 need[5] 13:14 15:23
62:1 63:4,13,14,21 66:10 link[1] 60:17 12:24 13:16 14:5 modify 29:24 49:4 81:20
67:5,19,21 68:12,15 69:2 listening[1] 99:7 Mary[11] 18:6,9,11,15 y[11 34:1
Depo Court Reporting Service Index Page 5
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page negative- preceding
January 12, 2005
negative[ii 76:10 Oakland[11 60:24 ordinances[1] 21:24 past[2] 22:1 94:9 59:10 68:10 75:21 98:3
neighbor[2] 19:23 96:12 Oaks[4] 51:8 73:1,21 original[s] 14:13 17:15 path[i] 69:14 100:17
neighborhood[32] 91:16 26:23 70:24 74:24 patience[1] 99:10 plan[123] 1:1 5:8,15 6:13
34:14,23 56:13 57:4,21 oath[4] 51:12 52:19 54:4 originally[4] 21:16,21 Patricia[3] 16:11 22:9 8:1,12 10:13 12:22 14:24
57:22 58:16 59:17 60:8 101:5 37:20 76:18 22:20 16:23 17:15 18:8 21:4
61:18,24 62:3,7,12,13 object(1] 18:18 Orton[6] 22:5,8,8,14,17 paved[1] 98:11 22:7 24:3 29:8,18 30:19
64:1,16,23 65:2,8,9,14,16 ob ection[3] 24:13,15 23:20 30:19,24 31:6 32:4,11,17
66:24 67:2 68:6 69:1,5,11 -• pay[1] 38:9 33:6,9,14,19 34:1,4,7,9
41:21 otherwise[1i 23:14 34:12 35:1 36:17 37:16
69:14 88:1,4 PC2004-06[2] 51:7
neighborhoods[4] objections[1] 7:10 ourself pi 97:2 72:23 39:7 41:8,17,18 42:18
62:14 63:8 67:16,19 obviously[s] 43:23 74:5 outfit[1] 93:11 PC2004-31 [2] 4:9 44:23 47:10,11 48:5,8,11
85:10 86:21 87:2148:13,21,22,23 49:1,3
neighbors[6] 19:11,15 overall Li] 58:19 26:13 52:5 54:9,10,12,13,14,22
21:18,20 93:13,22 occurred[i] 68:20 owe[ii 9:7 PC2004-32[3] 51:8 54:23 55:1,2,3,5,7,8,8,20
neither[21 12:1,10 Off PI 16:9 18:21 33:17 own(21 56:13 81:21 73:1 84:12 55:22 56:1,5 57:5,14,16
Nelson's[2] 97:16 98:14 39:16 40:7 44:9 74:2 owned[1] 10:15 PC2004-33[2] 51:9 57:17,19 58:8,15,20,21
90:14 91:16 84:14 59:1 60:6,7,24 62:19 63:4
net[1] 86:11 owner[4] 31:8,17 78:14
offer[21 53:1 54:4 PC2004-35[2] 27:23 66:12,16,20,21,24 67:5,9
never[4] 19:4,4 45:13 82:2 67:12 68:12,15 69:1 70:22
offering[4] 52:20 53:9 47:20
94:13 owner/developer[1] 70:24 71:2 72:8 73:19
53:20 69:10 14:21 peacracker[1] 42:21
new poi 52:9 53:24 55:8 office[9] 6:1 75:1,1 74:15,24 77:21 78:12,16
57:5,16 58:21 67:9 68:18 owners[6] 30:16,23 31:4 pedestrian[1] 40:2 79:21 82:21 85:20 86:5
71:12 87:24 76:18 80:5,6,7,11,19 81:21 89:3,6 pending(ii 36:22 86:10,12 87:16,16,22 88:8
offset[1] 17:11
news[1] 40:1 ownership(1] 16:16 Penman[s] 33:10 41:5,7 91:3,4 92:12 95:6 97:7
Old[9] 57:17 58:6,20 41:10,16 lanned(3] 4:14 7:21
next[1] 94:13 60:13 69:1 71:1 83:17,21 owns[i] 90:3 P
nice[2] 91:11,17people[26] 4:7 16:20 82:13
87:23der _ 20:7 25:16 28:17 38:20 planning[6] 17:22 29:17
nicely[li 77:1 older m 69:18 -P 39:22,23 40:3,9 62:6 30:7 32:20 81:16 83:9
night[2] 14:8 71:18 Olguin[1] 29:21 P[3] 2:1,11,11 69:15 74:13,18 75:12 plans[7] 13:16 19:6
nobody[1] 85:8 once[3] 24:24 38:23 98:2 p.m[l] 1:9 76:20 82:14 85:23 87:12 74:16,17 82:24 87:6 93:4
none[3] 43:15 50:7 89:11 one[41] 15:2,3 28:22 pack[s] 10:15 16:8,15 88:14 90:10 93:2 96:1,8 planting pi 40:8
nor(zi 12:1,11 33:15 36:23 38:1 40:12 23:15 42:5 98:3 99:18
93:5
north[p] 10:24 23:12 42:20 43:24 45:9 53:14 (1] 44:21 people's[2] 98:23 99:5 play[1][ 1
33:10 60:5 62:9 63:8,18 55:15 62:6 69:6 72:2 74:5 page per[s] 34:18,21 48:19 playing(1] 43:6
78:18,18,19 79:1,3,11 paper(1] 79:14 86:11 89:10 Pledge[1] 3:1
north/south[5] 62:4 81:14 82:13,20 86:7,19 paragraph[1] 14:20
65:7,16 66:15 70:13 87:24,24 89:21,23 90:21 paragraphs[1] 14:13 percent[2] 15:15 71:11 plenty[1] 16:15
northeast[1] 60:20 P PPermaster[17] 78:6,10 point[33] 6:23 7:2 10:9
91:12 93:6 95:21 96:14 parcel[4] 14:24 53:11 78:13,13,16 79:7,14 81:7 13:4,15 16:4 27:12 31:11
northeastern[3] 30:21 96:24 97:10 98:9,9 99:12 68:18,18 81:12,18 82:5,8,20 83:5 38:13,17,21 42:1 43:14
35:24 36:7 one-acre[1] 10:19 parcels[5] 53:12 74:9 83:10,15,24 44:7,8,10,17,20 51:23
Northgate[4] 59:22 One-Family[3] 28:5 78:17 79:1,13 permit[2] 14:23 49:11 56:7,20 57:10 59:13 60:2
63:15 68:4,6 73:6 84:20 ark[z4] 36:24 37:7,9,12 61:5 66:6 78:22 81:16,24
northwest[z] 4:19 33:18 P person pi 28:23 82:23 84:24 86:19 90:9
onto pi 31:11 37:13,14,22,24 38:1,5,5,8 Personally[1] 79:21
northwestern[II 36:7 opacity(1] 15:14 38:12 45:12,17,20 46:6 points[2] 15:21 36:21
notes[2] 95:11 101:11 46:13 57:4 62:3,12 73:11 perspective[2] 66:18 ponding[1] 31:6
open pm 37:5,10 75:1 76:4 80:19
nothing[5] 41:20 46:3 38:7,18 45:22 56:17,22 ponds[1] 63:5
47:4 61:6 99:16 57:5 58:19,19,21,22 60:10 Parking[3] 8:3 11:16 pertain[11 28:16 pool[2] 64:18 65:3
60:11 61:9,14 62:19,19 64:19 Peteui 29:22
notice[1] 53:15 Poppers[14] 29:6,9,11
notices[2] 88:11 89:14 63:24 64:4,4,10 65:24 parks[2] 62:4,7 petitioner[13] 4:11 5:4 38:16 40:24 43:18,21 44:3
67:6,22 68:14 85:11 part poi 6:14 16:3,6 35:8 8:7 25:16 51:9,15,19 44:7,24 45:19 46:4,17,22
notified[4] 89:10,11,16
opens[1] 63:13 48:3,16 58:12,13 66:3 73:14 79:10 84:15 85:3,8
99:18 P population[1] 64:5
opinion[3] 67:10,14 68:6 99:20
now[421 9:23 16:2,6 P portion[6] 34:13 53:11
87:21 partially[1] 77:23 petitioners[2] 27:24
17:19 18:21 22:18,23 63:4 67:3 72:22 84:12
opportunities[1] 65:18 participate[1] 66:1 73:2
23:15 25:19 26:12 31:15 PP P P [2]
portions61:10 68:1
33:7,22 39:19 40:13 42:23 opportunity[3] 14:12 particular[s] 39:13 petitions(1] 19:12 OSitio 20:6
43:8 46:8 48:10 57:19 55:19 95:9 52:17 53:11,15 57:4 58:15 Petroleum[2] 5:23 8:24 P
58:15,24 59:12 60:20 opposed[7] 3:16 4:4 74:23 96:5 Phase(1] 79:6 positive[2] 61:16 63:12
70:23 71:3,14 72:24 78:24 26:9 50:10 51:3 81:2 particularly[2] 40:3 Phil[2] 12:20,24 possible[s] 74:7 75:9
79:3,8 82:10,10 83:6 100:11 81:875:21 77:4 80:11
84:14 85:11 86:7 87:1 photographs[�] 87:13 possibly[s] 10:5 37:17
91:2 96:14 97:20 98:18 opposition[1] 19:24 partner[3] 8:18 19:2 pick[1] 14:12 38:6 47:11 81:2
o tions[1] 13:19 73:22
number[NI 3:4,6 4:9 P pictures[41 90:13 91:7 post[1] 94:8
13:19,20 47:15 55:15,18 oral[11 54:21 party[1] 92:23 91:14 97:15 potential[6] 13:20 33:20
62:15 64:5 order[3] 26:23 37:7 72:16 Pass[3] 51:22 74:18 piece[s] 12:1 21:6 37:18 36:20 46:9 56:24 57:1
numbers[1] 57:1 ordinance(si 11:21 12:8 90:10 43:10 81:19
16:23,24 17:4,18 42:4 passed(1] 78:17 iecemeal[1] 52:8 potentially : 13:10
P 17:21 63:19 71:5
-0- 89:10 passes[4] 3:18 4:6 27:21 place[9] 43:3 58:6,10,12 preceding[1] 72:18
51:5
Depo Court Reporting Service Index Page 6
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page`m preliminary- scares
January 12, 2005
preliminary[3] 8:1 37:24 46:6 61:13 62:24 ratify[i] 25:23 relief[1] 32:23 reviewed[2] 45:3 87:16
44:22 74:16 64:6,11 69:4 reached[1] 30:15 remain[1] 70:9 reviewing[1] 48:11
prepared[1] 53:18 provided[2] 17:18 37:11 read[5] 3:4 4:10 14:18 remainder[1] 38:9 rezone[3] 30:13 78:20
present[2] 9:16 53:14 provides[3] 11:21 17:4 94:22 95:7 remaining[1] 60:9 79:8
presentation[2] 9:14 67:6 reading[1] 11:20 remember[1] 94:4 rezoning[7] 28:4 29:14
38:17 providing[6] 36:18 real[9] 4:18 28:7 30:2,5 reminded[1] 14:19 51:16 73:5 74:9 83:9
presented[2] 29:1 30:24 56:17 61:8 62:22 65:7,8 35:22 67:7 73:8 84:22 84:18
Provisions[i] 43:9 87:10 Remline[z] 21:16 24:9 rich[1] 37:2
preserve[6] 35:5,6,15 P removed[1] 9:2
35:21 91:20,21 public[40] 3:4,5,19 6:4 realize[3] 41:22 74:12 Riggs[4] 97:5,8,8 99:4
pretty[4] 19:22 20:1 7:6 9:5 12:18 25:6,9,12 90:14 removing[21 58:4,4 ri•
ght[33] 8:21 12:5 16:2
71:12 92:22 26:3,11,20 27:12,16 38:23 realized[1] 54:7 renotified[2] 89:3,4 16:6 17:19 19:14 22:14
previous[1] 70:24 45:6 47:8,20 48:3,12 50:5 really[16] 10:12,20 11:2 repeat[3] 5:1 20:17 28:13 22:17,23 25:19 28:12,24
50:12,19,2427 53:22,23 11:7 12:1,10 16:7 19:9 repeating[1] 97:1 31:15,20 33:6,22 40:24
previously[1] 21:14 71:14,22 72:23 77:14 p g
primary[1] 35:2 84:12 85:9 88:12 89:4 20:14 23:5 34:8 38:16 REPORT[1] 1:6 42:20,21 43:11,16 44:1
41:5 46:22 97:13 99:16 47:14 49:16 53:6 55:8
private[3] 16:10 22:19 94:11 100:4,8 101:9,13 reported[3) 26:17 50:17 71:14 78:24 79:3 83:6
64:14 PUD[1s] 6:5,13,14 7:15 rearranging[1] 56:8 101:8 94:13 95:23 96:14
problem[11] 16:5 22:24 7:16 9:17,22 10:2 11:6 reason[s] 11:9,19 17:3 reporter[4] 28:22 95:2 right-of-way[s] 17:22
41:14 86:22 87:7 88:7,8,9 55:5 56:1 59:3,3,4,4 17:20 20:17 57:11 74:23 101:6,7 35:12,14,21 98:8
97:14 98:1,13 pull[1] 92:21 80:14 reposted[2] 88:22,24 risk[1] 82:13
problems[1] 86:18 pulling[2] 31:24 39:18 reasons[1] 14:7 represent[1] 39:9
received[2] 20:9 71:1 p River[3] 51:8 73:1,21
procedure[1] 25:15 purchase[1] 10:17 represented[2] 86:7 Rivers[1] 91:8
proceedings 6 1:6 purpose[1] 80:12 recent[1] 31:9 92:24
p26:15 50:158100:16 101:9 Recently[1] 31:9road[3s] 1:10 23:11 28:9
101:13 purposes[2] 17:24 56:23 recognized[1] 8representing22t [3] 29:19 33:10,11 35:5,18,22 36:20
pursue[1] 13:24 41:5,6,7 42:5,23 43:5,7
process[9] 20:19 30:13 recommendation[3] republished[2] 88:13 49:20,22 60:17 73:10
30:14,17 31:6,18 53:19 put[1s]110:5 13:17 14:8 46:11,18 48:18 99:17 76:16 84:23,24 86:18 88:7
60:4 70:5 21:19,21 24:9 26:21,22 90:18,24,24 91:11,13,17
26:24 51:20 74:1 88:6 recommending[1] request[9] 9:2 11:3,9
product[5] 68:20,22 69:5 91:22 93:14 98:18 45:24 13:2 17:3 20:1 33:11 93:10 94:1,2 96:9
69:15,24putting[s] 37:17 41:12 reconfigured[1] 23:12 41:15 48:24 rode[1] 94:9
products[21 14:16 70:1 78:21 80:17 97:23 record[ii] 4:11 48:1 requested[11 53:17 room[11 25:16
professional[9] 52:24 52:18 53:10,17 54:7 72:17 requesting[5] 4:13 28:2 roughly[1] 67:1
53:3 75:2,11,12 76:7,8,13 -Q- 77:17 94:16 95:2,12 32:1 73:4 84:17 route[19] 4:20 24:5 28:9
101:6 recorded[1] 28:21 requests[2] 10:20 37:15 35:2,10,16,24 36:6,8,19
professionals[1] 53:1 qualify[1] 53:4 recreation[1] 64:7 require[3] 8:2 49:11,14 39:17 42:22,22 49:11
project[9] 20:3,13 30:8 quarter[2] 62:6 99:15 recreational[2] 56:23 required[3] 7:18 15:5 57:13,18,20 97:22 98:12
30:10 44:2,17 53:3,8 54:5 questions[16] 5:15 8:9 64:13 83:14 rule[1] 89:8
properties[3] 63:9,15 28:19 29:24 38:14,19,20 reduce[4] 36:5 38:8 requirement[2] 38:7 rules[3] 28:16 85:13
67:23 38:24 43:8 66:8 72:15 89:13
73:24 74:3 77:5 78:5 81:8 45:24 46:12 88:4
property[86] 4:18 10:15 reduction[1] 10:23 rerouted[1] 16:11 run[1] 42:2
10:18,24 13:17 14:3,14 quick[2] 30:5 67:7 run-off[3] 90:6 96:11
16:3,6,7,9 18:17 21:14 quickly[2] 20:1 30:2 redundant[1] 14:18 reside[1] 21:11 96:21
23:12 24:11,12 28:7 30:14 quite[2] 58:5 74:13 reference[1] 54:1 residence[4] 16:14 28:5
30:16,23 31:4,8,12,16,20 q referenced[1] 55:22 73:6 84:20 running[4] 66:15 90:17
31:22 32:2 33:21 37:22 residential[13] 15:8 94:5 96:13
_R_ referendums[1] 96:3
40:7 43:10 44:9,14 45:23 34:13,16,20,22 61:21,22 runs[1] 31:21
referring[1] 40:21
46:10,14 48:24 51:8 56:15 R[2] 2:1,11 62:1 65:10 68:7,15 76:2 rural[2] 58:10,10
57:24 60:21 61:11 62:11 refreshing[1] 15:23 76:24 rush[�] 87:3
R-1 [1] 73:5
66:9,13,19 67:2,3,22 68:1 regard[5] 11:6 15:24 residents[5] 15:17 64:2
68:8,11,14,16 73:1,8,22 R-2[8] 28:5 29:14 48:24 16:13,18 87:13
64:4,22 95:12
75:2,5,6,17,23,24 49:3,5 59:2,3 84:20 -s-
74:22 regarding[7] 4:10 5:15 resistance[1] 13:12
76:8 78:14 81:19,21,23 R-3[2] 51:16 59:4 13:12 27:23 32:22 49:10 S[2] 2:1,11
82:2,10 83:6,18 84:22 R-4[2] 51:16 59:4 74:1 respect[2] 34:8 53:20
88:22 89:1,3,6 91:8,21 response[20] 3:12,17,24 safety[1] 44:13
94:9 96:5,15 98:19,23 R.P.R[1] 1:8 regardless[1] 7:24 4:5 20:10 24:23 25:2,4 sand[1] 64:19
99:5 races[1] 94:6 regional[s] 56:18,23 26:5,10 45:7 50:6,11 51:4 SANDRA[1] 2:4
proposed[16] 36:24 37:7 railroad[1] 98:7 62:21 63:10,20,23 65:23 71:23 84:6,10 85:4,6 sanitary[2] 66:1,3
48:10,21,23 49:13 58:8 rain[2] 90:7 98:9 66:4 100:12
59:19 60:1,23 62:3 67:8 Registered[1] 101:6 restrict[1] 49:4 Saratoga[2] 60:3 70:3
Raintree[�] 30:4 33:17 saturated[1] 97:18
67:11 86:2 91:8 95:18 33:22 36:23 41:9,9 46:20 regulations[1] 36:12 restriction[1] 97:21
proposing[8] 34:17 raise[2] 5:1 28:12 reiterate[3] 39:15 47:3 resumes[1] 52:24 save[1] 20:21
49:19 58:16 60:8 64:13 83:8 saw[2] 54:14 97:15
raised[1] 47:16 retain[1] 16:16
67:20 69:2 71:2 reiterating[1] 39:19 says[s] 15:13 39:20
rood[1] 79:23 ran[2] 19:23,24 retention[3] 37:4 87:18 79:14 94:11 101:5
P relate[3] 10:12 66:21 96:21
ranked[1] 55:15 scallo ed
prove[1] 49:12. 69:24 p [2] 11:17 12:1
provide[9] 4:14 35:19 rather[z] 36:1 52:8 relatively[1] 32:11 � 9 61:7 33:6 441:4 scares[1] 80:4
Depo Court Reporting Service Index Page 7
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Pagem1 scenic - thousand
January 12, 2005
scenic[3] 35:5,6,16 68:4 solving[1] 90:20 station[201 4:17 6:21 suppose[1] 95:22
SCHILLINGER[12] short[2] 71:10 88:5 sorry[15] 8:13 21:8 22:3 7:11 8:24,24 13:2,3,6,13 supposed 0-1 5:12 24:10
2:7 7:13,19 47:2,9,19 shorter[I] 17:14 25:13 26:20 45:15 65:22 13:14 14:1,7,9 18:23 19:1 41:10 46:15
79:20,24 80:10,20 81:1 70:8 71:22 77:9,12,22 19:6,13,17,18 57:24 rise[11 94:15
shortest[1] 74:5 s urP
83:2285:7 88:23 90:1 station/day[1] 20:19 surround[1] 62:14
schmooz[11 41:22 shorthand[3] 101:6,8 sound[1] 96:18 stations[1] 18:21
101:11 surrounded[2] 59:13
Schneller[3] 85:18,21 shot[z] 86:21 90:15 sounding[1] 82:13 stay[1] 99:15 59:17
85:22 south[17] 15:616:12,18 Stenger[4] 21:2,5,10,11 surrounding show[6] 48:14 92:21 g[5] 59:12
school[241 33:21 37:17 93:12,14 17 95:10 16:20 17:8 33:22 36:20 step[1] 28:17 67:16,18 69:14 77:1
37:21,22 38:2,3,10 46:10 36:23,24 43:12 46:13 58:8 Stewart(a1 27:24 29:11 swear(31 25:20,22 94:10
46:11,20 56:14 62:8,9,16 showed[1] 68:15 59:14 63:9 65:14 73:11
29:19 30:10 in
65:17,18,20 70:21 71:3,4 showing[5] 5:24 20:4 96:16 swearing[1] 27:22
71:5,7,8 95:21 33:9 80:7 91:9 southeast[a] 11:18 Stewarts[1] 42:11 sworn[25] 5:2,7 12:21
schools[2] 46:20 96:1 Shown[1] 8:1 60:22 63:17 70:17 Still[31 19:17 40:8 87:8 18:7 21:3 22:6 24:2 25:16
Schoppe[4] 2:9 40:20 shows[1] 41:7 southern[3] 32:2 61:10 stone[1] 23:21 25:24 28:14 29:7 32:16
41:2 48:4 side[16] 10:22 11:13,22 63:7 Stop[1] 23:2 39:6 42:17 51:13 54:20
72:7 73:18 77:20 78:11
scope[1] 82:14 12:1,8 16:1 22:16 33:1 southwest[3] 28:8 58:16 store[1] 80:22 85:19 92:11 95:5 97:6
Scout[1] 93:6 60:5,5,10 62:9 65:15 61:1 storm[1] 63:10 101:5
83:22,24 84:2 space[zs1 11:2 16:9,15
SEC[21 29:17 32:19 P stormwater[12] 33:3 sync[1] 32:12
second(1s1 3:8,21 8:17 sidewalks[3] 82:22 83:1 37:5,10 45:13,18,22 56:17 56:14,18 62:20,21,23,24 system(a1 65:14 66:2
25:10 26:3 27:5,6,16,17 83:3 56:22 57:5 58:19,19,21 63:5,11,20,22 87:20
47:22,23 69:21,22 78:21 sight[1] 49:13 58:22 60:10,11 61:9,14 67:11 69:14
62:19,19 63:24 64:7,10 Stough[14] 53:6 54:3,19
79:9 83:17,21 100:6 sign[41 20:4 89:15 94:8 65:24'67:6,22 68:14 54:22 65:22 66:11,23 _T_
seconded[9] 3:10,23 94:11 67:17 68:3,21,24 70:3,23
25:12 27:8 48:1 50:4,22 signed[1] 19:12 speak[6] 4:8,9 24:22 72:13 T[1] 2:1
50:24 100:8 significant[5] 13:12 85:23 87:24 95:1 straight[3] 7:14 29:14 table[1] 18:22
Section[1] 14:20 37:5 49:24 75:19 76:14 SPEAKER[1] 93:16 81:3 takes[2] 40:12 93:10
see[12] 32:4 43:11 74:14 Signify[s] 3:14 4:2 26:7 speaking[5] 5:4 33:23 strategically[1] 62:10 taking[1] 17:1
51:18 73:14 82:8
76:14 84:7 88:5 89:24 27:9,19 50:8 51:1 100:9 street[12] 22:10 23:21 taught[1] 19:4
90:4,11,15 92:4 94:10 Silver[1] 91:15 special[111 4:16 5:22 6:5 70:2,6,7 73:10 83:23 84:1 teacher[1] 95:22
seeing[1] 95:9 6:7 7:5 10:1 11:4 13:6,24 84:2 91:20 95:18 97:13
similar[11 79:6 80:11 81:2 teams[1] 64:7
self-inflict[2] 98:22 simple[z1 11:3 59:13 streets[4] 65:11 67:19
99:4 P specific[31 7:15,20 97:23 98:11 Ted[71 29:16 30:6 32:13
simplify[1] 52:13 73:24 32:15,19 85:18,21
Selkin[5] 77:15,19,22strictly[2] 47:3,13
simply[a] 34:15 38:9 specifications[1] 34:10 ten[1] 11:17
77:23 78:4 stub[2] 41:12,22
58:3 80:22 spent[1] 18:20 ten-foot[2] 17:16,16
send[3] 63:10,19 89:14 single[6] 29:15 31:1 spokestuff[11 72:10
g [2] 37:19 52:5 tenants[1] 76:11
sense[2] 70:18 79:7 34:16 59:3 69:1,9 style[1] 20:9
sensitive[1] 16:19 single-family[2] 60:10 spokesperson[2] 29:4 subdivide[1] 10:18 tennis[1] 64:18
sent[11 88:12 62:1 subdividing[1] 16:8 terminates[1] 37:10
spot[1] 8:14 testified[20] 5:7 8:12
separately[1] 10:18 Sit[1] 88:16 subdivision[4] 36:12
spring[2] 96:3,1412:21 18:7 21:3 22:6 24:2
September[121 52:17 site[46] 10:9,14 11:8 43:4 96:9 98:18 29:7 32:16 39:6 42:17
53:7,12 54:10,14,14 55:3 13:10,21,22 14:24 15:7 springs[z1 91:15 96:7 subject[5] 14:23 15:7
springtime[11 56:12 � 54:21 72:7 73:18 77:20
56:2,3,11 67:9 70:22 18:18 23:17 30:2,5 32:2230:2,22 81:22 78:11 85:19 92:11 95:5
service[3] 4:15,16,17 32:23 33:2,14,21,23 36:24 square[8] 31:2 36:14,15 submitted[4] 5:16 15:1 97:6
set[s1 21:17 23:20 34:22 37:17,21,21,22 38:2,3,8 64:21 69:7,8,8,12 52:23 70:22 testify[2] 53:4,21
38:10,12 46:10,11 55:5 ss(11 101:1
87:1 101:14 56:1,14 57:24 62:9 64:14 subneighborhoods(11 testimony[101 9:8 25:17
setback[111 6:16 7:17 65:3,17 70:21,23 71:3,3,4 staff[4] 38:11 41:3 45:3 65:12 38:22 48:16 52:20 53:2,9
7:19 8:2 15:5 16:1 17:17 71:6,6 86:9 49:23 substantial[9] 35:9,11 53:20 54:4 56:10
24:15 35:11,13,20 stand[4] 5:1 51:11 85:14 35:19 61:9 62:15 63:24 thank[23] 18:14 20:15
sited[2] 37:6,14 93:16 66:19 67:5,20
setbacks[8] 10:22,24 20:23 22:2 23:5,6,23
11:13,21,22 21:19 35:23 sites[11 88:4 standard[3] 21:24 34:22 suburban[8] 34:13,16 24:20,21 26:1 28:15 38:15
91:16 sitting[1] 43:20 48:23 34:19,20,22 48:15,17 67:2 40:4 71:16 72:20 78:4
sets[2] 34:2,17 six[3] 38:9 46:1 87:7 standards[4] 15:2 36:10 successors[1] 14:21 79:22 84:13 92:5,6 94:19
setting[1] 91:13 size[7] 36:13,15,16 46:12 36:12 49:5 Such[3] 17:2 46:7 62:5 96:21 99:23
75:19 86:8 96:21 Standing 1 theirs[1] 68:13
several[2] 32:7 75:18 g( 1 53:5 sufficient[1] 36:18
sewer[�1 66:1,3 81:10,13 sized[1] 92:1 standpoint[11 65:5 suggest(11 81:2 therefore[1] 30:24
81:22 82:9,18 slap[1] 93:1 start[2] 51:19 97:1 suggested[1] 40:6 they've[1] 40:16
shades[1] 92:8 slightly[1] 79:1 started[1] 57:8thinks[11 4:8
suggestion[1] 16:12
shall[a1 14:24 15:3,5,12 small[3] 34:13 66:12 starts[1] 20:20 Suite[1] 2:12 Thompson[3] 8:11,19
sharing[1] 37:22 84.1 state[101 28:18 49:11,12 Sunday[1] 90:19 19:3
Shaw(11 29:19 smaller[1] 65:11 49:14,23 72:4 85:14 88:20 thought[6] 8:17 43:2,20
Smith[11 29:23 101:1,7 Sunny[1] 39:9 70:11,16 80:18
shepherd[1] 44:12 superimposed[11 60:7 thousand[11 66:17
Shopping[3] 63:15,16 solve[2] 87:6 90:21 statements[1] 28:19
Depo Court Reporting Service Index Page 8
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page' three - zoning
January 12, 2005
three[8] 10:8,14,19 15:21 trees[7] 75:8,9,16,18,21 uses[21] 6:5,6 7:24,24 8:5 widen[i] 87:6
24:18 51:11 83:19 86:11 78:2 98:16 10:1 15:8 19:8 56:8,15 widened[1] 87:7
three-acre[1] 10:14 true[2] 62:12 101:10 57:16 59:12 60:1,24 61:5 wife[1] 95:21
through[24] 7:7 14:6 truth[i] 40:14 61:15,16 62:1 65:3 67:20
30:8 0 35:66 37:12 69:21 willing[i] 42:10
41:10 42:2 49:23 54:5,16 33[lo] 16:4 30:16 31:7 usually[2] 55:14 94:16 wisdom[i] 64:10
33:5 34:1,5 35:4 39:13
55:15 60:4 65:8,9,15 87:2 56:6 74:66utilities[1] 17:1 wish[4] 7:2 39:2,14 85:12
87:9 88:16 93:2,20 94:18 king[12] 13:8 30:13 utility[1] 17:22 wishes[6] 4:8 12:18 18:3
96:17 98:15 31:5,15 35:8,15,18,21 utilized[i] 36:1 24:22 28:12 51:6
throughout[5] 31:17 37:1 39:20,22 41:22 wishing[2] 4:23 51:10
62:2 63:6 64:7 65:14 tuning[1] 56:8 _V_ within[4] 13:21 65:11
throw[1] 93:12turn[8] 30:6 32:13 38:13 89:9 97:17
tier[i] 55:18 49:15,16,17,21 95:1 vacant[i] 79:5 without[2] 20:13 97:20
Tim[2] 97:5,8turning[i] 91:1
Valley m39:10 WITNESS[1] 101:14
timed m 86:23 twenty[2] 42:7 75:19 valuable[I] 63:21 witnesses[5] 5:2 25:24
times[2] 32:7 94:9 twice[1] 25:1 value[1] 35:5 28:14 51:13 52:22
tired[i] 77:3 two[20] 10:20 42:4 52:24 Van[Iv] 33:11 73:10,11 wooded[2] 74:11 75:4
tires m96:17 54:15 55:15 57:13 74:9 74:10 76:2,3,3,5,16 83:3 Woodland[i] 73:11
today[i] 29:2 74:11 78:17,24 79:14,17 variance[2] 10:20 17:3 word[1] 9:8
together[i] 10:14 79:18 82:4 83:18 86:9 variances(4] 9:10 10:11 words[3] 56:24 61:13
87:1 96:2,24 99:15 11:10 36:11 62:22
Tom[9] 2:2 89:19 92:10 type[s] 61:12 68:20,22 variations[4] 6:17 7:17 work-out
92:13 94:2,4,21 95:4,16 [1] 64:20
76:13,21 7:20 8:2 worse[3] 42:24,24,24
tonight[19] 5:12 6:4,12 typical[1] 57:3 vehicles[i] 24:19
7:14 8:23 9:6 29:10,16 wrap[2] 97:3 99:9
31:1 47:12 74:4,5,8,13 versus m 48:21 written[2] 95:10,11
82:15 85:9 88:15 96:24 -U- view[I] 20:4
100:1 WYETH[4] 2:12,14
ultimately m62:17 views[1] 35:22 25:14,20
Tony[2] 6:9 41:1 unaware[i] 46:8 village[9] 12:11 16:24
too[2] 23:5 56:20 unbelievable[i] 90:19
17:2,2223 30:4 33:17, _Y-
took[i] 69:1 36:23 64:9
unclear(i] 12:7VITOSH[3] 1:8 101:4 Yard[i i] 10:22 11:13,21
top[2] 55:17 87:3 under[8] 10:16 12:7 32:3101:20 11:22 12:1,2,8,9 23:3
topographical[i] 32:24 33:6 40:10 54:4 98:6,7 24:19 97:16
topography[i] 75:4 understand[7] 11:12 volleyball[i] 64:19 year[3] 32:7,7 90:1
total[3] 57:6 58:22,24 20:6 52:7 61:6 82:2 87:23 years[3] 15:10 24:18
touched[1] 33:4 93:23 -W- 55:13
town[2] 58:9 86:5 understood[1] 32:9 waited[1] 88:15 yet[4] 23:21 54:12 78:23
townhome[1] 68:5 unfortunately[2] 5:11 walk[s] 54:5,16 61:23 79:5
townhomes[s] 59:4 73:23 62:6,16 Yorkville[3i] 1:2,10
60:9 70:6,17,17 UNIDENTIFIED m walk-out[1] 98:21 2:15 4:11,13,21 14:15
Township[2] 28:9 84:24 93:16 walkable[i] 61:19 15:1 27:23 28:2,3,5 29:12
traditional[2] 36:2 unimaginable m87:4 walking[1] 65:20 29:21 33:9 34:7 35:3
unit[s] 4:14 69:6,7,13 36:11 55:21 64:2 66:22
56:13 wants[4] 14:6 34:8 58:9 68:2 73:4,5,7,12 84:16,18
82:14 74:14
traffic[16] 5:13 23:1,14 84:20 85:22 86:5
23:16 24:16,19 31:23 United(i4] 1:2 2:14 4:12 waste[2] 92:22 93:21 Yorkville's p] 34:10
42:23 44:16 50:1 76:10 4:21 28:1,3,5 73:3,5,6,12 water[17] 37:4 63:10
76:15 86:16 87:10 88:6 84:16,18,19 81:9,13 82:10,18 89:24 _
90:23 units[6] 34:17,18,21 90:5,16,17,20 96:10,11 -Z
trail[9] 4:20 15:3 18:16 48:19 69:11 86:11 96:21 98:2,10 99:1 zero[1] 48:9
24:6 37:11 58:17 59:24 up[50] 5:13 10:5 11:1,5 week m 31:10 zone[2] 21:23 74:22
60:16 65:13 15:24 16:11 18:12 19:23 west[17] 10:24 15:6 16:1 zoned[4] 14:3 68:7,9
transcript[3] 54:1 72:18 19:24 22:19 23:3,3,12 16:14 18:17 22:15 33:1 76:17
101:11 28:17 31:11 33:10 36:5 33:23 36:21 43:13 60:5
41:7 43:5,11,16 48:17,18 zoning[33] 7:14 11:20
transition[3] 15:7 66:24 49:10 51:20 63:1,13,19 60:10 63:9 73:10 86:6 12:7 13:22 14:4 16:23
88:1 66:3 69:2,20,21 76:15 91:12 97:9 17:4 19:9 29:15 34:10
transitional(3] 15:11 83:12 85:11 87:1 88:18 western[i] 67:1 36:9,11 44:22 47:3,13
30:20 34:14 89:15 92:21 93:12,14,14 whereas[1] 68:14 48:24 49:3 51:16 55:4
transportation[6] 33:9 93:16 95:10,23 96:3,17 WHEREOF[i] 101:14 59:1,7,10 76:18 80:5,6,8
41:8,17,18 65:4 67:11 97:3 98:20 99:9 white[1] 91:15 80:11,15 82:17,21 83:16
trap[i] 39:21 update[2] 32:10 59:11 83:16,20
Whitehouse[2] 48:3
treating[1] 53:18 usable[i] 63:14 49:9
tree m 75:16 used[1] 94:5 whole[7] 20:19 56:3 62:2
tree-lined[1] 91:11 users[1] 13:20 62:2 69:14 93:2 94:22
Depo Court Reporting Service Index Page 9
Naperville, Illinois (630) 983-0030
City of Yorkville
The first of my concerns, is the distance between the houses and the road. It appears in
the proposal, the houses are going to be placed with back yards facing toward Fox Road,
adjacent to the exit of the forest preserve. My personal opinion is this is a huge mistake.
