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Plan Commission Minutes 2009 03-11-09 Page 1 of 3 APPROVED 5/13/09 UNITED CITY OF YORKVILLE PLAN COMMISSION Yorkville Public Library, Historic Meeting Room Wednesday, March 11, 2009 7:00pm Chairman Anne Lucietto called the meeting to order at 7:00pm. Roll Call: Anne Lucietto, Chairman Michael Crouch Charles Kraupner Sandra Adams Brian Schillinger Jack Jones Jeff Baker Tom Lindblom Clarence Holdiman A quorum was established Other Citv Staff: Travis Miller, Community Development Director Guests: Matt Schury, Kendall County Record Tom Gilmour Attorney Dan Kramer Karen Purinter Janelle Collier, JoRic Trading Company Minutes: The minutes from January 14, 2009 were approved as read on a motion by Sandra Adams and second by Michael Crouch. Unanimous approval on a voice vote. Public Hearing: The Commissioners all voted to enter into Public Hearing. 1. PC 2008 -29 The United City of Yorkville, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to Chapter 10, Section 813-3 of the Municipal Zoning Code regarding mining. Travis Miller was sworn in by Chairman Lucietto. Mr. Miller gave an overview of this amendment and said the City is proposing a modification to the amendment. Discussion began last fall in the Administration committee and staff has identified the City and County regulations. Original documents related to mining dated back to 1973. According to Travis, the State of Illinois has final authority regarding mining operations, but that Kendall County went above and beyond the State requirements. Page 2of3 Mining is now considered a special use and this will not change. The change to the amendment is the addition of Article C. The Plan Commission has the ability to assign special conditions on a case by case basis. The Engineering Department and Bill Dettmer reviewed the text in the ordinance and some recommendations for text changes were made. Travis highlighted some of the topics and changes in the amendment: 1. Setbacks were added to amendment, even though State does not address 2. 10 acres minimum required for a mining operation 3. Fencing is not required 4. Submittal requirements are same as State's 5. Special use permit will expire 10 years after issuance unless a renewal is granted 6. Duties of the operator: berming, stormwater runoff 7. Entrance and egress not addressed by the State, this item was added 8. Trucks must be washed down for dust control 9. Hours of operation are 6am to 7pm April 1 to November 1 and from 6am to 6pm the remainder of the year 10. Language was added pertaining to private wells 11. Six months given to remove inoperable equipment 12. Annual review to be conducted Mining operations in McLean County and Bolingbrook were reviewed when considering this amendment. There are no potential operations in Kendall County at this time. Reclamation plans would be reviewed by the City and Plan Commission, however, the State has final say. A motion to close the Public Hearing was made by Brian Schillinger and seconded by Tom Lindblom. Unanimous voice vote. Action Item i. Amend Chapter 10 of the Municipal Zoning Code Tom Lindblom moved and Michael Crouch seconded the motion to recommend adoption of the amendment. Roll call vote: Kraupner -aye, Adams -aye, Schillinger -aye, Jones -aye, Baker -aye, Lindblom -aye, Holdiman -aye; Crouch -aye, Lucietto -aye. Unanimous approval. New Business: 1. PC 2009 -03 Janelle Collier, petitioner, filed an application with the United City of Yorkville requesting a Mile and % Review. The property consists of approximately 1.4489 acres, located at 7275 Route 34, Oswego. Attorney Dan Kramer represented the petitioner. The property in question is west of the Lynwood Church on Rt. 34 and Grande Reserve is on the northwest. Mr. Kramer made the following comments: There is already a blacktopped area for parking. City and County reviews have been completed. The business is now located on Rt. 126 and Ms. Collier wishes to move her business to Rt. 34. Page 3 of 3 The County is looking at B2 or BI zoning with a possibility of "Special Use ". Attorney Kramer asked for a positive recommendation. Ms. Adams commented that this appeared to be spot zoning with the residential surrounding this property and that there is abundant empty space in town. Mr. Schillinger said a similar situation occurred on McHugh Road and the petition was denied even though there were surrounding businesses. Ms. Collier said she had spoken with the neighbors and they are supportive of her venture. She has been in Yorkville for 10 years, is currently paying rent and finding that difficult and would rather own her building. Attorney Kramer described the lot as an "orphan parcel" and said that this property could not be re- developed due to present street connections. There is also a line of trees on the east boundary that will not be cut down. The Commission members voiced concern that this property could be turned in to a strip mall in the future. A concern for traffic was raised by Mr. Crouch and he said when the road is widened, the traffic will go even faster. It was noted there is an area in the parking lot to turn around allowing for easier egress. Ms. Collier added that the property has 330 feet on Rte. 34 to allow excellent visibility. Attorney Kramer said the County Chairman has given a positive recommendation. Action Item i. Mile and lh Review Mr. Lindblom moved to recommend to the Council and the County that this property be zoned as a County B2, Special Use. Brian Schillinger seconded the motion, but added that this action was being taken to protect Ms. Collier and Mr. Crouch said staff comments should be included in the recommendation. Roll call vote: Adams -aye; Schillinger -aye; Jones -aye; Baker -aye; Lindblom -aye: Holdiman -aye; Crouch -aye; Kraupner -aye; Lucietto -aye. Unanimous approval. Additional Business: A Plan Commission Consortium will be held March 18 at 7pm to discuss wind power. A seminar will be held in Shorewood also on March 18, to discuss water resource protection. It will be hosted by the Conservation Foundation. The newly appointed Zoning Commission will hold a kick -off meeting on March 25 at 7pm. The seven - member Commission will meet monthly to revise the 36 -year old Zoning Ordinance. Mr. Crouch will provide feedback to this Commission monthly and it is hoped that the revision process will be complete by the end of the year. Adiournment: There was no further business and the meeting was adjourned on a motion by Baker and second by Schillinger. Approved on a voice vote. Meeting adjourned at 7:42pm. Minutes respectfully submitted by Marlys Young ® United City of Yorkville -1` 800 Game Farm Road 1836 Yorkville, Illinois 60560 Telephone: 630 -553 -4350 0 ®� 5� Fax: 630 -553 -7575 PLEASE SIGN IN, NIEETING: P DATE: NAME COMPANY PHONE NUMBER / � J -7-:25 S 23� 5 zZ� I 1 1