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Plan Commission Minutes 2009 07-08-09
Page 1 of 3 APPROVED 9/9/09 UNITED CITY OF YORKVILLE PLAN COMMISSION Yorkville Public Library, Historic Meeting Room Wednesday, July 8, 2009 7:00pm Chairman Anne Lucietto called the meeting to order at 7:05pm. Roll Call: Clarence Holdiman Jeff Baker Tom Lindblom Sandy Adams (arr. 7:20pm) Chairman Anne Lucietto Absent: Jack Jones, Brian Schillinger, Michael Crouch, Charles Kraupner It was noted that there initially was no quorum and the meeting was paused until a quorum was established at 7:20pm. The meeting was resumed at this time. Other City Staff: Travis Miller, Community Development Director Stephanie Boettcher, Senior Planner Guests: Matt Schury, Kendall County Record Chris Vitosh, Depo Court Reporter Richard Heath Scott Johnson, CAPS Mike Engelhardt Pat Engelhardt Ruben Rodriguez Gene Lamb Helen Lamb Tom Godleur (sp ?), EJ Plumbing Jim Green, Renewable Resource John Philipchuck, Attorney DBC &W John Tomasik, Kendall Land Dev. George Boltor, Kendall Land Dev. Doug Clayton Shirley Clayton Tom Plank Lori Staie Pete Huinker, SEC Group Charles MacKinnon, McKinnon Farm Mariann Manthei, YGC II Minutes: June 10, 2009 Mr. Lindblom and Mr. Baker moved and seconded respectively, to approve the minutes as presented. The motion carried on a voice vote. Chairman Lucietto swore in those who would speak at the Public Hearing. Page 2of3 Public Hearings: 1. PC 2009 -10 Kendall Land Development filed an application with the City requesting rezoning from the United City of Yorkville R -2 One Family District to a Planned Unit Development. The property consists of approximately 51 acres and is located east of Route 47, between Van Emmon and Route 126, Yorkville. A motion was made by Baker and seconded by Lindblom, to open the Public Hearing. It opened at 7:20pm. (See Court Reporter's Transcript of Hearing) During the Hearing a written statement from Gregory and Susan Lambke of 339 E. Van Emmon St. was read by Chairman Lucietto. This written statement shall be attached to the official minutes. Attorney John Philipchuck represented the petitioner. Briefly, he said that in 2007 the final plats for the subdivision came before the City and the plat was recorded at the end of the year. At that time, the subdivision was an annexed parcel of land not subject to an annexation agreement and was zoned R2 single family residential. At 8:35pm, the Hearing was closed on a motion by Lindblom and a second by Adams. Discussion by Plan Commission Members Following Hearing: Mr. Lindblom stated several concerns that he saw following a visit to the site. 1. Erosion is so severe that the curbs are being lost, he wondered why that had not been addressed. 2. Where will the stormwater go? 3. All vegetation was removed in order to put in utilities —more value would be realized from wooded lots. 4. He asked that the City not issue a building permit until a connection is made to Route 126, even though there is a legal document. He said in the past, developers have promised that some items will be "done later" and they are not done There must be another entrance in case of emergency. 5. Concern about exceeding the density and that the guidelines in place should be followed. Peter Huinker of the SEC Group responded to the stormwater concern. He said until all vegetation is established, erosion control features would be installed to prevent silt from entering the stormwater system. Filter fabric, straw bales and wire would be used since there are very steep slopes. Mr. Lindblom responded that the hill south of Van Emmon has not been maintained. According to Travis Miller, a schedule of maintenance was discussed at Public Works two weeks ago and was deemed appropriate. Page 3 of 3 The second subdivision entrance was addressed by Attorney Philipchuck who said that the connection would be in place prior to the issuance of the first occupancy permit. Chairman Lucietto thought that she remembered a small access to Rt. 126 being provided in 2007. Mr. Philipchuck said at that time, the development had not come before the City. Later it was recognized that a secondary connection was needed and a right -of -way and easement were obtained. Commission Holdiman commented that the number of houses should be kept to a reasonable level. Ms. Adams said she agreed with Mr. Lindblom's concerns and said the Comp Plan should be followed. Though the Comp Plan recommends 2.25 units, Mr. Philipchuck said their zoning allows 3.3 units. He said the townhomes are clustered to allow for a "greenway" while also working with the infrastructure in place. There was no further discussion and Chairman Lucietto summarized the petitioner's request as a change of zoning from R2 to a PUD. Action Item i. Rezoning Mr. Lindblom then made a motion to recommend to the City Council to approve PC 2009 -10. Ms. Adams seconded the motion. Roll call vote: Adams -no; Baker -no, Lindblom -no, Holdiman -no, Lucietto -no. Motion failed 0 -5. Additional Business: Chairman Lucietto handed out a Kendall County Planning Consortium agenda and encouraged attendance. There was no further business and the meeting was adjourned on a motion by Baker and Lindblom at 8:47pm. Minutes respectfully submitted by Marlys Young g7j (yo / /Vo "---I ol-�� , � F�- 50 �o� Crr © United City of Yorkville 800 Game Farm Road _ 1636 Yorkville, Illinois 60560 �-� Telephone: 630 -553 -4350 o� o Fax: 630 -553 -7575 Kantla C°� �_ PLEASE SIGN IN, MEETING: DATE: 5LA i .Z v O NAME COMPANY I PHONE NUMBER I12rt r+A R) 14 4EAT N 163 - s s 3- M Y,�Kv I �G� -s 19o& 5 � L vL' �f1 ¢� a s IL a) '7 J L X 3 35 7 75 ��� GO O S53 -933Y United City of Yorkville 800 Game Farm Road ' 636 Yorkville, Illinois 60560 1-� Telephone: 630 -553 -4350 0 ®' Fax: 630 -553 -7575 �� y 5eai wart cw r` �S PZEASE SIGN IN MEETING: DATE: NAME COMPANY PHONE NUMBER i p,�. �J a n �e 9C6 61y - SS3 75�C7 L�1a��� f �a�li /"hart 1 "/ACr'1 tN,vCA/ b6fM 8V7-SVq- O` S 1! 1 I 1 i 1 I � i I PLAN COMMISSION MEETING I UNITED CITY OF YORKVILLE, ILLINOIS 1i REPORT OF PROCEEDINGS had at the meeting i of the above - entitled matter taken before CHRISTINE M. VITOSH, C.S.R., on July 8, 2009, at the hour of 7:00 p.m., at 902 Game Farm Road in the City of Yorkville, Illinois. i i D-883509 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 P R E S E N T: 2 MS. ANNE LUCIETTO, Chairman, 3 MR. TOM LINDBLOM, 4 MR. CLARENCE HOLDIMAN, 5 MS. ANNE LUCIETTO, 6 MR. JEFF BAKER. 7 ALSO PRESENT: 8 Mr. Travis Miller, 9 Ms. Marlys Young. 10 11 - - - - - 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 3 i 1 (Witnesses sworn.) 2 CHAIRMAN LUCIETTO: And now I look for a 3 motion to open PC 2009 -10. 4 MR. BAKER: So moved, Baker. 07:17PM 5 CHAIRMAN LUCIETTO: Do we have a second? 6 MR. HOLDIMAN: Second. 7 CHAIRMAN LUCIETTO: We are now in PC 8 2009 -10. John? 9 MR. PHILIPCHUCK: Good evening. My name 07:18PM 10 is John Philipchuck. 'My office is at 123 Water 11 Street, Naperville, Illinois. I am an attorney 12 with the law firm of Dommermuth, Brestal, Cobine & 13 West. I 14 I'm here this evening representing 07:18PM 15 the Kendall Development, LLC regarding the 16 Kendallwood Estates subdivision. The Plan 17 Commission may recall back in 2007 that a final 18 plat for this subdivision came through the City 19 and the plat was recorded at the end of that year. 07 :18PM 20 At the time that particular 21 subdivision is -- or was an annexed parcel of land 22 not subject to an annexation agreement, was zoned 23 R -2 single- family residential. 24 With me this evening to explain some Depo•Court Reporting Service (630) 983 -0030 4 1 of the existing utilities and conditions of the 2 subdivision is Pete Huinker, and I'll introduce 3 Pete at this time to give you some background as 4 to what has been constructed out there in the 07:19PM 5 field. 6 MR. HUINKER: Thank you, John. Again, 7 my name is Pete Huinker from SEC Group. 8 As John stated, this subdivision was 9 recorded -- this plat was recorded back in 2007 in 07 :19PM 10 December. I wanted to talk a little bit about I 11 what has been constructed. The original 12 subdivision had 83 lots, all single- family. 13 Since the plat has been recorded, 14 all of the roadways have been constructed; to the I 07:19PM 15 north is Van Emmon and to the south this is 16 Route 126. The route basically has a main 17 north /south roadway with some cul -de -sacs and stub 18 streets that are provided to the east and to the 19 west. 07:2oPM 20 Essentially with the roadway 21 construction there was some mass grading that had 22 occurred, so basically table - topped the lots, 23 public utilities have been completed, sanitary, 24 storm sewer, as well as water main. Depo•Court Reporting Service (630) 983 -0030 5 1 There was seeding and grading of the 2 detention basins. There is four detention basins 3 that have been constructed, two in the northern 4 area, the northeast corner, called the north 07:20PM 5 central west basin, the central west basin, and 6 the southwest basin. 7 From a roadway construction 8 standpoint, basically the binder course has been 9 constructed and not the surface course, so the 07:21PM 10 finish surface has not been completed. Obviously 11 there has not been any sidewalk, which goes 12 in -hand with any of the lot construction, so those 13 are a couple items that have not been completed on 14 the existing subdivision. 07:21PM 15 There is a current letter of credit 16 out in place for the subdivision for those public 17 improvements. We also have a stub road to the 18 south and west which would connect to the 19 Woodstone subdivision and would connect to 07:21PM 20 Route 126 as well, and I believe that was annexed 21 and zoned last year. 22 MR. MILLER: 1 07 I believe. 23 MR. HUINKER: '07. 