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Plan Commission Minutes 2009 05-13-09
I Page 1 of 4 I APPROVED 6/10/09 UNITED CITY OF YORKVILLE PLAN COMMISSION Yorkville Public Library, Historic Meeting Room Wednesday, May 13, 2009 7:00pm Chairman Anne Lucietto called the meeting to order at 7:00pm. Roll Call: Charles Kraupner Sandra Adams Clarence Holdiman Brian Schillinger (arr.7:10pm) Michael Crouch Tom Lindblom (arr. 7:50pm) Chairman Anne Lucietto Absent: Jack Jones, Jeff Baker, A quorum was established Other City Staff: Travis Miller, Community Development Director Stephanie Boettcher, Senior Planner Guests: Matt Schury, Kendall County Record Richard Scheffrahri Kelly Kramer, Attorney /Apex Lynette Neal, DepoCourt Lynn Dubajic, YEDC (arr 7:08pm) Dean Tomich Edward Block, Sunny Valley Farm Phil Aulis, Aulis Farms Robert Nelson, Attorney /Alan Haehner James Anderson, Sunflower resident Gary K. Davidson, Attorney /Sunny Valley Farms Glenn Mahoney, Car Care Collision Centers I Minutes: The March 11, 2009 minutes were approved as read on a motion by Crouch and second by Adams. Carried unanimously on a voice vote. Chairman Lucietto swore in those who would speak at the Public Hearings. Public Hearings: 1. PC 2009 -05 Alan R. Haehner, petitioner filed an application requesting annexation and rezoning from Kendall County A -1 Agricultural to R -2 Residential with the City. The real property consists of approximately 120 acres, located at the northwest corner of Ament and Ashley Roads. A motion to open Public Hearing PC 2009 -05 was made by Adams and seconded by Holdiman. Voice vote approval. Page 2 of 4 Attorney Robert Nelson was present on behalf of petitioner Alan Haehner. (See Court Reporter's Transcripts) After hearing the petition, a motion was made by Adams to close the Public Hearing and it was seconded by Kraupner. Approved unanimously on a voice vote. Discussion It was noted that there are other pre- annexation agreements already in place in this area j and that the City had approached Mr. Haehner about annexation. The density would allow 3.3 units per acre or 396 units under straight zoning, however, the Comp Plan suggests 230 units. Crouch said he felt more negotiation was needed and that he did not feel comfortable with straight zoning until there are firm plans in place. Ms. Adams asked if the property could be brought into the City as Ag -I with a lower tax rate and then revisit the zoning at a later time. Travis said it would be more marketable with other zoning and Attorney Nelson said he would prefer R2 zoning. Crouch suggested tabling the matter until next month. Gary Davidson, Attorney for Sunny Valley Farms gave his opinion on items that should be required when considering this petition. Travis responded to his comments regarding detention, density and roadways. Action Items i. Annexation ii. Rezoning Attorney Nelson said a delay would not affect the petition and there was no urgency to, the petition. Crouch then moved and Schillinger seconded the motion to table this item until next month. 2. PC 2009 -08 Apex Developers filed an application requesting rezoning from B -3 Service Business District to PUD. The property consists of 4.214 acres located on the east side of Route 47, north of Route 71. A motion to open the Public Hearing was made by Holdiman and seconded by Crouch. Approved unanimously on a voice vote. Attorney Kelly Kramer was present on behalf of the petitioner, Apex who operates a Car Care Collision Center. (See Court Reporter's Transcripts) The Hearing was closed on a motion by Adams and second by Holdiman. Discussion Crouch agreed this location was appropriate and would not be visible to Sunflower Estates (a resident from Sunflower had earlier objected to the location). Other Board i Page 3 of 4 members agreed this was an appropriate and good plan. It was noted that emissions are governed by the State EPA. Action Items: i. Rezoning Crouch moved to approve PC 2009 -08 rezoning subject to staff comments. Kraupner seconded the motion. Roll call vote: Schillinger -yes, Holdiman -yes, Crouch -yes, Kraupner -yes, Adams -yes, Lucietto -yes. Unanimous 3. PC 2009 -09 The United City of Yorkville, petitioner, filed an application requesting an amendment to Title 10, Chapter 15, Section 6 -B of the zoning code regarding telecommunication tower equipment structures. Adams moved and Crouch seconded to open Public Hearing PC 2009 -09. Approved on a voice vote. Travis Miller presented the facts of this hearing. (See Court Reporter's Transcripts) The Hearing was closed on a motion by Kraupner and second by Adams. Voice vote approval to close. Discussion There was none. Action Item: i. Amend Title 10, Chapter 15 of the Municipal Zoning Code Crouch made a motion to approve the amendment contained in PC 2009 -09. Adams seconded the motion. Roll call vote: Lindblom -yes, Holdiman -yes, Crouch -yes, Kraupner -yes, Adams -yes, Schillinger -yes, Lucietto -yes. Additional Business: Crouch reported on the Zoning Commission. He said they had met twice and have completed the assessment of the zoning ordinance. They are now reviewing the verbage and revising some of the language. He expects the revisions will take about 13 -14 months. The next meeting is May 27"'. The Kendall County Consortium will also be held May 27 and will take place in Minooka. The discussion topic will be handling foreclosure /abandoned properties. Travis reported there would be an Illinois Transportation Plan meeting on May 14 The consultants are finalizing the plan and this is a final presentation. The trail system and downtown streetscape were considered in this plan. Page 4 of 4 Mr. Miller also reported on the CMAP 2040 Plan. Yorkville was invited to participate in a visualization study, one of 15 -16 communities in the Chicago area that was chosen. The next meeting will be June 3' at 6:30pm. Sustainability and being "green" are components of the plan in which Yorkville will be showcased. There was no further business and the meeting was adjourned at 8:00pm on a motion by Adams and second by Crouch. Minutes respectfully submitted by Marlys Young i clr © United City of Yorkville 800 Game Farm Road 836 Yorkville, Illinois 60560 1 -�-� Telephone: 630 -553 -4350 o� ®! ® Fax: 630- 553 -7575 PLEASE SIGN IN, MEETING: DATE: D NAME COMPANY PHONE NUMBER � � ►.r � �i 4i �� � 89 v aL ark s ©c -6o F "� 0 16� L( b� V � U iv De- �) Nli Va k- (IV 5 � �j - W - 0 p - Z 9 O 1 1 I UNITED CITY OF YORKVILLE PLAN COMMISSION I May 13, 2009 - 7:00 p.m. REPORT OF PROCEEDINGS taken by Lynette J. Neal, C.S.R., at 902 Game Farm Road, Yorkville, Illinois. D- 877909 REPO • COURT reporting service 630 - 983 -0030 1300 Iroquois Avenue, Suite 100 Naperville, IL 60563 e -mail: depocourt @comcast.net • www.depocourt.com 2 1 PRESENT: 2 MS. ANNE LUCIETTO, Chairman; MS. SANDRA ADAMS; 3 MR. MICHAEL CROUCH; MR. CLARENCE HOLDIMAN; 4 MR. CHARLES KRAUPNER; MR. BRIAN SCHILLINGER; 5 MS. MARLYS YOUNG. 6 - - - 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 I 3 I 1 CHAIRMAN LUCIETTO: It is approximately 2 7 o'clock. I would like to call the Wednesday, 3 May 1st, meeting to order. We have three public 4 hearings this evening, and we are going in the 07:OOPM 5 order of the agenda. And prior to that I'm going 6 to ask that whoever is going to present stand up 7 and say the oath so that we know that you are 8 speaking the truth when you do. Raise your right 9 hand and follow after me. 07:OOPM 10 (The participants were I 11 thereupon duly sworn.) 12 CHAIRMAN LUCIETTO: Thank you. Okay. I 13 would like a motion to open PC 2009 -05. 14 MS. ADAMS: So moved. 07:OOPM 15 MR. CROUCH: Second. 16 CHAIRMAN LUCIETTO: All in favor say 17 aye? 18 (Chorus of ayes.) 19 CHAIRMAN LUCIETTO: We are now in public 07:OOPM 20 hearing. 21 MR. NELSON: Good evening, thank you. 22 My name is Robert Nelson. I'm an attorney 23 practicing in Aurora, Illinois. I'm here on 24 behalf of the petitioner, Alan Haehner. Alan DepoCourt Reporting Service (630) 983 -0030 I 4 1 Haehner resides in Minnesota and lives in a suburb 2 of Minneapolis. The land in question is 120 acres 3 on Ament Road and the East Ashley Road borders as 4 well. The land currently is devoted strictly to 07:01PM 5 rotated crops. Mr. Haehner holds it as an 6 investment. He inherited this property from his 7 grandparents who were from Naperville, and they 8 had owned this land for quite a number of years. 9 Mr. Haehner does not currently have 07:01PM 10 the property for sale. It is not listed. There 11 is no marketing involved. He has no concept plan. 12 He has hired no engineer. He has no planner 13 engaged. The reason we are here is that the City 14 of Yorkville approached him and asked him if he 07:02PM 15 would consider annexing the property voluntarily 16 to the city. 17 On Allen's behalf I worked with 18 staff over the winter and we hammered out some 19 ideas about how to approach this, and Mr. Haehner 07:02PM 20 was forced to make a decision as to whether or not 21 he wanted to go forward. One of the issues, of 22 course, involved was what was the zoning for the 23 parcel if it were, in fact, to be annexed. And it 24 was decided based upon our preliminary discussions DepoCourt Reporting Service (630) 983 -0030 I 5 I 1 with staff and Mr. Haehner chose an R -2 zoning 2 classification as appropriate and the petition for 3 annexation seeks that particular classification. 