Plan Commission Minutes 2009 09-09-09 i
APPROVED 2/10/10
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UNITED CITY OF YORKVILLE
PLAN COMMISSION
Yorkville Public Library, Historic Meeting Room
Wednesday, September 9, 2009 7:00pm
Chairman Anne Lucietto called the meeting to order at 7:00pm.
Roll Call:
Charles Kraupner Sandra Adams
Tom Lindblom Clarence Holdiman
Michael Crouch Anne Lucietto
Absent: Brian Schillinger, Jack Jones, Jeff Baker
A quorum was established
Other Citv Staff:
Mayor Valerie Burd (arr. 7:15pm)
Travis Miller, Community Development Director
Guests:
Lynnette Neal, Depo Court Matt Schury, Kendall County Record
Richard Scheffrahn Deborah Cox, BP /RWJ
Bill Dunn, EEI Brian Plautz, Premier Land Surveying
Dave Hene, Mid - America Craig Knoche, Craig Knoche & Assoc.
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Minutes: July 8, 2009 and August 12, 2009
The July 8' 2009 minutes were approved as read on a motion by Sandra Adams and
second by Clarence Holdiman. Approved unanimously by voice vote.
August 12' 2009 minutes approved as read on a motion by Tom Lindblom and second
by Michael Crouch. Approved unanimously by voice vote.
Public Hearings:
Chairman Lucietto swore in those persons who would give testimony.
1. PC 2009 -14 SAC Wireless, LLC, d /b /a/ Verizon Wireless, petitioner, filed an
application requesting a Special Use to construct a telecommunications
towers with an electrical equipment shelter and install antennas. The
property consists of 4.2 acres at 202 and 204 Wheaton Avenue, Yorkville.
A motion was made by Clarence Holdiman and seconded by Michael Crouch to open the
Public Hearing. Carried unanimously on a voice vote.
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Travis Miller stated the petitioner requested a continuance to the October 14"' Plan
Commission meeting since more information is needed.
Tom Lindblom made a motion to continue this hearing to October 14' and it was
seconded by Ms. Adams. This continuance was granted unanimously on a voice vote.
2. PC 2009 -15 JR Yorkville LLC, petitioner has filed an application with the
City requesting rezoning from R -3 General Residence to B -3 Service
Business District. The property consists of approximately 3 acres located at
the northeast corner of Route 47 and Galena Road.
Ms. Adams moved to open the hearing and the motion was seconded by Mr. Crouch.
(See Court Reporter's Transcript)
A motion was then made by Kraupner to close the Hearing with a second from Crouch.
Approved unanimously on a voice vote.
Action Item
i. Rezoning
A motion was made by Michael Crouch and seconded by Tom Lindblom to recommend
approval of rezoning to B -3 Service Business District.
Roll call vote: Adams -aye; Lindblom -aye; Holdiman -aye; Crouch -aye; Kraupner -aye;
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Lucietto -aye
Motion passed unanimously.
NEW BUSINESS:
1. PC 2009 -11 Midco Northgate, petitioner, filed an application requesting a
preliminary plan and final plat. The property consists of approximately
28.13 acres, located at the northeast corner of Route 47 and Galena Road.
David Hene with Mid America and Craig Knoche were present on behalf of this petition.
Mr. Hene said there would be 5 developable lots and 1 for detention. CVS Pharmacy is
also expected to purchase a lot
The project is being developed in 3 phases and Mr. Hene gave an overview. He said
there will be a full access driveway on the far east edge and a temporary full access on
Rt. 47. Later that access will become a right -in, right -out and eventually have right and
left turn lanes.
Travis Miller said City staff has recommended approval of the petition and said that
stormwater was one of the larger issues. Engineer Bill Dunn added that his only concern
was the cross access easement and his reluctance with regards to the language. Mr. Hene
said a plat of easement will be prepared, however, with no easements actually shown, in
the event re- location is needed.
Mr. Crouch raised a concern about the right -in, right -out on Galena, saying it appeared to
be very close to the corner. Mr. Hene spoke with the County DOT and they approved of
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this access. Surveyor Craig Knoche added that a median would be needed on Galena
Action Items:
i. Preliminary Plan
Mr. Crouch moved to approve PC 2009 -11 subject to staff comments. Mr. Lindblom
seconded. Roll call vote: Lindblom -aye; Holdiman -aye; Crouch -aye; Kraupner -aye;
Adams -aye; Lucietto -aye
Motion passed unanimously
ii. Final Plat
A motion was made by Crouch and seconded by Adams to approve PC 2009 -11 final plat
subject to staff comments. Roll call vote: Holdiman -aye; Crouch -aye; Kraupner -aye;
Adams -aye; Lindblom -aye; Lucietto -aye
Motion passed unanimously.
2. PC 2009 -13 RWJ Yorkville LLC, petitioner, filed an application requesting a
preliminary plan and final plat. The property consists of 2.55 acres located
at 1402 N. Bridge St., Yorkville.