24 MR. PHILIPCHUCK: The subdivision as we Depo•Court Reporting Service (630) 983 -0030 6 1 proposed, as Pete pointed out, was 83 lots, 2 detached single - family product. Now that, as you 3 know, under an R -2 zoning classification, you are 4 allowed to develop properties up to 3.3 dwelling 07:22PM 5 units per acre. 6 The Staff did a nice job in their 7 report about talking about the Comprehensive Plan 8 and how it relates to the area because the 9 petition that is before you this evening is 07:22PM 10 considering taking some of the lots at the south 11 end of the subdivision and doing a rezoning from 12 the R -2 to PUD and then putting some attached 13 housing units on the property, and the reasons 14 that we see this as being a required and a 07 :23PM 15 necessity, it (a) , opens up the marketplace, it 16 allows us to offer another type of housing product 17 within the subdivision, basically to the 18 empty- nester, and it also allows a transition. 19 This property, the Woodstone, that 07:23PM 20 was mentioned, came in and that is zoned B -2 21 commercial, so there are office uses, B -1 22 commercial, B -2 commercial uses, that can be put 23 on that property. 24 We see a transition with that land I Depo•Court Reporting Service (630) 983 -0030 I 7 1 use that we are proposing then from the more 2 intense development that Woodstone will be because 3 when we came in and did the original subdivision, 4 this was shown as residential in the Comp Plan, 07 :23PM 5 but obviously the City Council chose to put a 6 different zoning classification on it, so as a �i 7 result, it allows us to look at this and say, 8 well, this was designed, and still is, as a 9 high -end subdivision. 07:24PM 10 We'll go through some of the 11 covenants and things that been placed on this 12 particular development and you will agree that it 13 is designed with that in mind, and we felt that 14 that would pose some problem developing the 07:24PM 15 southern end with the commercial influence of that 16 particular piece of property. It's a little over 17 12 acres there that was brought in and annexed for 18 commercial purposes. 19 So our current density in the 83 07:24PM 20 lots is like 1.61. The Comp Plan says 2.25, but 21 remember, it's zoned R -2, which allows 3.3, so it 22 can get confusing when you try to look at the -- 23 what does the Comp Plan say, but I would say 24 what's more ertinent is what does the existing g i Depo . Court Reporting Service (630) 983 -0030 8 1 zonin g allow. 2 The existing zoning allows for more 3 units than we have on the property, and bottom 4 line is with our proposal, we are still under the 07:25PM 5 total number of units that could be put on the 6 property based on the existing 3.3 -DU per acre 7 density that's set forth in the zoning ordinance, 8 so while that can be somewhat confusing, I wanted 9 to go through that with you, and if you still have 07:25PM 10 questions about that, we can talk about it. 11 The next thing that the Staff talked 12 about as far as the proposal is looking at the 13 standards that are in the R -2 and the standards 14 that are in the R -3, and if we utilize those 07:25PM 15 standards in looking at the two types of product 16 that we are offering, they said that they -- the 17 project as proposed does comply with the R -2 18 standards for the remaining detached single- family 19 product and the R -3 standards for the attached 07 :25PM 20 single- family product. 21 The Staff looked at the open space 22 and said, you know, as part of a PUD you have to, 23 you know, have certain criteria that we look for, 24 and we feel that we have certainly designed our Depo•Court Reporting Service (630) 983 -0030 9 1 subdivision such that we can comply with the types 1 2 of criteria, like the architectural standard -- 3 there is several things, the existing site 4 conditions, architectural interests, pedestrian 07:26PM 5 sidewalks, looking at the vehicular pedestrian - i 6 circulation systems, parking lots, utilities, 7 detention, and the unified landscape treatment, 8 and that goes to some of what is here as far as 9 open space, that's always something that comes 07:26PM 10 out, and we would like to point out that when this 11 subdivision was developed, that because of another � 12 park in the area, we were going to do cash 13 donation in lieu of doing the actual putting in of I 14 a public type of park in the subdivision, so as a 07:26PM 15 result the park district under the new proposal 16 would receive additional moneys for parks and 17 improvements within the particular area. I 18 It would be an increase of $37,000 19 over what they would be getting under the 07:27PM 20 subdivision as it's proposed -- or as it exists 21 today, and we are like in the $350,000 range for 22 the overall donation. 23 The number of school children that 24 would be generated from the development as it's Depo•Court Reporting Service (630) 983 -0030 10 1 proposed and in existence today would be less 2 under the PUD proposal. 3 When you go to the attached product 4 and you utilize the land cash donation sheets that 07:27PM 5 the City of Yorkville has adopted, you will find 6 that we are 15 students less under this proposal 7 under those population generation tables than we 8 would be if it was all a detached single- family 9 product and, of course, by having the additional 07:28PM 10 units, we are in a position then where we can 11 provide more money to the school district through 12 the property taxes as well as to the City of 13 Yorkville because of having the tax bills on those ! 14 individual additional units that are in the 07 :28PM 15 proposed subdivision, so we think that the change ' I 16 does have benefits to the school district, it has 17 benefits to the park department, and benefits to 18 the City. 19 There is no question that the trades 07:28PM 20 have been decimated and we are hoping that by 21 making some land use change here we can get some 22 more people back to work again and create some 23 demand in this particular area. 24 This is a very nice piece of De p o•Court Reporting Service (630) 983 -0030 p g 11 I property, and in keeping with the character of the 2 area that's been established, a large amount of 3 open space was created with the original design 4 and our proposal is to basically erase the lot 07:29PM 5 lines at the southern end of the development and 6 then place the attached units in such a manner so 7 that everything around it is common open area, 8 they basically own the unit that they are buying, 9 and they all then share in all this open space. 07:29PM 10 We have quite a bit of open space 11 above and beyond the detention requirements; I 12 think we are at 4.4 or 4.1 acres of open space 13 over and above the detention requirements, and I 14 think with detention we are in the 12 -acre -- 12 'I 07:29PM 15 percent area, was it, Peter? f 16 MR. HUINKER: Yeah, 13 percent 17 detention, about nine percent open space. 18 MR. PHILIPCHUCK: So those are the 19 criteria that the Staff looks at as far as a PUD, 07:29PM 20 the fact that there is enough open space as part i 21 of that PUD, and we have that. I :I 22 One of the thoughts that the Staff 23 had was about taking some of those open areas and 24 putting them into some kind of conservation I Depo•Court Reporting Service (630) 983 -0030 12 1 easement with the land trust organization. 2 First of all, we think they are 3 probably too small to do that, but, second of all, 4 if the interest is to protect those areas in 07:30PM 5 perpetuity, we would suggest there is a better way 6 to do it. 7 It could still remain in private 8 ownership and control, but that as part of the 9 PUD, those could be designated as open space areas 07:30PM 10 and so they would remain as open space areas, 11 conservation areas if you will in perpetuity, so I 12 that's a way you can protect that without bringing 13 in an outside party. 14 If there are single- family lots, I I 07:30PM 15 know Staff looked at something about connectivity 16 behind the lots here behind some open space; we 17 would submit again that we would prefer to do that 18 with an easement, and then put language in the 19 easement that says that area remains natural and 07:31PM 20 is protected, so those are our suggestions with 21 regard to that. 22 As far as combining some of the 23 stormwater area, Pete has looked at that. Some of 24 that is just a matter of function of how the Depo•Court Reporting Service (630) 983 -0030 13 1 lotting was already in place. We're trying to, 2 again, keep detention areas in common areas, again I 3 subject to homeowner association requirements for 4 the maintenance and, of course, there would be 07:31PM 5 back -up dormant SSA which covers the unlikely 6 situation but if it ever happened, that the were pp � Y I I � 7 unable to continue on with maintenance. 8 The design guideline that the Staff 9 pointed out, we feel that our existing site 07:31PM 10 conditions -- certainly with the open space that 11 we talked about -- satisfies those conditions, and 12 really the bottom line is pretty much is what it 13 is, as Pete said, the infrastructure is all in 14 place, the only thing that remains is the overlay 07:32PM 15 for the final on the streets, and then as the 16 individual home are built, sidewalks would be 17 constructed. 18 The architectural amenities -- and 19 later I'll introduce to you Tim Green, who is an 07:32PM 20 architect and gets into the geothermal design of 21 homes -- we're anticipating and trying to promote 22 this as a green development, and so as part of 23 that, we are proposing that these homes would have 24 such things as high efficiency applicances, Depo•Court Reporting Service (630) 983 -0030 14 1 furnaces, water heaters, computerized home green 2 programming devices, high efficiency lighting, 3 ceiling fans, different types of approved glass 4 for the windows and doors, certain types of 07:33PM 5 thermal insulation on the exterior walls, 6 environmentally safe roofing products, cedar or 7 Hardie board siding, there is no vinyl or aluminum 8 allowed in the subdivision, a minimal use of the 9 Dryvit exterior, but there are some people who do 07:33PM 10 like the look of the Dryvit, the installation 11 practices are getting better, so we would allow 12 it, but not necessarily encourage it, and 13 suggesting garden pond and plumbing fixtures with 14 water efficiency systems. 