A nice green area in the front with distance from Fox Road would make a better
presentation to the community.
The second issue is drainage from the property. I understand the city is proposing to
develop this land and adjacent property between Fox Road and RTE 71. There are natural
springs on this property and wetlands to the west. I have personally witness flooding
over Fox Road and Fox Glen, which ultimately drains into the Forest Preserve. Last
spring, on May 13, 2004 was a prime example when we received heavy rainfall. I have
pictures of this incident if you are interested.
The third issue is the lot sizes are very small. This issue is concerning to the preservation
of the community. We already have enough subdivisions that house piled on top of each
other. I personally would like to see the lot sizes be a least a 1 acre or above.
The final issue, deals with the Yorkville infrastructure. I don't believe that Yorkville is
prepared to develop roads, schools and the basic infrastructure to deal with the growth we
are encountering. Fox Road itself is in terrible condition and from the information I have
seen thus far, it is not on the five year plan to be improved. We need to have a plan
developed that increases the capacity of the roads before Yorkville turns into another grid
locked community, especially when traffic is heading north on 47. Today's traffic is bad
enough. If we keep adding subdivisions without making infrastructure improvements,
grid lock will continue to get worse and Yorkville will not be a desirable place to live.
This city has great potential, but from how I see it we have to be careful about the
development to ensure that Yorkville expands and grows in a manner that is pleasing to
the community and a place that we can all be proud to live.
I would be happy to discuss these issues with you further at any time.
Sincerely,
Dervin Allen
home: 630-553-3267
cell: 630-399-2088
To the City of Yorkville Plan Commission:
RFCEt�o
We urge you to carefully consider-the development proposal requested by Midwest
Development for the property on Fox Road, east of Highpoint Rd., and to stay with the
comprehensive plan developed for our area of Kendall County of 1 acre residential lots.
The 1 acre residential lots are compatible with the existing subdivisions along Fox Road, as one
approaches Yorkville from the west,namely Fox Glen and Silver Springs. The original master
plan of 1 acre lots was a good plan and contributes to a tasteful and appealing look for the
entrance into Yorkville.
We feel there are many good reasons to control the density of the proposed development along
Fox Road:
• Keeping the lots at the 1 acre size for the proposed development would put less of a
strain on the traffic along Fox Road. The amount of homes being requested by the
developer could add at least an additional 200 cars a day on Fox Road,which would
create a dangerous and snarled traffic situation.
• A high-density development in this subdivision could add a possible 300-400 additional
children to the Yorkville School system,which is already struggling with overcrowding
due to the tremendous growth in Yorkville. Fewer homes in this proposed development
would put this number lower.
• High density in this area will disturb the drainage of the existing wetland along the
western edge of the proposed development. The springs and creek in this field now flow
into the Fox Glen subdivision, and the fear of flooding from this water system is very
real to the residents of Fox Glen. This wetland area in the proposed development needs a
greater measure of protection around it than what is suggested by the developer.
• If the Board allows a high density development in this area at this time, we feel it would
set an undesirable precedent for future developments along Fox Road and other nearby
areas. We would like to see the Board take a strong position that the density of this and
future developments will be controlled.
om and Judy Gilmour
23 Fox Glen Dr.
Yorkville,IL
Jan. 12, 2005
STATE OF ILLINOIS ) February 18, 1999
} Revised February 19, 1999
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
T & D METAL PRODUCTS (RT.S� 47)
THIS AGREEMENT is made and entered into this 911hiay of i 1999 by
and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as"City"), and T&D
METAL PRODUCTS, of Bristol Township,Kendall County, Illinois (hereinafter referred to as
"Owner").
WITNESSETH
WHEREAS, Owner is the owner of land which lies both north and south of and
contiguous to the existing corporate limits of the City,which said land is more particularly
described in the attached Exhibit"A", which is incorporated herein by reference and;
WHEREAS, Owner desires to annex the said real property described into the City, its
Plan commission has considered the Petition, and the City Council has heretofore both requested
and approved the proposed land use and the zoning of the same at the request of Owner and the
City; and
WHEREAS, Owner has presented, and the City has considered, the tract, of real property
herein described in the attached Exhibit"A" for B-3 Service Business District in order to make
1
said real estate a desirable addition to the City; and
WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the land heretofore described will be annexed to the City in an orderly manner, and
WHEREAS, Owner and its representatives have discussed the proposed annexation and
have had public meetings with the Flan Commission and the City Council, and prior to the
execution hereof,notice was duly published and a public hearing was held to consider this
Agreement, as required by the statutes of the State of Illinois in such case made and provided.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5111-15
through 65 ILCS 5/11-15.1-5, as amended, as follows:
1. A. ANNEXA ION AND ZONING. The City shall adopt an ordinance
annexing to the City all of the real property described herein in the attached Exhibit"A"; and the
City in said ordinance shall zone the real property designated in the attached Exhibit "A"subject
to the further terms of this Agreement as B-3 Service Business District.
Said zoning shall allow the uses, size, density, area,coverage, and maximum
building heights as set forth on Exhibit"B"for B-3 Service Business District. Said real property
shall be used and developed in accordance with 65 ILCS 5/11-15.1 through 65/ILCS 5/11-15.1-
5, and in accordance with the City Subdivision Control and Zoning Ordinances.
B. The Owner/Developer, and its successors,heirs, and assigns hereby agree
that prior to issuance of a building permit on the subject parcel, a site development plan shall be
submitted and approved by the City Council of the United City of Yorkville conforming to the
following standards:
2
1. Only one access cut shall be allowed from the subject site onto
Cannonball Trail. Said access may consist of the existing drive, or said drive may be relocated;
but no closer than 200 West of the intersection with State Route 47.
2. A 30 foot setback shall be maintained on the entire South and West
boundaries of the subject site as a transition buffer with adjoining residential uses.
3. Said transitional buffer/setback area shall be improved with
landscaping,berming, or financing with an opacity factor of at least 50% at the time of
development.
4. Nothing contained herein shall obligate Owner to install screening,
buffering, or landscaping, unless development of the subject site takes place.
2. CITY'S AGREEMENTS.
A. The City agrees that due to the nature of the use and zoning for said
parcel, Owner has no obligation to pay School Transition Fees or Land-Cash Fees.
B. Owner shall be allowed one free Sanitary Sewer Tap to the City of
Yorkville; and one free Water Main Tap-on up to 1" and meter therefore to THE UNITED CITY
OF YORKVILLE as to the real property described in the attached Exhibit"A". Nothing
contained herein shall waive recapture which is required to be paid upon hooking up to City
Water and Sanitary Sewer Main as a condition of the State and County Grants and Loans on the
North City Sewer and Water Interception project.
C. THE UNITED CITY OF YORKVILLE agrees to rebate to the Owner
within 30 days of the presentation of the paid Real Estate Tax Bill to the City Treasurer, the
City's portion of Real Estate Taxes for the next four consecutive Real Estate Tax Bills Owner
3
receives for the subject real property after annexation.
To secure said rebate Owner shall forward a copy of each Real Estate Tax
Bill to the City Treasurer upon receipt; and shall receive payment of the City portion of the Real
Estate Taxes within 30 days of the receipt of the bill by THE UNITED CITY OF YORKVIILLE.
D. The City warrants that it has sufficient water and sanitary sewer capacity
to accommodate the needs of Owner. Owner shall not be required by THE UNITED CITY OF
YORKVILLE to hook-on to the City water or Sanitary Sewer System as a result of entering into
this Annexation Agreement,but may do upon its desire to obtain those services.
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is
specifically understood and agreed that Owner and its successors and assigns shall have the right
to sell transfer,mortgage and assign all or any part of the subject property and the improvements
thereon to other persons, trusts,partnerships, firms, or corporations, for investment,building,
financing, developing and all such purposes, and that said persons, trusts,partnerships, firms, or
corporations shall be entitled to the same rights and privileges and shall have the same
obligations as Owner under this Agreement and upon such transfer,the obligations pertaining to
the property transferred or sold shall be the sole obligations of the transferee, except for any
performance bonds or guaranties posted by Owner on any subdivided or unimproved property for
which an acceptable substitute performance bond or letter of credit has not been submitted to the
City.
4. TIME OF THE ESSENCE., It is understood and-agreed by the parties hereto that
time is of the essence of this Agreement and that all of the parties will make every reasonable
effort, including the calling of special meetings, to expedite the subject matter hereof It is further
4
understood and agreed by the parties that the successful consnnamation of this Agreement
requires their continued cooperation.
5. COVENANTS AND AGREEMENTS. The covenants and agreements contained
in this Agreement shall be deemed to be covenants running with the land during the term of this
Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of
the parties hereto, including the city, its corporate authorities and their successors in office, and is
enforceable by order of the court pursuant to its provisions and the applicable statutes of the State
of Illinois.
6. 13INDING EFFECT AND TERM. This Annexation Agreement shall be binding
upon and inure to the benefit of the parties hereto, and their successors and owners of record of
land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal
authorities of said city, so long as development is commenced within a period of twenty years
from the date of execution of this Agreement by the City.
7. NOTICE. Any notices required hereunder shall be in writing and shall be served
upon any other party in writing and shall be delivered personally or sent by registered or certified
mail,return receipt requested,postage prepaid, addressed as follows:
If to the City: City CIerk
111 W. Fox Street, 3rd Floor
Yorkville,IL 60560
With a copy to: Daniel J. Kramer, City Attorney
1107A S. Bridge Street
Yorkville, IL 60560
If to Owner: T&D Metal Products
P.O.Box 405
Watseka,IL 60970
5
Owner's Attorney: Pat Kinnally
P.O. Box 5030
Aurora, IL 60507
or to such other addresses as any party way from time to time designate in a
written notice to the other parties.
8. ENFORCE ABILITY. This Agreement shall be enforceable in any court of
competent jurisdiction by Any of the parties hereto by an appropriate action of law or in equity to
secure the performance of the covenants herein contained.
In the event any portion of said agreement becomes unenforceable due to any
change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this
Agreement shall be excised here from and the remaining portions thereof shall remain in full
force and effect.
9. ENACTMENT OF ORDINANCES. The City agrees to adopt any ordinances
which are required to give legal effect to the matters contained in this Agreement or to correct
any technical defects which may arise after the execution of this Agreement.
���//�� IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this_
)-Sliday of ,. .._^ 1999.
UNITED CITY OF YORKVILLE
Kendall Co • ,I inois
By: ,Il
Robert Johnso: ayor
Attest: A .. 'Y0
City Clerk
6
OWNER:
T&D METAL PRODUCTS
By:
Attest:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
7
EXHIBIT LIST
A. Legal Description for Parcel of existing building of Rernline to be zoned B-3 Service
Business District
B. THE UNITED CITY OF YORKVILLE B-3 Zoning Ordinance
EXHIBIT "A"
LEGAL DESCRIPTION
The South 550.0 feet, as measured along the east line, of that part of the Southwest Quarter of
Section 16,part of the Southeast Quarter of Section 17, part of the Northeast Quarter of Section 20
and part of the Northwest Quarter of Section 21, Township 37 North, Range 7 East of the Third
Principal Meridian described as follows: Commencing at the Northwest corner of the East Half of
the Southeast Quarter of said Section 17; thence southerly along the West line of said East Half
1004.63 feet to the southerly right-of-way of the Burlington Northern Railroad; thence North
73°47'00" East along said southerly right-of-way 322.21 feet to the westerly line of"Richards
Blackberry Estates"extended northwesterly;thence South 29°48'00" East along said extended line
1351.48 feet for a point of beginning;thence South 29°48'00" East along said extended line 1255.85
feet;thence North 82°45'00"East,273.82 feet;thence South 07°31'00"East 335.52 feet to the center
line of Cannonball Trail; thence North 82°44'45" East along said center line 434.84 feet to the
westerly line of Illinois State Route No. 47; thence northerly along said westerly line of Route 47
being a non-tangential curve to the right with a radius of 3477.87 feet and a radial bearing of North
82°02'22" East from the last described point, a distance of 28.04 feet; thence North 07°29'55" West
along said westerly line of Route 47 a distance of 1473.55 feet to a line drawn North 82°27'25" East
from the point of beginning;thence South 82°27'25" West, 1185.21 feet to the point of beginning
in Bristol Township, Kendall County, Illinois.
10-7D-1 10-7D-1
Exhibit "Be'
CHAPTER 7
BUSINESS DISTRICTS
ARTICLE D. B-3 SERVICE BUSINESS DISTRICT
SECTION:
10-7D-1: Permitted Uses
10-7D-2: Special Uses
10-7D-3: Lot Area
10-70-4: Yard Areas
10-7D-5: Lot Coverage
10-7D-6: Maximum Building Height
10-7D-7: Off-Street Parking and Loading
10-70-1: PERMITTED USES:
All uses permitted in the B-2 District.
Agricultural implement sales and service.
Appliance - service only.
Boat sales.
Building material sales.
Business machine repair.
Car wash without mechanical repair on the premises.
Catering service.
Drive-in restaurant.
Electrical equipment sales.
10-7D-4 10-7D-7
required. A transitional yard shall be maintained only when the
adjoining residential district is zoned R-1 or R-2 Single-Family
Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1, 2-12-87)
10-7D-5; LOT COVERAGE: No more than fifty percent (50%) of the
area of the zoning lot may be occupied by buildings and
structures, including accessory buildings. (Ord. 1973-56A, 3-28-74)
10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or altered to exceed a maximum height of
twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-74)
10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance
with regulations set forth in Chapter 11 of this Title. (Ord.
1973-56A, 3-28-74)
JAMES M. OLSON ASSOCIATES, LTD.
Illinois Professional Land Surveyors
Land Surveyors & Land Planners
107 West Madison Street
Yorkville, Illinois 60560
Phone: 630-553-0050 Fax: 630-553-0964
February 25, 1999
Legal Description for
Dedication Strip of Cannonball Trail
The South 40.0 feet, as measured perpendicular to the center line of Cannonball
Trail, of that part of the Southwest Quarter of Section 16, part of the Southeast Quarter
of Section 17, part of the Northeast Quarter of Section 20 and part of the Northwest
Quarter of Section 21, Township 37 North, Range 7 East of the Third Principal Meridian
described as follows: Commencing at the Northwest corner of the East Half of the
Southeast Quarter of said Section 17; thence southerly along the West line of said East
Half 1004.63 feet to the southerly right-of-way of the Burlington Northern Railroad;
thence North 73°47'00"East along said southerly right-of-way 322.21 feet to the
westerly line of Richards Blackberry Estates"extended northwesterly,- thence South
29°48'00"East along said extended line 1351.48 feet for a point of beginning; thence
South 29°48'00"East along said extended line 1255.85 feet; thence North 82°45'00"
East, 273.82 feet; thence South 07°31'00"East 335.52 feet to the center line of
Cannonball Trail; thence North 82°44'45"East along said center line 434.84 feet to the
westerly line of Illinois State Route No. 47; thence northerly along said westerly line of
Route 47 being a non-tangential curve to the right with a radius of 3477.87 feet and a
radial bearing of North 82°02'22"East from the last described point, a distance of 28.04
feet; thence North 07°29'55" West along said westerly line of Route 47 a distance of
1473.55 feet to a line drawn North 82°27'25"East from the point of beginning; thence
South 82°27'25" West, 1185.21 feet to the point of beginning excepting therefrom that
part thereof within the present right-of-way of Illinois State Route 47 in Bristol Township,
Kendall County, Illinois and containing 0.328 acres, of which 0.191 acres is currently
being used for road purposes.
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UNITED CITY OF YORKVILLE DRAFT
PLAN COMMISSION
YORKVILLE CITY HALL COUNCIL CHAMBERS
WEDNESDAY, FEBRUARY 9,2005
Chairman Tom Lindblom called the meeting to order at 7 p.m.
ROLL CALL
Members present: Charles Kraupner, Clarence Holdiman, Anne Lucietto,Brian
Schillinger and Tom Lindblom.
A quorum was established.
VISITORS
Mayor Art Prochaska; Alderman Richard Sticka; John Wyath, city attorney; City Planner
Mike Schoppe; Lynn Dubajic, Yorkville Economic Development Corporation; John
Whitehouse, Engineering Enterprises, Inc. Also, see attached sign-in sheet.
MINUTES
Minutes from the Oct. 13 and Dec. 8 Plan Commission meetings were approved.
PUBLIC HEARINGS
1. PC 2004-33 Midwest Development, LLC, petitioners, application to annex and rezone.
See attached.
2. PC 2005-03 Aspen Ridge Estates, LLC, petitioners, application to annex and rezone.
See attached.
3. PC 2005-02 Montalbano Homes and Conifer Group, LLC, petitioners, application to
annex and rezone.
See attached.
4. PC 2005-04 Don and Carol Hamman and Five H, LLC,petitioners, application to
annex and rezone.
See attached.
5. PC 2005-5 Arthur Meinzer/CCM Marketing, Inc. and Ronald Moyers and Sang Chu,
petitioners, application to annex and rezone.
See attached.
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NEW BUSINESS
1. PC 2004-33 Midwest Development, LLC,petitioner, application to annex and rezone.
Chairman Tom Lindblom reminded the Plan Commissioners and those in attendance that
the matter before the Plan Commission is annexation and zoning. He said what is shown
on the plan is not necessarily what will go on the property. This,he said, is the very
beginning of the process.
The petitioners have filed an application to annex and rezone from Kendall County A-1
to Yorkville R-2 One-Family Residence District. The property consists of about 102.75
acres on Fox Road east of High Point Road.
Commissioner Anne Lucietto said she doesn't have a problem with annexation.
Commissioner Brian Schillinger made a motion to recommend approval for annexation
as request for PC 2004-33. Lucietto seconded the motion. The motion was unanimously
approved in a roll call vote. Commissioners Charles Kraupner, Clarence Holdiman,
Lucietto, Schillinger and Lindblom voted yes.
Schillinger said he has concerns about recommending straight R-2 zoning. He said he'd
feel more comfortable if the developers sought a R-2 PUD agreement. That way, he said,
plans won't be able to change.
Schillinger made a motion to recommend R-2 zoning for PC 2004-33 as requested.
Lucietto seconded the motion. After discussion on the issue, the motion was unanimously
defeated 5-0 in a roll call vote. Holdiman, Lucietto, Schillinger, Kraupner and Lindblom
voted no.
Responding to some of the concerns voiced at the public hearing, Lindblom said he
agrees traffic is a major problem. Density, he said is another issue. If the city could work
with the developer to draft a PUD agreement, some of these issues could be addressed, he
said.
Addressing the density issue. Schillinger said that while the city can't stop development,
it could mold it. People who live on one-acre plus lots don't want to see five or six lots in
their back yards. He'd like to see the developer adjust the proposed plans to better fit the
development that's already there.
Regarding the water issue, Kraupner said it might behoove residents of the area to
encourage the developer to do extensive water mitigation plans in the PUD to address the
water issues.
Lindblom said that a few years ago when it rained 16-17 issues,the railroad tracks caused
a big problem. John Whitehouse, with Engineering Enterprises,Inc., said there were
many problems in that rain and said every road ended up being a dam including Route
30. But that event was more of a 2000-year event, he said.
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As a possible solution to some potential water problems, Whitehouse suggested that the
plan could be reorganized so that the number of lots stays the same, but the houses could
be put on smaller lots to create larger retention areas.
The water can be handled fine within the subdivision, however, he said that doesn't
address the problems on land north of the property. He said planners should do, as much
as they can on the property with the assumption that land north of it will be agricultural
for a while yet.
A PUD plan would allow the city flexibility to better accommodate that, he said.
Lindblom asked that if the city went back and suggested a PUD agreement, would there
be another public hearing. City Planner Mike Schoppe said yes.
2. PC 2005-03 Aspen Ridge Estates
Lucietto made a motion to recommend approval of annexation for PC 2005-03 as
requested. Schillinger seconded the motion. The motion was unanimously approved in a
roll call vote. Lucietto, Schillinger, Kraupner, Holdiman and Lindblom voted yes.
As for zoning, Lucietto said the Plan Commission has many of the same concerns it had
in the previous discussion regarding PC 2004-33.
While he said he appreciates all of the things the developer is doing, Schillinger said he'd
feel more comfortable with a PUD.
Attorney David Meek, representing the petitioner, said the petitioner would address many
of the concerns and engineering issues. He added that an annexation agreement could
provide the protection the city wants rather than a PUD agreement. He said a PUD is not
necessary and he asked that the city not lump these two developments together.
Lindblom said he didn't agree with Meek. He said that by recommending straight R-2
zoning,the developer could do whatever he liked. This property is special and unique and
he would like to seem dome controls put into the development.
Over the past two months, the magnitude of requests for development in this area is such
that the city needs to carefully control the developments, he said.
A motion by Lucietto to recommend approval of rezoning for PC 2005-03 was
unanimously defeated in a roll call vote. Schillinger seconded the motion. Schillinger,
Kraupner, Holdiman, Lucietto and Lindblom all cast dissenting votes.
3.PC 2005-02 Montalbano Homes and Conifer Group, LLC,petitioners.
Lindblom asked why one lot on the property doesn't want to annex into the city. He said
it seems strange they'd be surrounded by the city on three sides, but not want to annex
into the city.
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Andy Fitz, attorney for the petitioner, said it's not unlikely for someone to retain an
outlot in a development like this and not want to annex to the city.
Whitehouse commented that if the well and septic on the property went bad, Kendall
County would require the property to connect to the city's water and sewer services. The
city would then allow it, but only if the property was annexed into the city.
On the zoning issue, Holdiman said he has a problem giving straight zoning until he's
sure what's going on the property. Fitz said the application for straight R-2 zoning was
based on discussions with city staff.
Lindblom said he doesn't havea problem with the lot sizes in the proposed development.
However,he's looking for a guarantee that what is shown is what the city will get.
Fitz said everything from fees to lot sizes would be negotiated in the annexation
agreement.
Annexation of the property was unanimously approved while the zoning request was
unanimously rejected. Schillinger made a motion to recommend approval for annexation
of PC 2005-02 when contiguous as requested. Kraupner, Holdiman, Lucietto, Schillinger
and Lindblom voted yes.
Kraupner made a motion to recommend rezoning to R-2 as requested in PC 2005-02.
Holdiman seconded the motion. Holdiman, Lucietto, Schillinger,Kraupner and Lindblom
voted no.
4. PC 2005-04 Don and Carol Hamman and Five H, LLC,petitioners.
Lindblom said the requests for PC 2005-04 should be broken down to three votes—one
on annexation, one on the M-2 zoning request and one for the special uses.
When asked what uses were approved in M-2 zoning, Schoppe said all of the permitted
uses in M-1 would fall into that category. He said there are 12 pages of allowable uses in
M-1 and they include bakeries and bottling businesses. The M-2 zoning allows more
intense uses such as cement block manufacturers, contract builders, airport landing fields
and ready-mix plants.
Looking at the overall plan, Lucietto said her only concern is for the resident who lives in
the lower left corner.
Schillinger made a motion to recommend approval for annexation of PC 2005-04 as
requested. Lucietto seconded the motion. The motion was unanimously approved in a roll
call vote. Lucietto, Schillinger, Kraupner, Holdiman and Lindblom voted yes.
Lucietto then made a motion to recommend approval for M-2 zoning as requested for PC
2005-04. Holdiman seconded the motion. The motion was unanimously approved in a
roll call vote. Schillinger, Kraupner, Holdiman, Lucietto and Lindblom voted yes.
Page 5 of 5
Lucietto made another motion then to recommend approval for M-2 special use for PC
2005-04 as requested. Schillinger seconded the motion. The motion failed in a 0-5 vote.
Kraupner, Holdiman, Lucietto, Schillinger and Lindblom voted no.
Schillinger said granting a blanket special use permit to the entire area scares him.
5. PC 2005-05 Arthur Meinzer/CCM Marketing, Inc. and Ronald Moyers and Sang Chu
petitioners.
Schillinger made a motion to recommend approval for annexation of PC 2005-05 as
requested. Kraupner seconded the motion. The motion was unanimously approved in a
roll call vote. Holdiman, Lucietto, Schillinger, Kraupner and Lindblom voted yes.
Schillinger asked that with the proposed changes to Route 126, does the petitioner still
want to move forward. Neil Goldman, attorney for the petitioner, said that petitioner is
willing to go forward with the application as it stands.
Kraupner made a motion to recommend approval for B-3 for PC 2005-05 as requested
subject to an annexation agreement. Lucietto, Schillinger, Kraupner, Holdiman and
Lindblom voted yes.
The meeting adjourned at 9:17 p.m.
Minutes respectfully submitted by Dina Gipe
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PLAN COMMISSION MEETING
UNITED CITY OF YORKVILLE , ILLINOIS
REPORT OF PROCEEDINGS had at the meeting
of the above-entitled matter taken before
CHRISTINE M . VITOSH, C . S . R . , R . P . R . , on
February 9 , 2005 , at the hour of 7 : 00 p .m . , at
800 Game Farm Road, in the City of Yorkville,
Illinois .
D-747605
DEE® • COURT
reporting service
800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013
www.depocourt.com
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2
1 PRESENT :
2 MR . TOM LINDBLOM, Chairman;
3 MR . CHARLES KRAUPNER;
4 MR . CLARENCE HOLDIMAN;
5 MS . ANNE LUCIETTO;
6 MR . BRIAN SCHILLINGER;
7 MR. MIKE SCHOPPE;
8 MS . DINA GIPE .
9 APPEARANCES :
10 WYETH, HEITZ & BROMBEREK
300 East Fifth Avenue , Suite 380
11 Naperville , Illinois 60563
( 630 ) 355-1458
12 BY : MR. JOHN JUSTIN WYETH,
appeared on behalf of the United
13 City of Yorkville , Illinois .
14
15
16
17
18
19
20
21
22
23
24
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3
1 ( Pledge of Allegiance)
2 CHAIRMAN LINDBLOM : Motion passes .
3 At this time I would ask anybody in the audience
4 to please stand and raise your right hand and
5 repeat after me .
6 (Witnesses sworn)
7 CHAIRMAN LINDBLOM : Okay .
8 PC 2004 -33 is the first item on the agenda ,
9 Midwest Development , LLC, petitioner, has filed
10 an application with the United City of Yorkville ,
11 Kendall County, Illinois , requesting annexation
12 to the United City of Yorkville and rezoning from
13 Kendall County A-1 Agricultural to United City of
14 Yorkville R-2 One-Family Residence District .
15 The real property consists of
16 approximately 102 . 75 acres on Fox Road east of
17 Highpoint Road, Kendall Township, Kendall County,
18 Illinois .
19 At the beginning of this public
20 hearing I would just state for the public record
21 that we have received a petition from neighbors
22 regarding this petition .
23 And who might be speaking for
24 the petitioner?
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4
1 WHEREUPON :
2 GREGG INGEMUNSON,
3 having been first duly sworn, testified before
4 the Plan Commission as follows :
5 MR. INGEMUNSON : I will .
6 CHAIRMAN LINDBLOM : Gregg, have you
7 got an exhibit you wish to put up there .
8 MR . INGEMUNSON : Yeah, a couple of
9 them here . We ' ve got a couple of easels over
10 there . I ' ll get them, Tom.
11 CHAIRMAN LINDBLOM : Gregg, I believe
12 you ' ve been advised that the transcript of the
13 meeting, for those of you that were here and
14 spoke at that time , will be part of this record .
15 MR . INGEMUNSON : That ' s right .
16 That ' s right .
17 CHAIRMAN LINDBLOM : Okay . Gregg .
18 MR . INGEMUNSON : There is two
19 concept plans up here . This is the first one
20 that I think you guys have in your packet , and
21 it ' s been revised, this one here, so I just want
22 to show some of the differences between the two .
23 CHAIRMAN LINDBLOM : Excuse me . Can
24 the people in the audience see those , too?
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1 AUDIENCE : No .
2 CHAIRMAN LINDBLOM : Gregg, can you
3 just put them flat against the -- I think
4 everybody here can see them, if they ' re -- There
5 you go .
6 CHAIRMAN LINDBLOM: Is that better
7 for everybody?
8 AUDIENCE : Yes .
9 MR . INGEMUNSON : Okay . I ' ll just
10 stand here . We start out with this plan here .
11 We ' ve already revised it to reflect this plan .
12 We will eliminate a cul-de-sac
13 up here in the northeastern corner , and actually
14 eliminated a lot and moved it down .
15 We as petitioners actually met
16 with some of the land owners in Fox Glen and
17 addressed hopefully some of their concerns , and
18 they have seen this one .
19 They haven ' t -- I think they
20 saw this one originally, but some of them now
21 have seen this one . It ' s a revised plan which
22 shows that we have eliminated that cul-de-sac .
23 Yes , this is the revised one . Eliminated the
24 cul-de-sac .
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1 What we ' d like to do is annex
2 and rezone into the City of Yorkville R-2 and we
3 are asking for about 1 . 75 units per acre .
4 We ' ve got a proposed park in
5 the southeastern corner , 3 . 7 acres ; also , a
6 proposed park in the western edge of the
7 property .
8 The Park Board actually
9 recommended that they would not want to take
10 this , so we would like that reflected as open
11 space .
12 MR. SCHILLINGER : I ' m sorry, can you
13 point to that again?
14 MR. INGEMUNSON : This is the western
15 edge .
16 MR. SCHILLINGER : All right .
17 MR. INGEMUNSON : We have a 50-foot
18 buffer along Fox Road and three detention lakes ,
19 as you can see, and that ' s been -- the detention
20 areas have been engineered to maximize the
21 detention out there, which we know -- we ' ve also
22 heard from people there ' s been some bad drainage
23 in that area .
24 And the open space here along
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7
1 the western side , there is a creek, and by
2 maintaining this , we think this will maintain
3 that natural area the way it looks now and keep
4 that the way it is .
5 All the lots are 12 , 000 square
6 foot minimum. There is no -- We are not asking
7 for any change in any of the lot sizes out
8 there .
9 And we have one entrance into
10 the property and we have one emergency access ,
11 and it is -- I believe -- I think between Lots 9
12 and 10 is the emergency access .
13 CHAIRMAN LINDBLOM: Between 10 and
14 11 here .
15 MR. INGEMUNSON : This is the old
16 one .
17 CHAIRMAN LINDBLOM: Okay .
18 MR . INGEMUNSON : I ' ll put this one
19 down now . We don ' t need that . Between 9 and 10
20 here there is an emergency access point which, of
21 course, we will close down once any other
22 developments hook in where there is other access ,
23 and I think that ' s always a concern for the Plan
24 Commission .
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8
1 Any questions?
2 CHAIRMAN LINDBLOM : As a Commission,
3 we ' ll come back and discuss this again . At this
4 point then, I would ask questions or comments ,
5 whatever , from the audience .
6 Sir, would you please come up
7 to the microphone and state your name and ask
8 whatever it is you care to ask?
9 WHEREUPON :
10 TED SCHNELLER,
11 having been first duly sworn, testified before
12 the Plan Commission as follows :
13 MR . SCHNELLER : My name is Ted
14 Schneller . I live at 33 Ford Drive , which is
15 just down the road from where the development is .
16 First of all , Gregg, has there
17 been any traffic studies done on how Fox Road may
18 or may not be able to handle the traffic?
19 MR. INGEMUNSON : I don ' t think we
20 did a traffic study . Pete , did we do a traffic
21 study up there?
22 MR. HUINKER: Actually we submitted
23 the plan to the locality --
24 WHEREUPON :
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1 PETE HUINKER,
2 having been first duly sworn, testified before
3 the Plan Commission as follows :
4 MR . HUINKER : I ' m sorry, Pete
5 Huinker , Smith Engineering . We submitted the
6 proposed plan to the County and basically based
7 off of past history is requesting that we have
8 both the left and right turn lane provided for
9 the access .
10 MR . SCHNELLER : As I said the last
11 time I was here, I think a lot of people have the
12 same concerns .
13 I don ' t know how Fox Road is
14 going to handle the traffic from this and the
15 four or five other developments that are planned
16 for the area .