This petition concerns the BP Amoco and the adjacent restaurant. If the petition is
approved, it would allow the restaurant and property to be sold.
Mr. Lindblom commented that Travis and his office contacted the Bristol Kendall Fire
District regarding the close proximity of the car wash and restaurant. The BKFD has no
issues with this according to Lindblom.
Action Item:
i. Final Plat
A motion was made by Crouch and seconded by Adams to approve PC 2009 -13 subject
to staff comments. Roll call vote: Lindblom -aye; Holdiman -aye; Crouch -aye;
Kraupner -aye; Adams -aye; Lucietto -aye
Motion carried unanimously.
ADDITIONAL BUSINESS:
Mr. Crouch reported that the Zoning Commission continues to meet monthly and is re-
defining terms in modern language. The Commission will meet in September and
October and then again in January.
Chairman Lucietto said that the Kendall County Consortium had to cancel a recent
meeting due to the illness of the speaker. The next meeting will be hosted by
Montgomery and will be held in late October or November. The upcoming topic will be
"Scenic By- Ways ".
Adjournment:
There was no further business and the meeting was adjourned on a motion and second by
Crouch and Kraupner, respectively. Meeting adjourned at 7:30pm.
Minutes respectfully submitted by Marlys Young
UNITED CITY OF YORKVILLE
PLAN COMMISSION
September 9, 2009 - 7:00 p.m.
REPORT OF PROCEEDINGS taken by
Lynette J. Neal, C.S.R., at 902 Game Farm Road,
Yorkville, Illinois.
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D- 888909
REPO • COURT
reporting service
630- 983 -0030
1300 Iroquois Avenue, Suite 100
Naperville, IL 60563
e -mail: depocourt @comcast.net • www.depocourt.com
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1 PRESENT:
2 MS. ANNE LUCIETTO, Chairman;
MS. SANDRA ADAMS;
3 MR. MICHAEL CROUCH;
MR. CLARENCE HOLDIMAN;
4 MR. CHARLES KRAUPNER;
MR. THOMAS LINDBLOM;
5 MS. MARLYS YOUNG.
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1 CHAIRMAN LUCIETTO: We have two public
2 hearings, so I'm going to ask that anyone who
3 believes that he or she possibly might speak
4 during the public hearing to stand and raise your
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07:OOPM 5 right hand and repeat after me, please.
6 (Audience members were thereupon
7 duly sworn.)
8 CHAIRMAN LUCIETTO: Thank you. Okay.
9 First public hearing is PC 2009 -14, SAC Wireless,
07:01PM 10 LLC, doing business as Verizon Wireless. Before
11 we get started on that, I wanted to make sure that
12 those of you that are not familiar with our
13 procedures, we do have a court reporter and I will
14 ask that you state your name and where you live if
07:01PM 15 you are going to speak.
16 I need a motion to open PC 2009 -14.
17 MR. HOLDIMAN: So moved.
18 MR. CROUCH: Second.
19 CHAIRMAN LUCIETTO: Hearing a motion and
07:O1PM 20 a second, all in favor say aye?
21 (Chorus of ayes.)
22 CHAIRMAN LUCIETTO: Not in favor, nay?
23 (No response.)
24 CHAIRMAN LUCIETTO: We are now in
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1 PC 2009 -14. Travis, did you have something to
2 share with us on this?
3 MR. MILLER: I do. You received a
4 letter in your packet. The petitioner has
07:01PM 5 requested a continuance to the October 14th plan
6 commission meeting. The petition is deficient of
7 some background information that's required of the
8 Chapter 15 in the zoning ordinance. One of the
9 particular items is an inventory of existing
07:01PM 10 towers, their height, and design. The time that
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11 it has taken the petitioner to prepare that
12 prevented them from being prepared for tonight's
13 public hearing. Although it had been published
14 and noticed already, they are requesting to
07:02PM 15 continue to the October 14th date.
16 MR. LINDBLOM: I would move that we
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17 continue it to the October 14th meeting.
18 CHAIRMAN LUCIETTO: Do we have a second?
19 MS. ADAMS: Second.
07:02PM 20 CHAIRMAN LUCIETTO: All in favor say
21 aye?
22 (Chorus of ayes.)
23 CHAIRMAN LUCIETTO: Not in favor, nay?
24 (No response.)
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1 CHAIRMAN LUCIETTO: Okay. So we are
2 going to move PC 2009 -14 to the October 14th, 2009
3 plan commission meeting. Okay.
4 I want to open PC 2009 -15, JR
07:02PM 5 Yorkville, LLC. Do I have a motion to open that
6 public hearing?
7 MS. ADAMS: So moved.
8 MR. CROUCH: Second.
9 CHAIRMAN LUCIETTO: All in favor say
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07: 02PM 10 aye?
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11 (Chorus of ayes.)
12 CHAIRMAN LUCIETTO: Okay. We are in PC
13 2009 -15, JR Yorkville, LLC. This is a rezoning
14 issue. Is there someone here to speak on that?
07:03PM 15 MR. KNOCHE : I am Craig Knoche.