4 He sought an R -2 classification as 07:02PM 5 it is defined in the ordinance and with all the 6 attendant features, such as density. In this case I 7 R -2 under the ordinance allows for 3.3 units per 8 acre and for 120 acres that amounts to about 9 396 units. As we have approached this hearing 07:03PM 10 date, I recently got some materials from the 11 planning department that made suggestions for a 12 amendment to the original draft of the annexation 13 agreement we were working on. And one of the 14 additions was a provision that the density be 07:03PM 15 capped at 210 units, though the R -2 zoning 16 classification would be allowable. 210 units 17 amounts to only 53 percent of the allowed units 18 under an R -2 classification. 19 Given the manner by which 07:04PM 20 Mr. Haehner and myself on his behalf have come to 21 this point in the road and are before you at the 22 behest of the city, we are not here prepared to 23 present any kind of a sophisticated plan or plat, 24 site plan. I don't have any compelling arguments DepoCourt Reporting Service (630) 983 -0030 I 6 1 and fancy charts to try to sustain 396 units per 2 acre on this particular parcel because that never I 3 was part and parcel of the arrangements that we I 4 were working under. 07:04PM 5 On the other hand, though, the owner 6 questions whether the city has a compelling 7 argument, at this time at least, to restrict the 8 number of units only to 210. It is my opinion the 9 perspective on the matter is speculative at best. 07:05PM 10 The city set the standard at 3.3 units per acre 11 for an R -2 classification, so as far as this 12 petitioner is concerned, it should not be 13 resistant in good faith if an applicant for an R -2 14 would expect 3.3 units as density. 07:05PM 15 Mr. Haehner, however, will consider 16 a compromise if it is reasonable and he still 17 seeks an R -2 classification for this property. He 18 does have choices however. One is accept the R -2 19 with a modest limit in density, and two is to drop 07;05PM 20 the annexation altogether, and, three, potentially 21 negotiating a different classification such as 22 agriculture. His preference is to go forward with 23 an R -2, and I seek from you a blessing for that 24 particular zoning classification. Thank you. DepoCourt Reporting Service (630) 983 -0030 7 1 CHAIRMAN LUCIETTO: Travis, did you have 2 something to say on this? 3 MR. MILLER: Sure. Do you want me to do 4 it in the public hearing? 07:06PM 5 CHAIRMAN LUCIETTO: I was going to say 6 because of the unique nature of this that you go 7 ahead and speak and then we'll go ahead entertain 8 any questions. 9 MR. MILLER: Sure. As stated by the 07:06PM 10 petitioner, the city did -- a letter was sent, an 11 invitation letter, to annex the property as you 12 are aware. There are existing pre- annexation 13 agreements that south border this property 14 extending down to the 47 corridor. And this 07:06PM 15 property is one of a handful of properties that 16 are in- between the current city limits and those 17 pre- annexation agreements. So a series of letters 18 have gone out over the past several months to 19 property owners within this geographic area with a 07:06PM 20 very general invitation that was received by 21 Mr. Haehner. 22 With regard to the zoning -- well, 23 first of all, let me just state for the record, I 24 know the notices that went out that were mailed by DepoCourt Reporting Service (630) 983 -0030 8 1 certified mail stated that this property totaled 2 180 acres. That's incorrect. The property is 3 120 acres. Following the notices being mailed, we 4 conferred with the city attorney on the error and 07:07PM 5 were advised by the city attorney that this public 6 hearing, although there was an error in the 7 notice, was appropriate because -- without 8 re- notification because the acreage is less than 9 what was in the notice. So she was confident in 07:07PM 10 recommending to proceed with tonight's public 11 hearing. I wanted to make that on the record. 12 And we had received a handful of phone calls of 13 people that had received notice and had questioned 14 the acreage and I wanted to make clear the 07:07PM 15 acreage. 