07:33PM 15 Tom Godlewski is with us this 16 evening and Tom will explain a little bit about 17 what goes into the plumbing systems as far as 18 water conservation measures and things of that 19 nature. 07:33PM 20 We have in our covenants, and what 21 would be proposed for the attached product as well 22 as the existing detached, is that the minimum of 23 50 percent of all front facades would be masonry, 24 stone cultured stone, cedar Hardie plank, EFIS, so Depo•Court Reporting Service (630) 983 -0030 i 15 1 what we are looking at is 50 percent of that would 2 have to be the masonry on the fronts, and then 3 those other products, but no aluminum or vinyl. 4 Same for the chimneys, masonry, cultured stone or 07:34PM 5 EFIS . 6 We have a minimum requirement of the 7 30 -year architectural shingles for the roofs. No 8 three -tab shingles will be permitted. We have no 9 vinyl doors, no vinyl windows. Not allow 07:34PM 10 accessory buildings. There are restrictions on 11 fences. The only fences that can be put in would 12 be as required to go around a swimming pool as 13 required by City rules and regulations. Satellite 14 dishes are going to be regulated as size and I 07:34PM 15 where they can be located. 16 We have minimum house sizes 17 established. Our single- family detached product 18 on a two -story unit minimum is 2800 square feet; I 19 on a one -story unit, that's 2200; in our attached 07:35PM 20 product, depending on whether it was a two - bedroom 21 unit, those minimum would be about 1400 square 22 feet, three - bedroom units around 1800 square feet. I 23 So you can tell by the thought 24 that's gone into the requirements that the target Depo•Court Reporting Service (630) 983 -0030 i 16 1 is a high -end subdivision for both of the 2 products, the attached product and the detached 3 product. 4 Some of the other design guidelines, 07:35PM 5 such as the pedestrian system, one of the things 6 that we are proposing to add is an additional 7 pathway that would come off our internal sidewalk 8 system that would continue down so that the 9 subdivision will be connected to the future 07:35PM 10 Commonwealth Edison regional bike trail, so that's 11 one thing that would be added so we get some 12 connectivity. 13 There is no commercial component, so 14 there is really no parking lots or anything here 07:36PM 15 that need to be considered, so some of the items I 16 that are in those design guidelines are really not 17 applicable because this is a totally residential 18 development, and then as far as landscape 19 treatment, we are taking into consideration Staff 07:36PM 20 comments about looking to trying to do seeding as 21 opposed to sod for the yards to get the better 22 root system and root structure for the future. 23 I think you received in your packets 24 typical elevations of some of the product. Of Depo•Court Reporting Service (630) 983 -0030 17 1 course, they are all like a minimum of two -car 2 attached garages. We've got varying types of 3 facades. 4 Obviously because these are actual 07:36PM 5 photos, some of these developments have been built 6 in other parts of the Chicago area, but in many 7 cases they don't have the type of materials that 8 we are requiring. Maybe some of these show vinyl 9 siding and things of that nature which would 07:37PM 10 not -- would not be allowed in our particular 11 development. 12 So at this time I would like to ask 13 Tim Green, if Tim could come up and just give a 14 few more highlights on some of the green 07:37PM 15 initiatives that we are looking at as far as the 16 buildings that would be constructed. 17 MR. GREEN: My name is Tim Green. My 18 company is Renewable Resource Installation. What 19 we have proposed to the developers to bring in 07:37PM 20 some green components to their homes is a 21 soy -based foam insulation, and what this product 22 is is a high performance insulation that is made 23 with rapidly renewable soybean oil. 24 Unlike fiberglass or other materials Depo•Court Reporting Service (630) 983 -0030 i 18 1 that are not natural plant -based material and are 2 not renewable, this is a much more earth 3 friendly -type product and has also the benefit of 4 being a very high performance insulation, so given 07:38PM 5 that if the thermal envelope of the house has very 6 good insulation, then we can take advantage of our 7 second proposal, which is a geothermal HVAC 8 system, and geothermal works basically by using 9 the constant temperature of the earth as a storage 07:38PM 10 bank for energy. 11 The way that is tapped is that each 12 home will have a furnace on the inside of the 13 house and on the outside we drill a hole in the 14 ground generally about 300 feet deep. This hole 07:39PM 15 is what's called a closed loop. It does not 16 interact with any water aquifer or any ground 17 water. Once the whole is drilled, it is full -- 18 it is encased with concrete, so that it is, you I 19 know, stable and does not interact with any 07:39PM 20 subsurface water. 21 Basically in the wintertime we take I 22 heat from the earth and put it into the house and 23 in the summer it works in reverse, where we take 24 heat from the house and put it into the ground. De P o•Court Reporting Service (630) 983 -0030 19 1 This is an extremely efficient 2 system, and once this -- you know, we couple this 3 with the insulation, we have an extremely 4 efficient house. 07:39PM 5 One benefit is that the federal 6 government is now granting homeowners a 30 percent 7 tax credit for using geothermal in, you know, 8 trying to reduce the carbon footprint and reduce 9 greenhouse gases in the environment. 07:40PM 10 Another benefit of the geothermal is I 11 that there are no outdoor air condensers, 12 condensing units, so it makes the subdivision much 13 quieter and just a nicer -- nicer place with live 14 with less noise pollution. 07:40PM 15 If you have any questions, I'd be 16 happy to answer them. 17 MR. PHILIPCHUCK: Next I'd like to 18 introduce Tom Godlewski, the plumbing contractor. 19 MR. GODLEWSKI: My name is Tom 07:40PM 20 Godlewski, I am representing EJ Plumbing. What we 21 would like to do in this subdivision is install 22 the plumbing fixtures that can save up to 23 30 percent of water, which is like dual flush 24 system for toilets. You know, right now the Depo•Court Reporting Service (630) 983 -0030 I 20 1 government changed the law to use 1.6 gallon per 2 flush. Now the companies redesigned the toilets 3 and so they use both systems. Like, for example, 4 you can flush 0.8 or 1.6 gallons per flush. 07:41PM 5 Shower head faucets, I mean, you can 6 save up to 30 percent of water, you don't feel it, 7 I mean, just seems like you completely take a 8 shower with the same amount of stream. 9 What we can do, we can also install 07:41PM 10 the tankless water heaters, what they call hybrid, 11 with the power saving. You can use geostorage of 12 the water; for example, like a 40, 50- gallon 13 keeping in the basement. We just heat the hot 14 water, you know, at the same time when you turn 07:42PM 15 the water on. 16 Or we can install the 96 or 17 97 percent efficiency water heaters, which our 18 government can give you a credit up to $1,500 and 19 the gas company will reimburse the first gas bill 07:42PM 20 up to $300. So that's typically what we would 21 like to do, just minimize the water, just try to 22 save the water usage in the whole subdivision. 23 Thank you. If you have any 24 questions. Depo•Court Reporting Service (630) 983 -0030 21 1 MR. PHILIPCHUCK: So to recap, what I'd "? 2 like to point out again is that the infrastructure 3 is all in place, the additional units, the road 4 system that's been put in is adequate to handle 07:42PM 5 the additional traffic that would be generated by 6 the additional units. 7 As pointed out, while currently it 8 is just the access to Van Emmon, as part of the 9 Woodstone development there is a right -of -way that 07:43PM 10 has been set forth so that a connection can 11 ultimately be made to Route 126, stubs have been 12 made to the property then also to the east for 13 future connectivity to more locations there. 14 We also have an emergency access 07:43PM 15 that can come out here until such time as a 16 permanent roadway is installed; that was looked at 17 at the time we came through, if you remember, with 18 the original subdivision. 19 The area, we think because of some 07:43PM 20 of the changing conditions in the marketplace, 21 there is more of a demand for attached product as 22 the population is aging, that people are looking 23 for product that requires less maintenance on 24 their part as far as the exterior, yard areas, Depo•Court Reporting Service (630) 983 -0030 i 22 1 et cetera, a little smaller square footage, but 2 still something that resembles a detached 3 single - family home, so from a visual perspective, 4 when you drive through the subdivision or you view 07:44PM 5 it from a distance, it looks like it's a detached 6 single- family subdivision and, again, because of 7 the criteria that are set forth in the covenants 8 that we will maintain not only property values in 9 our subdivision, but we will protect the property 07:44PM 10 values of the homes in the surrounding areas as 11 well. 12 The access roads, once you leave the I 13 site at Van Emmon and Route 126, are certainly 14 adequate to handle the traffic from 07:44PM 15 development. I 16 We think that the original design 17 was very nice, we captured as much of the open 18 space areas and maintained them as treed and open 19 space areas, and that will continue to be the case 07:45PM 20 under this proposal, and so we would suggest that 21 this would be a good change as far as the plan is 22 concerned to allow another product, a 23 single- family product, but an attached, again for 24 obvious reasons, to provide proper transition from Depo•Court Reporting Service (630) 983 -0030 i 23 1 the commercial, the property that's south now, as 2 we go into the detached product then further to 3 the north. 