16 CHAIRMAN LUCIETTO: You haven't been
17 sworn in. Raise your right hand, please.
18 (Mr. Knoche was thereupon duly
19 sworn.)
07:03PM 20 MR. MILLER: This request is actually
21 tied to the next item on the agenda, which doesn't
22 require a public hearing, but we are going to be
23 reviewing later on in the agenda a subdivision
24 plat, preliminary and final subdivision plat, for
DepoCourt Reporting Service (630) 983 -0030
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1 the subdivision at the northeast corner of Galena
2 and Route 47 subject to this public hearing to
3 rezone a portion of that property. Petitioner's
4 brought a large version of the map -- this was
07:03PM 5 attached to the application in your packet --
6 roughly a three -acre portion of the property
7 that's currently zoned R -3 on the eastern edge of
8 the proposed Lots 5 and 6 of the subdivision.
9 The history and background that I
07:04PM 10 explained in the staff report, when Northgate was
11 annexed back in 2000 it originally contained more
12 territory than it does today. 2005 when the
13 Centex Development annexed to the city, that
14 developer acquired primarily all of
07:04PM 15 residential portions of the Northgate annexation
16 minus the three -acre parcel or sliver. There is a
17 remnant left over from that point it time. The
18 current owner, America Litco (phonetic), is
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19 wanting to develop this property as commercial
07:04PM 20 use, so they are requesting to change the R -3
21 zoning classification to a B -3 zoning
22 classification to be consistent with the remainder
23 of the territory. This is consistent with the
24 land use as recommended in the comprehensive plan
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1 and staff's pointed out in the staff report that
2 they see this rezoning as more of a housekeeping
3 item than anything else and we do recommend that
4 you approve the rezoning.
07:O5PM 5 Listed on the staff report there are
6 a series of criteria to be considered by the plan j
7 commission when preparing their recommendation for
8 the city council. There is a list of those on
9 Page 1 of the staff report.
07:05PM 10 Items A through E are directly out
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11 of the city zoning ordinance. Page 2 of the staff
12 report introduces a criteria that has not been
13 shared in a staff report previously with the plan
14 commission. I have 1 through 8. These criteria
07:05PM 15 are based on the LaSalle case, which dates back
16 several years, but case law regarding zoning
17 amendments typically go back to the LaSalle
18 factors, which is a rezoning case where LaSalle
19 was one of the parties in the case. Attorney Orez
07:06PM 20 recommended that city council consider the LaSalle
21 factors in zoning requests that are considered.
22 So in addition to the criteria in the ordinance, I
23 included the LaSalle factors for your
24 consideration as you are preparing your findings
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1 for the city council meeting. And you will see
2 these factors on future staff reports. As the
3 zoning ordinance is being reviewed and amended, it
4 is possible that the LaSalle factors could be
07:06PM 5 rolled into the criteria as part of the ordinance,
6 so over the next few months you will see a
7 combination of factors. So a little background of
8 that because that's new information.
9 If I can answer any questions? The
07:06PM 10 petitioner surveyor is here, Mr. Craig Knoche, and
11 David Hene has joined us representing MidAmerica.
12 CHAIRMAN LUCIETTO: Let's go with the
13 public questions during the public hearing. Do
14 you have any questions? Do you have anything for
07:07PM 15 us to be entered into the record? We didn't swear
16 you in.
17 (Mr. Hene was thereupon duly
18 sworn.)
19 CHAIRMAN LUCIETTO: Thank you.
07:07PM 20 MR. HENE : I don't have anything to add
21 to what Mr. Norman has entered into the record for
22 public hearing, but I would be happy to answer any
23 questions about this particular rezoning or the
24 project that we will be -- the petition for the
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1 coming subdivision, and ,I just ask that you
2 provide a positive recommendation because I think
3 that we either meet or do not violate any of the
4 standards of the zoning ordinance or the LaSalle
07:08PM 5 factors that Mr. Miller has explained.
6 CHAIRMAN LUCIETTO: Not having any other
7 public input or statements that wish to be said, I
8 look for a motion to close this public hearing.
9 MS. ADAMS: So moved.
07:08PM 10 MR. CROUCH: Second.
11 CHAIRMAN LUCIETTO: Thank you. All in
12 favor say aye?
13 (Chorus of ayes.)
14 CHAIRMAN LUCIETTO: Not in favor, nay?
07:08PM 15 (No response.)
16 (Whereupon the public hearing
17 portion of the plan
18 commission meeting was
19 closed.)
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DepoCourt Reporting Service (630) 983 -0030
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1 STATE OF ILLINOIS )
SS.
2 COUNTY OF DU PAGE )
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 28th day of September,
17 A.D., 2009
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20 Lynette J. Neal
21 CSR No. 084 - 004363
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De oCourt Rep orting Service 630 983 -003
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0 United City of Yorkville
ZI -1% 800 Game Farm Road
; ` 1636 Yorkville, Illinois 60560
Telephone: 630 -553 -4350
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