16 While determining zoning 17 classification, it is appropriate to consider 18 zoning entitlement without a land development plan 19 but it puts the burden or emphasis more on the 07:08PM 20 comprehensive land -use plan. The comprehensive 21 land -use plan was updated in October of 2008 but 22 this particular property, there were a couple of 23 land -use types that were recommended. The eastern 24 80 acres of the property -- if you look at a map DepoCourt Reporting Service (630) 983 -0030 9 1 of the property, there is an "L" shape to it. So 2 the eastern portion of the property, the 3 comprehensive plan recommends an estate 4 neighborhood land use. The western portion of the 07:08PM 5 property, which is -- you go up the panhandle, if 6 you will, the shape of the property and 7 highlighted in the maps and packet a darker shade 8 of yellow, represents the area that's recommended 9 for suburban neighborhood which does recommend a 07:08PM 10 higher density range. 11 Staff went through the request and 12 the discussions with petitioner and the attorney. 13 R -2 zoning classification was the discussion from 14 the beginning. It is the general most applied 07:09PM 15 residential zoning classification in the city. 16 When compared to the comprehensive plan, we 17 recognized that this was the recommendation and 18 led to the staff report and led to further 19 communications with -- the first part being then 07:09PM 20 broached with the -- better than a month ago with 21 the petitioner to consider addressing the 22 densities within provisions of the annexation 23 agreement. 24 The staff's recommendation that R -2 DepoCourt Reporting Service (630) 983 -0030 10 1 zoning is an appropriate zoning classification for 2 the property because we would expect that when 3 this property develops -- when and if the future 4 of this property develops residentially, water and 07:09PM 5 sewer provisions will be made available by either 6 the developer developing this property or another 7 developer in the vicinity. But before development 8 we would expect that water and sewer provisions 9 would be made available. Therefore 07:1OPM 10 12,000-square-foot lots would be appropriate. 11 So the R -2 zoning classification 12 would allow for the 12,000- square -foot standard 13 with all the setbacks and the zoning requirements 14 that go along with the R -2 zoning. The concern 07:1OPM 15 then was the density. Straight R -2 zoning, as 16 stated by the petitioner and stated in the staff 17 report, we are dealing with 396 units on this 18 property which far exceeds the comprehensive land 19 recommendation for the land use. 07:lOPM 20 So the staff's recommendation was to 21 proceed with R -2 zoning putting a cap on that -- 22 that density amount. When calculating the entire 23 120 acres at a density of 1.75 units per acre, 24 yields a number of 210 units. So staff's DepoCourt Reporting Service (630) 983 -0030 11 1 recommendation was to follow that, but admittedly I 2 only -- not all of the property is covered by the 3 estate neighborhood. A portion of the property is 4 covered by a suburban neighborhood, which 07:11PM 5 allows -- the comprehensive plan defines a I 6 suburban neighborhood as a range of one - and -a -half 7 units per acre to 2.25 units per acre. So taking 8 the 2.25 units per acre for the western portion of 9 the property, the western 40 acres, and applying 07:11PM 10 the 1.75 units per acre to the eastern 80 acres 11 yields a number of 230 units, which is slightly 12 higher than what the staff's recommendation was, 13 applying the entire 1.75 units per acre. 14 Also pointed out in the staff 07:11PM 15 report, the R -1 zoning classification would yield 16 291 units. R -1 would also require the lot size to 17 be 7,000 square feet. So, again, with water and 18 sewer planned for this area, the likelihood of -- 19 from a planning standpoint the 12,000- square -foot I 07:11PM 20 lot does make sense and is reasonable provided 21 that the densities are consistent with the 22 comprehensive plan. As you know, the 23 comprehensive plan is a guide document, it is not 24 etched in stone, there for your use in guiding DepoCourt Reporting Service (630) 983 -0030 I 12 1 what is appropriate in terms of densities. 2 The only other staff recommendations 3 include the Aux Sable Creek watershed. This I 4 property is covered by a tributary to the 07:12PM 5 Aux Sable Creek and the recommendation would be to 6 include provisions in the annexation agreement 7 that upon development that tributary and that 8 waterway be recognized and it be preserved and 9 enhanced, which is typical throughout a planning 07:12PM 10 process, but at least including a provision in the 11 annexation agreement that speaks to that. With 12 that I can answer any questions. 13 CHAIRMAN LUCIETTO: Are there any 14 questions that anyone here has about this? 07:12PM 15 Hearing none, I will entertain a motion to close 16 PC 2009 -05. 17 MS. ADAMS: So moved. 18 CHAIRMAN LUCIETTO: Any second? 19 MR. CROUCH: Second. 