17 I sat at the intersection of
18 Fox and 47 ; the light is 15 seconds for Fox
19 Street . That will let five cars through .
20 Now, this is going to generate ,
21 I don ' t know how many cars , but I know if you
22 take this , Chelly, Fox Bluff, Evergreen , you are
23 talking about a total of about 297 cars .
24 Now, the intersection at the
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1 present time can conceivably filter 185 cars an
2 hour , 2 , 797 cars in 15 hours .
3 Now, I know it ' s not your
4 responsibility to figure out how the road can
5 handle it , it ' s Yorkville ' s responsibility, how
6 is Yorkville going to handle all of those cars ,
7 with not just this development , the other
8 developments .
9 Now, we all know this area is
10 going to be developed, you know, nobody is naive ,
11 but aren ' t we putting the cart before the horse
12 with annexing, allowing the development of
13 thousands of homes with no way to handle it?
14 That ' s , you know, my biggest
15 question, and I am assuming that there ' s been
16 engineering studies with regard to the drainage .
17 That ' s certainly another issue .
18 The other concern that I have
19 and I think other residents have is although this
20 is a fairly low density in the scheme of things ,
21 it ' s out of character for the area .
22 If you go west of Rivers Edge
23 and Fox Lawn, there is not a home that ' s on less
24 than an acre , and now we ' re talking about 1 . 75
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1 units per acre .
2 That ' s fairly dense for a city
3 that has traffic problems , school problems . How
4 are we going to handle it ? I -- you know, that ' s
5 my biggest question . How are we going to handle
6 all these cars and the drainage and every other
7 problem that goes along with it ?
8 I mean, I understand you have a
9 right to develop your property . It ' s America .
10 It ' s great . But shouldn ' t we figure out how we
11 are going to handle the development first ?
12 CHAIRMAN LINDBLOM: Okay . Thank
13 you . Gregg , do you have --
14 MR . INGEMUNSON : Just respond to one
15 thing, I think they were paying $2 , 000 per lot
16 that goes into a traffic -- essentially a traffic
17 fund for the City of Yorkville, so there ' s going
18 to be 2 , 000 per lot and how many lots here? 178 .
19 So $ 360 , 000 that are going into the traffic fund
20 for Yorkville to help I assume whatever Yorkville
21 does , but I assume they will regionalize it
22 and --
23 MR . SCHNELLER : Well , the other
24 problem with Fox Road is -- I don ' t care what you
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1 do with Fox Road . You can make it ten lanes .
2 Until something is done with 47 , the end of the
3 funnel is only this big . You can make the top of
4 the funnel as big as you want, but water only
5 comes out at the bottom of the hole .
6 So, you know, it ' s not your
7 responsibility per se, but yet somebody has got
8 to do something about it .
9 CHAIRMAN LINDBLOM : Okay . We have
10 some more displays coming up before us .
11 WHEREUPON :
12 DERVIN ALLEN,
13 having been first duly sworn, testified before
14 the Plan Commission as follows :
15 MR. ALLEN : Name is Dervin Allen, 12
16 Fox Glen Circle . I was here two weeks ago, just
17 made the pictures a little bit bigger .
18 What I wanted to show here
19 mainly, this is a one-inch rain . You can go back
20 to this date , it ' s there, you can check the
21 rainfall . It rained for two days . It ' s Sunday
22 afternoon . By the time Sunday evening comes , you
23 can see what we have .
24 They are showing their
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1 development like this . Fine . If I look here ,
2 you can see a swipe through this field right
3 where they are talking about development . The
4 farmer won ' t even plant the field .
5 It ' s a big swale through there ,
6 water comes down through there , okay?
7 I know the engineering with the
8 lakes , they ' re going to slow down the water flow,
9 but you ' re going to increase it . You can only
10 hold back Mother Nature so long , okay? And
11 that ' s the way it ' s designed and engineered .
12 I understand that you will slow
13 down the water flow, you won ' t have this so fast ,
14 but it ' s going to still be there , so we have
15 to -- I have a map of the whole thing, from Route
16 71 down to River Road, there is almost 200 feet
17 difference in elevation .
18 This is only one subdivision
19 you are talking about . You ' ve got five , six,
20 seven more out there, and it ' s all going to
21 increase and we know it , so we have to do
22 something with it .
23 Again, I ' ll even use the City ' s
24 one , and that even on their layout , you can see
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1 it up there better . Let me get it so I ' m not
2 turned around here .
3 All the green areas that you
4 have all come down -- they stop at Fox Road .
5 They stop at Fox Road or they stop at the
6 railroad tracks .
7 Those railroad tracks were
8 built at the turn of the century . It does not
9 have adequate drainage underneath it, even to
10 handle what we have here . It ' s all backed up .
11 What I was trying to do with
12 this picture here is to show you the white fence
13 and the deck that you see on this gentleman ' s
14 house is this house right here .
15 Now you see how close the water
16 was to his picket fence in his back yard, and
17 that ' s a walk-out basement . I guess it ' s
18 relevant now . Has anybody talked to the railroad
19 company?
20 (No Response )
21 MR . ALLEN : Anybody talked to them?
22 MR . INGEMUNSON : It ' s not our
23 responsibility to talk to the railroad . They are
24 not on our property .
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15
1 MR . ALLEN : That ' s what I ' m saying,
2 I don ' t know whose responsibility it is .
3 After --
4 MR . INGEMUNSON : They ' re not on our
5 property .
6 MR . WHITEHOUSE : I understand your
7 concern, but what is your suggestion?
8 MR . ALLEN : They have to upgrade the
9 railroad before we can do this .
10 MR . WHITEHOUSE : Can ' t .
11 CHAIRMAN LINDBLOM : Just a comment
12 for the public . Some of these questions that you
13 have -- help me with this , John, for sure -- but
14 what we are talking about tonight is annexation
15 and zoning . A lot of the engineering work and a
16 lot of that will come at a later date .
17 MR. ALLEN : What date?
18 CHAIRMAN LINDBLOM : Traffic , water
19 flow, et cetera .
20 MR . WHITEHOUSE : John Whitehouse ,
21 Engineering Enterprises . The railroad culvert
22 cannot be upsized . In the first place, the
23 railroad will not do it . And by opening up that
24 culvert from an existing condition, it ' s going to
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16
1 potentially endanger more people downstream.
2 Now, I understand that it is a problem, okay?
3 Now, when the stormwater
4 management facility for this subdivision and
5 everything else that ' s designed upstream, if and
6 when that develops , they are only allowed to
7 discharge as much water, not just this . 15 or
8 point 1-CFS per acre that ' s allowed in the
9 ordinance , but you also have to take into
10 consideration the limiting factor of downstream,
11 okay?
12 The limiting factor in this
13 entire watershed area is that culvert underneath
14 the railroad, okay?
15 So they may be only allowed to
16 discharge out of these basins . 03 , . 04 , . 05 , we
17 don ' t know . It will have to be based on
18 calculations of cubic feet per second per acre
19 because of that downstream limitation, because if
20 we let too much water go , just like that storm
21 you are talking about , it was a parking lot
22 essentially, everything ran off of that one-inch
23 rain . It accumulates down there and it doesn ' t
24 get underneath the railroad .
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17
1 We can ' t change the railroad,
2 but we can change the design parameters upstream
3 so that -- This is going to be the toughest part
4 to believe , and I ' m not saying that all of that
5 land is going to develop, okay, but if that land
6 is developed with everything downstream in
7 consideration, your drainage problem there will
8 be better off post-development than it is with an
9 open agricultural field right now, okay?
10 Now, that ' s the tough part to
11 understand, okay? But if it ' s designed properly
12 and the release rates from all of the upstream
13 detention facilities are based on that most
14 restrictive -- It ' s no different than the
15 gentleman who spoke about Route 47 , being the Fox
16 Road problem . It ' s the smallest thing in there ,
17 and that culvert is the same thing and --
18 MR . ALLEN : Just by opening
19 statement , I understand the way it ' s designed .
20 It ' s designed to slow the water flow down, but it
21 will increase the water flow .
22 MR . WHITEHOUSE : It will increase
23 the total amount of flow in most cases that --
24 during certain storms --
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1 MR. ALLEN : If it ' s designed and
2 engineered right , you are exactly right .
3 MR . WHITEHOUSE : -- but it will
4 release it at a rate such that the culvert and
5 the railroad will handle it and it will never
6 back up like it does now .
7 MR . ALLEN : Okay . So it ' s not just
8 the culvert , it ' s running over the top of Fox
9 Road . One picture shows here . This is Fox Road
10 here .
11 MR . WHITEHOUSE : Right .
12 MR. ALLEN : The water is coming over
13 Fox Road right there, and that ' s just one part of
14 it . It ' s the whole thing .
15 MR . WHITEHOUSE : It ' s the exact same
16 theory, though . If the culvert underneath Fox
17 Road is the most restrictive in there, then the
18 release rate upstream is going to be decided on
19 that culvert capacity, not the railroad culvert
20 capacity, okay?
21 So whichever one it is -- and,
22 granted, the water will run for a longer period
23 of time , so there may have to be some
24 improvements required by the City of the
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19
1 developer downstream between Fox Road and the
2 railroad so that that water isn ' t spreading out
3 through somebody ' s yard . If there is easements
4 there, then --
5 MR . ALLEN : I made my point . Fair
6 enough .
7 CHAIRMAN LINDBLOM : Okay .
8 MR . ALLEN : We talked about water,
9 but I would like to know where that would be
10 discussed at . It has to be addressed, and the
11 railroad is not -- one of them, for sure , it ' s
12 not signed here .
13 When I ' ve got seven-foot pipe
14 that is underneath the railroad that is not
15 carrying, I mean, a trickle of water barely on
16 this day, right here , a trickle of water .
17 MR . WHITEHOUSE : Are you saying it ' s
18 because it ' s clogged?
19 MR . ALLEN : No . It ' s too high .
20 MR . WHITEHOUSE : It ' s too high .
21 MR . ALLEN : The one a hundred yards
22 west of it is two foot and it ' s trying to handle
23 all of it .
24 And then we ' re going to have
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1 the same problem with the other subdivision
2 tonight , it ' s the same thing, and so that
3 railroad is a dike for that whole area .
4 MR. WHITEHOUSE : Right .
5 MR . ALLEN : I have a question for
6 the committee as a whole, planning commission .
7 Has anybody seen this book, 2005 from Kendall
8 County? It ' s brand new .
9 MR. SCHOPPE : Could you give us the
10 title of that book?
11 MR. ALLEN : Thoughts of Kendall
12 Township, Resources , Management Plan . I picked
13 it up at Saturday ' s meeting .
14 One of the first problems
15 here -- and I ' ll lay off of it -- planning
16 processes .
17 The reason for this is to
18 promote intergovernmental working with each
19 other . It states right in here , first chapter of
20 it , okay?
21 I asked the county, I said, are
22 you talking to the city? No . City, are you
23 talking to the county? You guys haven ' t even
24 seen the book, so that answered my question .
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1 MR . SCHILLINGER : You just got it
2 when?
3 MR . ALLEN : Saturday . I was just at
4 Saturday ' s meeting . It was 2005 . It was a
5 revised 2002 book, but --
6 MR . SCHILLINGER : It just came out
7 Saturday, though .
8 MR . ALLEN : I don ' t know . Do you
9 know if it was their newest .
10 MAYOR PROCHASKA : It just came out .
11 It ' s their newest .
12 MR . ALLEN : So one of the things I
13 am looking at here , we are looking at a
14 subdivision across the street from the
15 subdivision, okay?
16 There is our entrance , there is
17 their entrance . We are showing our subdivision
18 here , okay?
19 To the water issue , here is a
20 big area right here because these two lots widens
21 out to these two lots , okay?
22 Where this retaining pond and
23 everything, this is already low lying . I didn ' t
24 think we were allowed to construct things in low
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22
1 lying areas that already are . I don ' t know, I ' m
2 just asking, okay? This is where the water is
3 coming from.
4 There are very little areas
5 here that they haven ' t done something for the
6 water, okay? I ' ll let the other issue go .
7 My other issue is density,
8 okay? The County has that planned for one-acre
9 lots . That ' s what it was slated out there for .
10 When I moved out there and
11 invested my money, I looked at the area around
12 where it was going to be developed and how it was
13 going to be developed, and that was what this was
14 slated for .
15 I really would like -- I am
16 recommending it come in at R-1 at least . That ' s
17 my recommendation . The reason why, here is your
18 footprint . I ' m showing you a subdivision here .
19 Does this look natural to this between the two
20 subdivisions ?
21 I mean, that ' s what I ' m going
22 to look at every day, okay? And when I bought
23 and invested in property out there , that ' s what I
24 was underneath that plan . I know things change ,
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23
1 but it doesn ' t have to change that drastically .
2 I know when it comes down to
3 it , it ' s dollars . How much does it cost me to
4 put the sewer in, how much does it cost me to put
5 the water in, and how much I can make money .
6 Well , not at my expense, please .
7 And for the record, too , the
8 City map up there , White Oaks , the way I
9 understand the new plan map that you ' ve got ,
10 there would be no more over an acre and a quarter
11 lots in the city . Is that the way I understand
12 that map?
13 On the bottom of it can you
14 give me the definition of what the size is on
15 that lot?
16 MR . SCHOPPE : I can answer that .
17 Mike Schoppe , the City ' s planning consultant .
18 The Comprehensive Plan calls for land use , and
19 you are right --
20 MR . ALLEN : Excuse me, I didn ' t hear
21 you . I ' m sorry .
22 MR. SCHOPPE : The City ' s
23 Comprehensive Plan, both the current plan and the
24 one that is being proposed that the City is
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24
1 currently reviewing, call for this land to be in
2 an estate land use . You are correct with that .
3 The Comprehensive Plan, the
4 City ' s Comprehensive Plan, doesn ' t identify the
5 lot sizes for estate land use .
6 What it does say is that the
7 recommended zoning in that area is R-1 and R-2 ,
8 okay, that ' s the only reference the plan has to
9 lot sizes . Now, just for reference --
10 MR . ALLEN : This is the new draft
11 plan . Does the R-1 have a draft plan?
12 MR. SCHOPPE : I was going to say,
13 the existing plan, existing Comprehensive Plan,
14 suggests that R-1 and R-2 zoning are appropriate
15 for estate .
16 R-1 zoning district has a
17 minimum lot size -- this is a zoning ordinance
18 now -- the R-1 district has a minimum lot size of
19 18 , 000 square feet , the R-2 zoning ordinance says
20 a minimum of 12 , 000 square feet .
21 MR. ALLEN : So that ' s why I ' m
22 asking . I mean, that ' s more consistent with the
23 area , and --
24 MR . SCHOPPE : And I see that . And
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1 this is what you ' ve got .
2 CHAIRMAN LINDBLOM : Okay .
3 MR . ALLEN : They are both to scale .
4 Thank you .
5 CHAIRMAN LINDBLOM : Thank you . Who
6 would like to be next? Gentleman over here .
7 WHEREUPON :
8 TOM GILMOUR,
9 having been first duly sworn, testified before
10 the Plan Commission as follows :
11 MR . GILMOUR : My name is Tom
12 Gilmour, 23 Fox Glen Drive . We live across the
13 street from the proposed development .
14 And without loading it down ad
15 nauseam with stereo of what you just heard, one
16 issue that crossed my mind is this disconnect
17 between the County ' s Comprehensive Plan and what
18 the City ' s plan is , and after looking at the
19 City ' s plan that , as we understood it , and you
20 clarified briefly what the definition of R-1 was ,
21 what we are kind of curious about is why would
22 many of these developments that are proposed down
23 the road that everybody is going right out of the
24 box for R-2 zoning on, and if I may paraphrase
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26
1 what I read in the City ' s plan today, one of the
2 descriptions or objectives to be achieved with
3 the estate planning is to merge or blend into the
4 surrounding community where it ' s at , should have
5 a bearing on your decision as far as the zoning
6 goes .
7 If I ' m wrong, correct me ,
8 but -- I could find it, I just can ' t find the
9 booklet right now, but we just wonder why we have
10 to go to R-2 .
I1 And one other question and I ' ll
12 leave it , it seems to us like there is a
13 checkerboard effect moving down Fox Road as far
14 as actual proposed sites to the stage that we are
15 with Midwest tonight . We are kind of curious how
16 all the infrastructure is going to connect there .
17 For example , Evergreen Farm,
18 which, if I understand the line-up on the
19 proposed developments , has not even come before
20 the Board yet , yet Aspen Ridge is petitioning
21 right behind Midwest here .
22 How are you going to connect
23 the services up to Aspen Ridge? I know it ' s a
24 different issue, but it amplifies what we are
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1 trying to say as far as connecting the
2 development with a semblance of land .
3 MR . SCHILLINGER : Order?
4 MR . GILMOUR : Order . Thank you .
5 Appreciate your time .
6 CHAIRMAN LINDBLOM : Thank you .
7 MR . SCHOPPE : Tom, I think there was
8 a question as part of that that maybe I can
9 answer for the gentleman .
10 CHAIRMAN LINDBLOM: Go ahead .
11 MR . SCHOPPE : He made reference to
12 Aspen Ridge and how can that piece of property,
13 being that it ' s further west , be considered later
14 tonight .
15 That plan is -- that property,
16 Aspen Ridge ' s property, is not contiguous to the
17 City currently, and it ' s not uncommon to have
18 negotiations and discussions with land owners
19 that are not contiguous with the corporate limits
20 of Yorkville .
21 Those discussions would be such
22 that if the project or if and when it does become
23 contiguous , then it would be annexed .
24 That ' s the typical type of
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1 agreement that ' s worked out when properties are
2 not currently contiguous to the building -- or to
3 the City .
4 MR . GILMOUR : May I ask, once again,
5 does that mean that that project, for example, is
6 on hold until it is connected?
7 For example , if I understand
8 the sewer and water hook-up to Aspen Ridge from
9 Midwest Development progressing west on Fox Road,
10 do they just wait until Evergreen Farm decides
I1 that puts everything on the back shelf?
12 MR . SCHOPPE : They wouldn ' t -- Aspen
13 Ridge could not be developed in the City until
14 it ' s contiguous and annexed into the City .
15 Now, does that mean that it has
16 to wait for Evergreen Farms to annex and develop?
17 Not necessarily . It could become contiguous
18 through some other route , but --
19 MR . GILMOUR : I mean, could you -- I
20 guess it could be conceivable that you could run
21 the sewer and water across a piece of property
22 that isn ' t annexed, is that what you are saying?
23 MR . SCHOPPE : Well , it ' s physically
24 possible . Would the City run city water lines
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1 across a piece of property out to Aspen Ridge
2 through property that is not annexed?
3 MAYOR PROCHASKA : I could answer
4 that --
5 MR . SCHOPPE : Okay .
6 MAYOR PROCHASKA : -- and the answer
7 to that is yes . However, the City does not get
8 the easements , the City does not run the lines ,
9 the City does not pay for the lines . That is all
10 at the expense of the developer .
11 If they can find a route that
12 meets the requirements and the specifications of
13 the City and they are willing to pay for it , the
14 City does not -- we don ' t run the services for
15 the developers , they have to run them themselves ,
16 and, as Mike has said, they may get contiguous
17 from a different route , but that doesn ' t mean
18 that that ' s the route the water and sewer would
19 go, and if they were not able to get easement to
20 get utilities to their property, you ' re right ,
21 they would have to sit and wait until that
22 happened .
23 MR . GILMOUR: Well , that actually I
24 guess was more informative to me at this point
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30
1 than anything else, but the point I was trying to
2 illustrate is how some of the developments are
3 being actually developed in the pattern that they
4 have .
5 Another thing that concerns us
6 is it seems like we are -- for example , River ' s
7 Edge , the closest adjacent City subdivision, they
8 are R-2 , and it seems like whenever one of them
9 is designated as an R-2 , that becomes a benchmark
10 that is being used for petitioning for annexation
11 further down the line .
12 Well , if I am understanding the
13 general flow of the both County and City plan for
14 the aesthetic value of our city here , where is
15 the demarcation zone on some of these
16 developments ?
17 I think there is no shortage of
18 R-2 property available , it seems to be running
19 out of our ears , and I think it ' s actually
20 mutually beneficial to the builders .
21 I hate to make a joke out of
22 it , but if you build it , they will buy
23 apparently . There is just -- they can ' t get them
24 up fast enough, and I think there is a market for
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1 it, a bigger --
2 CHAIRMAN LINDBLOM : Okay . I ' d like
3 to move this along, please .
4 MR . GILMOUR: Sorry .
5 CHAIRMAN LINDBLOM: Do you have one
6 other comment?
7 MR . ALLEN : One other .
8 CHAIRMAN LINDBLOM : Something we
9 haven ' t talked about yet?
10 MR . ALLEN : Yes . The developer . I
I1 didn ' t get a chance . I forgot . The setback off
12 the road, okay, he said they were 50 feet , okay?
13 I know that we ' re I think right around 150 , your
14 house? Do you know how far it is off of Fox?
15 MR . INGEMUNSON : 50 foot is only the
16 buffer . The closest house we would have is 140
17 feet from the back of that house to the road .
18 MR . SCHILLINGER : Plus their -- plus
19 setback .
20 MR . INGEMUNSON : 140 feet is the
21 closest house to the road . That ' s not 50 feet .
22 MR. ALLEN : Here is looking down the
23 future . You already got houses set in Yorkville
24 that ' s 50 feet off the road at a corner turn ,
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1 okay?
2 If you look at the existing
3 restrictions they put out there , Silver Springs ,
4 you cannot even see a house . They are 250 feet
5 off Fox Road .
6 That road will be four lanes .
7 You will see it in your lifetime; at least I will
8 I think, and so we should plan . We should plan
9 for it now .
10 And I ' m just trying to show
11 you, you know, the existing -- you are looking
12 here , you look at Fox Glen . I mean, we need to
13 be backing off that road as much as we possibly
14 can .
15 CHAIRMAN LINDBLOM : Okay . Any
16 further questioning then on Silver Fox?
17 MS . ALLEN : I just have one
18 question .
19 CHAIRMAN LINDBLOM : Well , please
20 come up to the microphone and state your name .
21 WHEREUPON :
22 LINDA ALLEN,
23 having been first duly sworn, testified before
24 the Plan Commission as follows :
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1 MS . ALLEN : My name is Linda Allen,
2 I live at 12 Fox Glen Circle , and earlier the
3 gentleman that was talking about the subdivision
4 said that he was not looking for any change in
5 the zoning for the house size or the lot size ,
6 but aren ' t we asking for that?
7 Because right now the plans are
8 an acre , even though your City Plan isn ' t that
9 way, but the existing County plan is , so isn ' t
10 that a deviation?
11 MR . INGEMUNSON : We are asking for
12 zoning in the City . What I meant to say is we
13 are asking for a variation on the 12 , 000 square
14 foot minimum. That ' s clear .
15 MS . ALLEN : But if the lot size in
16 the County, and it ' s the County ' s right now, how
17 can we just switch it overnight and say let ' s go
18 down to --
19 CHAIRMAN LINDBLOM: But they are
20 asking to be annexed to the City, that ' s --
21 MS . ALLEN : So they fall under a
22 different plan?
23 MR . SCHILLINGER : No . It ' s County
24 ag right now . If they were going to the
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1 County -- I may be speaking out of line , but if
2 they were going to the County and asking for
3 subdivision approval , it would be what, an acre
4 and an eighth minimum?
5 MAYOR PROCHASKA : They ' ve got a
6 different setup now, too, clustering or whatever,
7 but the answer to your question is they are
8 looking for City zoning, and what they are asking
9 for falls within the regulations of the City
10 zoning they are asking for .
11 MS . ALLEN : Okay .
12 MAYOR PROCHASKA : So it ' s not a
13 variation from the City zoning .
14 MS . ALLEN : Okay . Thank you .
15 MR . INGEMUNSON : Tom, I might also
16 add --
17 CHAIRMAN LINDBLOM : Gregg .
18 MR . INGEMUNSON : -- the average lot
19 size is 14 , 000 square feet , a third of an acre .
20 MR . ALLEN : What ' s the smallest one?
21 MR . INGEMUNSON : 12 , 000 .
22 MR . ALLEN : That ' s the smallest .
23 What ' s the largest?
24 MR . INGEMUNSON : 28 , 000 -- 23 , 000
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1 thousand? 23 , 000 is the biggest . 12 , 000
2 minimum .
3 MR . SCHILLINGER : Outside is 29 .
4 MS . LUCIETTO : We have a different
5 version .
6 MR . SCHILLINGER : Oh, I ' m sorry .
7 CHAIRMAN LINDBLOM : Let ' s clarify .
8 The smallest is 12 , 000 , the largest is what ,
9 Gregg?
10 MR . INGEMUNSON : 23 , 000 .
11 CHAIRMAN LINDBLOM: 23 , 000 . And the
12 average is ?
13 MR . INGEMUNSON : 14 and change .
14 CHAIRMAN LINDBLOM: 14 , just to
15 clarify . Okay . Any other comments on this one?
16 (No Response )
17 CHAIRMAN LINDBLOM : Okay . If not ,
18 then I ' m going to move along to item number two
19 on the agenda . PC 2005-03 , Aspen Ridge Estates ,
20 LLC , petitioner, has filed an application with
21 the United City of Yorkville , Kendall County,
22 requesting annexation to the United City of
23 Yorkville and rezoning from Kendall County A-1
24 Agricultural to United City of Yorkville R-2
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1 One-Family Residence District .
2 The real property consists of
3 approximately 125 . 874 acres at 12024 Fox Road,
4 Kendall Township, Kendall County, Illinois .
5 WHEREUPON :
6 DAVID MEEK,
7 having been first duly sworn, testified before
8 the Plan Commission as follows :
9 MR . MEEK : Good evening, Chairman .
10 Good evening, Commissioners . My name is David
11 Meek . I am the attorney for Petitioner, Aspen
12 Ridge Estates .
13 To start off, first, this is a
14 public hearing, so I want to tell you we have
15 filed our affidavit and service of notice under
16 the zoning ordinance , and I do want to tender
17 receipts that were received as of today in my
18 office .
19 CHAIRMAN LINDBLOM: Just for the
20 record, there has also been a petition received
21 from the neighbors on this .
22 MR. MEEK: And if I could ask for a
23 copy of that --
24 CHAIRMAN LINDBLOM : Sure .
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1 MR . MEEK : Today or tomorrow.
2 CHAIRMAN LINDBLOM : Sure .
3 MR . MEEK : You have summarized the
4 gist of our request , maybe I ' ll take purview and
5 stand over here . If the court reporter can hear
6 me , I do have a cold, so I can ' t tell how loud I
7 am.
8 We, too, have a project that is
9 on Fox Road . This time this one is at the
10 southwest corner of Fox and Pavilion . This was a
11 farm field; my client now owns the property .
12 They ' ve had it for about five months I suppose .
13 And we are looking also for R-2
14 zoning in the city, and understand that we are
15 going to be inline to come out here with respect
16 to annexation, and hopefully we will have a
17 couple different annexation corridors to get out
18 here .
19 But let me just talk a little
20 bit about what we are going to do tonight . We
21 are going to present the plan . We do have with
22 us Phil Stuepfert from SEC Planning .
23 The project we are presenting
24 to you -- and we have Pete Huinker, he is the
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1 chief engineer on this project , and he will be
2 available to address concerns because I
3 anticipate there are a few that are similar to
4 what have been expressed prior to this .
5 We ' ve got here a design that
6 has a lot of character . It ' s got nice features ;
7 you can see , however, that from our discussions
8 with park board, there is a difference in this
9 project from what we had proposed when we gave
10 you the concept plan .
11 We now have a smaller park in
12 the center and, at the direction of the park
13 board, in terms of the land cash contributions ,
14 we are proposing to actually put in a trail
15 system, install that trail along the tree-lined
16 pavilion and to cut across the south line to
17 connect to the Channel farm project, once it
18 comes in .
19 We have a lot of good traffic
20 movement, the traffic elements to this design
21 layout , and it is a project that really comes in
22 without any request for variances from the city ' s
23 ordinances for zoning, and we don ' t anticipate we
24 are even asking for any variances from the
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1 subdivision control regulations .
2 The site is -- does have
3 some -- we are keeping some open spaces , about 12
4 acres of this creekbed and trees along here, we
5 are proposing to put in stormwater retention
6 facilities , which can handle all of the water on
7 this site .
8 We do anticipate that Fox Road
9 will be improved, it ' s -- the County as I
10 understand -- it ' s a County swale system I would
11 expect , but I can ' t -- I ' ve got to defer to Pete
12 on this , that were -- when it ' s going to be
13 constructed there may be the opportunity to do
14 curb and gutter as a county road out there , but
15 Pete can correct me if I am mistaken on that .
16 Pavilion, of course , would go
17 from being a township road, assuming this would
18 be the annexation direction, to being a city
19 road .
20 Again, we are coming in with
21 12 , 000 minimum square foot , we have an average
22 lot size I think it ' s of 15 , 000 square feet with
23 a maximum of 23 , 000 , 218 units, and we do feel
24 that this project is appropriate for this site ,
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1 and I think that I will ask -- actually before we
2 take questions I will have Phil Stuepfert come up
3 and talk about the plan and Pete Huinker can give
4 some comments on engineering .
5 WHEREUPON :
6 PHIL STUEPFERT,
7 having been first duly sworn, testified before
8 the Plan Commission as follows :
9 MR . STUEPFERT : Phil Stuepfert of
10 SEC Planning . I think what I want to focus on is
11 several things we heard tonight . We do have some
12 county subdivisions out here in these locations .
13 Per the new Comprehensive Plan
14 that ' s coming through that allows 1 . 75 units per
15 acre , it refers to the design guidelines in the
16 Comprehensive Plan, and we went through those and
17 addressed those .
18 To start off, there is actually
19 13 principles in your Comprehensive Plan that is
20 coming through, and so I ' m just going to point
21 out some of those things that we ' re going to do
22 to get the density that we are asking for, as
23 well as David just mentioned the R-2 district
24 allows 12 , 000 square feet lots , setback, all
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1 those things that are mentioned that was R-2
2 zoning, but going back to the design guidelines ,
3 I just want to point out some of those things
4 that we feel that we are accomplishing .
5 Preserving the character of the
6 area , well , this area down in here, all those
7 existing trees , there is a floodplain down
8 through there , there is existing drain tiles
9 through there . All this area, the corridor
10 through that area, we are obviously not touching
11 that for development in those areas .
12 Along Fox Road, I know one of
13 the concerns really in the City of Yorkville as a
14 whole is down that road, what does that look
15 like .
16 What some of these corridors
17 look like as you drive down through Yorkville --
18 and we have thought about that . We ' ve addressed
19 that . That ' s why you see all of this detention
20 down along Fox Road .
21 We have a minimum of 50-foot
22 buffer and a 300 and 400-foot buffer off of Fox
23 Road, so as you drive down there you ' re going to
24 see the water along the road, so we have placed
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1 that in that location for that reason .
2 CHAIRMAN LINDBLOM: We ' ve got
3 individual maps .
4 MR. STUEPFERT : So some of this
5 buffering we ' ve done along here . Even down here
6 in the area where we do have three or four lots
7 that abut Fox Road, we ' ve actually already looked
8 at it and made a revision to that area where we
9 have taken those two lots , Lots 5 and 6 , we
10 actually have removed those in those areas , so we
11 really only have three lots that are directly
12 backing on Fox Road, so we feel like we have
13 achieved that as a principle .
14 Now, the east side of the
15 plain, we are going to develop in the floodplain
16 anyway; however, that is a wide corridor down
17 there , which we are preserving, and that borders
18 the existing county subdivision on the side of
19 the road .
20 You will see also down in the
21 southeast corner that we have provided extra deep
22 lots . They are actually twice as deep as you
23 what you would typically do in R-2 zoning, which
24 is directly across from the county subdivision as
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1 well , so the separation between buildings is
2 quite a bit .
3 Another principle is we are
4 both connected between land uses , vehicular and
5 trails ; that ' s one of the reasons we are tying
6 this trail -- originally had it going through the
7 park and it ' s been discussed, there is a trail
8 corridor down through there .
9 Provide transition between land
10 uses , I mentioned a little bit about that . We
11 also had this county subdivision down in here
12 where we only had two lots abutting there and we
13 had open space in this area .
14 These are two of our largest
15 lots in the subdivision abutting there, so we
16 have thought about how to address that .
17 Some of the things about
18 incorporating some of the other features , I
19 talked about this down here and we are preserving
20 all those areas down there as well .
21 Principle five is provide a
22 sense of architectural interest . Our client is
23 in agreement with the standards that you are
24 drafting and coming through with . We have no
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1 problem abiding by the new covenants that are of
2 such interest .
3 Enhanced pedestrian experience ,
4 we have talked about that . View corridors ,
5 that ' s why we ' ve structured all this when you
6 come into our site, we have put retention in our
7 entry, and as you come up to the center of our
8 development, we have placed a park and so
9 everywhere you go you are seeing lakes and things
10 like that .
11 Another principle of our plan
12 is to design your detention areas so they are
13 aesthetically pleasing . We were looking at doing
14 wet ponds . Pete can talk to this better .
15 Wet ponds all in this area,
16 which are going to look a lot better than a dry
17 pond in that area , so that ' s how we are going to
18 handle that one .
19 New landscape treatments along
20 here , all through the area, we are actually
21 probably going to enhance the entire area through
22 here and be at least minimum standards , if not
23 above , in terms of landscaping and things like
24 that .
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1 The last one , we barely touched
2 on enhancing site experience , development , site
3 entrances , clean, we will do that at later
4 stages , that ' s not appropriate at this time , and
5 a cohesive signage program.
6 So those are all items you have
7 in your new Comprehensive Plan in order to have
8 R-2 zoning in this area , and so we have thought
9 about and addressed -- and the plan addresses
10 those items in your new Comprehensive Plan , and I
11 feel that our client and our team has even went
12 above and beyond that in areas where we ' ve shown
13 lot sizes up to 20 , 000 and 30 , 000 square feet
14 adjacent to other subdivisions that are abutting .
15 Those could be 12 , 000 square
16 foot lots , but we have thought about that , said
17 let ' s put our large lots down in those areas .