4 So for these reasons we would 07:45PM 5 respectfully request that the Planning Commission 6 concur with the petition and would recommend to 7 the City Council the rezoning approval to take it 8 from the R -2 to the PUD. 9 And with that, that concludes our 07:45PM 10 presentation, but we are happy to answer any 11 questions you might have and certainly respond to 12 any questions that any of the public may have. 13 CHAIRMAN LUCIETTO: I think we're going 14 to ask Travis to speak and give us the Staff 07:46PM 15 perspective and then we can go on to public 16 questioning. 17 MR. MILLER: Sure. Staff report was 18 attached in your packet. Typically Staff reports 19 do refer to the Comprehensive Plan. 07:46PM 20 As was stated by the petitioner, 21 this request is for rezoned property that was 22 annexed to the City several years ago. There is 23 no annexation agreement in place. It was annexed 24 more than 20 years ago, so any life of that Depo•Court Reporting Service (630) 983 -0030 i 24 1 annexation agreement has expired. 2 This property was approved through 3 the subdivision platting process a couple years 4 ago and recorded, so this request is to rezone the 07:46PM 5 property to PUD, so even though the current zoning 6 is R -2, the Comprehensive Plan is still a valid 7 document when you are considering zoning changes. 8 The densities and the allowable 9 units per acre that was explained by the 07:47PM 10 petitioner are correct. The zoning ordinance 11 doesn't state that 3.3 units per acre is the 12 maximum density, but it does state that 13 12,000- square foot lots are the minimum lot size. 14 So doing the math with the acreage, would 07:47PM 15 yield, you know, approximately 3.3 units per acre, 16 so that is a true number, but not -- not a 17 definite range as defined by the -- by the City's 18 a zoning ordinance. 19 The Comprehensive Plan recommends 07:47PM 20 suburban neighborhood in this area or for this 21 property surrounded by similar uses. 22 The existing uses to the west of 23 this property are residential, that would fit 24 within the description of suburban neighborhood. Depo•Court Reporting Service (630) 983 -0030 25 1 The property to the south, as explained by the 2 petitioner, although it's not developed, is zoned 3 B -2. There was an annexation agreement approved 4 by the City a couple years back, reviewed by the 07:48PM 5 Plan Commission. 6 As you recall, that property was 7 zoned B -2, but the annexation agreement did have 8 zoning limitations on the B -2; primarily the uses 9 permitted on that property are office, but it does 07:48PM 10 allow for some B -1 and B -2 uses, retail -type 11 convenience uses, but predominantly the plan that 12 was approved and that's attached to that 13 annexation agreement calls for office uses and 14 office building uses. Two -story building was the 07:48PM 15 anchor, with a mix of office and retail uses. 16 The connecting street through that 17 property -- so connecting this subject property to 18 126 -- was articulated in the development 19 agreement with this property owner requiring that 07:48PM 20 that roadway be constructed prior to units being 21 constructed in Kendallwood Estates, so there was 22 not an annexation agreement, but there is a 23 development agreement that requires the 24 construction of that roadway, and this PUD zoning, Depo•Court Reporting Service (630) 983 -0030 26 1 future PUD agreement, has not been requested by 2 the petitioner and not recommended by Staff to be 3 amended, so that document would remain and that 4 requirement would stand. 07:49PM 5 A couple of points -- I'm not going 6 to go through each item of the Staff report -- 7 answer any questions if there are any, I wanted to 8 respond to a couple of things that was given in 9 the testimony by the petitioner. 07:49PM 10 One of the Staff recommendations is 11 the conservation easement be established for the 12 green space areas. The western part of this 13 property is heavily wooded; the current approved 14 subdivision plat called for preserving that area, 07:49PM 15 there is a steep terrain on that side of the 16 property and still several trees, wooded area, on 17 that property. 18 The concern of Staff, as we've 19 learned in other developments in town, those types 07:50PM 20 of attributes in a development of this size are 21 difficult, I didn't explain this well in the Staff 22 report when I stated the concern, was to remain in 23 perpetuity. 24 It's not just to remain in Depo•Court Reporting Service (630) 983 -0030 i i 27 1 perpetuity, but the concern is also of maintenance 2 of those kind of attributes. A homeowner's 3 association fee of 120 a unit may be difficult, 4 they may not have the expertise to be able to 07:SOPM 5 maintain a wooded area the way it needs to be 6 maintained, so the recommendation for a I I 7 third -party to either hold title to that area or 8 at least have a -- and the covenant to the 9 subdivision be required to be a partner with the 07:50PM 10 homeowner's association is what the Staff's 11 recommendation is and the purpose behind that 12 Staff recommendation is. 13 The second part of that Staff 14 recommendation is to reduce Lots 11-through 16 in 07:51PM 15 size to allow for a connection between Lots 57 and 16 59. 57 and 59 are stormwater detention areas, but 17 primarily where the wooded area is, the strip 18 between that, it's Staff's recommendation that the 19 lots be decreased so that there is one continuous 07:51PM 20 lot, makes it easier for a third -party to accept 21 the increase in size of that, maybe make it more 22 attractive to the conservation district to want to 23 maintain that, and furthermore, an easement is a 24 mechanism that could protect a wooded area, but Depo•Court Reporting Service (630) 983 -0030 28 1 the lot owner would still control that, so it 2 makes it more difficult for a lot owner if he 3 wants to go back and cut trees down. 4 I don't expect that to happen; 07:51PM 5 persons purchasing those lots would want to retain 6 those trees, but by reducing the lot sizes, S 7 keeping that in the homeowner's association or 8 third -party engaged takes that concern completely I 9 away. 07:52PM 10 Design guidelines, the points that I 11 wanted to make there, there was discussion of the 12 premium siding. The information that was 13 submitted by the petitioner on the premium siding, 14 there is simply stated all exterior-surfaces, so 07:52PM 15 it's Staff's recommendation that the premium 16 siding be applied to all exterior surfaces within 17 this development. I 18 50 percent premium siding on front 19 facade is what the current appearance code 07:52PM 20 requirement is, so that would be above and beyond 21 what the City code is, require premium siding on 22 all facades. Doesn't have to be masonry, could be 23 Hardie board, could be cedar siding, but it does 24 allow for premium siding, and Staff's I Depo•Court Reporting Service (630) 983 -0030 I 29 1 recommendation is all exterior surfaces of all 2 units in the subdivision be required to have that 3 premium siding. That is above and beyond what the 4 appearance code requires. 07:53PM 5 The recommendations, the last part 6 of the Staff report, the additional architectural 7 recommendations, I just want to make clear that 8 the Staff recommendation is that all units in this I 9 PUD include these items. I 07:53PM 10 The information that was submitted 11 by the petitioner and the testimony tonight is 12 that it's being promoted, being encouraged within 13 the units, so when people buy units within the 14 subdivision, they are encouraged to 07:53PM 15 geothermal heating, they are encouraged to have 16 certain plumbing fixtures. 17 The Staff's recommendation would be 18 that all units be required in this PUD to include 19 those items. 07:53PM 20 Lastly, ComEd trail recommendation, I 21 the Staff recommendation is that as part of a PUD 22 agreement that the petitioner agree to construct 23 the trail along the front edge of the property, I 24 that being the western edge of the property. Depo•Court Reporting Service (630) 983 -0030 30 1 ComEd has property and utilities 2 that run north of Van Emmon and South of 126, 3 actually all the way down to 47. The City has 4 prepared preliminary engineering for a multi -use 07:54PM 5 trail along that property. 6 In fact, the lease agreement has i 7 been drafted and is in front of City Council next 8 month for final approval allowing the City access 9 to the property and allowing the City to construct 07:54PM 10 a trail on that property. 11 'The City has applied for a grant, 12 couple of grant applications, to help with the 13 funding and there is some matching requirements 14 there. 07:54PM 15 Total from downtown north of Van 16 Emmon all the way to Windett Ridge subdivision is 17 a little over two miles in length, and the total 18 cost of that trail is roughly 2.8 million dollars 19 remaining engineering that's left and the 07:55PM 20 materials to construct -- the construction of that 21 facility. I 22 Just yesterday Staff's 23 recommendation was as a requirement of this PUD ' I 24 petitioner construct a portion of the trail that's Depo•Court Reporting Service (630) 983 -0030 I 31 1 adjacent to this development, which is plus or 2 minus 3200 feet, not listed on here, I am going 3 from memory, but a pretty sizable length. 4 We have asked the engineers to -- I 07:55PM 5 have asked the engineers to break down an itemized 6 cost estimate to determine what that segment would 7 be. We just received that information yesterday 8 and it was a follow -up of this Staff report. That 9 cost estimate for that segment is in excess of a 07:55PM 10 million dollars; it's 1.2 million. 11 We have scheduled a meeting with the 12 petitioner to talk about what participation is 13 appropriate, so our recommendation to the Plan 14 Commission tonight would be to -- I -would ask to 07:55PM 15 have that adjusted to state that the petitioner be 16 required to participate in the construction, but 17 don't leave -- Staff wouldn't recommend -- I 18 wouldn't recommend the requirement of two million 19 dollars. It wouldn't be consistent with other 07:56PM 20 trail requirements that the City has required and 21 certainly is in excess of a reasonable amount; 22 however, some participation towards that amount I 23 do believe is reasonable. That discussion has yet 24 to be had, but it's still an item that Staff would Depo•Court Reporting Service (630) 983 -0030 I 32 1 recommend negotiating in the PUD agreement, so I 2 just wanted to make sure that that was clear when 3 you consider the Staff recommendation. 