20 CHAIRMAN LUCIETTO: All in favor say 21 aye? 22 (Chorus of ayes.) 23 CHAIRMAN LUCIETTO: Not in favor, nay? 24 (No response.) DepoCourt Reporting Service (630) 983 -0030 13 1 CHAIRMAN LUCIETTO: Okay. The next one 2 is PC 2009 -08, which is Apex Developers, LLC. 3 MR. CROUCH: Do we want to -- 4 CHAIRMAN LUCIETTO: I was thinking we'd 07:13PM 5 just go through them all and go back and discuss. 6 MR. CROUCH: That's fine. I just wanted 7 to ask. 8 CHAIRMAN LUCIETTO: I need a motion to 9 open PC 2009 -08. 07:13PM 10 MR. HOLDIMAN : So moved. 11 MR. CROUCH: Second. 12 CHAIRMAN LUCIETTO: We have a motion and 13 a second. All in favor say aye? 14 (Chorus of ayes -) 07:13PM 15 CHAIRMAN LUCIETTO: Not in favor, nay? 16 (No response.) 17 CHAIRMAN LUCIETTO: Okay. I 18 MS. KRAMER: Kelly Kramer, K- r- a- m -e -r, 19 on behalf of the petitioner, Apex Development, 07:13PM 20 LLC. We are here this evening seeking a rezoning 21 of the Fountain View development, which is north 22 of the Kendall County highway department and 23 consists of approximately 4.8 acres. Currently 24 this is zoned B -3 and divided up into three I DepoCourt Reporting Service (630) 983 -0030 14 1 separate lots. The developer has a car -care 2 collision center under contract and is looking to 3 redevelop or rezone Lot 3 of Fountain View 4 subdivision and -- into a PUD classification to 07:14PM 5 allow for the construction of an auto repair body 6 shop so long as that auto repair body shop is 7 completely enclosed. 8 We did provide to the plan 9 commission the renderings of the proposed 07:14PM 10 structure along with the redevelopment site plan 11 increasing Lot 3 from its current state of 12 approximately three - quarters of an acre up into 13 over a full acre. So the car -care collision 14 center would employ approximately 10 to 12 07:15PM 15 individuals. The parts that are sold through the 16 business would be taxable to the city, and we 17 believe that it would benefit the community at 18 this point in time. 19 We are here tonight to answer any 07:15PM 20 questions that you may have and are looking for a 21 positive recommendation on the rezoning from the 22 existing B -3 to a PUD. 23 CHAIRMAN LUCIETTO: Any questions? 24 AUDIENCE MEMBER: Was that the highest DepoCourt Reporting Service (630) 983 -0030 �I 15 1 and best use of this property? You're talking 2 about putting an auto repair facility on a very i 3 visible portion of the highway very close to a 4 residential area. 07:15PM 5 MS. KRAMER: In this particular market 6 we do believe it is the highest and best use. The 7 operation would provide jobs for the community. 8 There would be little to no impact on the 9 surrounding land owners as everything is enclosed 07:16PM 10 and there is no outdoor storage. Anything outside 11 would be surrounded by a ten -foot brick wall, 12 which would match the facade of the structure 13 that's in the exhibit that was submitted to the 14 plan commission. 07:16PM 15 CHAIRMAN LUCIETTO: Could you give us 16 your name for the record, please? 17 AUDIENCE MEMBER: James Anderson. I 18 live in Sunflower. 19 CHAIRMAN LUCIETTO: Thank you. Are 07:16PM 20 there any other questions? Okay. I will 21 entertain a motion to close PC 2009 -08. 22 MR. CROUCH: So moved. 23 MR. HOLDIMAN: Second. 24 CHAIRMAN LUCIETTO: All in favor say DepoCourt Reporting Service (630) 983 -0030 16 1 aye? 2 (Chorus of ayes.) 3 CHAIRMAN LUCIETTO: Not in favor, nay? 4 (No response.) 07:16PM 5 CHAIRMAN LUCIETTO: Okay. We will move 6 on to our third and final public hearing, PC 7 2009 -09, United City of Yorkville. I will 8 entertain a motion to open this one, please? 9 MS. ADAMS: So moved. 07:17PM 10 MR. CROUCH: Second. 11 CHAIRMAN LUCIETTO: All in favor, aye? 12 (Chorus of ayes.) 13 CHAIRMAN LUCIETTO: Not in favor, nay? 14 (No response.) 07:17PM 15 CHAIRMAN LUCIETTO: Okay. Travis? 16 MR. MILLER: This is a text amendment to 17 Chapter 15, which is a chapter that deals with 18 tower and antenna regulations within the city, 19 specifically sub -tower regulations within the 07:17PM 20 city. 21 There has been some recent changes 22 to the cell tower industry that we are learning 23 just over the past few months and we have seen an 24 increase in petitions for co- location on existing DepoCourt Reporting Service (630) 983 -0030 17 1 towers within the city, and there are a couple 2 within the mile - and -a -half jurisdiction. 3 The request is for a text amendment 4 to the zoning ordinance to address an issue that 07:17PM 5 we reviewed in one of the petitions. I gave you 6 the background on the petition but I want to make 7 sure it is clear that you understand the decision 8 before you tonight isn't on that specific item but 9 rather a text amendment to the chapter that would 07:18PM 10 alleviate an issue that staff has recognized in 11 the ordinance. 