18 So I think that sums up most of
19 the items that -- those are some of the things
20 where it ' s not like we haven ' t thought about
21 those items .
22 We went through the Comp Plan
23 and addressed -- came up with a plan that we feel
24 is in harmony with this Comprehensive Plan .
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1 MR. MEEK: I ' d like to ask Pete
2 Huinker to come up .
3 CHAIRMAN LINDBLOM : I want it make
4 it very brief, though .
5 MR . MEEK : Pete , I ' d like you to
6 talk just very briefly about dissipating traffic
7 concerns out there because that ' s an issue of the
8 residents , and possibly stormwater detention and
9 dealing with that and the railroad issue that
10 came up earlier on the other project . That ' s
11 another concern with this project .
12 MR. HUINKER: Obviously this is just
13 a concept plan at this time and we will
14 incorporate all of these design considerations
15 once we go into the preliminary engineering phase
16 of the project . The County isn ' t going to want
17 curb and gutter .
18 MR. MEEK: Okay .
19 MR . HUINKER: It ' s designated
20 already an open ditch drainage system.
21 MR . MEEK: Okay .
22 MR . HUINKER: The Fox Road entrance
23 is right in, left turn out . Secondary access off
24 Pavilion have a right and left-turn lane . Once
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1 we get into those specifics in engineering, we
2 look at those detailed plans once we get to that
3 stage .
4 With the City we also created a
5 roadway network that provides a future
6 connection -- actually two future connections to
7 the south also, so that we will provide a network
8 of roadways that will interconnect to any future
9 subdivisions .
10 Essentially what we have for
11 our -- for the detention is for -- you can
12 address that more once we go forward with
13 preliminary engineering, but essentially we are
14 honoring the existing variance patterns and we
15 will be looking at these specific design
16 considerations and limitations in the downstream
17 facility .
18 CHAIRMAN LINDBLOM : Okay .
19 Gentlemen, thank you . I am assuming many of the
20 same concerns regarding traffic .
21 Is there a little different
22 situation with water here or not? Maybe call on
23 one or both of you .
24 MR . ALLEN : Yes . The water is still
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1 the issue here and it ' s just going to keep adding
2 to it , and I have one thing I would like for you
3 to read for the record out of the Illinois State
4 law . This chapter right here . It ' s highlighted
5 from here, to the next page about real estate and
6 railways .
7 MR . WHITEHOUSE : You want me to read
8 that into the record?
9 MR . ALLEN : Sure , please . Because
10 you are the one that said that that railway -- I
I1 just want to clarify that chapter .
12 MR. MEEK: Would you mind telling us
13 what the source is ?
14 MR . WHITEHOUSE : This is a
15 publication --
16 MAYOR PROCHASKA : He is telling you
17 what it is .
18 MR . WHITEHOUSE : This is a
19 publication entitled Illinois Drainage Law that
20 is published by the College of Agricultural
21 Consumer and Environmental Sciences , University
22 of Illinois at Urbana-Champaign, circular 1355 ,
23 a recap of all , you know, case law . I believe
24 this was published in December of 1977 . I
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1 believe -- David, you are probably familiar with
2 this .
3 The chapter here , part one ,
4 Illinois Rules of Drainage, titled Law of Natural
5 Drainage , and this subparagraph here titled a
6 land owner must receive surface water flowing
7 naturally from higher ground .
8 One of the most important
9 principles of Illinois drainage law is that
10 owners of lower ground, known as the servient
11 tenant , are bound to receive surface water that
12 naturally flows onto it from higher ground, known
13 as the dominant tenant .
14 This rule means that owners of
15 farms that are lower than adjoining farms must
16 take the water that flows through natural
17 depressions onto their land; likewise , unless the
18 city has adopted a system of artificial drainage ,
19 owners of lots that are lower than adjoining lots
20 can receive water coming from higher lots .
21 It also means that a railroad
22 or a highway embankment must be built of
23 sufficient capacity and at an appropriate
24 location to accommodate water that would
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1 naturally flow across the right-of-way in a state
2 of nature .
3 Okay . Now, you are talking --
4 What this is talking about is that if we build a
5 new highway or somebody builds a new road, they
6 have to size that culvert so that all of the
7 water passes through .
8 This is a culvert , as you
9 stated earlier, that was constructed about a
10 hundred years ago, okay?
11 MR . ALLEN : You are exactly right .
12 I wanted that to come in to take -- We the people
13 here are making a decision on adding things now,
14 okay? That railroad track was built at the turn
15 of the century, I am not disputing that, and it ' s
16 not adequate .
17 At the time it was built , it
18 was adequate , and what little bit of development
19 we have out there has already caused a problem,
20 and the more we build, the more problem we are
21 going to have . Thank you .
22 CHAIRMAN LINDBLOM: Okay . So much
23 for traffic and so much for water . Is there
24 another concern now, something we haven ' t talked
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1 about yet? Because it ' s 8 o ' clock ; I want to
2 move this along . Okay . Anything else on PC
3 2005-03 ?
4 Lady over here , please .
5 MR . SCHOPPE : Tom, while she is
6 coming up, I want to add one point to clarify, as
7 we mentioned on the previous item, this item is
8 before us tonight for annexation and rezoning .
9 They are not asking for this plan to be approved
10 tonight .
11 WHEREUPON :
12 BRENDA CUTSINGER,
13 having been first duly sworn , testified before
14 the Plan Commission as follows :
15 MS . CUTSINGER : Brenda Cutsinger,
16 6672 Pavilion Road . That one driveway looks like
17 it ' s right in my front yard . These are just
18 points that the county should consider when they
19 are doing this , looking at this plan : The
20 density, the zoning, the intensiveness of use,
21 the restrictions on the land, the floodplain
22 drainage , berms , retention, detention,
23 enforcement of subdivision regulations ,
24 improvements required, be it road, be it water ,
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1 impact fees , subdivision bonds , performance
2 bonds , letters of credit , recapture ordinances ,
3 road improvement fees , land use restrictions ,
4 maintenance of common areas , annexation
5 agreement , engineering approval , feedback from
6 the taxing bodies , fire, police , schools . Thank
7 you .
8 CHAIRMAN LINDBLOM : Thank you .
9 Anybody else on this ?
10 (No Response )
I1 CHAIRMAN LINDBLOM: Okay . We are
12 going to move on to Item number PC 2005-02 ,
13 Montalbano Homes and Conifer Group, LLC,
14 petitioners, have filed an application with the
15 United City of Yorkville , Kendall County,
16 Illinois, requesting annexation to the United
17 City of Yorkville and rezoning from Kendall
18 County A-1 Agricultural to United City of
19 Yorkville R-2 One-Family Residence District .
20 The real property consists of
21 approximately 155 . 825 acres at the southeast
22 corner of Ament and Penman Roads , Kendall
23 Township, Kendall County, Illinois .
24 And who is speaking on behalf
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1 of petitioner?
2 WHEREUPON :
3 MICHAEL McGURN,
4 having been first duly sworn, testified before
5 the Plan Commission as follows :
6 MR . McGURN : For the record, my name
7 is Michael McGurn, M-c , capital G-U-R-N . I am
8 general counsel for the petitioner , and I do have
9 the affidavit of service that I will tender to
10 the surrounding property owners .
11 With me here tonight is Andy
12 Fitz , F-I-T-Z . He works in our land acquisition
13 department and oversees the preparation of the
14 land plan .
15 We intend to have only one
16 exhibit and that , for purposes of the record, is
17 the concept plan, it ' s by Glyman, and it is dated
18 January 10 , 2005 .
19 Our company has worked with
20 Staff to bring this along and, in fact , filed the
21 petition on January 10 , and I will defer most of
22 the concepts and the planning to Mr . Fitz and
23 he ' ll answer any other concerns that might come
24 up during the process .
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1 We are just here for the
2 annexation and rezoning hearing, and we have been
3 working with Staff and will be submitting our
4 other papers next week . Thank you .
5 CHAIRMAN LINDBLOM : Okay .
6 WHEREUPON :
7 ANDY FITZ,
8 having been first duly sworn, testified before
9 the Plan Commission as follows :
10 MR . FITZ : I ' ll just spend a few
11 minutes . As Mike, both Mikes ' , had stated,
12 although we are just here for the annexation and
13 zoning , I ' m just going to touch real briefly on
14 the concept plan .
15 I ' ve been before this
16 Commission as well as the park board and City
17 Council with our initial concept plan .
18 It ' s been revised since in
19 light of comments that we have received, the most
20 major of which was preserving the swale tributary
21 that bisects the property .
22 The City Council had informed
23 us at the meetings some of the comments , we ' d
24 like to see that preserved, and in exchange for
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1 preserving that , we may be amenable to allowing
2 some slightly smaller lots along that open green
3 area , so what this plan envisions is just that .
4 Just the lots that apply to the
5 open area are 10 , 000 something, 90 percent of the
6 lots are 12 , 000 . Some of the other things that
7 we did, we initially had a park that ran from the
8 northwest to the southeast, a ten-acre park .
9 The park board informed us that
10 they would rather have six acres and they ' d
11 rather have it adjacent to the detention, so --
12 and also in conversations that Staff had with the
13 school district , they decided they wanted a
14 four-acre parcel adjacent to the property to the
15 east where it will probably get the majority of
16 their donation from, so I accommodated all that
17 in the southeast portion .
18 We preserved the creek and show
19 a trail system along it . We have added
20 additional road stubs to the south and east and
21 limited our number of stubs to Penman Road .
22 But essentially our plan
23 preserves what the previous plan incorporated,
24 which was buffers along Ament . We have increased
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1 those . Before there were twenty; we have
2 increased those to 40 along Ament and Penman .
3 In a nutshell , that ' s the basic
4 plans . I ' d be happy to answer any questions that
5 you may have or field any questions from the
6 audience .
7 CHAIRMAN LINDBLOM : Okay . Is there
8 any -- is there any questions or concerns from
9 the audience from this? Because we will come
10 back and talk about this as a group . Yes , ma ' am.
11 WHEREUPON :
12 MELISSA BARNHART,
13 having been first duly sworn, testified before
14 the Plan Commission as follows :
15 MS . BARNHART : Hi , Tom.
16 CHAIRMAN LINDBLOM : Hi .
17 MS . BARNHART : Melissa Barnhart on
18 behalf of some of the land owners . First of all ,
19 first question, you do have not have contiguity;
20 is that correct?
21 MR . FITZ : That ' s correct .
22 MS . BARNHART : Secondly, and maybe
23 this is a comment, I represent several land
24 owners who are within 500 feet of the proposed
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1 project who have not received any written notice
2 of the hearing, and the reason we are here
3 tonight is because we read the Kendall County
4 Record and it was published in the record, so I
5 do have some concerns about that . I would like
6 that to be remedied as a matter of procedure .
7 CHAIRMAN LINDBLOM: Let ' s address
8 that . Do you have an answer to that ?
9 MR . FITZ : We got the list of
10 property owners within 500 feet from the Kendall
11 County Assessor, and we have all our certified
12 mail receipts , as well as the letters that were
13 returned from the addresses that the assessor
14 has , so all of those are a part of the public
15 record .
16 MS . BARNHART : I have several of
17 my -- the land owners here today that do live
18 within 500 feet , they live within 75 feet , and
19 have not received anything .
20 MR . FITZ : The application is in the
21 back, but the list is towards the front .
22 MS . BARNHART : I can tell you right
23 now that the addresses that you have used here
24 are not addresses where any of these people live .
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1 MR . FITZ : Those are from the Tax
2 Assessor ' s records , that ' s what we are required
3 to use .
4 MS . BARNHART : Well , they are
5 incorrect .
6 MR. FITZ : Well, that ' s where the
7 tax bills are supposedly sent .
8 MS . BARNHART : No, they aren ' t .
9 MR . McGURN : Excuse me . May I
10 address that? May I address that point ?
11 CHAIRMAN LINDBLOM: Well , go ahead .
12 MR. McGURN : Could you identify for
13 the record who your clients are?
14 MS . BARNHART : Absolutely . Coopers
15 and Richards .
16 MR . McGURN : So you are appearing
17 here tonight --
18 MS . BARNHART : Yes .
19 MR . McGURN : -- on their behalf?
20 MS . BARNHART : Yes , I am .
21 MR . McGURN : I submit that that ' s --
22 that Cooper is on there . I think there is three
23 returned and it ' s marked vacant by the U . S . Post
24 Office .
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1 CHAIRMAN LINDBLOM : I believe
2 Melissa ' s comment was that they learned about it
3 through reading the paper . I ' m not going to
4 debate the point . I think that was covered .
5 I think we are just going to
6 continue with the public hearing here and,
7 Melissa , if you could maybe take a couple minutes
8 even to look and see and submit some things that
9 are incorrect and then we can -- because we will
10 come back to this after all these public
11 hearings --
12 MS . BARNHART : Sure .
13 CHAIRMAN LINDBLOM : -- but we will
14 let the public hearing proceed .
15 Is there any other comments on
16 this , on this petition?
17 (No Response )
18 CHAIRMAN LINDBLOM : Hearing none
19 then, I ' m going to move on the agenda , PC -- Item
20 number four on the agenda , PC 2005-04 , Don and
21 Carol Hamman and Five H , LLC , petitioners , have
22 filed an application with the United City of
23 Yorkville , Kendall County, Illinois , requesting
24 annexation to the United City of Yorkville and
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1 rezoning from Kendall County A-1 Agricultural to
2 the United City of Yorkville M-2 General
3 Manufacturing District and for all special uses
4 permitted in the M-2 District subject to the site
5 plan approval .
6 The real property consists of
7 approximately 326 . 785 acres from Eldamain to
8 Corneils to Beecher to Faxon Road, Kendall
9 Township, Kendall County, Illinois .
10 WHEREUPON :
11 JOHN DUGGAN,
12 having been first duly sworn, testified before
13 the Plan Commission as follows :
14 MR. DUGGAN : My name is John Duggan
15 on behalf of Don and Carol Hamman and Five H,
16 LLC . Don and Carol Hamman are the majority
17 owners of the property . The family partnership
18 are Don and Carol Hamman and their three sons .
19 I ' d like to give you all an
20 additional exhibit which we had prepared today
21 with some additional details on the -- additional
22 details on the potential project .
23 CHAIRMAN LINDBLOM : And is this a
24 copy that you have on the board?
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1 MR . DUGGAN : It is . It is , and it
2 has some additional details for the potential
3 road system and one of the uses that we
4 contemplate .
5 As you can see , this is a large
6 property on the far north end of the city . It is
7 in the Comprehensive Plan as industrial and
8 office research .
9 This particular property is
10 about -- is part of a property that Commonwealth
11 Edison owns that ' s approximately a square mile ,
12 and it is the surplus land surrounding the
13 Commonwealth Edison substation off of Eldamain,
14 Faxon and Corneils Road, west of Beecher Road .
15 The property is the second type
16 of industrial part of this type that the Hammans
17 have developed . Their other Lincoln Prairie
18 project is in the Will County portion of Aurora ,
19 Illinois .
20 We are contemplating an M-2
21 use , which we feel is within the contemplation of
22 the Comprehensive Plan . This type of use is we
23 feel ideal for this location .
24 It already has an industrial
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1 character with the Commonwealth Edison substation
2 and Menard ' s distribution center to the west in
3 the City of Plano .
4 The property is I think ideal
5 for that use . It ' s got excellent roads . It is
6 not in the vicinity of any other area that we
7 feel it would be incompatible with . It complies
8 with the Comprehensive Plan .
9 This particular type of use we
10 think is essential to the development of the City
I1 for both employment and tax base . We think it
12 would be an asset to the City and we are very
13 appreciative of some of the references for use on
14 the project that the City and the Economic
15 Development Commission has recommended to us .
16 One of the particular uses that
17 we are contemplating is a ready mix plant , and
18 we ' ve shown a potential site plan for that and a
19 location for it .
20 We also have had extensive
21 discussions with other types of uses that would
22 be compatible with the community and we feel that
23 any additional controls or protections that the
24 City would like with respect to this property
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1 could be properly addressed and protected within
2 the contemplation of the annexation plan, so we
3 are asking for annexation and M-2 General
4 Manufacturing District zoning with special uses
5 as permitted by your zoning ordinance .
6 CHAIRMAN LINDBLOM : Okay .
7 MR . DUGGAN : Thank you .
8 CHAIRMAN LINDBLOM : Questions or
9 concerns from the audience? Lady over here ,
10 please .
11 WHEREUPON :
12 SUE HANSON,
13 having been first duly sworn, testified before
14 the Plan Commission as follows :
15 MS . HANSON : My name is Sue Hanson
16 and I live at the corner of Faxon and Eldamain
17 Road, right across from the property .
18 I have several questions
19 concerning the property . I was wondering is it
20 now contiguous to the city or would this be like
21 a pre-annexation type of agreement ?
22 CHAIRMAN LINDBLOM : Mike , do you
23 know, is it contiguous ?
24 MR . SCHOPPE : There is -- we have
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1 the Rosen Lincoln property that lies on the east
2 side of Beecher that is contiguous -- that is in
3 the city, and then immediately west of that is
4 the Commonwealth Edison property, which is
5 adjacent to the property that we are talking
6 about .
7 In discussion, the annexation
8 can take place -- the property currently isn ' t in
9 the City, but it could be annexed by the City
10 because it can jump across the Commonwealth
11 Edison property .
12 So it doesn ' t have to have
13 physical contiguity, it can annex across the
14 property .
15 MS . HANSON : Are there any
16 prospective manufacturers currently that have
17 brought any plans to the City?
18 MR. SCHOPPE : No . There is no
19 specific plans that have been brought for City
20 for review, no .
21 MS . HANSON : Does the City have an
22 ordinance about doing construction work on
23 industrial sites at night?
24 When the Menard ' s plant was
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1 built , they operated twenty hours out of 24 hours
2 of the day, they brought in big lights , and I was
3 just wondering if the City had any type of an
4 ordinance against that or if they would limit the
5 hours of construction work being done .
6 CHAIRMAN LINDBLOM : I don ' t know .
7 MR . SCHOPPE : I am not familiar with
8 that either . I ' d have to research that , if those
9 standards do exist in the current ordinances .
10 MS . HANSON : Because, you know,
11 operating and bringing in big lights at night is
12 not conducive for the neighborhood .
13 And also, what traffic -- how
14 many traffic cuts or where would traffic cuts be
15 made on Eldamain Road? I believe -- Are those
16 going to be cuts where he ' s got the arrows ?
17 CHAIRMAN LINDBLOM : Are the roads on
18 that map over there through the property?
19 MS . HANSON : Not through the
20 property, no .
21 CHAIRMAN LINDBLOM : They are shown
22 one road --
23 MR . SCHILLINGER : Right behind you .
24 MR . DUGGAN : We are contemplating --
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1 We feel the most appropriate place for a cut
2 would be directly opposite the Menard ' s
3 distribution center , so the traffic could be
4 controlled at that location on Eldamain Road, and
5 ultimately we also think that the northern parcel
6 should have a cut onto Eldamain Road .
7 MS . HANSON : Would there be a light
8 proposed possibly?
9 MR . DUGGAN : That would be direct --
10 MS . HANSON : Across --
11 MR . DUGGAN : If the City felt that
12 lights were warranted, we would certainly, you
13 know, cooperate in the construction of them.
14 MR. SCHILLINGER : Would that or
15 would that not take at that traffic study?
16 MS . HANSON : Well, currently, right
17 now, trucks do not think that they have to stop
18 on the Menard ' s property, so if you have traffic
19 going across the road, it would add to the
20 congestion of that .
21 MR . SCHILLINGER : That would be a --
22 Did anybody call the sheriff?
23 MS . HANSON : Huh?
24 MR. SCHILLINGER: Call the sheriff?
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1 MS . HANSON : Well , it was Plano up
2 until Christmas time or something like that .
3 CHAIRMAN LINDBLOM : Okay . Thank
4 you .
5 MS . HANSON : Thank you .
6 CHAIRMAN LINDBLOM: Any other
7 concerns , questions ?
8 (No response )
9 CHAIRMAN LINDBLOM : Okay . We will
10 move on then to the last public hearing , PC
11 2005-05 , Arthur Meinzer/CCM Marketing,
12 Incorporated, and Ronald Moyers and Sang Chu,
13 petitioners , have filed an application with the
14 United City of Yorkville , Kendall County,
15 Illinois , requesting annexation to the United
16 City of Yorkville, and rezoning from Kendall
17 County A-1 Agricultural to the United City of
18 Yorkville B-3 Service Business District .
19 The real property consists of
20 approximately five acres at 9211 West Route 126 ,
21 Kendall Township, Kendall County, Illinois .
22 WHEREUPON :
23 NEIL GOLTERMANN,
24 having been first duly sworn, testified before
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68
1 the Plan Commission as follows :
2 MR. GOLTERMANN : Good evening,
3 Chairman, Commissioners . My name is Neil
4 Goltermann . We don ' t have a concept plan to hand
5 out or as a real exhibit for you, simply for the
6 fact that during the negotiations on entering
7 into the contract with the owners , we became
8 aware that IDOT has some plans for Route 126 that
9 affect the nature of the use or how the applicant
10 would use this parcel .
11 A little bit of history if you
12 will , and it all comes anecdotal to us from the
13 owner through their attorney .
14 This property has a farm house
15 on it with a barn building and another
16 out-building , which are currently not in use , and
17 have not been in use for some three to five years
18 we ' re told . No real specifics .
19 Mr . Moyers ' father is the last
20 person to have lived on that property, and we ' re
21 told, again, it was maybe five years ago when he
22 moved out of there .
23 The current proposal is for
24 annexation and zoning to B-3 . Mr . Meinzer
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1 intends on operating a landscape business there
2 by the name of Landscape Depot . He will describe
3 in more detail what he intends on doing with the
4 property .
5 He currently does operate a
6 business in Lombard, Illinois , that would be very
7 similar to what he does now .
8 Also, if I may, I ' m going to
9 point out what we were able to do to just
10 highlight the area that we are talking about , and
11 this is a blow-up of what we got yesterday when
12 Tony Graff kind of brokered a meeting with IDOT
13 for adjoining land owners to Route 71 and
14 Route 126 .
15 The current intersection
16 actually runs right here with the subject
17 property outlined in green, and then all this
18 orange you see is simply to highlight what IDOT ' s
19 current proposal is for a relocation of
20 Route 126 , and in this current proposal , what
21 that does is make the current frontage of this
22 property the rear part of the property with new
23 frontage to the north .
24 And that ' s why we can ' t tell
Depo Court Reporting Service ( 630 ) 983-0030
.
70
1 you exactly where we would like an access point ,
2 where a building might go, because, again,
3 Mr . Meinzer will describe that his concept is a
4 10 , 000 square foot building, it would be a retail
5 building oriented towards the retail customer
6 that would include a design -- a landscape design
7 center . And this is about five acres in total .
8 He would have some outside storage, he would have
9 an outside display .
10 At the south end of this
11 property is the highest elevation of the
12 property; the lowest elevation being at the
13 northwest corner that ' s highlighted in pink, and
14 in considering this property, that ' s where he
15 would take care of drainage issues , which would
16 also tie in with his idea of creating a drainage
17 pond, you know, landscaping it , and making it a
18 display itself for customers coming in .
19 Part of, again, the problem
20 with that is the area outlined in pink is an area
21 that IDOT has kind of marked off as potential
22 right-of-way for them, although the engineers
23 that were here yesterday indicated that they
24 didn ' t have to have that property or that they
Depo Court Reporting Service ( 630 ) 983-0030
71
1 could work with ideas about detention and things
2 like that , because they even in their plan talked
3 about making -- The first plan we saw was simply,
4 you know, Route 126 reconfigured like this , and
5 then they added in this subsequent January, ' 05
6 concept , an access point off of 126 onto the old
7 Route 126 , because they said they thought it
8 would be convenient for the owners here , which is
9 again something they said that they would
10 negotiate with these owners about whether -- not
11 negotiate , but plan with the city and the owners
12 about whether it ' s feasible or viable to have
13 this , and then keep what would be old Route 126
14 open as a city road or something else , and so
15 those are all in flux, if you will .
16 We ' ve had some discussion with
17 City Staff, nothing for certain anyway, that if
18 the applicant was successful in his annexation
19 and zoning and in development, being able to open
20 for business certainly before IDOT makes this
21 reconfiguration with some sort of temporary
22 access building and whatnot with an eye towards
23 being able to switch that once the alignment is
24 completed, and that assumes that the realignment
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72
1 goes through as planned .
2 They told us yesterday they
3 were in Phase I , which means that they yet have
4 to have another public hearing on this
5 apparently .
6 I think that ' s it . If
7 Mr . Meinzer will step up , he will give a little
8 bit of an analysis of the type of operation that
9 he currently runs and what he is thinking of for
10 this site .
11 CHAIRMAN LINDBLOM : Okay . Due to
12 the time factor, I don ' t want to get into any
13 more engineering with IDOT .
14 I think we ' ve got the concept
15 of what ' s going to happen, so if you want to say
16 just a very few words about your operation,
17 that ' s fine .
18 WHEREUPON :
19 ARTHUR MEINZER,
20 having been first duly sworn, testified before
21 the Plan Commission as follows :
22 MR. MEINZER: Sure . We ' ve been in
23 business since 1992 as far as Landscape Depot
24 goes . This is a different kind of a concept .
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73
1 We ' re going to have an
2 additional display added where people can walk
3 through it and they can see not only what a
4 hardscape would look like , but we want to put the
5 plants in the proper perspective, where they have
6 seasonal plants , explain what colors they would
7 have for different seasons , also what plants
8 would grow in sunny areas , shady areas , and we
9 have a concept where we put the design center ,
10 where a customer can then go , bring a larger plot
11 of survey, and we would design it for them, and
12 basically that ' s the short .
13 CHAIRMAN LINDBLOM: Full service ,
14 right?
15 MR . MEINZER : Right . That answers
16 it all . Including we would supply landscapers
17 which are bonded and insured, so . . .
18 CHAIRMAN LINDBLOM : Okay . I
19 appreciate that . Thank you . Okay . Is there
20 anybody in the audience that has any questions or
21 concerns?
22 (No Response )
23 CHAIRMAN LINDBLOM : Going once ?
24 Going twice?
Depo Court Reporting Service ( 630 ) 983-0030
A
74
1 (No Response )
2 CHAIRMAN LINDBLOM : Hearing none , I
3 would entertain a motion to close the public
4 hearing .
5 MS . LUCIETTO : So moved .
6 MR . HOLDIMAN : Second .
7 CHAIRMAN LINDBLOM : It ' s been moved
8 and seconded then to close the public hearing .
9 Those in favor signify by saying aye .
10 (A Chorus of Ayes )
11 CHAIRMAN LINDBLOM : Opposed?
12 (No response )
13 CHAIRMAN LINDBLOM : The public
14 hearing is now closed .
15 (Which were all the
16 proceedings had in
17 the public hearings . )
18 ---o0o---
19
20
21
22
23
24
Depo Court Reporting Service ( 630 ) 983-0030
75
1 STATE OF ILLINOIS )
ss :
2 COUNTY OF LASALLE )
3
4 CHRISTINE M . VITOSH, being first duly
5 sworn, on oath says that she is a Certified
6 Shorthand Reporter doing business in the State of
7 Illinois ;
8 That she reported in shorthand the
9 proceedings had at the foregoing public hearing;
10 And that the foregoing is a true and
11 correct transcript of her shorthand notes so
12 taken as aforesaid and contains all the
13 proceedings had at the said public hearing .
14 IN WITNESS WHEREOF I h ve hereunto set
15 my hand thi , s //t/./,fid-ay of
16 2005 .
17
18
19 //1,
20 L1/11(A(
CHRISTINE M . TOSH, C . S . R .