4 I think that's all of my notes. I 07:56PM 5 can answer any questions. Thank you. 6 CHAIRMAN LUCIETTO: Okay. I have a note 7 that was written that I want to enter into the 8 public record. It was written by Susan Lambke for 9 both she and her husband, Gregory. They live at 07:57PM 10 339 East Van Emmon Street. She writes, "Opposed 11 on doubling the population for that area. That I 12 was for single dwellings. Also you have to fix 13 the problems that are there already. Thank you." 14 So I will give it to one of you guys to enter that i 07:57PM 15 into the record. 16 Do we have any questions, comments 17 or suggestions from the public from those of you 18 that were sworn in? Could you come up here, 19 please, and say your name and where you live? 07:57PM 20 MR. ENGELHARDT: Mike Engelhardt, 15 21 Crooked Creek Drive. I am over here. What is 22 this here? Who owns that property there? 23 MR. MILLER: I can try to address that, 24 although I don't know the current owner. Depo•Court Reporting Service (630) 983 -0030 33 1 MR. PHILIPCHUCK: It was the Shepherd 2 Group, I think it still is. 3 MR. ENGELHARDT: Is this the water line 4 here? 07:58PM 5 MR. MILLER: The water -- I 6 MR. ENGELHARDT: The water main? 7 MR. MILLER: That I don't know. Pete, 8 can you -- 9 MR. ENGELHARDT: Do I have my bearings 07:58PM 10 right? 11 MR. HUINKER: Where it crosses. 12 CHAIRMAN LUCIETTO: Can you guys speak 13 up? The court reporter cannot hear you. 14 MR. ENGELHARDT: Okay. I'm just 07:58PM 15 wondering who -- this is not part of this? 16 MR. HUINKER: It's a different owner. 17 MR. ENGELHARDT: Different owner. And 18 this road here, is this a proposed road? 19 MR. HUINKER: This section right here, 07:58PM 20 no. No. This is basically a cul -de -sac. 21 MR. ENGELHARDT: Oh, I see. I see. 22 Okay. That is my question. And are these going 23 to be -- are these condos, do I understand that 24 right? Not apartments, they are condos? Depo•Court Reporting Service (630) 983 -0030 34 1 MR. PHILIPCHUCK: Correct. The 2 ownership, yes. 3 MR. ENGELHARDT: That's what I wanted to 4 know. Thanks. 07:59PM 5 CHAIRMAN LUCIETTO: Is there anyone 6 else? Please come up. i 7 MR. PRUTCH: My name is Andrew Prutch 8 and I happen to live right here. 9 CHAIRMAN LUCIETTO: And what's your 07:59PM 10 address? 11 MR. PRUTCH: 316 Illini Drive. And I 12 back up to this area right here and I oppose this 13 bike track back here because I don't want the 14 added traffic going behind my property. 07:59PM 15 Another thing is when they built 16 this retention pond here, the way they have this 17 all graded, when it rains a lot in the springtime 18 and in the fall, all this water comes rushing down 19 this hill and runs through the back of my property 07:59PM 20 because of the creek that runs through back here. ' I 21 Now, another thing we are concerned 22 about is having more units back here. Are these 23 people going to own these units or are they going 24 to buy them and rent them out and then there is Depo•Court Reporting Service (630) 983 -0030 35 I 1 going to be renters back there and all the 2 increased traffic. 3 I just -- I think it should all be 4 left single- family houses because of the decreased 08:OOPM 5 property values of the houses around it, and I'm 6 just afraid that once they put this trail in here, 7 there's going to be so much traffic with kids 8 running back here in the woods and stuff that it's 9 just going to be a nightmare. That's my opinion. 08:OOPM 10 CHAIRMAN LUCIETTO: Is there anyone 11 else? 12 MS. STAIE: Hi, I'm Lori Staie. I live 13 at 311 Illini Drive, actually live right across 14 the street from Andy. I have a couple questions. 08:01PM 15 One thing is the density for the new 16 plan has the -- has it higher than what the 17 Comprehensive Plan calls for. I was just 18 wondering why do we have a Comprehensive Plan if 19 we don't follow by, you know, what the plan is. 08:01PM 20 Another question that I have -- or 21 actually the first thing that comes to mind when 22 you say multi - family home is the fact that the 23 renters will dominate the population, the 24 transient population is already extremely high in Depo•Court Reporting Service (630) 983 -0030 36 1 the surrounding area. 2 The block behind us is Walter Street 3 and they have -- it's a mixture of homes and 4 duplexes. On that street, 46 percent of the 08:01PM 5 people that own there are -- are granted a 6 homestead exemption, and this is by the County's 7 records. Across the street at Colonial Parkway, 8 which is all duplex or townhomes, they are at 9 43 percent. 08:02PM 10 I'm thinking putting more 11 multi - family homes in this area is probably not a 12 good idea, you know. Is there any kind of way we 13 could put covenants in there that says only a 14 certain number of these can be rented? Is there 08:02PM 15 something that can be done along that way? 16 And when John -- John made a comment 17 that this was going to be empty nesters or he 18 was -- or they were targeting empty nesters, well, 19 if you are looking for a senior population, you 08:02PM 20 wouldn't go for a two -story home, you'd go more 21 for maybe single -story ranches. That might be a 22 little bit more acceptable. I don't -- I don't 23 see doing two -story homes as a great idea. 24 And the geothermal requirements, who Depo•Court Reporting Service (630) 983 -0030 37 1 is going to maintain that? Will that be part of 2 the building permit? Is that -- you know, are 3 these companies that came up and spoke, are they 4 going to be the only ones that are going to be 08:03PM 5 required to do the work on these homes? 6 And did the -- another question I 7 had is the R -2, the original development, did they 8 have those geothermal requirements when it was 9 originally submitted? Those are what I've got. 08:03PM 10 CHAIRMAN LUCIETTO: Do you want to say 11 anything to her? 12 MR. PHILIPCHUCK: I can respond at the 13 end if you would like. 14 CHAIRMAN LUCIETTO: Well, we've got 08:03PM 15 quite a list of questions so far, so why don't you 16 go ahead and answer? 17 MR. PHILIPCHUCK: Okay. I guess because 18 I can remember what Lori just said, I will start 19 with her and work my way back, but we are not 08:04PM 20 requiring everyone to have geothermal. We are 21 proposing it to them. We are hoping that some 22 will take advantage of it. 23 It's a $45,000 option. Let's not 24 kid ourselves, there is some payback, but it's not Depo•Court Reporting Service (630) 983 -0030 I 38 1 cheap to put in upfront. We didn't have it as 2 part of that original development because I think 3 they were about $65,000 a couple years ago. The 4 prices are coming down, but they are -- they are 08:04PM 5 expensive, so on the geothermal, that's a 6 recommended. We are going to suggest that buyers 7 look at that, but that will not be a requirement. 8 So I just wanted to make that clear. 9 As far as the rental situation, we 08:04PM 10 can offer a single level home and we can do an 11 attached product, and you are right, some empty I 12 nesters, depending on age, prefer to have one 13 level and some, as long as they are mobile, prefer 14 two - story. 08:05PM 15 The reason we showed you the ti 16 two -story product is because that's what we would 17 anticipate selling in there, but based on today's 18 numbers, based upon what we have put into the 19 testimony, is what these units contain and price 08:05PM 20 range and that'll dictate it's not going to be a 21 feasible rental project. It's just the way you 22 finance it and having this -- I mean, typically if 23 you are going to do design for rental you want to 24 try to minimize what your exterior treatments are Depo•Court Reporting Service (630) 983 -0030 39 1 going to be. 2 You don't want 30 -year architectural 3 shingles, that's for sure, you want the three tab. 4 You try to reduce, reduce costs so you can get 08:05PM 5 your numbers to work out in the market because 6 obviously you are trying to meet your mortgage 7 payment and you are trying to make a profit or, of 8 course, hope that values increase. I 9 So for those reasons we do not see 08:06PM 10 this as a rental market much in the way that some 11 of the older product that was built in the City 12 either was from day one or evolved into it, so 13 that's the way we see it. We certainly are not 14 encouraging it. 08:06PM 15 This has come up in other hearings 16 we have done in other communities. We hate to 17 alienate property. I typically don't recommend 18 it. There are situations sometimes that come up 19 where a family can get transferred from their job i 08:06PM 20 to another part of the country, but the intent is 21 it's a one, two -year deal, they want to come back, 22 they want to live in the house again, they do rent 23 it for a short period of time. If you take that 24 option away from them -- I don't know how many 1= Depo•Court Reporting Service (630) 983 -0030 40 1 people in this room, you know, would want to have 2 that kind of restriction on their home, that they 3 could never rent it, but it's not something that's 4 real popular in the marketplace. r ' 08:07PM 5 So we would ask that that would not 6 be a requirement in this particular development 7 either. 8 The Comp Plan is a guide as you 9 know. It's not etched in stone, it's just a plan 08:07PM 10 out there for how a community evolves and 11 develops. 12 It's hard to keep up and keep them 13 current -- Travis will tell you that -- because 14 it's ever changing and evolving. As soon as a 08:07PM 15 decision is made by the council, it can oftentimes '1 16 affect the Comp Plan and it becomes outdated and I 17 another land use decision is made, such as 18 happened here, where the Comp Plan on that 12 19 acres south of us showed it as residential, but 08:07PM 20 what did it come into the City as? B -2 with 21 office uses and retail convenience uses. So 22 that's an example. 