12 Beyond that, before I get into the 13 details of the issue, I will say that staff has 14 recognized multiple issues within this chapter, 07:18PM 15 but given the fact that the zoning commission is 16 currently proceeding with an update to the entire 17 zoning ordinance and will be getting that 18 processed, staff's recommendation would be to 19 focus on minor amendments, the more global, more 07:18PM 20 comprehensive amendments, in the chapter that will 21 likely be necessary would be more appropriate as 22 part of the overall zoning ordinance update. 23 The nature of this text amendment 24 would allow for structures, accessory structures, DepoCourt Reporting Service (630) 983 -0030 I it 18 1 that house equipment on a cell tower location to 2 be excluded from the -- from the definition of 3 being a new building or new structure. Right now 4 the way the ordinance is written, there is some 07:19PM 5 conflicting language but we have had the attorney 6 review it and myself and the zoning coordinator 7 have also gone through the text and what's -- 8 strict interpretation of the zoning ordinance 9 states that new structures such as the one being i 07:19PM 10 proposed for a co- location is required to meet all 11 of the setback requirements in the zoning district 12 that the tower would be within. 13 So with the accessory -- with a 14 structure such as this, it would be. required to 07:19PM 15 meet -- within a B -3 zoning would be required to 16 meet a 50 -foot front -yard setback requirement. 17 The lot that this sits on is typical of most cell 18 towers. They are usually 50 by 50 or barely more 19 than that, so the likelihood or feasibility of 07:19PM 20 ever meeting a 50 -yard front -yard setback for 21 these structures is -- in staff's opinion isn't 22 the spirit of the ordinance and wasn't to be 23 interpreted that way. Furthermore, the ordinance 24 does in a couple of locations throughout the DepoCourt Reporting Service (630) 983 -0030 19 1 provisions endorse, recommend, suggest, that 2 co- locations are preferable. The result of not 3 providing for co- locations on existing towers is 4 having to reckon with new towers to allow for 07:20PM 5 additional providers to come in. 6 So as you read through -- and, 7 again, it is kind of the philosophy of the 8 ordinance -- as you read through it there are 9 multiple references made to a preference for i 07:20PM 10 co- locations. So the staff's recommendation is to 11 make a very minor text amendment, which is 12 highlighted in your packet, but would be Title 10, 13 Chapter 15, 6B, adding an additional sentence to 14 the end of the nonconforming section that defines 07:21PM 15 preexisting towers and what preexisting towers 16 are, and then adding a statement that additional 17 equipment cabinets and equipment shelters to 18 accommodate co- locations shall not be deemed 19 another structure. What that does, when you read 07:21PM 20 through the rest of the ordinance, is it lifts the 21 requirement of the setback requirement. 22 As far as the site improvements that 23 are necessary to be met with the co- location, 24 making sure that appropriate pavement is in place, DepoCourt Reporting Service (630) 983 -0030 i 20 1 appropriate fencing, all of those things that the 2 ordinance currently regulates, would still be 3 intact with this language and a permit is required 4 for this but the setback requirements would not 07:21PM 5 factor in. So the staff's recommendation is to 6 amend Title 10, Chapter 15, Section 6 as 7 presented. 8 CHAIRMAN LUCIETTO: Thank you. Any 9 questions about that? Okay. Entertain a motion 07:21PM 10 to close PC 2009 -09. 11 MR. KRAUPNER: So moved. 12 MS. ADAMS: Second. 13 CHAIRMAN LUCIETTO: Okay. All in favor, 14 aye? 07:22PM 15 (Chorus of ayes.) 16 CHAIRMAN LUCIETTO: Not in favor, nay? 17 (No response.) 18 (Whereupon the public hearing 19 portion of the plan 20 commission meeting was 21 closed.) 22 - - - 23 24 DepoCourt Reporting Service (630) 983 -0030 21 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF DU PAGE ) I 3 I, Lynette J. Neal, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings and that the 6 foregoing Report of Proceedings is a true, 7 correct, and complete transcript of my shorthand 8 notes so taken at the time and place aforesaid. 9 I further certify that my 10 certificate annexed hereto applies to the original 11 transcript and copies thereof, signed and 12 certified under my hand only. I assume no 13 responsibility for the accuracy of any reproduced 14 copies not made under my control or. direction. 15 In testimony whereof, I have 16 hereunto set my hand this 3rd day of June, A.D., I 17 2009. 