21 CSR License No . 084 -002883
22
23
24
Depo Court Reporting Service ( 630 ) 983-0030
Yorkville Plan Commission Multi-Page`` $2,000 - better ' '
February 9, 2005
218[1] 39:23 9:9 46:23 70:1 71:6,22 24:10,21 25:3 31:7,10,22 69:10 70:20,20
-$- 23,000[5] 34:24 35:1,10 accommodate[1] 49:24 32:17,22 33:1,1,15,21 areas[13] 6:20 14:3 22:1
$2,000[1] 11:15 35:11 39:23 accommodated[1] 34:11,14,20,22 47:24 48:9 22:4 41:11 42:10 43:20
$360 000[1] 11:19 250[11 32:4 55:16 50:11 44:12 45:12,17 52:4 73:8
allowed[4] 16:6,8,15 73:8
28,000[1] 34:24 accomplishing[1] 41:4 21:24
29[1] 35:3 accumulates[1] 16:23 arrows[1] 65:16
-&- allowing[2] 10:12 55:1 Arthur[z] 67:11 72:19
297[1] 9:23 achieved[z] 26:2 42:13 allows[2] 40:14,24
&[1i 2:10 acquisition[1] 53:12 artificial[1] 49:18
almost[l] 13:16 Aspen[9] 26:20,23 27:12
-,- -3- acre[lo] 6:3 10:24 11:1 along[1s) 6:18,24 11:7 27:16 28:8,12 29:1 35:19
16:8,18 23:10 33:8 34:3
'OS(1] 71:5 3.7(1) 6:5 34:19 40:15 31:3 35:18 38:15 39:4 36:11
30,000[1] 45:13 41:12,20,24 42:5 44:19 assessor pi 57:11,13
300[z1 2:10 41:22 acres[9] 3:16 6:5 36:3 51:2 53:20 55:2,19,24 Assessor's pi 58:2
_ _ 39:4 52:21 55:10 60:7 56:2
326.785[1] 60:7 67:20 70:7 asset[1] 62:12
always[1] 7:23
.03[1] 16:16
33[1] 8:14 actual[1] 26:14 amenable[1] 55:1 assume[2] 11:20,21
.04[1] 16:16 355-1458[1] 2:11 ad[1) 25:14 assumes[l] 71:24
Ament[3] 52:22 55:24
.05[1] 16:16
380[1] 2:10 add[3] 34:16 51:6 66:19 56:2 assuming[3) 10:15
15(11 16:7 added[3] 55:19 71:5 73:2 39:17 47:19
America pi 11:9
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-0_ additional(�) 55:20 audience[9] 3:3 4:24 5:1
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084-002883[1] 75:21 400-foot[1] 41:22 60:20,21,21 61:2 62:23 analysis 72:8 5:8 8:5 56:6,9 63:9 73:20
[1]
73:2 y Aurora[1] 61:18
47(3) 9:18 12:2 17:15 address[6] 38:2 43:16 Andy(zi 53:11 54:7 available[21 30:18 38:2
-1 47:12 57:7 58:10,10 anecdotal[1] 68:12
10
1-CFS[11 16:8 -5- ANNE[1) 2:5 Avenue[1] 34:1
addressed(�) 5:17 19:10 average(31 34:18 35:12
1.75[3] 6:3 10:24 40:14 50[4] 31:12,15,21,24 40:17 41:18 45:9,23 63:1 annex[3] 6:1 28:16 64:13 39:21
10,000[2] 55:5 70:4 50-foot[2] 6:17 41:21 addresses[4] 45:9 57:13 annexation[191 3:11 aware[1] 68:8
102.75[1] 3:16 500[3] 56:24 57:10,18 57:23,24 15:14 30:10 35:22 37:16 aye[1] 74:9
12,000[101 7:5 24:20 adequate[3] 14:9 50:16 37:17 39:18 51:8 52:4,16
33:13 34:21 35:1,8 39:21 -6- 50:18 54:2,12 59:24 63:2,3 64:7
67:15 68:24 71:18 Ayes[1] 74:10
40:24 45:15 55:6 adjacent[5] 30:7 45:14 annexed[6] 27:23 28:14 -B-
12024[1] 36:3 60563[1] 2:11 55:11,14 64:5
125.874[1] 36:3 630[1] 2:11 adjoining[3] 49:15,19 28:22 29:2 33:20 64:9 B-3[2] 67:18 68:24
126[s) 67:20 68:8 69:14 6672[1] 51:16 69:13 annexing(1) 10:12
answer( 23:16 27:9 backed[1) 14:10
69:20 71:4,6,7,13 adopted[1] 49:18 backing[2] 32:13 42:12
1355[1) 48:22 -7- advised[11 4:12 29:3,6 34:7 53:23 56:4 57:8 aesthetic[1] 30:14 bad[1] 6:22
14,000[1] 34:19 71 [2] 13:16 69:13 answered[1] 20:24 barely[z] 19:15 45:1
140[z] 31:16,20 75[1] 57:18 aesthetically[1] 44:13 answers[11 73:15 barn[ll 68:15
15,000[1] 39:22 7:00[1] 1:9 affect[1] 68:9 anticipate[3) 38:3,23 Barnhart[131 56:12,15
150[1] 31:13 affidavit[2] 36:15 53:9 39:8 56:17,17,22 57:16,22 58:4
155.825[1] 52:21 -8- aforesaid[1) 75:12 anyway[2] 42:16 71:17 58:8,14,18,20 59:12
178[1] 11:18 afternoon[11 12:22 appeared[1] 2:12 base (1] 62:11
18,000[1] 24:19 800[1] 1:10 ag[11 33:24appearing[1] 58:16
based[3] 9:6 16:17 17:13
185[1] 10:1 -9- again[9] 6:13 8:3 13:23 applicant(z) 68:9 71:18 basement[11 14:17
1977[1] 48:24 28:4 39:20 68:21 70:2,19 application[6] 3:10 basic[1] 56:3
1992[1] 72:23 90[1] 55:5 71:9 35:20 52:14 57:20 59:22 basins[1] 16:16
9211 [1] 67:20 against[2] 5:3 65:4 67:13 bearing[1] 26:5
-2- agenda[4] 3:8 35:19 apply[1] 55:4 became[l] 68:7
59:19,20
-A- appreciate[2] 27:5 become[2] 27:22 28:17
2,000[1] 11:18 ago[3) 12:16 50:10 68:21 73:19
A-1 [5] 3:13 35:23 52:18 becomes[1] 30:9
2,797[1] 10:2 agreement[41 28:1 appreciative[1] 62:13
20 000(1) 45:13 60:1 67:17 PP Beecher[31 60:8 61:14
abiding[1] 44:1 4323 52:5 63:21 appropriate[5] 24:14 64:2
200[1] 13:16 able[5] 8:18 29:19 69:9 agricultural[7] 3:13
17:9 35:24 48:20 52:18 39:24 45:4 49:23 66:1 beginning[1] 3:19
2002[1] 21:5 71:19,2360:1 67:17 approval[3] 34:3 52:5 behalf[5] 2:12 52:24 2004-33[1] 3:8 above[2] 44:23 45:12 ahead[z] 27:10 58:11 60:5 56:18 58:19 60:15
appro. ved[1] 51:9
2005[5] 1:9 20:7 21:4 above-entitled[1] 1:7 alignment[1] 71:23 behind[2] 26:21 65:23
53:18 75:16 Absolutely[1] 58:14 archtectural[1] 43:22 benchmark[ll 30:9
Y Allegiance[l] 3:1 beneficial[1] 30:20
2005-02[1] 52:12 area[29] 6:23 7:3 9:16
abut[1] 42:7 Allen[40] 12:12,15,15 10:9,21 16:13 20:3 21:20
2005-03[2] 35:19 51:3 abutting[3] 43:12,15 14:21 15:1,8,17 17:18 berms[11 51:22
2005-04[1] 59:20 22:11 24:7,23 41:6,6,9,10
45:14 18:1,7,12 19:5,8,19,21 42:6,8 43:13 44:15,17,20 better[5] 5:6 14:1 17:8
20:5,11 21:3,8,12 23:20 44:21 45:8 55:3,5 62:6 44:14,16
2005-05(1] 67:11 access[9] 7:10,12,20,22
Depo Court Reporting Service Index Page 1
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page`M between - December
February 9, 2005
between[10] 4:22 7:11 calls[1] 23:18 35:22,24 37:14 39:18 concepts[i] 53:22 70:13
7:13,19 19:1 22:19 25:17 cannot[z] 15:22 32:4 41:13 47:4 49:18 52:15 concern[5] 7:23 10:18 corporate[1] 27:19
43:1,4,9 52:17,18 54:16,22 59:22 15:7 46:11 50:24
beyond(�] 45:12 capacity[3] 18:19,20 correct[6] 24:2 26:7
Y 49:23
59:24'60:2 61:6 62:3,10 concerning[1] 63:19 39:15 56:20,21 75:11
big[6] 12:3,4 13:5 21:20 capital[1] 53:7 62:12,14,249,17,1 16 65:35 64:3,9
611 concerns[13] 5:17 9:12 corridor[3] 41:9 42:16
65:2,11 P 64:9,17,19,21 66:11
care[3] 8:8 11:24 70:15 67:14,16,17 71:11,14,17 30:5 38:2 41:13 46:7 43:8
bigger[2] 12:17 31:1 , 47:20 53:23 56:8 57:5 Corridors[3] 37:17 41:16
Carol[4] 59:21 60:15,16 city's[a] 13:23 23:17,22 63:9 67:7 73:21
biggest[3] 10:14 11:5 60:18 24:4 25:18,19 26:1 38:22 44:4
35:1 carrying[i] 19:15 CLARENCE[i] 2:4 Condition(1] 15:24 COSt[z] 23:3,4
bills[1] 58:7 conducive[1] 65:12 Council[z] 54:17,22
cars[7] 9:19,21,23 10:1,2 clarified[1] 25:20
bisects[1] 54:21 10:6 11:6 clarify[4] 35:7,15 48:11 congestion[1] 66:20 counsel[1] 53:8
bit[7] 12:17 37:20 43:2 cart[1] 10:11 51:6 Conifer[i] 52:13 County[39] 3:11,13,17
43:10 50:18 68:11 72:8 case[1] 48:23 clean[i] 45:3 connect[3] 26:16,22 9:6 20:8,21,23 22:8 30:13
blend[11 26:3 38:17 33:9,16,23 34:1,2 35:21
cases[1] 17:23 Clear[1] 33:14
blow-up[1] 69:11 connected[2] 28:6 43:4 35:23 36:4 39:9,10,14
cash[1] 38:13 client[3] 37:11 43:22 40:12 42:18,24 43:11
Bluff[1] 9:22 connecting[1] 27:1
caused[1] 50:19 45:11 46:16 51:18 52:15,18,23
board[7] 6:8 26:20 38:8 clients[1] 58:13 connection[1] 47:6 57:3,11 59:23 60:1,9
38:13 54:16 55:9 60:24 center[6] 38:12 44:7 62:2
66:3 70:7 73:9 clogged[1] 19:18 connections[1] 47:6 61:18 67:14,17,21 75:2
bodies[1] 52:6 consider[1] 51:18 County's[2] 25:17
bonded[1] 73:17 century[z] 14:8 50:15 close(4] 7:21 14:15 74:3 ty
certain[z] 17:24 71:17 74:8 consideration[2] 16:10 33:16
bonds[2] 52:1,2closed[1] 74:14 17:7 couple[4] 4:8,9 37:17
certainly[3] 10:17 66:12 59:7
book[4] 20:7,10,24 21:5 71:20 closest[3] 30:7 31:16,21 considerations[z]
booklet[1] 26:9 certified[z] 57:11 75:5 clustering[1] 34:6 46:14 47:16 course[z] 7:21 39:16
borders[i] 42:17 cetera[1] 15:19 cohesive[1] 45:5 considered[1] 27:13 court[1] 37:5
bottom[z] 12:5 23:13 Chairman[69] 2:2 3:2,7 cold[1] 37:6 considering[1] 70:14 covenants[1] 44:1
bought[1] 22:22 4:6,11,17,23 5:2,6 7:13 College[1] 48:20 consistent[1] 24:22 covered[1] 59:4
bound[1] 49:11 7:17 8:2 11:12 12:9 15:11consists[s] 3:15 36:2 created[1] 47:4
Colors[1] 73:6
15:18 19:7 25:2,5 27:6,10 52:20 60:6 67:19 creating1
box[1] 25:24 31:2,5,8 32:15,19 33:19 coming[10] 12:10 18:12 [ ] 70:16
brand[1] 20:822:3 39:20 40:14,20 43:24 construct[1] 21:24 credit[1] 52:2
34:17 35:7,11,14,177:2 : 36:9 constructed[2] 39:13
Brenda[z] 51:12,15 36:19,24 37:2 42:2 46:3 49:20 51:6 70:18 creek[z] 7:1 55:18
BRIAN[1] 2:6
47:18 50:22 52:8,11 54:5 comment[4] 15:11 31:6 50:9 creekbed[1] 39:4
56:7,16 57:7 58:11 59:1 56:23 59:2 construction[3] 64:22 crossed 25:16
brief[1] 46:4 65:5 66:13 [1]
59:13,18 60:23 63:6,8,22 comments[6] 8:4 35:15 CSR[1] 75:21
briefly[3] 25:20 46:6 65:6,17,21 67:3,6,9 68:3 40:4 54:19,23 59:15 consultant[1] 23:17
54:13 72:11 73:13,18,23 74:2,7 Consumer[1] 48:21 cubic[1] 16:18
bring[2] 53:20 73:10 74:11,13 Commission[zz] 1:1 4:4 cul-de-sac[3] 5:12,22
7:24 8:2,12 9:3 12:14 20:6 contains[1] 75:12 5:24
bringing(1] 65:11 chance[1] 31:11 25:10 32:24 36:8 40:8 contemplate[1] 61:4
brokered[1] 69:12 change[7] 7:7 17:1,2 51:14 53:5 54:9,16 56:14 Culvert[11] 15:21,24
22:24 23:1 33:4 35:13 60:13 62:15 63:14 68:1 contemplating[3] 16:13 17:17 18:4,8,16,19
BROMBEREK[1] 61:20 62:17 65:24 18:19 50:6,8
2:10 Channel[1] 38:17 72:21
brought[3] 64:17,19 65:2 chapter[4] 20:19 48:4 Commissioners[z] contemplation(z] curb[z] 39:14 46:17
g P 61:21 63:2
buffer[4] 6:18 31:16 48:11 49:3 36:10 68:3 curious[z] 25:21 26:15
41:22,22 character[4] 10:21 38:6 committee[1] 20:6 contiguity[z] 56:19 current[7] 23:23 65:9
64:13
buffering[1] 42:5 41:5 62:1 common[1] 52:4 contiguous[1o] 27:16 68:23 69:15,19,20,21
buffers[1] 55:24
CHARLES[1] 2:3 Commonwealth[s] 27:19,23 28:2,14,17 29:16 customer[2] 70:5 73:10
build[3] 30:22 50:4,20 check[1] 12:20 61:10,13 62:1 64:4,10 63:20,23 64:2 customers[1] 70:18
builders[1] 30:20 checkerboard[1] 26:13 community[z] 26:4 continue[1] 59:6 cut[3] 38:16 66:1,6
g Chell 62:22 cuts[3] 65:14,14,16
building[6] 28:2 68:15 y[1] 9:22 contract[1] 68:7
COW [1] 45:22
70:2,4,5 71:22 chief[1] 38:1 P contributions[1] 38:13 Cutsinger[3] 51:12,15
buildings[1] 43:1 Chorus[1] 74:10 company[z] 14:19 53:19 control[1] 39:1 51:15
builds[1] 50:5 CHRISTINE[3] 1:8 compatible[1] 62:22 controlled[1] 66:4 _
built[s] 14:8 49:22 50:14 75:4,20 completed[1] 71:24 controls[1] 62:23 -D-
50:17 65:1 Christmas[1] 67:2 complies[1] 62:7 convenient[1] 71:8 D-747605[1] 1:22
business[6] 67:18 69:1 Chu[1] 67:12 Comprehensive[15] conversations(1] 55:12 date[3] 12:20 15:16,17
69:6 71:20 72:23 75:6 23:18,23 24:3,4,13 25:17
Circle[2] 12:16 33:2 40:13,16,19 45:7,10,24 Cooper[1] 58:22 dated[1] 53:17
buy[1] 30:22 circular[1] 48:22David[4] 36:6,10 40:23
61:7,22 62:8 cooperate[1] 66:13
city[72] 1:2,10 2:13 3:10 conceivable[1] 28:20 Coopers[1] 58:14 49:1
-C- 3:12,13 6:2 11:2,17 18:24 days[1] 12:21
20:22,22 23:8,11,24 27:17 conceivably[1] 10:1 copy[z] 36:23 60:24
C[1] 2:9 dealing[1] 46:9
28:3,13,14,24,24 29:7,8,9 Concept[121 4:19 38:10 Corneils[z] 60:8 61:14
C.S.R[2] 1:8 75:20 29:13,14 30:7,13,14 33:8 46:13 53:17 54:14,17 68:4 corners] 5:13 6:5 31:24 debate[1] 59:4
calculations[1] 16:18 33:12,20 34:8,9,13 35:21 70:3 71:6 72:14,24 73:9 37:10 42:21 52:22 63:16 December[1] 48:24
Depo Court Reporting Service Index Page 2
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page`'` decided - future `
February 9, 2005
decided[z] 18:18 55:13 66:2 ears[1] 30:19 28:10,16 57:18,18
decides[1] 28:10 discharge[2] 16:7,16 easels[1] 4:9 everybody[3] 5:4,7 felt[1] 66:11
decision[2] 26:5 50:13 disconnect[1] 25:16 easement[i] 29:19 25:23 fence[zi 14:12,16
deck[1] 14:13 discuss[1i 8:3 easements[2] 19:3 29:8 everywhere[1] 44:9 few[3] 38:3 54:10 72:16
deep[z] 42:21,22 discussed[z] 19:10 43:7 east[6] 2:10 3:16 42:14 exact Di 18:15 field[s] 13:2,4 17:9 37:11
defer[2] 39:11 53:21 discussion[2] 64:7 55:15,20 64:1 exactly[3i 18:2 50:11 56:5
definition[z] 23:14 71:16 Economic[1] 62:14 70:1 Fifth[1] 2:10
25:20 discussions[4] 27:18 edge[41 6:6,15 10:22 30:7 example[4] 26:17 28:5 figure[z] 10:4 11:10
demarcation[i] 30:15 27:21 38:7 62:21 Edison[s] 61:11,13 62:1 28:7 30:6 filed[7] 3:9 35:20 36:15
dense[1] 11:2 display[3] 70:9,18 73:2 64:4,11 excellent[1] 62:5 52:14 53:20 59:22 67:13
density[a] 10:20 22:7 displays[1] 12:10 effect[1] 26:13 exchange[i] 54:24 filter[1] 10:1
40:22 51:20 disputing[1] 50:15 eighth[1] 34:4 Excuse[3] 4:23 23:20 fine[z] 13:1 72:17
58:9
department[1i 53:13 dissipating[1] 46:6 either[1] 65:8 fire[1i 52:6
Depot[zi 69:2 72:23 distribution[z] 62:2 Eldamain[6] 60:7 61:13 exhibit[a] 4:7 53:16 first[28] 3:8 4:3,19 8:11
60:20 68:5
depressions[1] 49:17
66:3 63:16 65:15 66:4,6 8:16 9:2 11:11 12:13
Dervin[z] 12:12,15 district[ii] 3:14 24:16 elements[1] 38:20 exist[1] 65:9 15:22 20:14,19 25:9 32:23
describe[2] 69:2 70:3 24:18 36:1 40:23 52:19 elevation[3] 13:17 existing[lo] 15:24 24:13 36:7,13 40:7 51:13 53:4
55:13 60:3,4 63:4 67:18 70:11,12 24:13 32:2,11 33:9 41:7,8 54:8 56:13,18,19 60:12
descriptions[1] 26:2 42:18 47:14 63:13 67:24 71:3 72:20
ditch[1] 46:20 eliminate[1] 5:12 75:4
design[12] 17:2 38:5,20 doesn't[s] 16:23 23:1 eliminated[3] 5:14,22 expect[li 39:11
40:15 41:2 44:12 46:14 24:4 29:17 64:12 expense[z] 23:6 29:10 Fitz[9i 53:12,22 54:7,10
47:15 70:6,6 73:9,11 523 56:21 57:9,20 58:1,6
dollars[1] 23:3 embankment[1] 49:22 experience[2] 44:3 45:2
designated[2] 30:9 five[11] 9:15,19 13:19
dominant[1] 49:13 explain[1] 73:6
46:19 emergency[3] 7:10,12 37:12 43:21 59:21 60:15
designed[6] 13:11 16:5 Don[a] 59:20 60:15,16 7:20 expressed[1] 38:4 67:20 68:17,21 70:7
17:11,19,20 18:1 60:18 employment[11 62:11 extensive[1] 62:20 flat[1] 5:3
detail[1] 69:3 donation[1] 55:16 end[3] 12:2 61:6 70:10 extra[1] 42:21 floodplain[3] 41:7
detailed[1] 47:2 done[5] 8:17 12:2 22:5 endanger[i] 16:1 eye[1] 71:22 42:15 51:21
details[3] 60:21,22 61:2 42:5 65:5 enforcement[1] 51:23 flow[8] 13:8,13 15:19
detention[u] 6:18,19 down[3z] 5:14 7:19,21 engineer[1] 38:1 -F- 17:20,21,23 30:13 50:1
8:1513:6,8,13,1614:4
6:21 17:13 41:19 44:12 en ineered[3] 6:20 F-I-T-Z[�] 53:12 flowing[1] 49:6
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46:8 47:11 51:22 55:11 13:11 18:2 flows[2] 49:12,16
71:1 25:22 26:13 30:11 31:22 facilities[z] 17:13 39:6
33:18 41:6,7,14,17,20,23 engineering[iii 9:5 facility[z] 16:4 47:17 flux[1] 71:15
develop[4] 11:9 17:5 42:5,16,20 43:8,11,19,20 10:16 13:7 15:15,21 40:4 focus[1] 40:10
28:16 42:15 45:17 46:15 47:1,13 52:5 72:13 fact[z] 53:20 68:6 follows[16] 4:4 8:12 9:3
developed[7] 10:10 dwsteam[6] 16:1 engineers[1] 70:22 factor[3] 16:10,12 72:12
12:14 25:10 32:24 36:8
17:6 22:12,13 28:13 30:3 16:10,19 17:6 19:1 47:16 enhance[1] 44:21 Fair[1] 19:5 40:8 51:14 53:5 54:9
61:17 draft[z] 24:10,11 fairly[2] 10:20 11:2 56:14 60:13 63:14 68:1
Enhanced[1] 44:3
developer[3] 19:1 29:10fall[1i 33:21 72:21
31:10 drafting[1i 43:24 enhancing[1] 45:2 foot[7] 7:6 19:22 31:15
drain[1] 41:8 falls[1] 34:9
developers[11 29:15 entering[1] 68:6 familiar[2] 49:1 65:7 33:14 39:21 45:16 70:4
development[1�] 3:9 drainage[tai 6:22 10:16 Enterprises[1] 15:21 footprint[1] 22:18
11:6 14:9 17:7 46:20 family[1] 60:17
8:15 10:7,12 11:11 13:1,3 entertain[1] 74:3 Ford[1] 8:14
25:13 27:2 28:9 41:11 48:19 49:4,5,9,18 51:22 far[6] 26:5,13 27:1 31:14
70:15,16 entire[z] 16:13 44:21 61:6 72:23 foregoing[z] 75:9,10
44:8 45:2 50:18 62:10,15
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71:19 drastically[1] 23:1 entitledfarm[6] 1:10 26:17 28:10 forgot[1] 31:11
developments[7] 7:22 drive[a] 8:14 25:12 41:17 entrance[a] 7:9 21:16 37:11 38:17 68:14 forward[1] 47:12
21:17 46:22
9:15 10:8 25:22 26:19 41:23 farmer[1] 13:4 four[a] 9:15 32:6 42:6
30:2,16 driveway[1] 51:16 entrances[1] 45:3 farms[3] 28:16 49:15,15 59:20
develops[1] 16:6 dry[1] 44:16 entry[1] 44:7 fast[z] 13:13 30:24 four-acre[1] 55:14
deviation[1] 33:10 Due[1i 72:11 Environmental[1] father[1i 68:19 Fox[38] 3:16 5:16 6:18
difference[z] 13:17 Duggan[8] 60:11,14,14 48:21 8:17 9:13,18,18,22 10:23
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38:8 61:1 63:7 65:24 66:9,11 envisions[li 55:3
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differences[1] 4:22 duly[17] 4:3 8:11 9:2 63:16 25:12 26:13 28:9 31:14
different[lo] 17:14 12:13 25:9 32:23 36:7 essentially[s] 11:16 feasible[1] 71:12 32:5,12,16 33:2 36:3 37:9
26:24 29:17 33:22 34:6 40:7 51:13 53:4 54:8 16:22 47:10,13 55:22 37:10 39:8 41:12,20,22
35:4 37:17 47:21 72:24 56:13 60:12 63:13 67:24 estate[s] 24:2,5,15 26:3 features[z] 38:6 43:18
73:7 72:20 75:4 48:5 February[1] 1:9 42:7,12 46:22
dike[1] 20:3 during[3] 17:24 53:24 Estates[z] 35:19 36:12 feedback[1] 52:5 front[2] 51:17 57:21
68:6 fees[zi 52:1,3 frontage[z] 69:21,23
DINA[1] 2:8 et[1] 15:19 Full[1] 73:13
direct[1] 66:9evening[a] 12:22 36:9 feet[18] 13:16 16:18 fund[z] 11:17,19
direction[z] 38:12 39:18 -E_ 36:10 68:2 24:19,20 31:12,17,20,21
E[a] 2:1,1,9,9 Evergreen[a] 9:22 26:17 31:24 32:4 34:19 39:22 funnel[2] 12:3,4
directly[3] 42:11,24 40:24 45:13 56:24 57:10 future[a] 31:23 47:5,6,8
Depo Court Reporting Service Index Page 3
Naperville, Illinois (630) 983-0030
t Yorkville Plan Commission Multi-Page TM G-U-R-N -manufacturers
February 9, 2005
54:2 57:2 59:6,14,18 18:24 51:24 3:17 20:7,11 35:21,23 27:10 31:2,5,8 32:15,19
-G- 67:10 72:4 74:2,4,8,14 include[1] 70:6 36:4,4 52:15,17,22,23 33:19 34:17 35:7,11,14
75:9,13 57:3,10 59:23 60:1,8,9 35:17 36:19,24 37:2 42:2
G-U-R-N[1] 53:7 Including[11 73:16 67:14,16,21,21 46:3 47:18 50:22 52:8,11
hearings[2] 59:11 74:17 incom atible[11 62:7
Game[1] 1:10 HEITZ[11 2:10 p kind 54:5 56:7,16 57:7 58:11
[s1 25:21 26:15
general[4] 30:13 53:8incorporate[1] 46:14 69:12 70:21 72:24 59:1,13,18 60:23 63:6,8
help[2] 11:20 15:13 63:22 65:6,17,21 67:3,6,9
60:2 63:3 incorporated[2] 55:23 known[2] 49:10,12
[11 9:20 hereunto[1] 75:14 67:12 72:11 73:13,18,23 74:2,7
generateKRAUPNER[1] 2:3 74:11,13
gentleman[4] 17:15 Hi[2] 56:15,16 incorporating[1] 43:18
25:6 27:9 33:3 high[2] 19:19,20 incorrect[2] 58:5 59:9 line[3] 30:11 34:1 38:16
gentleman's[1] 14:13 higher[3] 49:7,12,20 increase[4] 13:9,21 -I' line-up[11 26:18
Gentlemen[1] 47:19 highest[1] 70:11 17:21,22 Lady[2] 51:4 63:9 lines[3] 28:24 29:8,9
Gilmour[8] 25:8,11,12 highlight[2] 69:10,18 increased[2] 55:24 56:2 lakes[31 6:18 13:8 44:9 list[2] 57:9,21
27:4 28:4,19 29:23 31:4 highlighted[2] 48:4 indicated[1] 70:23 land[23] 5:16 17:5,5 live[7] 8:14 25:12 33:2
GIPS[1] 2:8 70:13 individual[1] 42:3 23:18 24:1,2,5 27:2,18 57:17,18,24 63:16
gist[11 37:4 Highpoint[1] 3:17 industrial[41 61:7,16 38:13 52:3,9 7 lived[11 68:20
g 51:21 52:3 53:12,14 56:18
Glen[5] 5:16 12:16 25:12 highway[2] 49:22 50:5 61:24 64:23 56:23 57:17 61:12 69:13 LLC[5] 3:9 35:20 52:13
32:12 33:2 histo [21 9:7 68:11 informative[11 29:24 59:21 60:16
history landscape[s1 44:19 69:1 di
Glyman[1] 53:17 hold[2] 13:10 28:6 informed[2] 54:22 55:9 69:2 70:6 72:23 loang[1] 25:14
goes[51 11:7,16 26:6 72:1 HOLDIMAN[2] 2:4 infrastructure[11 26:16 landscapers[1] 73:16 locality[1] 8:23
72:24 74:6 INGEMUNSON[23] landscaping[2] 44:23 location[5] 42:1 49:24
Goltermann[3] 67:23 hole[1] 12:5 4:2,5,8,15,18 5:9 6:14,17 70:17 61:23 62:19 66:4
68:2,4 home[1] 10:23 7:15,18 8:19 11:14 14:22 lane[2] 9:8 46:24 locations[1] 40:12
good[41 36:9,10 38:19 homes[2] 10:13 52:13 15:4 31:15,20 33:11 34:15 lanes[z] 12:1 32:6 Lombard[1] 69:6
68:2 34:18,21,24 35:10,13 honoring[1] 47:14 large[2] 45:17 61:5 longer[11 18:22
Graff[1] 69:12 initial[1] 54:17 look[11] 13:1 22:19,22
hook[1] 7:22 larger[1] 73:10
granted[1] 18:22 inline[1] 37:1532:2,12 41:14,17 44:16
hook-up[1] 28:8 largest[3] 34:23 35:8 47:2 59:8 73:4
great[1] 11:10 hopefully[z1 5:17 37:16 install[11 38:15 43:14
green[3] 14:3 55:2 69:17 p y insured[1] 73:17 looked[2] 22:11 42:7
horse[1] 10:11 LASALLE[11 75:2
Gregg[9] 4:2,6,11,17 5:2 looking[111 21:13,13
I_ intend[11 53:15
our[21 1:9 10:2 last[a1 9:10 45:1 67:10 25:18 31:22 32:11 33:4
8:16 11:13 34:17 35:9 intends[2] 69:1,3 68:19
ground[31 49:7,10,12 hours[4] 10:2 65:1,1,5 intensiveness[1] 51:2034:8 37:13 44:13 47:15
house[91 14:14,14 31:14 law[5] 48:4,19,23 49:4,9 51:19
group[2] 52:13 56:10 31:16,17,21 32:4 33:5 interconnect[1] 47:8 Lawn[1] 10:23 looks[2] 7:3 51:16
grow[1] 73:8 68:14 interest[2] 43:22 44:2 lay[1] 20:15 lots[23] 7:5,11 11:18
guess[3] 14:17 28:20 houses[11 31:23 intergovernmental[1] layout[2] 13:24 38:21 21:20,21 22:9 23:11 40:24
29:24 20:18 42:6,9,9,11,22 43:12,15
Huh[1] 66:23 learned[1] 59:2 45:16, , ,
17 49:191920 55:2
guidelines[2] 40:15 intersection[31 9:17,24
Huinker[io] 8:22 9:11:2 ,4 least[3] 22:16 32:7 44:22 69:15 55:4,6
4
gutter[z1 39:14 46:17 9:5 37:24 40:3 46:2,12,19 invested[z1 22:11,23 leave[11 26:12 loud[11 37:6
46:22
guys[2] 4:20 20:23 hundred[2] 19:21 50:10 issue[9] 10:17 21:19 22:6 left[2] 9:8 46:23 low[3] 10:20 21:23,24
22:7 25:16 26:24 46:7,9 left-turn[1] 46:24 lower[3] 49:10,15,19
-H- _ 48:1 less[1] 10:23 lowest[1] 70:12
-I issues[1] 70:15 letters[2] 52:2 57:12 LUCIETTO[3] 2:5
H[2] 59:21 60:15 idea[11 70:16 item[6] 3:8 35:18 51:7,7 License[11 75:21 35:4 74:5
Hamman[4] 59:21 60:15 ideal[2] 61:23 62:4 52:12 59:19 lies[1] 64:1 lying[2] 21:23 22:1
60:16,18 ideas[1] 71:1 items[4] 45:6,10,19,21 lifetime[1] 32:7
Hammans[1] 61:16 identify[2] 24:4 58:12 itself[1] 70:18 light[3] 9:18 54:19 66:7 -M-
hand[3] 3:4 68:4 75:15 IDOT[s] 68:8 69:12
handle[13] 8:18 9:14 lights[3] 65:2,11 66:12 M[3] 1:8 75:4,20
70:21 71:20 72:13 -J- likewise[1] 49:17 M-2[41 60:2,4 61:20 63:3
10:5,6,13 11:4,5,11 14:10
IDOT s[1] 69:18
18:5 19:22 39:6 44:18 January[31 53:18,21 limit[1] 65:4 M-c[11 53:7
Illinois[22] 1:2,11 2:11 71:5
Hanson[13] 63:12,15,15 limitation[1] 16:19 ma am[11 56:10
64:15,21 65:10,19 66:7 2:13 3:11,18 36:4 48:3,19 John[5] 2:12 15:13,20
48:22 49:4,9 52:16,23 limitations[11 47:16 mail[11 57:12
66:10,16,23 67:1,5 59:23 60:9 61:19 67:15 60:11,14 limited[1] 55:21
happy[1] 56:4 67:21 69:6 75:1,7 joke[1] 30:21 maintain n[1 [1172
hardsca a[11 73:4 um 1 limiting[z1 16:10,12 maintaining 7:2
P illustrate[11 30:2 jump[ 1 64:10 limits[1] 27:19
maintenance[1] 52:4
harmony[1] 45:24 immediately[1] 64:3 JUSTIN[1] 2:12 Lincoln[21 61:17 64:1 major[1] 54:20
hate[11 30:21 impact[1] 52:1 Linda[21 32:22 33:1
majority[2] 55:15 60:16
hear[2] 23:20 37:5 important[1] 49:8 -K_ LINDBLOM[67] 2:2 makes[11 71:20
heard[3] 6:22 25:15 improved[1] 39:9 keep[3] 7:3 48:1 71:13 3:2,7 4:6,11,17,23 5:2,6
40:11 7:13,17 8:2 11:12 12:9 management[2] 16:4
improvement[1] 52:3 keeping[11 39:3 20:12
hearing[15] 3:20 36:14 improvements[2] Kendall[24] 3:11,13,17 15:11,18 19:7 25:2,5 27:6
pmanufacturers[1]
Depo Court Reporting Service Index Page 4
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page`'` Manufacturing - police r
February 9, 2005
64:16 money[2] 22:11 23:5 northeastern[i] 5:13 order[3] 27:3,4 45:7 permitted[2] 60:4 63:5
Manufacturing[2] 60:3 Montalbano[i] 52:13 northern p] 66:5 ordinance[7] 16:9 24:17 person[1] 68:20
63:4 months p] 37:12 northwest[2] 55:8 70:13 24:19 36:16 63:5 64:22 perspective[1] 73:5
map[s] 13:15 23:8,9,12 most[s] 17:13,23 18:17 notes[1] 75:11 65:4 Pete[io] 8:20 9:1,4 37:24
65:18 45:18 49:8 53:21 54:19nothing[i] 71:17 ordinances[3] 38:23 39:11,15 40:3 44:14 46:1 maps[i] 42:3 66:1 52:2 65:9notice[2] 36:15 57:1 46:5
marked[2] 58:23 70:21 Mother[i] 13:10 oriented[1] 70:5 petition[5] 3:21,22
market[1] 30:24 motion[2] 3:2 74:3 now[35] 5:20 7:3,19 9:20 originally[2] 5:20 43:6 36:20 53:21 59:16
9:24 10:3,9,24 14:15,18
Marketing p] 67:11 move[6] 31:3 35:18 51:2 16:2,3 17:9,10 18:6 24:9 out-building[1] 68:16 petitioner[6] 3:9,24
matter[2] 1:7 57:6 52:12 59:19 67:10 24:18 26:9 28:15 32:9 outlined[2] 69:17 70:20 35:20 36:11 53:1,8
maximize p] 6:20 moved[s] 5:14 22:10 33:7,16,24 34:6 37:11 outside[3] 35:3 70:8,9 petitioners[4] 5:15
68:22 74:5,7 38:11 42:14 50:3,13,24 52:14 59:21 67:13
maximum[1] 39:23 overnight[1] 33:17
movement[i] 38:20 57:23 63:20 66:17 69:7 oversees i 53:13 petitioning[2] 26:20
may[14] 8:17,18 16:15 74:14 [ ] 30:10
18:23 25:24 28:4 29:16 moving[i] 26:13 number[4] 35:18 52:12 owner[2] 49:6 68:13
34:1 39:13 55:1 56:5 58:9 Moyers[i] 67:12 55:21 59:20 owners[16] 5:16 27:18 phase[z] 46:15 72:3
58:10 69:8 Moyers' [1] 68:19 nutshell[1] 56:3 49:10,14,19 53:10 56:18 Phil[4] 37:22 40:2,6,9
MAYOR[6] 21:10 29:3 MS[33] 2:5,8 32:17 33:1 56:24 57:10,17 60:17 68:7 Physical[1] 64:13
29:6 34:5,12 48:16 33:15,21 34:11,14 35:4 -0- 69:13 71:8,10,11 physically[1] 28:23
McGurn[s] 53:3,6,7 51:15 56:15,17,22 57:16 owns[2] 37:11 61:11 picked[i] 20:12
58:9,12,16,19,21 57:22 58:4,8,14,18,20 o'clock[1] 51:1 picket[1] 14:16
mean[9] 11:8 19:15 59:12 63:15 64:15,21 Oaks[1] 23:8 -P- picture[2] 14:12 18:9
28:5,15,19 65:10,19 66:7,10,16,23 ictuses[i] 12:17
22:21 24:22 oath[1] 75:5
29:17 32:12 67:1,5 74:5 P[3] 2:1,9,9 P
objectives[1] 26:2 iece[3] 27:12 28:21 29:1
means[3] 49:14,21 72:3 must[3] 49:6,15,22 p.m[1] 1:9 P
[1] obviously[z] 41:10 ink[z] 70:13,20
mutually meant[1] 33:12 30:20 46:12 packet[i] 4:20 P
Meek[i 1] 36:6,9,11,22 off[16] 9:7 16:22 17:8 page[i] 48:5 pipe[I] 19:13
37:1,3 46:1,5,18,21 48:12 -N- 20:15 31:11,14,24 32:5 paper[i] 59:3 place[3] 15:22 64:8 66:1
meeting[6] 1:1,6 4:13 N[2] 2:1,9 32:13 36:13 40:18 41:22 papers[1] 54:4 placed[2] 41:24 44:8
20:13 21:4 69:12 naive[i] 10:10 46:23 61:13 70:21 71:6 parameters[1] 17:2 plain[1] 42:15
meetings[i] 54:23 name[iz] 8:7,13 12:15 office[3] 36:18 58:24 paraphrase[i] 25:24 plan[so] 1:1 4:4 5:10,11
meets p] 29:1261:8 5:21 7:23 8:12,23 9:3,6
25:11 32:20 33:1 36:10 parcel[3] 55:14 66:5
Meinzer[6] 68:24 70:3 53:6 60:14 63:15 68:3 old[3] 7:15 71:6,13 68:10 12:14 20:12 22:24 23:9
23:18,23,23 25:10,17, 1
72:7,19,22 73:15 69:2 once[9] 7:21 28:4 38:17
park[12] 6:4,6,8 38:8,11 24:11,13,13 25:10,17,18
Meinzer/CCM[i] Naperville[1] 2:11 46:15,24 47:2,12 71:23 38:12 43:7 44:8 54:16 25:19 26:1 27:15 30:13
67:1173:23 55:7,8,9
natural[4] 7:3 22:19 49:4 32:8,8,24 33:8,9,22 36:8
Melissa[3] 56:12,17 49:16 one[46] 4:19,21 5:18,20 parking[i] 16:21 37:21 38:10 40:3,8,13,16
59:7 naturally[3] 49:7,12 5:21,23 7:9,10,16,18 partui] 4:14 17:3,10 40:19 44:11 45:7,9,10,22
Melissa's[1] 59:2 50:1 11:14 13:18,24 18:9,13 18:13 27:8 49:3 57:14 45:23,24 46:13 51:9,14
1Menard's[4] 62:2 64:24 nature[3] 13:10 50:2 28:213: ,21 25:2614 61:10,16 69:22 70:19 51:19 53:5,14,17 54:9,14
66:2,18 68:9 21:1221 2 23:2244 25:15 26:1 articular[3] 61:9 62:9 54:17 55:3,22,23 56:14
26:11 30:8 31:5,7 32:17 P 60:5,13 61:7,22 62:8,18
mentioned[4] 40:23 nauseam[1] 25:15 34:20 35:15 37:9 41:12 62:16 63:2,14 68:1,4 71:2,3,11
41:1 43:10 51:7 necessarily[1] 28:17 43:5 44:18 45:1 47:23 partnership[i] 60:17 72:21
merge[1] 26:3 need[2] 7:19 32:12 48:2,10 49:3,8 51:6,16 passes[2] 3:2 50:7 planned[3] 9:15 22:8
53:15 61:3 62:16 65:22
met[1] 5:15 negotiate[2] 71:10,11 past[I] 9:7 72:1
one-acre u] 22:8
Michael[2] 53:3,7 negotiations[2] 27:18 One-Family[3] 3:14 pattern[i] 30:3 planning
23 n17 26g3[37 202 '26,15
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microphone[2] 8:7 68:6 patterns[i] 47:14
36:1 52:19
32:20 53:22
neighborhood u] 65:12 one-inch[z] 12:19 16:22 Pavilion[s] •37:10 38:16
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might[a] 3:23 34:15 71.6 i 56:4 64:17,19 68:8
53:23 70:2 network[2] 47:5,7 open[io] 6:10,24 17:9 paying[ ] 11:15 plant[3] 13:4 62:17 64:24
Mike[5] 2:7 23:17 29:16 never[i] 18:5 39:3 43:13 46:20 55:2,5 PC[7] 3:8 35:19 51:2 lants[3] 73:5,6,7
new[ii] 20:8 23:9 24:10 71:14,19 52:12 59:19,20 67:10 P
54:11 63:22 Pedestrian[i] 44:3 pleasing[1] 44:13
Mikes' [i] 54:11 40:13 44:1,19 45:7,10 opening[z] 15:23 17:18 P Pledge �
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mile[i] 61:11
newest[2] 21:9,11 operated[I] 65:1 56:2 plot[�] 73:10
mind[2] 25:16 48:12 next[3] 25:6 48:5 54:4 people[7] 4:24 6:22 9:11 plus[2] 31:18,18
operating[z] 65:11 69:1
minimum[no] 7:6 24:1716:1 50:12 57:24 73:2 point[is] 6:13 7:20 8:4
24:18,20 33:14 34:4 35:2 nice[i] 38:6 operation[2] 72:8,16
night per[ill 6:3 11:1,15,18 16:8 19:5 29:24 30:1
39:21 41:21 44:22 g [2] 64:23 65:11 opportunity[1] 39:13 12:7 16:8,18,18 40:13,14 40:20 41:3 51:6 58:10
minutes[2] 54:11 59:7 nobody p] 10:10 Opposed[1] 74:11 percent p] 55:5 59:4 69:9 70:1 71:6
mistaken[i] 39:15 none[2] 59:18 74:2 opposite[i] 66:2performance[1] 52:1 points[i] 51:18
mix[i] 62:17 north[2] 61:6 69:23 orange[i] 69:18 period u] 18:22 police[1] 52:6
Depo Court Reporting Service Index Page 5
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page m pond - services
February 9, 2005
pond[31 21:22 44:17 63:19 64:1,4,5,8,11,14 rates[11 17:12 requirements[1] 29:12 roadways[1] 47:8
70:17 65:18,20 66:18 67:19 rather[2] 55:10,11 research[2] 61:8 65:8 Ronald[1] 67:12
ponds[2] 44:14,15 68:14,20 69:4,17,22,22 read[a1 26:1 48:3,7 57:3 Residence[3] 3:14 36:1 Rosen[11 64:1
70:11,12,14,24
portion[2] 55:17 61:18 reading[11 59:3 52:19 route[1a1 13:15 17:15
ossible[11 28:24 proposal[3] 68:23 69:19 residents[2] 10:19 46:8 28:18 29:11,17,18 67:20
P 69:20 ready[11 62:17
possibly[3] 32:13 46:8 proposed[u1 6:4,6 9:6 real[91 3:15 36:2 48:5 Resources[11 20:12 68:8 69:13,14,20 71:4,7
66:8 23:24 25:13,22 26:14,19 52:20 54:13 60:6 67:19 respect[21 37:15 62:24 71:13
Post[1] 58:23 38:9 56:24 66:8 68:5,18 respond[11 11:14 rule[1] 49:14
post-development[11 proposing[2] 38:14 39:5 realignment[1] 71:24 response[8] 14:20 35:16 Rules[11 49:4
17.8prospective[1] 64:16 really[4] 22:15 38:21 52:10 59:17 67:8 73:22 run[61 18:22 28:20,24
potential[4] 60:22 61:2 41:13 42:11 74:1,12 29:8,14,15
protected[11 63:1
62:18 70:21 P rear[1] 69:22 responsibility[5] 10:4 running[2] 18:8 30:18
potentially[1] 16:1 protections[11 62:23 reason[a1 20:17 22:17 10: 5 12:7 14:23 15:2 runs[2] 69:16 72:9
Prairie[1] 61:17 provide[31 43:9,21 47:7 42:1 57:2 restrictions[3] 32:3
pre-annexation[1] provided[2] 9:88 42:21 reasons[1] 43:5 51:21 52:3 -$-
63:21 provides[11 47:5 restrictive[2] 17:14
recap[11 48:23S[2] 2:1,9
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47:13 36:14 57:14 59:6,10,14 P [ 1 retail[21 70:4,5 Sang[1] 67:12
67:10 72:4 74:3,8,13,17 receipts[2] 36:17 57:12 sat[1] 9:17
preparation[1] 53:13retaining[1] 21:22
75:9,13 receive[3] 49:6,11,20 Saturday[2] 21:3,7
prepared[11 60:20 retention[31 39:5 44:6
publication[21 48:15 received[6] 3:21 36:17 51:22 Saturday's[2] 20:13
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presenting[11 37:23returned[2] 57:13 58:23
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preserved[2] 54:24 57:4 22:17 review[1] 64:20
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71:21 31:18 33:23 35:3,6 65:23
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43:21 44:11 putting[11 10:11 reconfigured[11 71:4 51:8 52:17 54:2 60:1 Schneller[s] 8:10,13,14
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principles 9:10 11:23
problem[1o1 11:7,24 -Q- 36:20 48:3,8 53:6,16 57:4 Richards[1] 58:15 school[2] 11:3 55:13
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50:19,20 70:19 quarter[1] 23:10 records[1] 58:2 28:8,13 29:1 35:19 36:12 schools[1] 52:6
roblems[31 11:3,3 questioning[1] 32:16 reference[3] 24:8,9 Ridge's[1] 27:16 Schoppe[16] 2:7 20:9
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20:14 questions[111 8:1,4 27:11 right[38] 3:4 4:15,16 6:16 27:11 28:12,23 29:5 51:5
procedure[11 57:6 15:12 40:2 56:4,5,8 63:8 references[1] 62:13 9:8 11:9 13:2 14:14 17:9 63:24 64:18 65:7
proceed[1] 59:14 63:18 67:7 73:20 refers[1] 40:15 18:2,2,11,13 19:16 20:4 Sciences[1] 48:21
proceedings[4] 1:6 Quite[11 43:2 reflect[11 5:11 20:19 21:20 23:19 25:23 se[11 12:7
74:16 75:9,13 26:9,21 29:20 31:13 33:7
reflected[11 6:10 33:16,24 46:23,24 48:4 seasonal[1] 73:6
process[1] 53:24 -R regard[1] 10:16 50:11 51:17 57:22 63:17 seasons[1] 73:7
processes[11 20:16 R[2] 2:1,9 regarding[2] 3:22 47:20 65:23 66:16 69:16 73:14 SEC[2] 37:22 40:10
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progressing 30:18 35:24 37:13 40:23 release[31 17:12 18:4,18 seconded[1] 74:8
[1] 28:9 River's[1] 30:6
ro ect[16] 27:22 28:5 41:1 42:23 45:8 52:19 relevant[11 14:18 Rivers[11 10:22 Secondly[11 56:22
P 37:8,23 38:1,9,17,21 R.P.R[1] 1:8 relocation[1] 69:19
road[61] 1:10 3:16,17 seconds p1 9:18
39:24 46:10,11,16 57:1 railroad[19] 14:6,7,18 remedied[1] 57:6 6:18 8:15,17 9:13 10:4 see[20] 4:24 5:4 6:19
60:22 61:18 62:14 14:23 15:9,21,23 16:14 removed[1] 42:10 11:24 12:1 13:16 14:4,5 12:23 13:2,24 14:13,15
promote[1] 20:18 16:24 17:1 18:5,19 19:2 repeat[1] 3:5 17:16 18:9,9,13,17 19:1 24:24 32:4,7 38:7 41:19
proper[11 73:5 19:11,14 20:3 46:9 49:21 REPORT[11 1:6 25:23 26:13 28:9 31:12 41:24 42:20 54:24 59:8
properly[21 17:11 63:1 50:14 reported[11 75:8 31:17,21,24 32:5,6,13 61:5 69:18 73:3
railway[1] 48:10 36:3 37:9 39:8,14,17,19 seeing[11 44:9
properties[11 28:1 railways[1] 48:6 reporter[2] 37:5 75:6 41:12,14,20,23,24 42:7 semblance[11 27:2
property[52] 3:15 6:7 represent[11 56:23 42:12, sense[1] 43:22
19 46:22 50:5 51:16
rain[21 12:19 16:23
7:10 11:9 14:24 15:5 request[2] 37:4 38:22 51:24 52:3 55:20,21 60:8
22:23 27:12,15,16 28:21 rained[1] 12:21 [61 3:11 9:7 uesting 61:3,14,14 63:17 65:15 sent[1] 58:7
29:1,2,20 30:18 36:2 rainfall[11 12:21 req65:22 66:4,6,19 71:14 separation[1] 43:1
37:11 52:20 53:10 54:21 35:22 52:16 59:23 67:15
raise[11 3:4 roads[3] 52:22 62:5 service[4] 36:15 53:9
55:14 57:10 60:6,17 61:6 required[3] 18:24 51:24 65:17 67:18 73:13
61:9,10,15 62:4,24 63:17 ran[2] 16:22 55:7 58:2
rate[2] 18:4,18 roadway[11 47:5 services[2] 26:23 29:14
Depo Court Reporting Service Index Page 6
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page'` servient- vicinity
February 9, 2005
servient[1] 49:10 space[3] 6:11,24 43:13 successful[1] 71:18 Thoughts[1] 20:11 twenty[z] 56:1 65:1
set[z] 31:23 75:14 spaces[1] 39:3 such[3] 18:4 27:21 44:2 thousand[1] 35:1 twice[2] 42:22 73:24
setback[31 31:11,19 speaking[3] 3:23 34:1 Sue[z] 63:12,15 thousands[1] 10:13 two[13] 4:18,22 12:16,21
40:24 52:24 sufficient[1] 49:23 three[61 6:18 42:6,11 19:22 21:20,21 22:19
setup[1] 34:6 special[2] 60:3 63:4 suggestion[1] 15:7 58:22 60:18 68:17 35:18 42:9 43:12,14 47:6
seven[1] 13:20 specific[2] 47:15 64:19 suggests[1] 24:14 through[281 9:19 13:2,5 tying[1] 43:5
seven-foot[1] 19:13 specifications[11 29:12 Suite[11 2:10 13:6 19:3 28:18 29:2 type[8] 27:24 61:15,16
several[4] 40:11 56:23 specifics[z] 47:1 68:18 40:14,16,20 41:8,9,10,17 61:22 62:9 63:21 65:3
P Summarized[�) 37:3 43:6,8,24 44:20,21 45:22 72:8
57:16 63:18 spend[1] 54:10 sums[1] 45:18 49:16 50:7 59:3 65:18,19 types[11 62:21
sewer[a] 23:4 28:8,21 spoke[z] 4:14 17:15 Sunda [2] 12:21,22 68:13 72:1 73:3
29:18 y typical[1) 27:24
spreading[1] 19:2 sunny[1) 73:8 tie[1] 70:16
shady[1] 73:8 Springs[1] 32:3 tiles[1] 41:8 typically[1] 42:23
shelf[1] 28:11 supply[1] 73:16
sheriff[z) 66:22,24 square[12] 7:5 24:19,20 suppose[1] 37:12 title[1] 20:10 -U-
33:13 34:19 39:21,22 titled[z] 49:4,5
supposedly[1] 58:7
short[1] 73:12 40:24 45:13,15 61:11 70:4 surface[z] 49:6,11 today[s] 26:1 36:17 37:1 U.S[1] 58:23
shortage[1] 30:17 ss[1] 75:1 57:17 60:20 ultimately[l1 66:5
shorthand[3] 75:6,8,11 Staff[4] 53:20 54:3 55:12 surplus[1] 61:12 uncommon[1] 27:17
surrounding Tom[8] 2:2 4:10 25:8,11
show[s] 4:22 12:18 14:12 71:17 g[31 26:4 27:7 34:15 51:5 56:15 under[z] 33:21 36:15
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32:10 55:18 stage tomorrow[1] 37:1 underneath[6] 14:9
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22:18 stand[3] 3:4 5:10 37:5 swale[3] 13:5 39:10 26:15 27:14 37:20 40:11 22:24
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65:21 44:22 65:9 Swipe[1] 13:2 Tony[1] 69:12 13:12 15:6 16:2 17:11,19
shows[2] 5:22 18:9switch[z] 33:17 71:23 23:9,11 26:18 28:7 37:14
start[31 5:10 36:13 40:18 tOO[7] 4:24 16:20 19:19 39:10
side[4] 7:1 42:14,18 64:2 state[7] 3:20 8:7 32:20 Sworn[18] 3:6 4:3 8:11 19:20 23:7 34:6 37:8
9:2 12:13 25:9 32:23 36:7 understood[1] 25:19
signage[1] 45:5 48:3 50:1 75:1,6 top[2] 12:3 18:8
40:7 51:13 53:4 54:8 United[17] 1:2 2:12 3:10
signed[1] 19:12 statement[1] 17:19 56:13 60:12 63:13 67:24 total[3] 9:23 17:23 70:7 3:12,13 35:21,22,24 52:15
signify[1] 74:9 states[1] 20:19 72:20 75:5 touch[1] 54:13 52:16,18 59:22,24 60:2
Silver[2] 32:3,16 step[1] 72:7 system[6] 38:15 39:10 touched[1] 45:1 67:14,15,17
similar[2] 38:3 69:7 stereo[1] 25:15 46:20 49:18 55:19 61:3 touching[1] 41:10 units[4] 6:3 11:1 39:23
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71:3 stop[4] 14:4,5,5 66:17 -T- toughest[1] 17:3 University[1] 48:21
Sit[1] 29:21 storage[1] 70:8 T[1] 2:1 towards[3] 57:21 70:5 unless[1] 49:17
site[9] 39:2,7,24 44:6 storm[1] 16:20 tax[3] 58:1,7 62:11 71:22 up[26] 4:7,19 5:13 8:6,21
45:2,2 60:4 62:18 72:10 storms[1] 17:24 taxing[i] 52:6 township[7] 3:17 20:12 12:10 14:1,10 15:23 18:6
sites[2] 26:14 64:23 36:4 39:17 52:23 60:9 20:13 23:8 26:23 30:24
stormwater(3] 16:3 team[1] 45:11 67:21 32:20 40:2 44:7 45:13,18
situation[1] 47:22 39:5 46:8 Ted[z] 8:10,13 45:23 46:2,10 51:6 53:24
six[z] 13:19 55:10 street[3] 9:19 21:14 telling[z] 48:12,16 track[1] 50:14 67:1 72:7
size[9] 23:14 24:17,18 25:13 tracks[z] 14:6,7 u ade[1] 15:8
temporary[1] 71:21 P�
33:5,5,15 34:19 39:22 structured[1] 44:5 traffic[21] 8:17,18,20,20 u sized[1] 15:22
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sizes[a] 7:7 24:5,9 45:13 studies[2] 8:17 10:1617:12 18:18
slated[2] 22:9,14 tenant[2] 49:11,13 65:13,14,14 66:3,15,18
slightly[1] 55:2 study[3] 8:20,21 66:15 tender[2] 36:16 53:9 trail[5] 38:14,15 43:6,7 Urbana-Champaign
Stuepfert[6] 37:22 40:2 55:19 [1] 48:22
slow[3] 13:8,12 17:20 40:6,9,9 42:4 terms[z] 38:13 44:23 used[2] 30:10 57:23
testified[161 4:3 8:11 9:2 trails[1] 43:5
smaller[2] 38:11 55:2 subdivision[17] 13:18 transcript z uses[7] 43:4,10 60:3 61:3
12:13 25:9 32:23 36:7 [ ] 4:12 75:11
smallest[41 17:16 34:20 16:4 20:1 21:14,15,17 62:16,21 63:4
34:22 35:8 22:18 30:7 33:3 34:3 39:1 40:7 51:13 53:4 54:8 transition[1] 43:9
42:18,24 43:11,15 51:23 56:13 60:12 63:13 67:24 treatments[1] 44:19 utilities[l1 29:20
Smith[1] 9:5 72:20
sons[1] 60:18 52:1 tree-lined[1] 38:15 _
subdivisions[4] 22:20 thank us] 11:12 25:4,5 trees[2] 39:4 41:7 -V
Sorry[s] 6:12 9:4 23:21 40:12 45:14 47:9 27:4,6 34:14 47:19 50:21 tribut vacant[1] 58:23
31:4 35:6 52:6,8 54:4 63:7 67:3,5 ary[1] 54:20
sort[1] 71:21 subject[z] 60:4 69:16 73:19 trickle[z] 19:15,16 value[1] 30:14
Source[1] 48:13 submit[z] 58:21 59:8 themselves[1) 29:15 trucks[1] 66:17 variance[1] 47:14
south[4] 38:16 47:7 submitted[z] 8:22 9:5 theory[1] 18:16 true[1] 75:10 variances[2] 38:22,24
55:20 70:10 submitting[1] 54:3 They've[2] 34:5 37:12 trying[s1 14:11 19:22 variation[2] 33:13 34:13
southeast[4] 42:21 subparagraph[1] 49:5 thinking[1] 72:9 27:1 30:1 32:10 vehicular[1] 43:4
52:21 55:8,17 subsequent[1] 71:5 third[1] 34:19 turn[s] 9:8 14:8 31:24 version[1] 35:5
southeastern[1] 6:5 substation[2] 61:13 thought[6] 41:18 43:16 46:23 50:14 viable[1] 71:12
southwest[1] 37:10 62:1 45:8,16,20 71:7 turned[1] 14:2 vicinity[1] 62:6
Depo Court Reporting Service Index Page 7
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Pagem View - zoning
February 9, 2005
View[11 44:4 Yorkville[27] 1:2,10
VITOSH[3] 1:8 75:4,20 2:13 3:10,12,14 6:2 10:6
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28:8,21,24 29:18 39:6 37:14 38:23 41:2 42:23
41:24 47:22,24 49:6,11 45:8 51:20 54:13 63:4,5
49:16,20,24 50:7,23 51:24 68:24 71:19
watershed[11 16:13
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weeks[1] 12:16
west[s1 10:22 19:22
27:13 28:9 61:14 62:2
64:3 67:20
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whatnot[11 71:22
WHEREOF[11 75:14
whichever[11 18:21
white[2] 14:12 23:8
Whitehouse[141 15:6
15:10,20,20 17:22 18:3
18:11,15 19:17,20 20:4
48:7,14,18
whole[5] 13:15 18:14
20:3,6 41:14
wide[11 42:16
widens[1] 21:20
willing[1] 29:13
wish[11 4:7
within[7] 34:9 56:24
57:10,18,18 61:21 63:1
without[2] 25:14 38:22
'WITNESS[1] 75:14
Witnesses[11 3:6
wonder[11 26:9
wondering[21 63:19
65:3
words[11 72:16
worked[2] 28:1 53:19
works[1] 53:12
'written[1] 57:1
wrong[1] 26:7
WYETH[2] 2:10,12
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yard[31 14:16 19:3 51:17
yards[1] 19:21
years[3] 50:10 68:17,21
yesterday[3] 69:11
70:23 72:2
yet[6] 12:7 26:20,20 31:9
51:1 72:3
Depo Court Reporting Service Index Page 8
Naperville, Illinois (630) 983-0030
Page 1 of 4
UNITED CITY OF YORKVILLE DRAFT
PLAN COMMISSION
YORKVILLE CITY HALL COUNCIL CHAMBERS
WEDNESDAY, MARCH 23,2005
Chairman Tom Lindblom called the meeting to order at 7 p.m.
ROLL CALL
Members present: Clarence Holdiman, Anne Lucietto, Bill Davis, Sandra Adams, Brian
Schillinger, Jack Jones and Tom Lindblom.
A quorum was established.
VISITORS
Mayor Art Prochaska; Alderman Richard Sticka; John Whitehouse, Engineering
Enterprises, Inc.; City Planner Mike Schoppe; City Attorney John Wyeth; Richard
Schreffrahn; Kevin Stough, Centex Homes; Fred Feinstein,attorney; Kevin Biscan,
Smith Engineering; Shane Schallock, SEC Planning; Dale Woodworth; Tim Winter,
MPI; Lynn Dubajic, Yorkville EDC; and Stanley Woodworth.
PUBLIC HEARINGS
1. PC 2005-11 The United City of Yorkville,petitioner, has filed an application with the
United City of Yorkville requesting rezoning from Estate District to R-2 One-Family
Residence District with a special use to allow a pumping station at 1975 N. Bridge Street.
See attached.
2. PC 2005-12 The United City of Yorkville, petitioner, has filed an application with the
United City of Yorkville requesting rezoning from Estate District to R-2 One-Family
Residence District with a special use to allow a pumping station at 101 Bruell Street.
See attached.
The public hearings were then closed.
Commissioner Anne Lucietto made a motion to change the order of the agenda to move
item 4 up to item 3. Commissioner Brian Schillinger seconded the motion. The motion
was unanimously approved.
NEW BUSINESS
1. PC 2005-11 The United City of Yorkville, petitioner, has filed an application with the
United City of Yorkville requesting rezoning from Estate District to R-2 One-Family
Residence District with a special use to allow a pumping station at 1975 N. Bridge Street.
Without discussion on the issue, Lucietto made a motion to recommend approval for PC
2005-11 as requested. Commissioner Jack Jones seconded the motion. The motion was
•
Page 2 of 4
unanimously approved in a roll call vote. Commissioner Clarence Holdiman abstained.
Commissioners Lucietto, Bill Davis, Sandra Adams, Schillinger, Jones and Tom
Lindblom voted yes.
2. PC 2005-12 The United City of Yorkville, petitioner, has filed an application with the
United City of Yorkville requesting rezoning from Estate District to R-2 One-Family
Residence District with a special use to allow a pumping station at 101 Bruell Street.
Without a discussion by the commission, Lucietto made a motion to recommend approval
for PC 2005-12 as requested. Adams seconded the motion. The motion was unanimously
approved in a roll call vote. Lucietto, Davis, Adams, Schillinger,Jones, Holdiman and
Lindblom voted yes.
3. PC 2005-06 Grand Reserve Unit 7 Lot 3011—resubdivision or lot
Tim Winter, from MPI, said that the park and school site on the lot originally was left as
one big unit and now the delineations have been set. He said the lot needs to be
resubdivided so that 12 acres will go to the Yorkville School District and the remaining
acreage of the estimated 21-acre site will go to the Park District.
City Planner Mike Schoppe asked if the school district is comfortable with the lot that has
been created and Winter responded that the district has approved the lot size. He said it
was the School District's plan.
John Whitehouse with Engineering Enterprises, Inc. said that all of the storm water
would be handed in a specified area not on the school site, which is why the school
district is okay with the 12-acre site as opposed to the usual 15 acres it requires.
Schillinger said that while he understands it's up to the School District to decide what its
future needs are, he said that one school for 6,000 people doesn't seem adequate.
However, Mayor Art Prochaska said the city doesn't know that the estimated population
will be. He added that the School District believes the plan is adequate.
Meanwhile, Schoppe said that there are school sites planned in developments north and
west of the Grande Reserve development that should be enough to handle the student
population.
Lucietto made a motion to recommend approval for PC 2005-06 the resubdivision of Lot
3011 as requested. Adams seconded the motion. The motion was unanimously approved
in a roll call vote. Davis, Adams, Schillinger, Jones, Holdiman, Lucietto and Lindblom
voted yes.
4. PC 2004-06 Bristol Bay–Preliminary Plan
Kevin Stough with Centex homes said the plan has been before the Plan Commission
twice before. This new plan consists of 633 acres, which features commercial space. 242
acres of open space including a regional storm water detention site, condominiums,
Page 3 of 4
townhomes, single-family residences, a school site, a fire station site, an amenities center
and neighborhood parks.
Since the plan was last presented in December, the density has reduced to 3.28 units per
acre from 3.4 units per acre. Also, a two-acre historic farmstead property has been added,
Stough said.
As for the townhomes, there are three different types planned most of which will feature
first floor master bedrooms. All duplexes also will have first floor master bedrooms and
will range in size from 2,000 to 2,200 square feet. Single-family homes,meanwhile, will
be sold on several different sizes of lots. There are six different models planned for the
larger lots. Of those models, four different elevations and four different color packages
will be available. On the standard-sized lots, there will be nine different models available
with four elevations to choose from a four different color packages.
Schoppe outlined his memo regarding the compliance of the project to the city's
Comprehensive Plan. In looking at the density, Schoppe said there is a 4.9-acre shortfall.
However, because of the large regional storm water basin on the property, that shortfall
needs to be taken into consideration. Whitehouse said that the regional storm water
detention area will be advantageous to all potential commercial properties up to Baseline
Road as well as to those located at the corner of Corneils and Route 47. Commercial uses
in those areas won't be required to have individual storm water basins on their property
because of the regional facility.
Meanwhile, he said that from an aesthetics and maintenance standpoint, the regional
detention facility, which will be a rather large body of water, could be a feature in itself
Lucietto wanted to know if traffic had been addressed. Whitehouse said meetings have
been set up to discuss the matter. Also, the Illinois Department of Transportation and
Kendall County have made some suggestions for improvements.
Lindblom commented that because the development has come to the city as a Planned
Unit Development the city has to option to weigh the good and the bad.
Davis then asked if the city's architectural standards were in place yet. Mayor Prochaska
said they aren't, but added that there are architectural standards in this agreement.
Schillinger asked what the population estimates are for the development. Stough said the
overall population is estimated at 5,200 with an estimated population of about 633
elementary students. While Schillinger said he likes what the plan has to offer the
community, he questioned the math on the estimated student population. He fears the
development will bring many more students and wondered if the planned school was
adequate enough to handle the expected student population. But, Mayor Prochaska said
the estimations are based on a state formula that has been tried and proven and is well
trusted. He also commented that the developers have talked to the School District and
received input.
Page 4 of 4
Moving forward, Lucietto said the engineering comments are good and that the project
seem straightforward. Davis asked to see some architectural renderings of possible homes
and other buildings to be constructed. Stough showed some drawings, which included the
planned clubhouse. He also said that the developer has an anti-monotony clause of its
own and also intents to follow the city's anti-monotony rules.
Lucietto suggested that the developer might want to upgrade the homes to match the area.
Stough, however, said that most people add at least$10,000 in options to upgrade their
homes.
As for the timetable on the project, Stough said they would like to start moving dirt in
early summer if approved.
Lucietto made a motion to recommend approval of PC 2004-06 as requested submit to
comments from engineers and city staff. Adams seconded the motion. The motion was
approved in a 4-3 roll call vote. Adams, Holdiman, Lucietto and Lindblom voted yes.
Davis, Schillinger and Jones voted no.
Lindblom reminded commissioners there will be two meetings in April. Lucietto then
moved to adjourn the meeting. Davis seconded the motion. The motion was unanimously
approved by voice vote.
The meeting adjourned at 8:20 p.m.
Minutes respectfully submitted by Dina Gipe.
PLAN COMMISSION MEETING
UNITED CITY OF YORKVILLE , ILLINOIS
REPORT OF PROCEEDINGS had at the meeting
of the above-entitled matter taken before
CHRISTINE M . VITOSH, C . S . R . , R . P . R . , on March 23 ,
2005 , at the hour of 7 : 00 p . m. , at 800 Game Farm
Road, in the City of Yorkville , Illinois .
D-754505
t:[
DEP® • COURT
reporting service
800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013
www.depocourt.com
2 .
1 PRESENT :
2 MR . TOM LINDBLOM, Chairman;
3 MR . CLARENCE HOLDIMAN;
4 MS . SANDRA ADAMS ;
5 MS . ANNE LUCIETTO;
6 MR. BRIAN SCHILLINGER;
7 MR . WILLIAM DAVIS;
8 MR . JACK JONES ;
9 MR . MIKE SCHOPPE ;
10 MS . DINA GIPE .
11 APPEARANCES :
12 WYETH, HEITZ & BROMBEREK
300 East Fifth Avenue , Suite 380
13 Naperville , Illinois 60563
( 630 ) 355-1458
14 BY : MR . JOHN JUSTIN WYETH,
appeared on behalf of the United
15 City of Yorkville, Illinois .
16
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1 ( Pledge of Allegiance )
2 CHAIRMAN LINDBLOM : I would
3 entertain a motion to go to public hearing .
4 MS . LUCIETTO : So moved .
5 MR . DAVIS : Second .
6 CHAIRMAN LINDBLOM : Discussion on
7 the motion?
8 (No response )
9 CHAIRMAN LINDBLOM : Hearing none ,
10 those in favor signify by saying aye .
11 (A Chorus of Ayes )
12 CHAIRMAN LINDBLOM : Opposed?
13 (No Response )
14 CHAIRMAN LINDBLOM : Motion passes .
15 At this time could we have anybody that wishes to
16 address the Commission in the public hearing
17 stand and raise your right hand?
18 (Witnesses sworn)
19 CHAIRMAN LINDBLOM : Going to the
20 other side of the table?
21 MR . WYETH : The public hearings
22 tonight are both in regard to City owned
23 property . They are both in regard to pumping
24 stations with the -- which the City intends to be
Depo Court Reporting Service ( 630 ) 983-0030
4 .
1 constructing very soon .
2 I ' ll take the first one in
3 order, which is what I ' ll refer to as the
4 Countryside pumping station, which is north on 47
5 across from Carpenter Street , which you may know
6 as the Wendy ' s .
7 In each case -- and I ' ll take
8 both of these together -- the land was acquired
9 and was annexed, but when annexed was not brought
10 in with any particular zoning; therefore , it was
11 defaulted to the estate zoning .
12 Technically the pumping station
13 is not a use within the estate zoning, so the
14 petition is to rezone as R-2 with special use for
15 the pumping station .
16 Just to flesh out what happens
17 here , as this was going through engineering, it ' s
18 a credit to the City Staff that they flagged this
19 as being technically in violation of the use for
20 this particular parcel .
21 I think being that it was a
22 City owned property, they could have forged
23 ahead, but they chose not to . They brought it
24 forward and said wait a minute , we need to make
Depo Court Reporting Service ( 630 ) 983-0030
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1 this in full compliance , so here we are in the
2 City, before the City, asking for a change of
3 zoning and for a special use for the pumping
4 station for the property, which is north on 47 --
5 1975 North Ridge Street is technically the
6 address -- across from Carpenter Street .
7 CHAIRMAN LINDBLOM : Take both of
8 them at the same time?
9 MR . WYETH : I ' d be happy to .
10 CHAIRMAN LINDBLOM : Just describe
11 what the --
12 MR . WYETH : The other one is located
13 near the former Lion ' s pool area . It ' s on Bruell
14 Street , and it is again identical in the way it ' s
15 coming forward .
16 It was annexed without zoning,
17 it defaulted to estate . It again needs to be
18 rezoned to bring it in compliance , and that would
19 be again R-2 with the special use for the pumping
20 station . Recommended by Staff .
21 CHAIRMAN LINDBLOM : Okay . Is there
22 any comments from the -- or questions regarding
23 either one of these projects ?
24 (No Response )
Depo Court Reporting Service ( 630 ) 983-0030
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1 CHAIRMAN LINDBLOM : Going once?
2 Going twice?
3 (No Response )
4 CHAIRMAN LINDBLOM : No comments ?
5 Okay . I guess not . I guess I have a motion to
6 close the public hearing .
7 MS . LUCIETTO : So moved .
8 MS . ADAMS : Second .
9 CHAIRMAN LINDBLOM: Moved and
10 seconded . Any discussion on the motion?
11 (No Response )
12 CHAIRMAN LINDBLOM : Hearing none ,
13 all those in favor signify by saying aye .
14 (A Chorus of Ayes )
15 CHAIRMAN LINDBLOM : Opposed?
16 (No response )
17 CHAIRMAN LINDBLOM : Motion passes .
18 (Which were all the
19 proceedings in the public
20 hearings . )
21 ---o0o---
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•
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1 STATE OF ILLINOIS )
ss :
2 COUNTY OF LASALLE )
3
4 CHRISTINE M . VITOSH, being first duly
5 sworn, on oath says that she is a Certified
6 Shorthand Reporter and Registered Professional
7 Reporter doing business in the State of Illinois ;
8 That she reported in shorthand the
9 proceedings had at the foregoing public hearing;
10 And that the foregoing is a true and
11 correct transcript of her shorthand notes so
12 taken as aforesaid and contains all the
13 proceedings had at the said public hearing .
14 IN WITNESS WHEREOF I have hereunto set
r,
15 my hand this L day of / i` { .(�';`�l
16 2005 .
17
18
19
20 7 vl eta/(__`
CHRISTINE M . VITOSH , C . S . R .