23 I think the bike path has been in 1 24 the City's plans for a number of years. I can Depo•Court Reporting Service (630) 983 -0030 41 1 appreciate your concerns about inviting the public 2 into what's been a private space, that is the 3 typical concern. 4 Somehow communities have to figure 08:08PM 5 out how do we balance the public's need to be in 6 and moved through the community versus the private 7 land owners that have property that is adjacent. 8 That's always a difficult thing to 9 work out, I can appreciate your concerns about 08:08PM 10 that, but that really -- we're providing a 11 connection from our subdivision to that path so 12 that residents, if they are using the path, can 13 get in and out and have direct access onto the 14 path. 08:08PM 15 It's our responsibility, other than ' I 16 the fact that we're going to meet with Staff and 17 talk about financial contributions -- for 18 instance, this developer, Woodstone, in their 19 annexation agreement made a commitment to $25,000 08:09PM 20 applied to the construction of the trail, so 21 because it was a residential development, there 22 probably was no park donation requirements, so our 23 particular subdivision, you know, we already have I 24 a $350,000 commitment to the park department, so I � II Depo•Court Reporting Service (630) 983 -0030 42 1 that obviously could be applied to construction of 2 the trail. 3 I think the other letter that you 4 received from Susan Lambke, perhaps she 08:09PM 5 misunderstood what was -- she probably heard that 6 there was some attached two -unit product and maybe 7 she thought that that was the entire subdivision I 8 and it was doubling, but as we know, that's not i 9 the case. 08:09PM 10 We still have 45 single- family 11 detached homes closer to the Van Emmon side of the 12 development and it's only at that southern end 13 where we are primarily adjacent to open space and 14 commercial that we are looking at the attached 08:IOPM 15 product. 16 I hope that addressed some of the Ci i I 17 questions. I think I had maybe one comment 18 regarding Staff. Looking at that connection back i 19 there, we will look at that to see how that could 08:IoPM 20 be facilitated, if there is a way to make a 21 connection there for the protection. 22 As I understand it's basically you 23 are looking at ways to protect the trees and, 24 again, language in these easements and things can �I I Depo•Court Reporting Service (630) 983 -0030 43 1 be directed as to how the trees can be maintained 2 and recommended maintenance and certainly the 3 homeowner's associations typically do also connect 4 with the City Staff and look for guidance and 08:lOPM 5 assistance. I know we've done it in our 6 subdivision on some of the common areas as issues 7 that come up. 8 So I think there is expertise out 9 there to the homeowner's association, and based on 08:11PM 10 how you draft the language, I think it can work 11 very well. 12 We haven't found it to be a problem 13 in White Oak Estates, which there are wide open 14 spaces, we are maintaining them without being a 08:11PM 15 partner with some other outside land conservation 16 group. 17 So we think that this will be a 18 similar quality here and it will also -- also 19 work. So those are our answers to the responses. 08:11PM 20 CHAIRMAN LUCIETTO: Do we have any other 21 questions or comments? 22 MR. McCURDY: My name is Mike McCurdy. 23 I live on the west side. Is it possible to 24 address -- I don't know, I actually have some Depo•Court Reporting Service (630) 983 -0030 i 44 1 questions. Is it just possible to direct 2 questions to him and have him answer? 3 CHAIRMAN LUCIETTO: Go for it. Come on 4 up. Do me a favor, though. You didn't state what 08:11PM 5 your actual address is and we would like to have 6 that in the record. 7 MR. McCURDY: It's actually a lot. I 8 don't know that it has an address. It would 9 probably be 322 East Washington Street. 08:12PM 10 CHAIRMAN LUCIETTO: Okay. That's fine. 11 MR. McCURDY: It's at the end of 12 Washington Street. It backs also -- so the back 13 of my property is what they're talking about, the i , 14 bike trail there. I back up to it just like the 08:12PM 15 other gentleman does, just down a couple streets. 16 But instead of a comment, I have some questions. 17 CHAIRMAN LUCIETTO: That's fine. 18 MR. McCURDY: You spoke about a couple 19 of things, first about that geothermal. Travis 08:12PM 20 was -- is that your name? 21 MR. MILLER: Sure. 22 MR. McCURDY: You said you would like to 23 see it mandatory and they are saying they would 24 like to have it optional. Is that something you Depo•Court Reporting Service (630) 983 -0030 45 1 are trying to work out or -- 2 MR. MILLER: The Staff's recommendation 3 is, you know, these items -- back up. A PUD -- in 4 order for a petitioner to justify a PUD or what's 08:13PM 5 expected of a petitioner as written in the PUD 6 ordinance, in order to be considered a PUD or be 7 approved as a PUD, it's expected that the 8 petitioner go above and beyond, whether or not it 9 be an architectural standard or green space 08:13PM 10 standard. 11 So one of the things that's proposed 12 in the application is that the units being 13 constructed in this subdivision be required to 14 have certain environmental components to them. 08:13PM 15 One of those items was geothermal, there is a long 16 list of items that they are proposing to include 17 in the residential units, and the Staff comment 18 was not to make that optional, that this is a PUD, 19 Staff's recommendation from Plan Commission is to 08:13PM 20 require all of those items for all of the units 21 within the PUD. 22 So to answer your question, yes, 23 Staff is recommending that that item, geothermal, 24 be required for all of the units. Depo•Court Reporting Service (630) 983 -0030 46 1 MR. McCURDY: You said it would cost 2 45,000 per unit, so you think it should be an 3 option that each individual owner gets to 4 decide -- 08:14PM 5 MR. PHILIPCHUCK: We're going to 6 encourage it, we're going to point out the 7 benefits to it. Obviously some people may have 8 that in their budget and they may be very green 9 thinkers and they may say, you know, that's a 08:14PM 10 great idea. We will show them how the technology 11 works, explain it to them, urge them to do it, 12 because, as we stated earlier on, we want to try 13 to have a green community, but unfortunately at 14 that price it's going to take it out of some 08:14PM 15 people's price range, so that's why we didn't want 16 to make it mandatory, but we do want to suggest 17 it, so if we can convince some of the home buyers 18 to put that into their plan, that's what we would 19 like. 08:14PM 20 MR. McCURDY: Maybe I'm off base here, 21 I'm not sure, but I know, because I am in 22 construction, it's very depressed, I hate to use 23 that word, but it's very depressed right now. 24 Is part of your reason you are doing Depo•Court Reporting Service (630) 983 -0030 i 47 1 this is to help yourself, you know, be able to 2 sell? 3 MR. PHILIPCHUCK: Absolutely. 4 Absolutely. 08:15PM 5 MR. McCURDY: So the 45,000 kind of 6 counteracts what you're trying to do. 7 MR. PHILIPCHUCK: We are at a little I 8 different higher end market here obviously. This 9 is not a production home, this is all custom -type 08:15PM 10 homes in this subdivision, so it is a different 11 market, but the pockets aren't forever, so, you i 12 know, what they can afford is what they will look 13 at, and they may say yes, I like it, but others 14 may say I'll have to opt out of that, I like all 08:15PM 15 those other features, we're going to design those 16 in -- I think I mentioned those things that are 17 going to be mandatory, but the geothermal is not 18 mandatory. 19 MR. PRUTCH: There is not going to be a 08:15PM 20 300 foot hole in the ground when you build a 21 house, come on. That's -- I don't believe that. 22 MR. PHILIPCHUCK: Do you want to explain 23 the numbers? Do you want to make a comment? 24 MR. GREEN: The additional cost for the Depo•Court Reporting Service (630) 983 -0030 48 1 geothermal, basically it is -- the intent is you 2 are paying upfront to save over the long -term, so 3 if you pay additional and you can cut your 4 utilities in half or more, then you are getting 08:16PM 5 paid back each month, so over the life of the 6 system you are actually going to make more than 7 the additional cost of the system, so it's 8 basically an upfront cost to save energy over the 9 long -term, and that's basically why -- it is a 08:16PM 10 more expensive system to install, but it has a 11 payback over -- you know, over the lifetime of the 12 system. 13 CHAIRMAN LUCIETTO: Okay. Are there any 14 other questions? Oh, did you have more? Oh, 15 okay. 16 MR. McCURDY: About the trail. 17 That's -- I guess both to Travis. This is 18 something that's you're pretty sure it's going to 19 go through, that trail? I mean, I've heard about 08:16PM 20 it for a long time, but you are pretty sure it's 21 going to go through? 22 MR. MILLER: Pretty sure until something 23 is constructed. You never know, but it's certain 24 to the point that the City has invested Depo•Court Reporting Service (630) 983 -0030 I i 49 1 engineering expenses toward that and have applied 2 for grant dollars to construct it. One of the 3 grants we are hoping to hear as early as November i 4 to fund a good portion of the trail. 08:17PM 5 As I mentioned earlier, the City has 6 worked over almost two years now with a lease � i 7 agreement with ComEd, Commonwealth Edison, to 8 allow use of -- long -term use of the property to 9 construct the trail and to maintain the trail 08:17PM 10 across it. I 11 It's seen in the Comprehensive Plan 12 and in the Transportation Plan still in draft form 13 as a critical link to large populations. Whenever 14 the subdivision, Raintree subdivisions, Country 08:17PM 15 Hills, we have over 2,000 residential units that 16 are platted in that part of the city through this 17 trail would be able to have access downtown to a 18 pedestrian trail, so it's a -- in the draft and 19 greater transportation plan, this is one of the 08:18PM 20 top priorities in terms of trails city -wide to be 21 constructed, so I believe it's likely given all of 22 those factors. 