18 19 U 20 Lynette J. Neal 21 CSR No. 084 - 004363 22 23 24 DepoCourt Reporting Service (630) 983 -0030 i 1 U 7:0011] - 1:6 amount (1] - 10:22 behalf [4] - 3:24, 4:17, chose [1] - 5:1 084 - 00436311] - 21:21 amounts [z] - 5:8, 5:17 5:20, 13:19 CITY 11l - 1:2 $ Anderson 11] - 15:17 behest 111 - 5:22 City [z] - 4:13, 16:7 80 [21- 8:24, 11:10 ANNE 11l - 2:2 benefit 11] - 14:17 city (131 - 4:16, 5:22, annex 11l - 7:11 best [3] - 6:9, 15:1, 6:6, 6:10, 7:10, 7:16, 1.75131- 10:23, 11:10, 9 annexation 18] - 5:3, 15:6 8:4, 8:5, 9:15,14:16, 11:13 5:12, 6:20, 7:12, better [1l - 9:20 16:18, 16:20, 17:1 10 [31- 14:14, 19:12, 902 - 1:9 7:17, 9:22, 12:6, between [1] - 7:16 CLARENCE 11l - 2:3 20:6 12:11 beyond [1] - 17:12 classification (16] - 1211] - 14:14 A annexed [z] - 4:23, blessing (1] - 6:23 5:2, 5:3, 5:4, 5:16, 12,000- square -foot [3] A.D [1] - 21:16 21:10 body [z1- 14:5, 14:6 5:18, 6:11, 6:17, - 10:10, 10:12, 11:19 accept [1] - 6:18 annexing 11I - 4:15 border 11l - 7:13 6:21, 6:24, 8:17, 120 [41- 4:2, 5:8, 8:3, accessory (21- 17:24, answer 121- 12:12, borders 11l - 4:3 9:13, 9:15, 10:1, 10:23 18:13 14:19 BRIAN 11] - 2:4 10:11, 11:15, 14:4 13111 - 1:6 accommodate [1] - antenna 111- 16:18 brick (1] - 15:11 clear121- 8:14, 17:7 15 [3] - 16:17, 19:13, 19.18 Apex (21- 13:2, 13:19 broached (1) - 9:20 close 14] - 12:15, 15:3, 20:6 accuracy [1] - 21:13 applicant Ill - 6:13 building [1] - 18:3 15:21, 20:10 180 [1l - 8:2 acre [111 - 5:8, 6:2, applied 11] - 9:14 burden 11] - 8:19 closed [1] - 20:21 1stp] - 3:3 6:10, 10:23, 11:7, applies (1) - 21:10 business [1l - 14:16 co [7] - 16:24, 18:10, 11:8, 11:10, 11:13, applying I21- 11:9, 19:2, 19:3, 19:10, 2 14:12, 14:13 11:13 C 19:18,19:23 2.25121- 11:7, 11:8 acreage (31- 8:8, 8:14, approach 111 - 4:19 C.S.R 1q - 1:9 co- location [3] - 16:24, 200811) - 8:21 8:15 approached (21- 4:14, 18:10, 19:23 cabinets [1] - 19:17 co- locations 4 2009121- 1:6, 21:17 acres [9] - 4:2, 5:8, 8:2, 5:9 1 1- 19:2, 8:3, 8:24, 10:23, appropriate (91- 5:2, calculating 11] - 10:22 19:3, 19:10, 19:18 2009 -05 (z] - 3:13, cap [1] - 10:21 12:16 11:9, 11:10, 13:23 8:7, 8:17, 10:1, collision [21- 14:2, ADAMS [51- 2:2, 3;14, 10:10, 12:1, 17:21, capped 11] - 5:15 14;13 2009 -0813] - 13:2, 14:13 13:9, 15:21 12:17, 16:9, 20:12 19:24, 20:1 car 121 - 14:1, COMMISSION [1] - 1:2 2009 -09 [z] - 16:7, adding [21- 19:13, area [4] - 7:19, 9:8, car -care [21- 14:1, commission 14] - 14:9, 20:10 19:16 11:18, 15:4 14:13 15:14,17:15, 20:20 210141 - 5:15, 5:16, additional [3] - 19:5, argument [11 - 6:7 care [2] - 14:1, 14:13 communications [1] - 19:13, 19:16 arguments (1I - 5:24 case (1] - 5:6 9:19 6:8, 10:24 18:1 3] - 16:22 , , 230 (1] - 11:11 additions [1] - 5:14 arrangements [1] - 6:3 cell [ community [21- 14:17, 18:17 291 [1] - 11:16 address (1] - 17:4 Ashley [1] - 4:3 15:7 addressing 11l - 9:21 assume (1] - 21:12 center [2] - 14 - :2, 1 certificate 11] compared 11l - 9:16 3 admittedly [11 - 11:1 attendant [11- 5:6 certified Izl - 8: 1 1, , compelling 9 [ 2 1- 5:24, 3121- 14:3, 14:11 21:12 advised 111 - 8:5 attorney (5) - 3:22, 8:4, 6:6 3.3 [3] - 5:7, 6:10, 6:14 Certified [1] - 21:3 complete aforesaid 11l - 21:8 8:5, 9:12, 18:5 p to 11l - 21:7 le • agenda [1] - 3:5 AUDIENCE [2] - 14:24, completely tely [1] -'14:7 396 [3] - 5:9, 6:1, 10:17 ago (1] - 9:20 15:17 certify (21- 21:4, 21:9 comprehensive [9] - 3rd 11] - 21:16 agreement [4] - 5:13, Aurora 111 - 3:23 Chairman [1] - 2:2 8:20, 9:3, 9:16, 9:23, 12:6, 12:11 auto 131 - 14:5, 14:6, CHAIRMAN [281 - 3:1, 10:18, 11:5, 11:22, 4 agreements [21- 7:13, 15:2 3:12, 3:16, 3:19, 7:1, 11:23, 17:20 7:5, 12:13, 12:18, romise 4.8111- 13:23 7:17 Aux (21- 12:3, 12:5 com p [ 1 ] - 6:16 40Ill- 11:9 agriculture [11- 6:22 available (zl - 10:5, 12:20, 12:23, 13:1, concept [1] - 4:11 47111- 7:14 ahead 12] - 7:7 10:9 13:4, 13:8, 13:12, concern 111 - 10:14 13:15, 13:17, 14:23, Alan [21- 3:24 aware [11 - 7:12 concerned 111- 6:12 5 15:15, 15:19, 15:24, Allen's (1] - 4:17 aye 16] - 3:17, 12:21, conferred [1] - 8:4 16:3, 16:5, 16:11, alleviate [1] - 17:10 13:13, 16:1, 16:11, confident [1] - 8:9 50121- 18:18 16:13, 16:15, 20:8, allow [4] - 10:12, 14:5, 20:14 conflicting [11- 18:5 50 -foot [1] - 18:16 20:13, 20:16 50 -yard [1] - 18:20 17:24, 19:4 ayes [sl - 3:18,12:22, changes [1] - 16:21 consider [4] - 4:15, allowable [1] - 5:16 13:14, 16:2, 16:12, 6:15, 8:17, 9:21 53111- 5:17 allowed (1] - 5:17 20:15 Chapter [31- 16:17, consistent (1l - 11:21 19:13, 20:6 allows [2] - 5:7, 11:5 consists 11l - 13:23 6 chapter(4] - 16:17, construction altogether [11- 6;20 B 17:9, 17:14, 17:20 [1] - 14:5 611] - 20:6 amend [1] - 20:6 B -3 [31- 13:24, 14:22, CHARLES 11l - 2:4 contract 111 - 14:2 6B 11] - 