21 CSR License No . 084 -002883
22
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Yorkville Plan Commission Multi-Page TM & -wait
March 23, 2005
Bruell[ii 5:13 foregoing[2] 7:9,10 MS[6] 2:4,5,10 3:4 6:7,8 response[6] 3:8,13 5:24
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Yorkville Plan Commission Mufti-Page`N` Wendy's - zoning
March 23, 2005
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T f
Page 1 of 6 DRAFT
UNITED CITY OF YORKVILLE
PLAN COMMISSION
YORKVILLE CITY HALL COUNCIL CHAMBERS
WEDNESDAY, APRIL 13, 2005 7:00pm
Chairman Tom Lindblom called the meeting to order at 7:03pm.
ROLL CALL
Members present: Sandra Adams, Charles Kraupner, Clarence Holdiman, Michael
Crouch, Brian Schillinger, Tom Lindblom.
A quorum was established.
GUESTS:
Mayor Art Prochaska, Alderman Rich Sticka, City Attorney John Wyeth, City Planner
Mike Schoppe, John Whitehouse of Engineering Enterprises, Inc. Chris Vitosh-Court
Reporter. See also the attached sign-in sheet.
MINUTES (March 9,2005)
Mr. Holdiman commented he thought the meeting had ended earlier than indicated.
Since the time had not been recalled by anyone, the minutes were approved as written
Motion made and seconded by Sandra Adams and Clarence Holdiman, motion approved.
PUBLIC HEARINGS:
Moved and seconded by Mike Crouch and Sandra Adams to enter into Public Hearing.
Motion carried. Chairman Lindlbom swore in those making presentations.
1. PC 2005-02 Montalbano Homes and Conifer Group, LLC, Petitioners, application to
annex and rezone property at Ament and Penman Roads. Continuation of Public
Hearing held March 9.
See attached.
The Public Hearing was concluded at 7:15pm and Chairman Lindblom asked if there
were any questions or comments from the public. Since there were none, he asked for a
motion to close the hearing. Clarence Holdiman and Sandra Adams moved and seconded
to close the Public Hearing. Motion passed unanimously.
PRESENTATIONS
None.
OLD BUSINESS
None.
Page 2 of 6
NEW BUSINESS:
1. PC2005-02 Montalbano Homes and Conifer Group, LLC,Petitioners for
annexation and rezoning.
Mr. Lindblom corrected an earlier statement that annexation was being requested, and
said it was only for rezoning from A-1 to R-2 PUD. He asked for questions or
comments. Mr. Whitehouse commented briefly on the roads as they relate to the possible
school site.
Mr. Whitehouse also said he was concerned about the availability of sewer and water
service since the property is not contiguous to the City. He added that there is funding
available for off-site water and sewer. He said there is an MPI project in the vicinity,
which is also not contiguous.
According to Mr. Whitehouse, YBSD sewer plans include a pump station at Aux Sable
Creek and Ashley Road, west of Route 47. Water will come from an extension of the
City water. He added that a possible water site had been identified on the MPI property.
There is also an unnamed tributary of Aux Sable Creek for which the City will be passing
a wetland ordinance with buffer requirements.
City Planner Mike Schoppe commented that this concept plan complies with the
comprehensive plan and also complies with the Park District open space request. He
further stated the roads are laid out well. Mr. Schoppe added that several people are
concerned about the quality of the water in Aux Sable Creek as development begins.
Additional information is needed on the following according to Mr. Schoppe:
1. Road concerns
2. Landscape buffer
3. Trail issue
Mr. Schoppe addressed questions to Montalbano representative Andy Fitz, concerning lot
sizes and discussion with the schools. The size of the lots that back up to open space are
a minimum 10,000 to 11,500 square feet and all other lots are 12,000 or more. Mr. Fitz
stated that his understanding is that the City will take the initiative to talk with the
schools and obtain a letter of approval. Commissioner Schillinger stated he would like
to see the bike and hike trails lead to the school so they would be accessible for children
walking to school.
Since the basin will be designated as a"wet basin", Mr. Crouch, as a school board
member, voiced a concern for the safety of children with a school site near the wet area.
He suggested talking to the school district. Mike Schoppe asked why the basin would
be considered wet rather than dry. A wet basin will reduce sedimentation. It was also
Page 3 of 6
suggested that the wet basin could be a 6-inch depth for safety and plants could be added
for esthetics. Mr. Schillinger expressed concern regarding increased mosquito
populations in a wet area.
There was a brief discussion regarding the entrances into this development as they relate
to emergency use and flow of traffic.
As there was no further discussion, Chairman Lindblom stated there were two issues up
for vote:
1. Recommendation for the R-2 PUD for zoning
2. Preliminary PUD plan approval
Legal counsel also recommended a ruling on the annexation at which time the property
does become contiguous. It was noted that currently this property is three-quarters of a
mile from the City limits.
Mr. Lindblom entertained a motion for annexation when the property becomes
contiguous to the City. Motion made by Mike Crouch and seconded by Charles
Kraupner. Motion unanimously passed on a roll call vote with the following voting yes:
Holdiman, Crouch, Kraupner, Adams, Schillinger and Lindblom.
Regarding the R-2 PUD for zoning: Schillinger moved and Crouch seconded to approve.
Passed unanimously on roll call vote as follows: Holdiman, Crouch, Kraupner, Adams,
Schillinger and Lindblom voted yes.
2. PC 2005-02 Lee Farm—Preliminary PUD Plan
Chairman Lindblom asked for a motion of approval of this plan. Crouch moved and
Adams seconded to approve. Discussion: Mr. Schillinger asked that design standards be
upheld for this plan. The motion was amended by Crouch and seconded by Adams to
include the following items:
1. to follow the design guidelines
2. take staff comments into consideration
3. relocation of the trail
4. speak with the school superintendent
The original motion passed unanimously on a roll call vote as follows: Crouch,
Kraupner, Adams, Schillinger, Holdiman and Lindblom voted yes.
The board then voted on the amended motion with voting as follows: Crouch-nay,
Kraupner-aye, Adams-nay, Schillinger-aye, Holdiman-aye and Lindblom-aye. Motion
passed 4-2.
Page 4 of 6
3. PC 2005-10 Whispering Meadows Units 3 & 4—Final Plat
Richard Young of Kimball Hill Homes appeared before the commission to seek final plat
approval. Mr. Schoppe noted the developer had done a good job of considering staff
comments. Mr. Lindblom asked Mr. Young to review street names with KenCom since
one street name was duplicated with an existing street.
A motion was made by Mr. Crouch and seconded by Mr. Schillinger to accept the final
plat subject to staff comments. Motion passed unanimously on a roll call vote:
Holdiman-aye, Crouch-aye, Kraupner-aye, Adams-aye, Schillinger-aye, Lindblom-aye.
4. PC 2005-13 MPI South—Concept Plan
John Philipchuck, attorney for MPI, gave an overview of this development located on the
south side of Yorkville. The property encompasses 724 acres and will feature a school
site, 5-acre site for a Fire Department, public facilities and commercial sites.
John Martin of Jen Land Design presented the details of the plan. Mr. Martin noted the
general boundaries of the property as follows: Rt. 47 at Legion Rd. on the east, Walker
Road on the south, Immanuel Road on the west and Ament Road on the north.
He divided the presentation into 2 parts: 1) Suburban Area and 2) Transition Area.
The suburban area holds the Aux Sable Creek watershed. He described the transition
area as anything south of the creek, which would have multi-family housing and
townhomes
Mr. Martin said the open areas will be tied together with a bike path system which is part
of a regional plan. There will be 171 acres of open space in the northern part of the plan.
In addition, there will be a 35-acre school site with a possible 5 more acres.
A 25-acre lake will be the primary stormwater management tool for the area.
Duplexes, courtyard and townhomes will be included in the suburban area as well. Mr.
Martin commented that a courtyard neighborhood would minimize the garage door
appearance.
A 10-acre commercial site will be included on the corner of Wheeler and Route 47 with
improvements being made at that intersection. Landscape buffering will be included as
well.
Mr. Martin recapped the presentation by saying this 724-acre property would hold 1742
housing units with a density of 2.4 per acre. Parks will comprise 26 acres of the
development.
Page 5 of 6
Engineer Paul Leder then spoke. He stated that most of the floodplain along the creek
would be retained as open space. Mr. Leder added that potential reservoir and well sites
have been identified in this area. He also gave an overview of the potential water and
sewer service.
This concluded the presentation and Mr. Philipchuck asked for any discussion or
comments.
Mr. Crouch stated that while the comprehensive plan called for much commercial, this
development did not provide much. He expressed reservations that multi-family housing
was suggested for areas where there is nothing within walking distance for residents.
Ms. Adams asked what the difference is between townhomes and courtyard homes. Mr.
Leder explained that a townhome has a front-loaded garage. A courtyard townhome has
porches and front doors facing a landscaped courtyard with alleyways located in the rear.
Mr. Schillinger commented that he felt the southern portion was too densely populated.
He also voiced disapproval of the alleyways in the courtyards. He cited Oswego's
"Hometown" development, which features the alleyways. Ms. Adams questioned how
fire equipment would access alleyways. Mayor Prochaska stated there are some
alleyways in Fox Hill and Grande Reserve.
Mr. Schoppe asked for the commissioners' comments on density. Commissioner
Schillinger said the south half of the project is too dense. Chairman Lindblom concurred
with this assessment and said the percent of single family vs. other housing is not
balanced. He also voiced concern on the overall impact on the traffic situation. Mr.
Philipchuck noted the close proximity of the future Prairie Parkway to help alleviate the
traffic problem, however, Mr. Lindblom countered that the Prairie Parkway is undecided
at this time. He felt multi-family will contribute greatly to the traffic problem.
The impact on the school district was also noted along with those students' necessity to
cross the bridge for school further adding to the traffic congestion. Overall, the
commissioners reminded the developers that it was desired to maintain a more rural
flavor in the southern part of the City.
Mr. Schoppe noted that the comprehensive plan cites the "view corridor"near Highpoint
Road and the desire to preserve that.
Mr. Crouch requested front and back dimensions of the courtyards area. It was also
noted the architecture plans/ideas should be given to the commission.
Page 6 of 6
ADDITIONAL BUSINESS:
1. Yorkville Commons—Notice of Withdrawal of Request for Special Use and
Variances by Petitioner
The City Council requested the Commission to vote on accepting this withdrawal.
Crouch moved and Adams seconded to accept this withdrawal. Passed unanimously on a
roll call vote: Holdiman, Crouch, Kraupner, Adams, Schillinger and Lindblom voted to
accept.
Mayor Art Prochaska said 4 years ago there was a workshop with the Plan Commission.
He suggested another one since there are new members on both the Plan Commission and
City Council. He also noted that the south Comprehensive Plan had been passed by
City Council.
A motion for adjournment was made by Schillinger and seconded by Holdiman. This
passed unanimously.
Meeting adjourned at 9:22pm.
Minutes respectfully submitted by
Marlys Young, Minute Taker
PLAN COMMISSION MEETING
UNITED CITY OF YORKVILLE , ILLINOIS
REPORT OF PROCEEDINGS had at the meeting
of the above-entitled matter taken before
CHRISTINE M . VITOSH, C . S . R. , on April 13 , 2005 ,
at the hour of 7 : 00 p . m. , at 800 Game Farm Road,
in the City of Yorkville, Illinois .
D-755505
REPO • COURT
reporting service
800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013
www.depocourt.com
2
1 PRESENT :
2 MR . TOM LINDBLOM, Chairman;
3 MR . CLARENCE HOLDIMAN;
4 MS . SANDRA ADAMS;
5 MR . BRIAN SCHILLINGER;
6 MR . MICHAEL CROUCH;
7 MR . CHARLES KRAUPNER;
8 MR . MIKE SCHOPPE ;
9 MS . MARLYS YOUNG .
10 APPEARANCES :
11 WYETH, HEITZ & BROMBEREK
300 East Fifth Avenue, Suite 380
12 Naperville , Illinois 60563
( 630 ) 355-1458
13 BY : MR . JOHN JUSTIN WYETH,
appeared on behalf of the United
14 City of Yorkville, Illinois .
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1 (WHEREUPON,
2 proceedings were had
3 which were not
4 reported . )
5 CHAIRMAN LINDBLOM: At this time I
6 would accept a motion to go to public hearing .
7 MR. CROUCH : So moved .
8 MS . ADAMS : Second .
9 CHAIRMAN LINDBLOM: Moved by Mike
10 Crouch, second by Sandy Adams . Any discussion on
11 the motion?
12 (No Response )
13 CHAIRMAN LINDBLOM: Hearing none ,
14 those in favor signify by saying aye .
15 (A Chorus of Ayes )
16 CHAIRMAN LINDBLOM: Opposed?
17 (No Response )
18 CHAIRMAN LINDBLOM: Motion passes
19 and we are now in public hearing . With that
20 being said, would anybody that wishes to address
21 the Commission please stand and raise your right
22 hand and repeat after me?
23 (Witnesses sworn)
24 CHAIRMAN LINDBLOM: This will be PC
Depo Court Reporting Service ( 630 ) 983-0030
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1 2005-02 , Montalbano Homes and Conifer Group, LLC,
2 petitioners , have filed an application with the
3 United City of Yorkville , Kendall County,
4 Illinois , requesting annexation to the United
5 City of Yorkville and rezoning from Kendall
6 County A-1 Agricultural to United City of
7 Yorkville R-2 One-Family Residence District
8 Planned Unit Development .
9 The real property consists of
10 approximately 155 . 825 acres at the southeast
11 corner of Ament and Penman Roads , Kendall
12 Township, Kendall County, Illinois .
13 I would just remind everybody
14 that this is a continuation of the public hearing
15 that was held on March 9th .
16 I didn ' t mention it , but
17 anybody wishing to address the Commission, please
18 come forward, state your name for the record, and
19 then we can proceed from there .
20 So with that, I ' ll turn it over
21 to -- just as you sat down .
22 MR . FITZ : Thanks . I didn ' t know if
23 you would take public comment first .
24 WHEREUPON :
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1 ANDY FITZ ,
2 having been first duly sworn, testified before
3 the Plan Commission as follows :
4 MR . FITZ : Good evening . Andy Fitz
5 with Montalbano Homes . I have with me here
6 tonight Michael May from Cemcon, is our civil
7 engineer for the project ; John Glyman with Glyman
8 Design is the land planner; and our landscape , we
9 also have -- I ' m sorry, I haven ' t met you before
10 tonight . We also have our landscape designer
11 here as well .
12 What I ' m going to do is just go
13 through a brief Power Point presentation , I know
14 you ' ve got another item on the agenda, and then
15 I ' m probably going to turn it over to John to
16 cover the land plan a little bit , and I ' ll be
17 happy to take questions .
18 Hopefully you can all see this
19 all right . I don ' t know if you want to dim the
20 lights or not , but -- Thanks .
21 The property is on the
22 southeast corner of Penman and Ament . Here is
23 Ament, Penman . It ' s basically flat . There is a
24 slight drainage area running through it here .
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1 I ' m just going to run through
2 very briefly our previous submittals . We were
3 before this Commission before . Our previous
4 concept plan originally showed the park centrally
5 located, there is not a school site on it . We
6 had a couple of entrances and a 20-foot landscape
7 buffer .
8 The revised concept that we
9 then submitted based on Staff and Plan Commission
10 and Board input showed a 40-foot landscape
11 buffer .
12 We showed a six-acre park next
13 to a four-acre school site . We preserved the
14 drainage way and also show a path along it .
15 I realize this is pretty quick,
16 but I am going to come back to the preliminary
17 plan again .
18 This is our preliminary plan .
19 In brighter yellow you see the lots that are less
20 than 12 , 000 that abut open space , the park and
21 school in the same place, of course, and path
22 along the creek .
23 These are representative of the
24 type of homes that we propose to build on the
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1 site . We have four models at this time . Of
2 course , there will be between 12 and 16 models ,
3 each with three elevations , so 36 to 40 some
4 homes would be built .
5 CHAIRMAN LINDBLOM : Excuse me, just
6 a second .
7 MR . FITZ : Yes , certainly .
8 CHAIRMAN LINDBLOM : On this issue
9 did Plan Commission members get these delivered
10 to your house?
I1 (A Chorus of Ayes )
12 CHAIRMAN LINDBLOM: Okay . I didn ' t
13 know if they were not . I ' m sorry .
14 MR . FITZ : That ' s all right . No
15 problem. Let me back up here .
16 As far as landscaping features ,
17 we propose the landscape boulevard medians .
18 This is a project we did in Willow Springs .
19 There is a sign there, as well as quite a bit of
20 foliage .
21 This is a project in Joliet
22 that we did . This is an example of a pond that
23 we did in an area with a path running along it ,
24 and here is another example of a pond with a
Depo Court Reporting Service ( 630 ) 983-0030
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1 trail , sidewalk, along it .
2 This is an example of a project
3 we did in Aurora where we had quite extensive
4 landscaping along a heavily traveled roadway,
5 which I believe Penman is -- Ament rather, is
6 intended to be in the future . As you can see ,
7 there is really some nice landscaping .
8 This is a historic -- Well , not
9 historic, but historic-type street lighting
10 fixture that we would like to use . I haven ' t
11 checked the village codes ; if that ' s something
12 that ' s allowed, that ' s something we would like to
13 do .
14 So, in summary, we feel we have
15 provided a significant single-family
16 subdivision -- that went by fast . That ' s okay,
17 I ' ve got to remember that .
18 But the focus is on open space
19 with the active park site , school site, as well
20 as the trail along the drainage way would be
21 preserved .
22 There are -- there is a tree
23 line running through here, that ' s -- that we --
24 the trees aren ' t of great quality, but they are
Depo Court Reporting Service ( 630 ) 983-0030
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1 large, and most of those will be preserved,
2 except for where we ' ve got the path .
3 We reduced the access to one
4 along Ament -- or Penman rather , and that was in
5 some meetings where Staff thought that two
6 probably wasn ' t necessary there , provided an
7 additional stub to the south, and the only lots
8 that fall below 12 are those that abut the open
9 space .
10 One thing I would like to
11 address real briefly is a couple of comments . We
12 read through Staff ' s comments , and for the most
13 part we are in agreement with them .
14 One of the things that I called
15 both Tony Graff and Mike Schoppe and we discussed
16 prior to the meeting, just so it wasn ' t cold
17 turkey, was the request for a 50-foot landscape
18 buffer along Ament .
19 Originally we had 20 and then
20 we doubled that to 40 and the City requested 50 .
21 There is a couple different options ; put in an
22 additional ten-foot landscape buffer or , Mike --
23 I don ' t want to put words in his mouth -- but he
24 stated that when lots abut open space , there ' s
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1 been a policy for allowing slightly less than the
2 standard, so if we were to bump that up to 50 ,
3 those 12 , 000 would fall to 11 , 250 or 11 , 3 , but
4 there would be that 50-foot buffer along Ament .
5 The other issue was the path .
6 Part of the issue -- part of the -- in preserving
7 that , the discussion with the Village and the
8 Board centered around allowing smaller lots next
9 to that in return for preserving the path, so we
10 have done that , and we had the intent of keeping
11 the path private .
12 Now Mike has informed us that
13 there are standards that require a 40-foot
14 setback from a lot line for a public path, and I
15 related to Mike and Tony that I don ' t really see
16 how there is any way we can do that .
17 We can provide at least ten and
18 at some points there is a lot more than that,
19 there is 40 , but it varies , and I don ' t want to
20 have to come in and ask for a variation to allow
21 for something less than that , so that ' s something
22 that I guess we need to work on, but our
23 compromise offer would be a minimum of ten and
24 then, of course, it would vary up to 40 or 50 .
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1 That ' s all I have .
2 CHAIRMAN LINDBLOM: Okay . Andy, I
3 know you have other staff or people here .
4 MR . FITZ : Yes .
5 CHAIRMAN LINDBLOM: Is there
6 anything that they wish to address or they are
7 just here for questions ?
8 MR . FITZ : They are here for
9 questions if you have any . If you ' d like them
10 to -- you know, to present what they have to
11 present , that ' s fine also, just let me know .
12 CHAIRMAN LINDBLOM: Okay . At this
13 time I would ask if there is any comments or
14 questions from the public .
15 (No Response )
16 CHAIRMAN LINDBLOM : No questions ?
17 Concerns ? Issues?
18 (No Response )
19 CHAIRMAN LINDBLOM: Okay . With that
20 being said, I would entertain a motion then to
21 close the public hearing .
22 MR . HOLDIMAN : So moved .
23 MS . ADAMS : Second .
24 CHAIRMAN LINDBLOM : It ' s been moved
Depo Court Reporting Service ( 630 ) 983-0030
12
1 and seconded to close the public hearing . Any
2 discussion on the motion?
3 (No response )
4 CHAIRMAN LINDBLOM : Hearing none ,
5 those in favor signify by saying aye .
6 (A Chorus of Ayes )
7 CHAIRMAN LINDBLOM : Opposed?
8 (No Response )
9 CHAIRMAN LINDBLOM : Motion passes .
10 (Which were all the
11 proceedings had in
12 public hearing . )
13 ---o0o---
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1 STATE OF ILLINOIS )
ss :
2 COUNTY OF LASALLE )
3
4 CHRISTINE M . VITOSH , being first duly
5 sworn, on oath says that she is a Certified
6 Shorthand Reporter doing business in the State of
7 Illinois ;
8 That she reported in shorthand the
9 proceedings had at the foregoing public hearing;
10 And that the foregoing is a true and
11 correct transcript of her shorthand notes so
12 taken as aforesaid and contains all the
13 proceedings had at the said public hearing .
14 IN WITNESS WHEREOF I have hereunto set
15 my hand, this _Avt-bday of
1:/X2LJ
16 � ___, 2005 .
17
18
19LIZ/66(1
/�
20 c ' or"
//CTINE M . VITOSH, C . S . R .
21 CSR License No . 084-002883
22
23
24
Depo Court Reporting Service ( 630 ) 983-0030
•
Yorkville Plan Commission Multi-Page`T' & - mention
April 13, 2005
additional[2] 9:7,22 CHARLES[1] 2:7 entertain[1] 11:20 Hopefully[1] 5:18
-&- address[4] 3:20 4:17 checked[1] 8:11 entrances[1] 6:6 hour[1] 1:9
&[1] 2:11 9:11 11:6 Chorus[3] 3:15 7:11 12:6 evening[1] 5:4 house[1] 7:10
aforesaid[1] 13:12 CHRISTINE[3] 1:8 everybody[1] 4:13
-0- again[1] 6:17 13:4,20 example[3] 7:22,24 8:2 -I-
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084-002883[1] 13:21 agreement[1] 9:13 4:6 9:20 Excuse[1] 7:5 2:14 4:4,12 13:1,7
_ Agricultural[1] 4:6 civil[1] 5:6 extensive[i] 8:3 informed[i] 10:12
-1 allow[1] 10:20 CLARENCE[1] 2:3 input[1] 6:10
11,250[1] 10:3 allowed[1] 8:12 close[2] 11:21 12:1 -F- intended[1] 8:6
11,3[1] 10:3 allowing[2] 10:1,8 codes[1] 8:11 fall[2] 9:8 10:3 intent[1] 10:10
12,000[2] 6:20 10:3 along[9] 6:14,22 7:23 8:1 cold[1] 9:16 far[i] 7:16 issue[3] 7:8 10:5,6
155.825[1] 4:10 8:4,20 9:4,18 10:4 comment[1] 4:23 Issues[1] 11:17
Ament[7] 4:11 5:22,23 comments[3] 9:11,12 Farm[1] 1:9
-2- 8:5 9:4,18 10:4 11:13 fast[1] 8:16 item[1] 5:14
20-foot[1] 6:6 Andy[3] 5:1,4 11:2 Commission[7] 1:1 favor[2] 3:14 12:5 -J-
2005[2] 1:8 13:16 annexation[1] 4:4 3:21 4:17 5:3 6:3,9 7:9 features[1] 7:16
2005-02[1] 4:1 appeared[1] 2:13 compromise[1] 10:23 Fifth[1] 2:11 John[3] 2:13 5:7,15
application[1] 4:2 concept[2] 6:4,8 filed[1] 4:2 Joliet[i] 7:21
_ April[i] 1:8 Concerns[I] 11:17 fine u] 11:11 JUSTIN[i] 2:13
-3
area[z] 5:24 7:23
Conifer[1] 4:1 first[3] 4:23 5:2 13:4
300[1] 2:11 consists[1] 4:9 Fitz[8] 4:22 5:1,4,4 7:7 -K-
Aurora[1] 8:3
355-1458[1] 2:12 Avenue[1] 2:11 contains[1] 13:12 7:14 11:4,8 keeping[1] 10:10
36[1] 7:3 continuation[1] 4:14 fixture[1] 8:10 Kendall[4] 4:3,5,11,12
aye[2] 3:14 12:5
380[1] 2:11 Ayes[3] 3:15 7:11 12:6 corner[2] 4:11 5:22 flat[1] 5:23 KRAUPNER[1] 2:7
correct[1] 13:11 focus[1] 8:18
-4_ -B- County[4] 4:3,6,12 13:2 foliage[1] 7:20 -L-
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bit[2] 5:16 7:19
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-6- BRIAN[1] 2:5 -D- -G least[1] 10:17
60563[1] 2:12 brief[1] 5:13 D-755505[1] 1:21 Game[1] 1:9 less[3] 6:19 10:1,21
630[1] 2:12 briefly[2] 6:2 9:11 delivered[1] 7:9 Glyman[2] 5:7,7 License[1] 13:21
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-7- BROMBEREK[1] designer[1] 5:10 Graff[1] 9:15 lights[1] 5:20
7:00[1] 1:9 2:11 Development[1] 4:8 gro
at[1] 8:24 LINDBLOM[19] 2:2
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10:4 ess[1] 10:22 7:12 11:2,5,12,16,19,24
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[1] 9:3 certainly[1] 7:7 -E- historic[2] 8:8,9 May[1] 5:6
acres
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acres[1] 4:10 Certified[1] 13:5 in 3
active[1] 8:19 Chairman[19] 2:2 3:5,9 East[1] 2:11 HOLDIMAN[2] 2:3 meeting[ ] 1:1,6 9:16
Adams[4] 2:4 3:8,10 3:13,16,18,24 7:5,8,12 elevations[1] 7:3 11:22 meetings[1] 9:5
11:23 11:2,5,12,16,19,24 12:4,7 engineer[1] 5:7 homes[4] 4:1 5:5 6:24 members[1] 7:9
12:9 7:4 mention[1] 4:16
Depo Court Reporting Service Index Page 1
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Pagel met - YOUNG
April 13, 2005
met[1] 5:9 Power[1] 5:13 return[1] 10:9 Suite[1] 2:11 YOUNG[1] 2:9
Michael[z] 2:6 5:6 preliminary[2] 6:16,18 revised[1] 6:8 summary[1] 8:14
Mike[6] 2:8 3:9 9:15,22 present[2] 11:10,11 rezoning[1] 4:5 sworn[3] 3:23 5:2 13:5
10:12,15 presentation[1] 5:13 right[3] 3:21 5:19 7:14
minimum[1] 10:23 preserved[31 6:13 8:21 Road[1] 1:9 -T-
models[2] 7:1,2 9:1 Roads[1] 4:11 T[1] 2:1
Montalbano[2] 4:1 5:5 preserving[2] 10:6,9 roadway[i] 8:4 ten[2] 10:17,23
most[2] 9:1,12 pretty[1] 6:15 run[1] 6:1 ten-foot[1] 9:22
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11:20 12:2,9 private[1] 10:11 8:23
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MS[4] 2:4,9 3:8 11:23 [51 1:6 3:2threeog[1]
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12:11 13:9,13 SANDRA[1] 2:4 8:23 9:12
-N- project[4] 5:7 7:18,21 Sandy[1] 3:10 TOM[1] 2:2
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8:5 9:4 REPORT[1] 1:6
people[1] 11:3 staff[3] 6:9 9:5 11:3 wishes[1] 3:20
reported[2] 3:4 13:8 Staff's[1] 9:12 wishing[1] 4:17
petitioners[1] 4:2 Reporter[1] 13:6 stand[1] 3:21 WITNESS[1] 13:14
place[1] 6:21 representative[1] 6:23 standard[1] 10:2 Witnesses[1] 3:23
plan[s] 1:1 5:3,16 6:4,9 request[1] 9:17 standards[1] 10:13 words[1] 9:23
6:17,18 7:9
Planned[1] 4:8 requested[1] 9:20 state[3] 4:18 13:1,6 WYETH[2] 2:11,13
planner[1] 5:8 requesting[1] 4:4 street[1] 8:9
Point[1] 5:13 require[1] 10:13 stub[1] 9:7 -Y-
points[1] 10:18 Residence[1] 4:7 subdivision[1] 8:16 yellow[1] 6:19
policy[1] 10:1 response[6] 3:12,17 submittals[1] 6:2 Yorkville[6] 1:2,10 2:14
pond[2] 7:22,24 11:15,18 12:3,8 submitted[1] 6:9 4:3,5,7
Depo Court Reporting Service Index Page 2
Naperville, Illinois (630) 983-0030
UNITED CITY OF YORKVILLE
PETITION APPLICATION LOG May 4, 2005
NAME PETITIONER TYPE OF DATE OF STATUS
APPLICATION AP
Swanson Lane Estates Gordon& Marcia Swanson Annex, Zoning & 7/16/04 5/10/05 City Council
PUD
Preliminary Plan
Autumn Creek(f.k.a. Pulte Homes Annex, Zoning& 8/10/04 Approved @ 4/12/05 City Council
Theidel Property) Preliminary Plan
Bristol Bay Centex Homes Annex, Zoning& 8/17/04 Approved @ 4/26/05 City Council
PUD 1/24/05
Preliminary Plan
Wynstone Townhome Dev. Wyndham Deerpoint PUD 2/11/05 Public hearing @ 5/11/05 Plan Comm
XPAC at Yorkville XPAC Properties LLC Preliminary/Final Plat 11/9/04 5/12/05 Plan Council
Silver Fox Midwest Dev. Annex & Zoning 12/7/04 Pending Fox Road Traffic Study
Preliminary Plan
Prestwick of Yorkville Yorkville Farms Development Annex & Zoning i>(i ( (cY i Approved @ 4/26/0 City Council
(Stewart Farm) and Stewart Farms
Schramm Property Donald Schramm Annex & Zoning 4/12/05 Concept Plan @ 6/8/05 Plan Comm
218 acres SE corner of Rt. 30&Rt.47
Lincoln Prairie Yorkville Don Hamman Annex & Zoning 1/13/05 5/3/05 COW
5/10/05 City Council
Lee Farm Montalbano Homes Annex & Zoning 1/10/05 5/19/05 EDC
Preliminary PUD Plan
Aspen Ridge Estates Aspen Ridge Estates LLC Annex & Zoning 1/12/05 5/17/05 COW
Preliminary Plan 5/11/05 Plan Comm
Landscape Depot of Yorkville Arthur Meinzer/CCM Annex& Zoning 1/12/05 Approved @ 4/26/05 City Council
Marketing, Inc.
55 Riverside Street Brian & Kelly Henrichs 1 '/2 Mile Review 2/11/05 Approved 4/12/05 City Council
Blackberry Woods McCue Builders, Inc. Annex & Zoning 2/23/05 Public Hearing @ 5/11/05 Plan Comm
Whispering Meadows Units 3 &4 Kimball Hill Homes Final Plat 2/28/05 5/10/05 City Council
201 S. Main Street Robert& Debra Dearborn Rezoning 4/12/05 Public Hearing @ 5/11/05 Plan Comm
204 Hydraulic Street Robert& Debra Dearborn Rezoning 4/12/05 Public Hearing @ 5/11/05 Plan Comm
Kendallwood Estates John Tomasik Preliminary Plan 4/15/05 5/26/05 Plan Council
(Willman Property)
Fox Hill Unit 6 PC Kappos & Assoc. Final Plat 4/19/05 5/26/05 Plan Council
Garritano/Brummel Property Del Webb/Pulte Homes Concept Plan 5/3/05 5/11/05 Plan Comm
L.L.fy -ft CDc d.
Plan Council Meeting
March 24, 2005
Staff
Donald Schwartkofp,Police Dept. John Wyeth, City Attorney
Tony Graff, City Administrator Anna Kurtzman, Zoning coordinator
Mike Schoppe, Schoppe Design Laura Brown,Ex.Director Parks &Rec
Tim Fairfield,BKFD John Whitehouse,EEI
Bart Olson,Administrative Intern Eric Dhuse,Director of Public Works
Guests
Rich Young, Kimball Hill Homes Greg Stevens,Lannert Group
Andy Fitz, Montelbano Homes Michael May, Cemcon
Bill Griffin,Montelbano Homes John Glyman,Montalbano Homes
The meeting was called to order at 10 am by Tony Graff. The minutes from the March 24
meeting were approved without corrections.
Whispering Meadows, Final plat units 3 &4
Rich Young stated that the units are north and west of Faxon Rd.The school park site is 27.5,of
which 15 goes to the school district and 12 to the park, along with the trail system. He stated that
if the school referendum passes,the soonest Dr. Angler stated anything would be done is 2006.
Laura Brown stated the park design is in the site planning stages spring 2006. The amenities
center will be on the corner of Alan Dale and Faxon Road,taking out four lots. The design will
encompass about 2000 sq. ft. and Mr.Young will provide as soon as possible.
Mike Schoppe comments
1) The grading and utility extensions need to be on the engineering plans
2) Labels need to be added for City and home owners outlots.
3) The construction of the trails need to be shown. This will go from Faxon Rd. through the
detention area into the park site. Determinations need to be made regarding the Rob Roy
Creek Trail and, considered should be the possible Metra site (Xpac on the west side) .
Mr. Graff stated there may be a 10-12 acre parking lot on across the street from FE
Wheaton(the Fisher piece). The third rail will be at the XPac site in 3-5 years per Mr.
Graff, and the Park N Ride will go to Eldamain.
4) Mr. Whitehouse stated that pedestrian trail easement language should be added to the
plat, so this trail can go anywhere within the storm water management area.
5) Street names need to be extended throughout the plat.
Anna Kurtzman comments
1) She will provide parking zoning information for the clubhouse to developer.
2) A note will be needed on the plat,if there are exceptions in lot lines.
3) All lot widths at building setbacks lines should be shown on a separate document via
charts.
John Whitehouse comments
1) Unit 3 plat should make no reference to Unit 4,if recorded after 3. Lots should be
numbered from left to right.