23 MR. McCURDY: Is this another factor 24 that you are -- because it seemed like you were a Depo•Court Reporting Service (630) 983 -0030 i I I 50 I 1 little -- the numbers, I don't know, I didn't 2 understand exactly because they talk about a 3 million and three million. 4 I would think that that would have a 08:18PM 5 big bearing on you, too, wouldn't it, I mean, I 6 would think at some point it's not going to be 7 worth it for you to do it because a certain amount 8 of money -- 9 MR. PHILIPCHUCK: That's why we have to 08:18PM 10 sit down -- you are absolutely right, we have to 11 sit down with Staff and City Council about what's 12 a fair donation towards the construction of the 13 trail based on the number of units that we have in �I 14 the subdivision. 08:18PM 15 MR. McCURDY: So that's a sticking point 16 right now. 17 MR. PHILIPCHUCK: Well, we obviously 18 cannot afford to do a million for that trail. We 19 can't do that. 08:19PM 20 MR. PRUTCH: Has anybody been down there 21 to look at the grade for that? Because up to my 22 property, up to this -- this is a big retention C 23 pond right here, so from this retention pond, here I 24 is my house here. 1 Depo•Court Reporting Service (630) 983 -0030 51 1 From here all the way down to where 2 my land is is like at a really steep slope, so 3 that means they are going to have to go back in 4 there and regrade all that out, make it flat, have 08:19PM 5 to put what, five bridges across, where the creek 6 goes across here like five times, so when you guys 7 cut into this hill, you're going to weaken that 8 retention pond. 9 MR. HUINKER: The creek is actually 08:19PM 10 here. 11 MR. PRUTCH: It comes here. It bends 12 around and cuts in around here. 13 MR. HUINKER: What we're proposing is 14 just to connect -- it would end at this property 08:19PM 15 line. What the City is proposing is this regional 16 trail, that would be constructed within -- 17 MR. PRUTCH: Right, but from the top of 18 here down to where my property is -- 19 MR. PHILIPCHUCK: We're not going to do 08:20PM 20 anything here. Our path -- 21 MR. PRUTCH: Well, my property is right 22 here. 23 MR. HUINKER: Yes. Well, we are 24 proposing to have it rise right along here. It Depo•Court Reporting Service (630) 983 -0030 52 1 would intersect the trail. 2 MR. PRUTCH: And then where would it go, 3 from here, up here? I 4 MR. HUINKER: The Com Ed trail 08:20PM 5 essentially goes north /south. 6 MR. PRUTCH: Right, but this whole hill 7 right here is at such a steep slant -- 8 MR. PHILIPCHUCK: That's not the ComEd 9 property. I 08:20PM 10 MR. HUINKER: This is separate from the 11 ComEd property. 12 MR. PHILIPCHUCK: The ComEd property is 13 low ground at the bottom. 14 MR. HUINKER: Is directly of this 08:20PM 15 property. It's not within this property. 16 MR. PRUTCH: So how are you going to get 17 between my property and this retention pond? 18 MR. PHILIPCHUCK: That's Commonwealth 19 Edison's property. 08:20PM 20 MR. PRUTCH: Where is that at compared 21 to my property? 22 MR. PHILIPCHUCK: Between the two. 23 MR. PRUTCH: Right, which is at a slant. 24 MR. PHILIPCHUCK: No, it's not at a Depo•Court Reporting Service (630) 983 -0030 53 1 slant. 2 MR. PRUTCH: Yeah, it is. If you want 3 to come over, I'll show you. The creek runs 4 through my back yard. 08:21PM 5 MR. PHILIPCHUCK: The creek is on the 6 low ground. 7 MR. PRUTCH: The creek runs through my i 8 yard. i 9 MR. PHILIPCHUCK: No, that's 08:21PM 10 Commonwealth Edison's property. 11 MR. HEATH: That's fairly level. I'm 12 Richard Heath, 48 -- 9488 Van Emmon. 13 CHAIRMAN LUCIETTO: Okay, thank you. i 14 MR. HEATH: That's an old i 08:21PM 15 right -of -way and it's fairly level. 16 MR. PRUTCH: I understand that, but when 17 they built this, they came in here and they sawed 18 all the trees down and then when they built the 19 subdivision, from my yard is flat, then it goes 08:21PM 20 like this, straight up, all the way to the top 21 here. 22 MR. HUINKER: That's your property and 23 that's ComEd. 24 MR. PRUTCH: I'd like to go down there. Depo•Court Reporting Service (630) 983 -0030 54 1 MR. PHILIPCHUCK: That's ComEd, that's 2 your property. 3 UNIDENTIFIED SPEAKER: How wide is it? 4 MR. McCURDY: 50 feet. ComEd is 08:22PM 5 probably 50 feet. 6 MR. MILLER: It varies depending on what 7 it is, but it's basically a 50 -foot wide strip of I 8 land. i 9 MR. HUINKER: If you take this western 08:22PM 10 line and you offset that about 50 feet, that's 11 basically -- 12 MR. PRUTCH: I know where it's going, I 13 can see where -- when they came in there and they 14 ran that sewer line, that's exactly it's 08:22PM 15 going to go, but after they put that sewer line in I 16 there, they went in there and regraded it all. 17 MR. HUINKER: Now, the design and 18 construction of that is actually Travis', the 19 design that's currently being done right now, 08:22PM 20 so -- 21 MR. MILLER: One of the reasons for the 22 high cost is dealing with a bridge to cross the 23 creek. 24 MR. PRUTCH: Yeah, because I get enough Depo•Court Reporting Service (630) 983 -0030 55 1 water back here now after they went in there and 2 they redid all this. Every time it rains in the 3 spring and the snow, it comes all barreling down 4 this hill, through James' land, through the other 08:22PM 5 part down there, so, I mean, I'd love to have you 6 guys go down there sometime and show me exactly 7 where it's going to be. You can't see it here. I 8 mean, I know exactly how the creek runs through i 9 there, I am down there every day. 08:23PM 10 MR. HUINKER: It crosses back there. 11 MR. PRUTCH: Oh, yeah, and you can't 12 redirect the creek. i 13 MR. HUINKER: And that will have to be 14 addressed in the engineering of ComEd, but that's 08:23PM 15 separate from this property, that's -- 16 MR. PRUTCH: And I understand that, 17 because I had them -- when they came in here and 18 they did this -- there were supposed to be two 19 houses on the original plans back here and then 08:23PM 20 they moved them over here because they found out 21 that this is all -- when they dug this here, they 22 could never get this dried out, there was always 23 water or a spring running underneath there, so 24 then they built the two lots to go through here Depo•Court Reporting Service (630) 983 -0030 56 1 and then they built -- 2 CHAIRMAN LUCIETTO: One conversation at 3 a time. Can I make a suggestion? Because you 4 definitely have a concern. They haven't gotten to 08:24PM 5 the point where they know what they're doing in 6 that area 100 percent yet. 7 If I were you, I would get ahold of 8 Travis' card and just contact him on a regular 9 basis so that you can follow what's going on and 08:24PM 10 then maybe they can invite you and actually 11 explain it to you. 12 MR. PRUTCH: That's fine. That's fine. 13 MR. MILLER: I'd be happy to. 14 CHAIRMAN LUCIETTO: Does that sound 15 okay? 16 MR. PRUTCH: Okay. I have no problem 17 with that. Thanks. 18 CHAIRMAN LUCIETTO: Is there anybody 19 else? Could you give us your name? 08:24PM 20 MR. RODRIGUEZ: Ruben Rodriguez, 318 21 East Washington Street. 22 CHAIRMAN LUCIETTO: Thank you. 23 MR. RODRIGUEZ: I back up into Mike's 24 property and, as a matter of fact, it was his Depo•Court Reporting Service (630) 983 -0030 57 1 house. 2 My concern is that -- and I have no 3 problem with the bike trail, I've seen that in 4 Wheaton, you know, had that long bike trail. 08:24PM 5 I have no problem with the 6 converting it from a B -2 to, you know, condo 7 living, if it's only in one area, that's fine. I 8 have no problem with that. 9 The thing is are we going to revisit 08:25PM 10 this or water down the zoning later on if the 11 market continues the way it's going? I don't want 12 this to continue into one housing issue after 13 another because they can't build, and I don't want 14 to convert it into another type of housing where I 08:25PM 15 it's rental at the end of the day, oh, we can't 16 sell now, we've got to rent. That ain't 17 happening. That will not happen. Okay? I'm -- 18 that's -- 19 The market is depressed, I 08:25PM 20 understand that, you know, everyone's housing is 21 at a low level, but we can't keep rezoning just 22 because you guys can't sell the property. 23 You made the investment, you made 24 the gamble, you bought the property, now you are Depo•Court Reporting Service (630) 983 -0030 58 1 in hock. Let's be realistic. You're coming up 2 here and selling us a bill of goods saying I'm 3 going to put all this good stuff in there, we're 4 going to put this geothermal stuff in there, and " 08:26PM 5 it's just a selling point because it really 6 doesn't exist. It doesn't exist. i 7 And you tell us to buy into it. 8 Forget it. I'm not buying it. I agree with all 9 the things that you want to do, but at the end of 08:26PM 10 the day, when you rezone, now are you going to 11 water it down again a year later, oh, we can't 12 sell it, oh, well, we've got to come at you again. 13 MR. PHILIPCHUCK: The property owner, 14 your point, always has the right to-ask, but the 08:26PM 15 municipality does not have to grant it. f 16 MR. RODRIGUEZ: Right. 17 MR. PHILIPCHUCK: Now, they can't be 18 unreasonable, arbitrary and capricious in their 19 decision, but I think history has shown a 08:26PM 20 reasonable first bite at the apple is one thing, 21 if you come back for more, it's usually pretty 22 difficult. I think the Plan Commission has 23 experienced that. Good point. 24 CHAIRMAN LUCIETTO: Is there anything Depo•Court Reporting Service (630) 983 -0030 59 1 else? i 2 MR. McCURDY: Can I comment then? 3 CHAIRMAN LUCIETTO: Oh, absolutely. 4 MR. McCURDY: I guess I'm going to 08:27PM 5 counterpoint Ruben because I am in construction, 6 so I mean, I don't think what they're doing is bad 7 myself. I don't see it as a problem. 