19:13 amendment [s1- 5:12, 18 charts [1l - 6:1 control (1] - 21:14 coordinator 1 16:16, 17:3, 17:9, background 111 - 17:6 choices 11l - 6:18 [ ] 18.6 7 17:23, 19:11 bare) 1 - 18:18 Y Ill Chorus [s] - 3:18, copies [z] - 21:11, 7 [1] - 3:2 amendments (2) - based [1] - 4:24 12:22, 13:14, 16:2, 21:14 17:19, 17:20 7,000 [1] - 11:17 beginning [1] - 9:14 correct (1) - 21:7 16:12, 20:15 Ament [1] - 4:3 corridor [1] - 7:14 DepoCourt Reporting Service (630) 983 -0030 2 County [1] - 13:22 down [1] - 7:14 final (1] - 16:6 Illinois [21- 1:10, 3:23 likelihood [2] - 11:18, COUNTY (1] - 21:2 draft [1] - 5:12 fine [1l - 13:6 ILLINOIS [1) - 21:1 18:19 couple [3) - 8:22, 17:1, drop [1] - 6:19 first (2] - 7:23, 9:19 impact [1] - 15:8 likely 111 - 17:21 18:24 DU [1l - 21:2 focus (1] - 17:19 improvements (1] - limit [1) - 6:19 course [1] - 4:22 duly [11 - 3:11 follow (2) - 3:9, 11:1 19:22 limits (1] - 7:16 covered [3] - 11:2, following [1] - 8:3 in- between [1] - 7:16 listed (1] - 4:10 11:4, 12:4 E foot [1] - 15:11 include 121- 12:3, 12:6 live [1] - 15:18 Creek [2) - 12:3, 12:5 East (1 4:3 forced [1] - 4:20 including [1] - 12:10 lives [i] - 4:1 ] - crops [1) - 4:5 eastern [3) - 8:23, 9:2, foregoing (1] - 21:6 incorrect [1] - 8:2 LLC [z) - 13:2, 13:20 CROUCH (8] - 2:3, 11:10 forward [21- 4:21, 6:22 increase [1] - 16:24 location [41- 16:24, 3:15, 12:19, 13:3, either [1] - 10:5 Fountain [2) - 13:21, increasing [1] - 14:11 18:1, 18:10, 19:23 13:6, 13:11, 15:22, emphasis (l] - 8:19 14:3 individuals [1] - 14:15 locations [5] - 18:24, 16:10 employ [i] - 14:14 front [2] - 18:16, 18:20 industry [t] - 16:22 19:2, 19:3, 19:10, CSR [1] - 21:21 enclosed (zl - 14:7, front -yard (2] - 18:16, inherited [1) - 4:6 19:18 current [z] - 7:16, 15:9 18:20 intact [1] - 20:3 look (1] - 8:24 14:11 end [1l - 19:14 full [1] - 14:13 interpretation pi - looking [2] - 14:2, endorse (1] - 19:1 furthermore [1] - 18:23 18:8 14:20 D _ engaged [1] - 4:13 future [t] - 10:3 interpreted (1] - 18:23 LUCIETTO (29] - 2:2, D- 877909 (1) - 1:20 engineer 111 - 4:12 investment (1) - 4:6 3:1, 3:12, 3:16, 3:19, darker [1] - 9:7 enhanced [t) - 12:9 G invitation [2] - 7:11, 7:1, 7:5, 12:13, date [1] - 5:10 entertain (5) - 7:7, Game [1] - 1:9 7:20 12:18, 12:20, 12:23, dealing [1] - 10:17 12:15, 15:21, 16:8, general [z] - 7:20, 9:14 involved [21- 4:11, 13:1, 13:4, 13:8, deals [1l 16:17 20:9 geographic [1l - 7:19 14:23, 15:15, 15:19, decided [1] - 4:24 entire 13] - 10:22, given [2] - 5:19, 17:15 issue [3] - 17:4, 17:10, 4:22 13:12, 13:15, 13:17, decision [z] - 4:20, 11:13, 17:16 global [1) - 17:19 17:13 15:24, 16:3, 16:5, 8:18 issues [2] - 4:21, 17:14 16:11, 16:13, 16:15, 17:7 entitlement (1 grandparents [�) - 4:7 item [1) - 17:8 20:8, 20:13, 20:16 deemed [i] - 19:18 equipment (3] - 18:1, guide [1) - 11:23 Lynette (3] - 1:9, 21:3, defined 11] - 5:5 19:17 guiding [1] - 11:24 21:20 defines [21- 11:5, error [2] - 8:4, 8:6 J 1 19:14 estate (z] - 9:3, 11:3 H I James [1] - 15:17 M definition [1] - 18:2 etched [1] - 11:24 jobs [1] - 15:7 Haehner [9] - 3:24, 4:1, mail [1] - 8:1 densities (3] - 9:22, evening (3] - 3:4, 3:21, 4:5, 4:9, 4:19, 5:1, June [1] - 21:16 11:21, 12:1 13:20 5:20, 6:15, 7:21 jurisdiction [1] - 17:2 mailed [21- 7:24, 8:3 density [8] - 5:6, 5:14, exceeds [1) - 10:18 manner [1] - 5:19 6:14, 6:19, 9:10, excluded (1] - 18:2 half [2) - 11:6 hammered [1] - 4:18 , 17:2 K map i1] - 8:24 maps [1] - 9:7 10:15, 10:22, 10:23 exhibit 111 - 15:13 hand [a] - 3:9, 6:5, Kelly [1] - 13:18 department (2] - 5:11, existing [41- 7:12, market [1) - 15:5 21:16 Kendall [1l - 13:22 , marketing 13:22 14:22, 16:24, 19:3 21:12 g [ ] - 4:11 details [1] - 17:13 expect [3] - 6:14, 10:2, handful [2] - 7:15, 8:12 kind (2] - 5:23, 19:7 MARLYS [1] - 2:5 determining [1] - 8:16 10:8 hearing (s] - 3:20, 5:9, KRAMER [3] - 13:18, match [1] - 15:12 7:4, 8:6, 8:11, 12:15, 15:5 materials developer 131- 10:6, extend!ng [1] - 7:14 (1 ) - 5:10 16:6, 20:18 Kramer [1] - 13:18 10:7, 14:1 matter [1 - 6:9 hearings (1) - 3:4 KRAUPNER [2) - 2:4, Developers [1] - 13:2 F hereby [1) - 21:4 20:11 meet (3] - 18:10,18:15, developing [1] - 10:6 18:16 facade [1] - 15:12 hereto [1) - 21:10 meeting i3] - 3:3, 13:19 Development [1] - facility [1] - 15:2 hereunto [1] - 21:16 L fact (2] - 4:23, 17:15 higher[z] - 9:10, 11:12 18:20, 20:20 development [4] - land (11] - 4:2, 4:4, 4:8, MEMBER [2] - 14:24, 8:18, 10:7,12:7, faith [i ll l - 6 6:13 factor 15:6 8:18, 8:20, 8:21, 15:17 :13 highest [z] - 14:24, 13:21 8:23, 9:4, 10:18, met [1] - 19:23 fancy (1) - 6:1 highlighted [z] - 9:7, develops [2] - 10:3, 10:19, 15:9 MICHAEL (1] - 2:3 19: 10:4 far( - 6:11, 10:18, 19:12 22 highway [zl - 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