2) Lot A in western unit will need to be designated all public utility drainage and
storm water management easements. Pedestrian easement language should be added to
allow paths to go throughout the storm water easements.
1
3) Revised plat has been submitted showing legal descriptions.
4) The Rob Roy Creek interceptor will be going through Lot A. If separated exclusive
easements for YBSD are granted for this,these should be shown. Mr.Young indicated
that the easement path has been determined by YBSD. If it has been recorded,the
document#needs to be shown.
5) Faxon Rd.frontage goes to center of Rob Roy Creek per Mr.Whitehouse's
understanding. City needs discussion with the developer regarding the improvement of
the widening of the area at the end of Faxon,which includes a culvert like area. Mr.
Young has no recollection of a discussion on the bridge reconstruction.
6) Mr. Young says AMG(Alan Dale) and Kimball Homes have reached a four part
improvement program: a) AMG completed the first section coming off Cannonball;
b)Kimball will complete the 2"d section; c) AMG will complete the realignment of
Faxon and Old Faxon; d)and Kimball Homes will complete to the edge of the creek.
Mr. Whitehouse stated city ordinance states adjoining roads,adjacent to developments
will be brought up to City standards across the frontage. There may be a long range plan
with adjacent property owners, and or the township or the City, and whatever section is
not paid for and an escrow account could be established. Mr.Young prefers an escrow
account, in anticipation of a recapture fee.
There will be a letter submitted identifying street names by March 30. Thirty five preliminary
plans will be submitted by April 5th
.
Lee Farm—Preliminary Plan
Mike Schoppe said the property is not contiguous and the zoning change asked for is from R-2 to
R-2 PUD. We are looking for the annexation agreement to be created subject to the contiguity
issue. Mike Schoppe and Andy Fitz went over the list of documents needed. Photographs of
typical products will be turned in with the architectural drawings. Anna KurtGIIlan pointed out
the plat by modified to adhere to the minimum lot width and size requirements. A note will be
added to the preliminary plan that"all lots will have a minimum lot width of 80 feet at the
building setback line". A chart per lot will be added later.
Mr. Schoppe suggested,in answer to a streetscape question from Mr. Graff,the developer will
look at moving the living portions closer to the street but push the garage back further than 30
feet(reducing the impact of the garage doors). The developer will look at the guidelines in the
new south comp plan.
John Whitehouse needs the storm water management,traffic, archaeological , soil and endangered
species reports. The out parcel,not a part of the purchase agreement,is not included in the
annexation or development plans. At issue are the ROW and water main easements on Ament
Road. There will be an easement/plat/dedication issue so the entire road can be reconstructed.
He suggests dedication of the Homestead in the purchase agreement, enabling the reconstruction
of Ament. Mr. Graff stated the City Council's will probably request the"Homestead"parcel be
sold in its entirety and the developer may speak with the owner.
Mr.Whitehouse stated there will be extensive studies done on the transportation,water and sewer
issues. All roads adjacent to developments shall be brought up to City standards.Prescriptive
ROW for road and drainage improvements become the rights of the City. Or the western edge of
the pavement can be widened all the way to the east. The City is open to recapture credits with
adjoining properties.
2
The developer met with Joe Wywrot and the property is outside the existing pressure zone and
sanitary. Mr. Fitz stated they may work with the other developers for a lift station,but no
location has been decided on. The developer was given the MPI concept for Burkhart,Tuttle
property and Dhuse property concept will be turned in May-June. The City may require upfront
financing for infrastructure.
Lee Farm is continued to April 13 Plan Commission. Needed are new submittals of preliminary
PUD plan,preliminary landscape plan, aerial photographs, architectural drawings,wetland report,
draft of the PUD agreement, storm management and soil reports. Public hearing will be for
special use for a PUD(annexation and zoning), and Mr. Schoppe stated the traffic study is not a
requirement,but ordinance states the City will prepare this report as part of the plan council
review.
Submitted by Annette Williams
3
Plan Council
April 14,2005
City Staff
Joe Wywrot, City Engineer Anna Kurtzman, ICCI Zoning official
Eric Dhuse, Director of Public Works Mike Schoppe, Schoppe Design
John J. Wyeth, City Attorney John Whitehouse, EEI
Guests
Rob Gamrath, Quarles& Brady Tedd Lundquist, SEC Planning
David Schultz, SEC Planning Marvin DeLahr, Aspen Ridge
Joe Wywrot called the meeting to order at 9:35 am. The March 23rd minutes were
approved with corrections.
Aspen Ridge—Preliminary Plan Review
Anna Kurtzman's comments
• City needs a memo from the developer stating that the final plat will adhere to
minimum lot width and lot area.
• The developer will carry through page 1 details to pages 2 and 3.
• Lot 109 needs an application of 10% lot width set back and the lot line may need
to be adjusted. Lot 38 on page 2 will be squared off,to accommodate a T-
intersection.
• Lot 122, 135, 136 and 207 (sheet 3) are not corner lots so open space so they will
remain build able lots.
Laura Brown's and Mike Schoppe's comments
• Mr. Schoppe stated that in order for the density to be approved about 1.5 du/ac,
the developer needs to show 1) the design guidelines are being met; 2) how does
this development exceed the standards. These should be shown on the final plat.
The above the norm specifics will be shown in the annexation agreement.
• Mr. Schoppe suggested to Mr. Schultz that SEC use creativity in determining a
rural look for the landscaping plan. Mr. DeLahr stated they would be preserving
the green area along fence line and along the creek(along the south side).
• The developer will extend the easement along the south side, lots 65-68.
• Lots 48, 51, 52 and 55 along the west edge need a continuous linear easement.
• Lot 45 on the north edge will be eliminated and lot 45 will be extended to it.
• The conservation easement should extend along the perimeter, Lot 223. At final
plat, if there is a 25 ft. conservation easement adjacent to a storm water easement,
it should be detailed that Com-Ed and SBC should be to the lot side. There will
need to be extra width so the utilities are not commingled with the storm sewer
easements. These will be noted on the landscaping plan. Mr. DeLahr stated they
may move the utility easement from the far west property line to the front along
nine lots if there is not room for all the easements.
• Mr. Schoppe is assuming that the HOA will own Lot 224. If there is no park on
the Challey property the City may be interested in owning the park. The
1
developer is asking if the Park board would own it, because the size has been
increased to 1.88. The developer is proposing a land cash obligation of 8.18
acres, subtracting the 1.88 park acres and the 20 ft. trail corridor. They are
providing an 80 ft. buffer zone for the trail. The City will get clarification on this
issue. Mr. Schoppe said there is no requirement for a park on the property and
recommends that the City not own this small park.
• Mr. DeLahr's understanding is that the trail go from Fox Road down to the
Chailey property. Mr. Schoppe needs clarity on the Lot 220 trail path and
easement. The City needs a statement specifying a blanket easement over the
lots. Mr. Whitehouse stated this would be in lieu of a sidewalk on the west side
of Pavilion(because of the creek flood plain). There will be a regional crossing at
Fox Rd. Lots 219 and 220 will be owned by the HOA.
• City staff asked if traffic bumps, elongated landscape islands, or stamped concrete
had been considered at the two blocks of Fox Rd. to keep traffic at a slower pace
for trail users. Mr. DeLahr thought was and island hump, with handicap
accessibility it would be 10 ft. wide back to back. The drive lanes would be
increased in width to minimum 20ft. back to back. (with 40 ft of pavement). A
visual change of color was suggested on the slope upwards, and striping of the
side areas, as well as the possibility of cow grates. The proposal for slowing
traffic will be completed at final plat.
• It was suggested that Mr. Schoppe put together some park/trail options for the
developers and bring before the City.
• The developer will put language in the annexation agreement that open area
easements be assigned to the Forest Preserve, Conservation Foundation, or
entities other than the City.
• The trail south of Fox Rd. will be built by the developer and he will receive credit
for the acreage it is built on. Standard typical detail will be added to engineering
plans.
John Whitehouse's comments
• General comments #1 should reference comment#28.
• The developer needs to consider properties stub into adjoining developments that
the future land use be considered in accordance with the comprehensive plan.
The total traffic counts need to be considered and up classifications in the traffic
studies.
• Street names should be turned into Ken Corn ASAP.
• Comments 21, 23 address the timing and funding, and will be addressed in the
annexation agreement. The looping between 56, 42 and 43 may not be
necessary, depending on the looping on Fox Rd., minimizing road crossings.
• The traffic study price is $40 per acre, and the City will be sending out invoices.
When monies are deposited the study is completed within 60 days.
• Comment#8 under traffic: Pavilion is a township road with a prescriptive right of
way and the city will want a dedicated ROW and it will probably not be centered
on the existing pavement, due to the existing flood plain issues to the west. The
road will probably be a rural cross section, and may be 26 wide edge to edge
pavement, with gravel shoulders.
2
• The City may be designing the road because there are many developers involved.
The scope of work will be considered and bids may be released to the private
sector.
• The agricultural tile study is being finished by the developer.
• Comment 28: the company completing the Pavilion Rd. drainage study,
identifying the base flood elevation. The tributary areas of 640 acres or more may
indicate the need for floodway permitting to Pavilion Road. IDNR needs to
provide a letter stating there are no floodway permitting issues, if this is the
finding. Additional studies will be required by the developer if this letter is not
provided.
This will be scheduled for Plan Commission on May 11. Submittal of 35 revised
preliminary plans are due May 3. Preliminary engineering, landscape and plat are due
April 21.
Respectfully submitted by Annette Williams.
3
Richard and Lydia Marciniak
29 Walnut Drive
Yorkville, Illinois 60560
(630) 553-5309
April 28, 2005
United City of Yorkville City Clerk
City Hall 800 Game Farm Road
Yorkville, IL 60560
Attention: Ms. Jacquelyn Milschewski
Re: May 11,2005 Planning Commission Public Hearing
Dear Ms. Jacquelyn Milschewski:
We reside at 29 Walnut Drive. Due to a previous commitment, we are unable to
attend the Wednesday,May 11,2005 Public Hearing regarding the rezoning that
Wyndham Deerpoint Homes is requesting, i.e.,R-3 General Residence District Planned
Unit Development from R-3 General Residence District.
Our concerns are as follow:
1. The additional traffic will decrease property values for all homeowners on
Walnut Drive;
2. Walnut Drive was not built to support any increase in traffic; and
3. Any additional traffic will cause a significant disruption to us and our
neighbors on Walnut Drive.
In April, 2004,the residents of 29 and 30 Walnut Drive asked Marty Schwartz,
Kendall County Highway Commissioner, if the right-of-way at the south end of Walnut
Drive was available for acquisition. We were told the City had no long term plans for
Walnut Drive, and that if we paid for the survey,the township would proceed with the
vacation of the land. The survey was completed last summer and it was our
understanding that the township was continuing the steps to vacate the land. We still
want to pursue the transfer of this property to us.
Ms. Jacquelyn Milschewski:
April 28, 2005
Page 2
We strongly urge the planning commission to recommend that Wyndham
Deerpoint Homes pursue another area for their second entrance/exit/emergency or
otherwise and not use Walnut Drive.
Thank you for your time and consideration.
/7/7
tit
Richard Marciniak Lydia Marciniak
LENNARW
-Quality.Value Integrity.
April 21, 2005
VIA FEDERAL EXPRESS
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
RE: Proposed Wynstone Development
Dear City Attorney,
As the current Board of Directors of the Summit Homes of Fox Highlands Condominium Association
and as board members of the newly formed Fox Highlands Community Association,we are writing to
express concern over a proposed Wyndham Deerpoint development that appears to involve the
unauthorized use of private roadways located in our community.
The enclosed preliminary plan indicates that the proposed new development will connect to St.
Joseph's Way. Such a connection would cause the owners,their guests and invitees,in the Wynstone
Development to use both St. Joseph's Way and Muirfield Drive as their only means of vehicular
access to and from Route 71 and into their development. St.Joseph's Way and Muirfield Drive, as
well as Muirfield Court, are legally identified as Lot 201 of Fox Highlands P.U.D.,Phase One,
Yorkville,Kendall County,Illinois according to the plat recorded on November 30,2000. The plat
identifies Lot 201 as a private road.
The Fox Highlands Community Association("Community Association"),recently formed pursuant to
a Shared Common Area Agreement between the Summit Homes at Fox Highlands Condominium
Association and the Fox Highlands Country Homes Condominium Association, is responsible for the
administration and maintenance of common areas shared by both condominium associations,which
includes the private roads identified as Lot 201 above. The Shared Common Area Agreement
specifically provides that nothing therein shall be construed or be deemed to constitute a dedication,
express or implied, of any part of the common area to or for any public use or purpose whatsoever.
It is our understanding that a public hearing is scheduled for May 11, 2005 at which time the
preliminary plan of the Wynstone development will be presented. As the Community Association has
neither granted any easement for public use over these private roads nor approved any cost sharing
arrangement with any other entity,the preliminary plan cannot be approved in its current form.
2300 Barrington Road, Suite 700, Hoffman Estates, IL 60195 •Telephone: 630-339-4800 • Fax: 630-339-4801 • www.lennarchicago.com A
City Attorney
April 21,2005
Page Two
I would appreciate it if you would contact me upon your review of this matter. Your consideration
and prompt attention to this matter is greatly appreciated.
f a
Sicerely,
lt( _ A
Susan M. Scalzo
Senior Transactions Counsel
Enclosure
cc: Mr. Joe Wywrot, City Engineer
Mr. Paul Walker,Residential Plan Examiner
Mr.Ron Foster,Foster Premier
Vickie Bresnahan, Esq.
PC s ,
D co
.i.
rt To°► United City of Yorkville Memo
,,. 800 Game Farm Road
es.I 1836 Yorkville, Illinois 60560
1-��— Telephone:
hone: 630-553-8545
P-$ z' ° ` p Fax: 630-553-3436
K `?
Date: March 10, 2005
To: Tony Graff, City Administrator
From: Joe Wywrot, City Engineer
CC: Liz D'Anna, Deputy City Clerk
John Whitehouse, EEI
Mike Schoppe, Schoppe Design Associates, Inc.
Subject: Blackberry Woods Subdivision—PUD Plan
I have reviewed the proposed PUD plat for this development, dated 2/21/05, and have the
following comments:
• The Comprehensive Plan calls for this area to be developed as single-family
residential. The proposed plan calls for around 60%of the units to be designated
as R-4 zoning.
• The citywide transportation plan calls for Cannonball Trail to be extended south
to River Road. The projected 2030 traffic volume is around 8000 vehicles per
day. This corresponds to a collector road with an 80-foot ROW and a 39-foot
width. The alignment of Cannonball Trail should be more direct through the
development, and driveway loading on Cannonball Trail should be minimal.
• The distance between intersections along Cannonball Trail should be at least 400
feet. The distance between Patrick Court and Cody Court is around 190 feet.
• The transportation plan also calls for an east-west collector road that will
ultimately connect to Game Farm Road and other north-south collector roads to
the west. This extension to Game Farm Road would run along the north edge of
the high school property, which aligns closely with the southern boundary of the
Blackberry Woods. If a bridge over Blackberry Creek is ever to be constructed,
we should negotiate an agreement with the school district and establish the
roadway alignment and ROW requirements now.
• The Parks Master Plan calls for a trail along the general alignment of Blackberry
Creek. We should discuss the possibility of incorporating that trail into the design
of this development.
• Given that no city park exists for the Cimarron Ridge development, we should
consider requiring more than Outlot 3 as a parkland donation so that an active
park can be provided to the residents in this area.
• An existing single-family home exists immediately to the east of this
development, served by a long driveway that crosses a vacant lot to gain access to
the Independence Blvd. We should encourage the developer to contact this
homeowner to discuss the feasibility of providing them with city utilities and
perhaps a different driveway access.
• Lots 37 and 38 infringe upon the ravine on Outlot 3. This ravine may contain
wetlands that should be protected. The design of Cody Court may need to be
changed to provide adequate buffers.
• Our Subdivision Control Ordinance has new requirements regarding the design of
stormwater basins that may affect the size and geometry of the basins. At this
stage of review we don't have or need the information to determine if the ponds
as shown are acceptable. The developer should be aware, however, that this may
become an issue when preliminary engineering plans are reviewed.
• This development is large enough that EEI should perform the plan review.
This plan is scheduled for a public hearing at the Plan Commission meeting on April 13,
2005. If you have questions regarding any of these items, please see me.
Mal/ . 5 . 2005 10 : 02AM No . 8301 P . 2/3
Schoppe 27esin Associates, Inc.
May 4,2005 Landscape Architecture and Land Planning
126 S. Main St. Ph. (630) 551-3355
Oswego. IL 60543 Fax(630)551-3639
MEMORANDUM
To: Tony Graff, City Administrator
From: Mike Schoppe - Schoppe Design Associates,Inc.
Re: Blackberry Woods
We have reviewed the Planned Unit Development Plat dated 2-21-2005, the Preliminary
Engineering Plan dated 2-21-2205, both prepared by Cerncon Ltd. and the Preliminary
Landscape Plan dated 2-9-2005 prepared by Gary Weber and Associates and provide the
following comments:
General
The proposed zoning for the project development is R-2 PUD and R-4. The following additional
information needs to be submitted
I. Draft of P.U.D. ordinance
2. Preliminary architectural drawings
Planned Unit Development Plat
1. The Comprehensive Plan identifies the northern portion of the site as Suburban
Neighborhood which allows a gross density of 1.5 to 2.25 dwelling units per acre. The
southern portion of the property is identified as Estate Neighborhood which allows a
gross density of up to 1.5 dwelling units per acre. As proposed, the R-4 section of the
development is not consistent with the Comprehensive Plan. If the City would like the
age targeted type of development on this property, the Comprehensive Plan should be
revised accordingly.
2. The extension of Cannonball Trail south of Rt. 34 is outlined on the City's Transportation
Planning Report to extend south and connect to River Road. The alignment of
Cannonball Trail and Purcell Drive should be re-aligned to provide for a more continuous
street alignment.
3. We have discussed previously, the east/west collector street which has been planned to
connect Game Farm Road with the extension of Beecher Road. If this road is to be
accomplished some day; there will of course be issues to deal with such as crossing
Blackberry Creek and property ownership along Game Farm Road. This east/west road
will have an impact on the geometry of the proposed development if it is built.
naso l ort
May . 5. 2005 10 : 03AM No . 6301 P . 3/3
Therefore, we recommend that the issue of whether to build this road or not be decided
before this project moves forwardthru the approval process.
4. The Park Board has requested a 2.5 acre park in the southwest corner of the site. The
plan should be revised to provide this.
5. A conservation easement should be placed on the outlot 3 to maintain the wooded lot as
is being proposed.
Preliminary Engineering Plan
1. The outfall pipe for the stormwater basins are proposed to discharge directly into the
Blackberry Creek channel. Direct discharge to the creek is generally discouraged;
however, given the existing trees and the steep slopes along the creek, this may be the
least disruptive alternative. If the outfall is discharged directly to the creek, the outlet
should be as far from the channel as possible. Erosion control measures for the creek
channel itself can be developed during final engineering.
Preliminary Landscape Plan
1. The Landscape Plan is consistent with the city's Landscape Ordinance.
If you have any questions, please call.
CC: Mayor Art Prochaska
Joe Wywrot, City Engineer
Liz D'Anna, Deputy Clerk
Anna Kurtman, CCI
John Whitehouse, EEI
r�aa 1 ort
May . 4 . 2005 2 : 55PM No . 1293 P . 2/3
PC5
Schoppe Design Associates, Zne.
Landscape Architecture and Land Planning
126 S. Main St. Ph. (630) 551-3355
Oswego, IL 60543 Fax(630) 551-3639
•
May 4, 2005
MEMORANDUM
To: Tony Graff, City Administrator
From: Mike Schoppe - Schoppe Design Associates,Jne,
Re: Aspen Ridge Estates
We have reviewed the revised Preliminary Plat of Subdivision dated 4/21/05 and the Preliminary
Engineering Plans dated 4/21/05, both prepared by Smith Erig'ineering Consultants and the Street
Tree/Pond Treatment Landscape Plan dated 4/20/05 prepared by Ives/Ryan Group, and provide
the following comments:
Preliminary Plat
1. The Comprehensive Plan,identifies this area as Estate and to be developed at a maximum
density of 1.75 du/ac. The proposed density of Aspen Ridge Estates is 1.72 du/ac. The
plan further suggests that if a development is to be approved above 1.5 du/ac, the
development needs to demonstrate compliance with the design guidelines and the
incorporation of other specific improvements, such as funding of site improvements,
incorporating architectural standards which exceed City requirements, increased
landscaping, additional open space beyond City requirements, etc. So therefore the test or
justification to go above 1.5 du/ac. to 1.72 du/ac. (a difference of 30 lots) is based on two
criteria:
1. Compliance with the design guidelines.
2. Additional details, standards, or funding be provided above and beyond normal
City requirements.
Listed on the Preliminary Plat under"Density Credit Explanation" are the ten principles
of the Design Guidelines along with an explanation on how the development will comply
with the principles. Listed below the principles are eight improvements that the developer
is proposing to provide above the normal city requirements. In reviewing this proposal,
the Plan Commission and City Council should ask themselves the following question: Do
the proposed techniques for complying with the Design Guidelines and the proposed
additional improvements above City standards,justify the additional 30 lots.
2. Under principle 5 of the Density Credit Explanation, additional information should be
added to clarify how the developer "intends to comply and exceed" the City's
architectural criteria.
Pnge I of 2
May . 4 . 2005 2 : 55PM No . 8293 P . 3/3
3. The overall site layout has been well designed with the street creating a logical street
network.
4. All lots will exceed the minimum lot width, lot size, and the bulk regulation requirements
of the R-2 zoning district.
5. The 20' construction easement running behind lots 45 thru 68 should be increased to 25'
in width.
6. All other Preliminary Plat comments have been satisfactorily addressed.
Preliminary Engineering
1. It has been decided that the center park (lot 224) will be a city park. Therefore, a note
should be added to the plans stating that the park site will be constructed to the city's
Park Development Standards.
2. The discharge pipe for stormwater basin 3 is proposedto be discharged into a vegetative
outlet swale to the creek, which is very good. However,the length of the swale is rather
short(30' —40'). Typically this distance should be 100' or more in this application.
Therefore a note should be added to the plans stating that the location of that discharge
pipe will be determined during final engineering.
3. To avoid a hazardous condition, the 10' pedestrian path will need to cross Fox Rd. closer
to the Pavillion Rd. /Fox Rd. intersection than is shown. A note should be added to the
plans stating that the final geometries and details of the Fox Rd. crossing are to be
determined at final engineering.
Landscape Plan
1. The Landscape Plan meets the standards of the City's Landscape Ordinance.
2. A note should be added to the plan that states: A maintenance and management plan for
the land to be owned by the HOA, will be submitted to the City for review and approval
prior to final plat approval.
3. All other landscape plan issues have been addressed.
We will provide additional comments and recommendations as additional information is
provided.
cc: Mayor Art Prochaska
Joe Wywrot, City Engineer
Liz D'Anna, Deputy Clerk
Bill Dettmer, Certified Building Official
John Whitehouse— EEl
Pete Huinker - Smith Engineering Consultants
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05/03/2005 TUE 16:19 FAX 630 466 9380 EEInc. ft) co s3
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• 52 Wheeler Road •Sugar Grove, 1L 60554
• TEL: 530/488-0350
FAX: 630/468-9380
•
•
• www.eeiweb.com
Engllneewring
Enterprises.
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May 3, 2005
Mr. Joseph A. Wywrot, P.E.
City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: Aspen Ridge, Preliminary Plan Review, United City of Yorkville, Kendall
County, Illinois
Dear Mr, Wywrot:
•
We have reviewed the Preliminary Plan for the referenced Aspen Ridge Subdivision
consisting of the following material received to date:
• Preliminary Plan Application and Petition by Aspen Ridge Estates, LLC, dated
January 24, 2005,
• Preliminary Plat of Subdivision prepared by Smith Engineering Consultants, Inc.
consisting of 3 sheets with latest revision date of April 21, 2005.
• Preliminary Engineering Plan prepared by Smith Engineering Consultants, Inc.
consisting of 3 sheets with latest revision date of April 21, 2005.
• Plat of Survey prepared by Smith Engineering Consultants, Inc. consisting of 1
sheet with initial issue date of November 23, 2004.
• Pavillion Road Parcel Drainage Study prepared by Aenon Consultants, Ltd.
dated November 29, 2004.
• Street Tree/Pond Treatment Landscape Plan prepared by Ives/Ryan Group, Inc.
containing 3 sheets with latest revision date of April 20, 2005.
• Stormwater Management Report for Aspen Ridge Subdivision prepared by Smith
Engineering Consultants, Inc. dated April 21, 2005.
• Wetland Delineation Report prepared by Smith Engineering Consultants dated
January, 2005.
G.,PuL,ii_\YpricviU \.C641YO044S Aspen Ridge Er,!ate:,(DieGde;n)wucsllwyw.vtPreI! Planr.`3.duc
Consulting Engineers Specializing in Civil Engineering and Land Surveying
05/03/2005 TLE 16:19 FAX 630 466 9380 EEInc. 2003/008
• Memo from Conservation Design Forum to City Planning Consultant Mike
Schoppe addressing the Wetland Delineation Report.
• Soils Exploration Report prepared by GME Consultants of Illinois, Inc. dated
January 28, 2005.
• IHPA Correspondence regarding Historic Resources (Log # 019111704), dated
. April 12, 2005, stating that no significant historic, architectural or archaeological
resources are located within the subdivision area.
• IDNR Consultation Agency Action Report dated December 14, 2004 stating
"Consultation Terminated".
• A "NO OBJECTION" response letter from the U. S. Fish and Wildlife Service to a
letter from SEC dated November 15, 2005 requesting an opinion by the
USF&WS as to any species potentially impacted by the proposed development.
• Copy of application to Kendall County Soil and Water Conservation District dated
February 24, 2005 for a Natural Resource Information Report.
• SEC response letter dated April 21, 2005 to our previous Preliminary Plan review
letter dated April 7, 2005.
General
1. No part of the proposed development is located within a Special Flood
Hazard Area as identified by FEMA based on Flood Insurance Rate Map
(FIRM) 170341 0075 C, dated July 19, 1982. However, see comment 26
below.
2. Permits or Sign-offs will be required from the following agencies:
a. (IDNR) Consultation Agency Action Report regarding endangered -
threatened species or natural areas.
b. (IHPA) Division of Preservation Services regarding Historic and
Archaeological Resources. In a letter dated December 6, 2004 (Log #
019111704) the IHPA has requested a Phase I reconnaissance survey.
c. Yorkville-Bristol Sanitary District regarding Sanitary Sewer Facilities.
d. (TEPA) Division of Water Pollution Control regarding Sanitary Sewer
Facilities.
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05/03/2005 TUE 16:19 FAX 630 466 9380 EEInc, ?004/008
e. (TEPA) Division of Public Water Supplies regarding water supply and
distribution.
f. (IEPA) Division of Water Pollution Control regarding a Notice of Intent
(NOI) General permit to discharge storm water,
g. Kendall County Highway Department regarding points of access to Fox
Road.
•
Items a and b have been received without objection and we recommend that item g be
received prior to City Council approval of the Preliminary Plan. Items c, d, e & f will be
required prior to the start of construction activities.
3. Required improvements to Fox Road are under the review and permit
authority of Fran Klaas, P.E., Kendall County Engineer. We will be meeting
with him during the Fox Road Area Study and addressing any access and
•
improvement issues to Fox Road in this vicinity in our final report. The City
should be copied on all correspondence the developer receives from the
County Engineer.
Preliminary Engineering Plan, General
4. All previous comments under this category have been satisfactorily
addressed,
Traffic Study, Streets and Right of Way
5. The City will be preparing a Traffic Impact Study for this entire area of
development, concentrating on the impacts to Fox Road from this and other
proposed developments. Of extreme public interest and importance is the
impact of any development which places more traffic on Fox Road
considering the very poor level of service at its intersection with Route 47. It
is anticipated that the City will work with the County Engineer to determine
the near and long term improvement requirements for Fox Road from High
Point Road to Illinois Route 47 and consider the provision thereof during
annexation negotiations.
6. Fox Road adjoining this development is under the jurisdiction of the Kendall
County Highway Department but sections of Fox Road under the City's
jurisdiction will also be impacted by this development. The City should
require a Transportation Impact Fee as an integral part of the Annexation
Agreement which should go towards Fox Road improvements beyond those
improvements required by the Kendall County Highway Department. We
recommend that no credits be given towards this impact fee for
improvements required by KCHD.
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05/03/2005 TUE 16:20 FAX 630 466 9380 EEInc. Z005/008
7. Pavillion Road will require dedicated right of way and reconstruction. The
recommended right of way and cost participation with regard to the
reconstruction will be evaluated based on other proposed area
developments.
8. The 2030 ADT (average daily traffic) projected for Pavillion Road in the
City's Transportation Planning Report is approximately 4000. This classifies
Pavillion Road as a Major Collector which requires a right of way width
between 80 and 100 feet. Due to the proximity of floodplain along the west
side of the road, this right of way requirement may need to be satisfied with a
greater proportion coming from the east side of the road. Realignment of the
existing intersection with Fox Road should also be accomplished in
conjunction with Evergreen Farm Estates to provide a 90 degree intersection
as well as shifting the improvement away from the floodplain.
9. An internal roads Average Daily Traffic (ADT) analysis is being prepared by
SEC and will be submitted for review when completed. This will be used to
confirm the width and structure for all proposed roads.
10. The new City requirement for hot poured joint sealer at the curb/pavement
interface for all new roads should be added to the typical road cross
sections.
11. The proposed Major Collector cross section for the reconstruction of
Pavillion Road, based on the study results will be added to the plans once
the Fox Road Area Traffic Study has been completed
12. All block lengths substantially conform to City Standards.
13. All proposed centerline geometry meets City Standards.
14. Street names should be added to the Plans and a list of proposed street
names should be submitted to the U. S. Postal Service and to KENCOM for
approval. A copy of the letter approving the names should be submitted to
the City for their records. One name should be drawn from the City's list of
historic names.
Water Mains
15. Water main routing, looping and extensions for future use are adequate as
presented except as discussed below. Detailed review of fire hydrant and
valve locations will be accomplished at Final Engineering.
16. Watermain, of a size to be determined by our Southwest Area Water Study,
will need to be extended to the northwest corner of this development.
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05/03/2005 TtE 16:20 FAX 630 466 9380 EEInc, 2006/008
17. The watermain route through Evergreen Farm or along Pavillion Road will
need to be determined in conjunction with Final Engineering.
18. We will input the proposed water distribution system into the City's model
and provide the design engineer with the required water main sizes at Final
Engineering.
19. The funding and timing of the construction of the required off-site water
mains which will serve this development will need to be established prior to
approval of a Final Plat.
Sanitary Sewers
20. The internal preliminary sanitary sewer layout appears adequate as
presented and provides service to all proposed lots.
21. The funding and timing of the construction of the required off-site interceptor
sanitary sewer which will serve this development will need to be established
prior to approval of a Final Plat.
Storm Sewers
22.The preliminary storm sewer layout appears to be adequate to collect and
• carry the 10-year design storm. A comprehensive storm sewer design report
detailing tributary areas for each inlet, storm sewer sizing calculations and
overland flood routes with cross-sections for all runoff events in excess of the
design storm, will be required with the final engineering plans.
23. An agricultural field tile survey should be performed and the results
submitted for review. Per SEC's response, this is being prepared and will be
• submitted for review when completed.
Stormwater Management
24. The Preliminary Soils Report should be expanded slightly to offer an opinion
• regarding the proposed open water retention basins and their ability to hold
water with or without linings. The report should also address the potential
impact of these basins and the associated soils with regard to adjacent
basements excavations.
25. The elevation difference between Normal Water Level and 10 year water
levels in all basins substantially conform to City requirements.
26. The Drainage Study indicates an upstream tributary area of approximately
940 acres at Fox Road, Tributary areas of 640 acres and greater require
IDNR flow certification, floodway mapping and/or a non-jurisdiction letter.
(;.\Rub!ir,\Yorlviiie,,, C 4'.YUU44 Aspon rtidco Fart-':(Urc;ti(IF;nkltiryltwvwe:APrrairt:Plm)03.due.
05/03/2005 TUE 16:20 FAX 630 466 9380 EEInc, 2007/008
Design of the proposed roadway and culverts which cross this floodway for
access to Pavillion Road will need to address all potential permitting issues
at Final Engineering.
27. The location of Pond 4 has been revised based on earlier discussions to
match the location of the existing depressional storage area which will
enable the overflow route to not cross proposed lots or streets.
28. The existing on-site depressional storage volume below the minimum
overflow elevation of 667.20 has been added to the required Basin 4 volume
as required. As upstream properties, tributary to this depressional area, are
developed and improved with stormwater management areas, the impact on
the existing off-site depressional area will be significantly reduced. As with
this development, all existing depressional storage will be added to the
required volume of a new basin and the existing storage volumes will be
maintained.
Preliminary Plat of Subdivision
29. Additional right of way dedication is indicated for Pavillion Road. The
proposed location and width will be evaluated and coordinated with the
Evergreen Farms development and the outcome of the area traffic study.
30. Street names should be provided in accordance with comment 14 above.
31. All other previous comments regarding the Preliminary Plat have been
satisfactorily addressed.
Conclusion
Our review of this Preliminary Plan will continue as the above comments are
addressed by the developer and the design engineer and additional information
is submitted as requested. We have no objection to a positive recommendation
(subject to the above comments) by the Plan Commission, for City Council
approval of this Preliminary Plan. If you have any questions or require additional
information, please contact our office.
Sincerely,
ENGINEERING ENTERPRISES, INC.
/r
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John T. Whitehouse, P.E., P.L.S.
Senior Project Manager
Crlhub,ie',V,il;vcltr\200,lwC)0<l41 Aspen Ridge Estates(Dresden;ldocwwywrotPrefmPhnO3 Coc
05/03/2005 TUE 16:20 FAX 630 466 9380 EEInc,
2008/008
pc: JWF, EEI
David W. Schultz, P.E., SEC, Inc. @ 630-553-7646 (fax)
Aspen Ridge Estates, LLC @ 815-464-2032
•
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