8 I mean, they're not asking to put a 9 factory in, they are keeping it residential, 08:27PM 10 they're not really changing the scope of it, and 11 the quick question, people keep saying condos. Is 12 there like a four -unit condo building or is this 13 attached single- family houses like a duplex? 14 MR. PHILIPCHUCK: It's attached 08:27PM 15 single- family. 16 MR. McCURDY: So no condos. 17 MR. PHILIPCHUCK: No. Some people 18 envision condo. It's a type of ownership on this, 19 it's a multi -story building with a bunch of units 08:27PM 20 in it. 21 It's a common ownership where they 22 own the four walls and there is common ownership 23 of the areas around it, but it's in essence a 24 two -unit attached single- family project. Depo•Court Reporting Service (630) 983 -0030 60 1 MR. McCURDY: And you know, I know a lot 2 of people have no sympathy for people in that -- 3 you know, but I do, you know, I have to make a 4 living, too, and so do they, and they are 08:28PM 5 proposing something to keep their head above 6 water. I� 7 You make them like a villain like 8 they're trying to, you know, cheat everybody. I 9 just don't look at it like that. I look at it as 08:28PM 10 yeah, they probably are in trouble, a lot of 11 people are in trouble, a lot of people don't have 12 work, a lot of people need to make money. I don't js 13 think they're asking for anything that sounds I 14 ridiculous or unreasonable. I 08:28PM 15 I just want to go out because it 16 seems like nobody ever supports anybody in these 17 situations and I just want to say that I think I 18 this is a fine thing they're asking for, it I 19 doesn't sound horrible to me, and I don't think 08:28PM 20 you should try to get a million dollars out of 21 them out of the back part, they're not -- that's I '! 22 not part of the agreement now that they don't have 23 to do that, and I think a lot of people would 24 rather not see that trail go in, but that's Depo•Court Reporting Service (630) 983 -0030 61 1 another point that has nothing to do with them 2 really, but I'm just saying I think what they are 3 proposing is reasonable, it's not really going to 4 change anything other than hopefully maybe it will 08:29PM 5 make it easier for them to sell some of their 6 units, and the other way is start to see stuff 7 that's all boarded up or, in their case, land is 8 going, you know, back to nothing. Some people 9 like that. 08:29PM 10 But I just want to remind everybody 11 that everybody needs to make a living, and if you 12 don't own your own business, you are working for 13 somebody else who is running a company, that 14 you're -- 08:29PM 15 I mean, GM is going out of business, 16 everybody is having a hard time now, and I don't 17 think it's unreasonable for someone to come in and 18 ask for yes, we did this, but now things have 19 changed, and to keep our head above water, we need 08:29PM 20 to make a change. I don't think it's unreasonable 21 and that's my comment. 22 CHAIRMAN LUCIETTO: Okay. Do we have 23 any others? 24 (No response.) Depo•Court Reporting Service (630) 983 -0030 62 1 CHAIRMAN LUCIETTO: Hearing no other 2 comments -- 3 MR. LINDBLOM: I would move to close the 4 public hearing. 08:29PM 5 CHAIRMAN LUCIETTO: Do we have a second? 6 MR. HOLDIMAN: Second. Fj 7 CHAIRMAN LUCIETTO: All in favor say 8 aye. 9 (A chorus of ayes.) 08:30PM 10 CHAIRMAN LUCIETTO: Not in favor, nay. 11 (No response.) 12 (Which were all the 13 proceedings had in the 14 public hearing portion of 15 the meeting.) 16 --- 000 - -- 17 18 19 20 21 22 23 �I 24 Depo•Court Reporting Service (630) 983 -0030 I 63 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF LA SALLE ) 3 I, Christine M. Vitosh, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above - entitled cause and that the 7 foregoing Report of Proceedings, Pages 1 through 8 64, inclusive, is a true, correct, and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid. 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit, nor am I in any way related 14 to any of the parties to this suit,-nor am I in i 15 any way interested in the outcome thereof. 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only. I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction. 22 23 24 Depo•Court Reporting Service (630) 983 -0030 I 64 1 In testimony whereof, I have 2 hereunto set my hand this 12th day of August, i i 3 A.D. 2009. i 4 5 (? /� 6 Christine M. Vitosh, CSR 7 CSR No. 084 - 002883 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 I 65 $ 2 59 (z) - 27:16 additional I11] - 8:2 approved [s] - 9:16, 10:9, 10:14, almost [1] - 49:6 14:3, 24:2, 25:3, 6 16:6, 21:3, 21:5, aluminum (2] - 25:12, 26:13, $1,500 Ill- 2,00011] - 49:15 21:6, 29:6, 47:24, 14:7, 15:3 45:7 20:18 2.25 I1] - 7:20 48:3, 48:7 amended [1] - aquifer [1] - $25,000 (1) - 2.8 [1] - 30:18 64 [1] - 63:8 address [s] - 26:3 18:16 41:19 2011] - 23:24 32:23, 34:10, amenities [1] - arbitrary I1] - $300 (1) - 20:20 2007 [2] - 3:17, 7 43:24, 44:5, 44:8 13:18 58:18 $350,000 [2] - 4:9 addressed [2) - amount [s] - architect [1] - 9:21, 41:24 2009 (2] - 1:16, 7 ;00 [1] - 1:17 42:16, 55:14 11:2, 20:8, 31:21, 13:20 $37,00011] - 64:3 adequate (2] - 31:22, 50:7 architectural [7] 9:18 2009 -10 (2] - $ 21:4, 22:14 anchor [1] - - 9:2, 9:4, 13:18, $45,00011] - 3:3, 3:8 adjacent (3] - 25:15 15:7, 29:6, 39:2, 37:23 220011] - 15:19 31:1, 41:7, 42:13 Andrew I1] - 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52:13, high -end [z1- 57:14, 57:20 17:18 justify pi - 45:4 level [5] - 38:10, 53:6, 57:21 Huinker [z] - installation [1] - 38:13, 53:11, LUCIETTO 301- 7:9, 16:1 [ higher [21- 4:2, 4:7 14:10 K 53:15, 57:21 2:2, 2:5, 3:2, 3:5, 35:16, 47:8 HUNKER [n] - installed [1] - lieu [1] - 9:13 3:7, 23:13, 32:6, 4:6, 5:23, 11:16, 21:16 life [2] - 23:24, 33:12, 34:5, 34:9, highlights [1] - instance 1 keep [71- 13:2, 35:10, 37:10, 17:14 33:11, 33:16, [ ] - 48:5 40:12, 57:21, hill [4] - 34:19, 33:19, 51:9, 41:18 lifetime [1] - 37:14, 43:20, 51:13, 51:23, instead [1] - 59:1 60:5, 48:11 44:3, 44:10, 51:7, 52:6, 55:4 61:19 52:4, 52:10, 44:16 lighting [1] - 44:17, 48:13, Hills [1] - 49:15 keeping [4] - history 1] - 52:14, 53:22, insulation [6] - 14:2 53:13, 56:2, rY 58:19 54:9, 54:17, 14:5, 17:21, 11:1, 20:13, 28:7, likely [1] - 49:21 56:14, 56:18, 9 hock [11- 58:1 55:10, 55:13 17:22, 18 :4, 18 :6, 59: limitations [11- 56:22, 58:24, Kendall [1] - hold [1] - 27:7 husband [1] - 19:3 3:15 25:8 59:3, 61:22, 62:1, 32 intense [11- 7:2 LINDBLOM [z1- 62:5, 62:7, 62:10 HOLDIMAN [3] - intent [z] - Kendallwood 2:3, 62:3 2:4, 3:6, 62:6 HVAC [t] - 18:7 [21- 3:16, 25:21 Depo•Court Reporting Service (630) 983 -0030 i 70 M mechanism [11- move [1l - 62:3 59:19 northern [1] - ones [1l - 37:4 27:24 moved [31- 3:4, multi -use [1] - 5:3 open p9l - 3:3 meet 12] - 39:6, 41:6,55:20 30:4 note [11- 32:6 8:21, 9:9,11:3, main [31- 4:16, 41:16 MR [1131- 2:3, municipality (11 notes [21- 32:4, 11:7,11:9 11:10, 4:24, 33:6 MEETING [11- 2:4, 2:6, 3:4, 3:6, - 58:15 63:9 11:12, 11:17, maintain [5l - 1:7 3:9, 4:6, 5:22, nothing [21- 11:20,11:23, 22:8, 27:5, 27:23, meeting 1 5:23, 5:24, 11:16, N 61:1, 61:8 12:9,12:10, 37:1, 49:9 1:14,31:11, 11:18,17:17, November Ill- 12:16, 13:10 maintained 1 62:15 19:17,19:19, 49:3 22:17,22:18: 22:18, 27:6, 43:1 name [91- 3:, memory [11- 21:1, 23:17, 9 number (sl - 8:5, 42:13, 43:13 maintaining [1] - 31:3 32:20, 32:23, 4:7, 17:17, 19:19, 9.23, 24:16, opens [11- 6:15 mentioned [31- 32:19, 34:, 43:14 33:1, 33:3, 33:5, 7 36:14, 40:24, opinion [11- maintenance [5] 6:20, 47:16, 49:5 33:6, 33:7, 33:9, 43:22, 44:20, 50:13 35:9 - 13:4,13:7, might (2) - 33:14,33:16, 56:19 numbers [4] - oppose [11- 33:17, 33:19, 21:23, 27:1, 43:2 23:11, 36:21 Naperville 11l - 38:18, 39:5, 34:12 mandatory [4] - Mike [21- 32:20, 33:21, 34:1, 34:3, 3:11 47:23, 50:1 opposed [1]- 44:23, 46:16, 43.22 34:7, 34:11, natural 121- 16:21 47:17, 47:18 Mike's [11- 37:12, 37:17, 12:19 18:1 Q Opposed [11- manner (11- 56:23 43:22, 44:7, nature 121 - 32:10 11:6 miles [1] - 30:17 44:11, 44:18, 14:19,17:9 opt [1l - 47:14 market [s1- MILLER [11] - 44:21, 44:22, nay [1] - 62:10 Oak [1l - 43:13 option (3) - 39:5, 39:10, 47:8, 5:22, 23:17, 45:2, 46:1, 46:5, necessarily [1l - obvious 111 - 37:23, 39:24, 47:11, 57:11, 32:23, 33:5, 33:7, 46:20, 47:3, 47:5, 14:12 22:24 46:3 57:19 44:21, 45:2, 47:7, 47:19, necessity [11- obviously [81- optional 121 - marketplace [31 48:22, 54:6, 47:24, 48:16, 6:15 5:10, 7:5,17:4, 44:24, 45:18 - 6:15, 21:20, 54:21, 56:13 48:22, 49:23, need [41- 16:15, 39:6, 42:1, 46:7, order (21- 45:4, 40:4 Miller [11- 2:8 50:9, 50:15, 41:5, 60:12, 47:8, 50:17 45:6 Marlys 111 - 2:9 million (81- 50:17, 50:20, 61:19 occurred [11- ordinance [41 - masonry [41- 30:18, 31:10, 51:9, 51:11, needs [21- 27:5, 4:22 8:7, 24:10, 24:18, 14:23, 15:2, 15:4, 31:18, 50:3, 51:13, 51:17, 61:11 OF [41- 1:8, 45:6 28 50:18, 60:20 51:19, 51:21, negotiating [11 1:14, 63:1, 63:2 organization [1l mass - 4:21 51:23, 52:2, 52:4, 32:1 offer [21- 6:16, mass [ 1) mind [zl - 7:13, - 12:1 matching Ill - 35:21 52:6, 52:8, 52:10, neighborhood 38:10 original (91- 30:13 minimal (11- 52:14, 52:16, [21- 24:20, 24:24 offering [11- 4:11, 7:3,11:3, material (11- 1 q.g 52:18, 52:20, nester [11- 6:18 8:16 21:18, 22:16, 18:1 minimize (21- 52:22, 52:23, nesters (31- office [71- 3:10, 37:7, 38:2, 55:19, materials [31- 20:21, 38:24 52:24, 53:2, 53:5, 36:17, 36:18, 6:21, 25:9, 25:13, 63:17 17:7, 17:24, minimum [71- 53:7, 53:9, 53:11, 38:12 25:14, 25:15, originally [1l - 30:20 53:14, 53:16, never 131- 40:3, 40:21 14:22, 15:6, 37:9 math 111 - 24:14 15:16, 15:18, 53:22, 53:24, 48:23, 55:22 offset [11- 54:10 ourselves [1l - matter [31- 1:15, 15:21, 17:1, 54:1, 54:4, 54:6, new [z] - 9:15, oftentimes [1] - 37:24 12:24, 56:24 24:13 54:9, 54:12, 35:15 40:15 outcome [11- maximum [1] - minus [1l - 31:2 54:17, 54:21, next 131- 8:11, oil [11- 17:23 63:15 24:12 misunderstood 54:24, 55:10, 19:17, 30:7 old [1] - 53:14 outdated [1] - McCurdy [17] - [11- 42:5 55:11, 55:13, nice (31- 6:6, older (11- 39:11 40:16 43:22, 44:7, mix [1l - 25:15 55:16, 56:12, 10:24, 22:17 once [41- 18:17, outdoor [11- 44:11, 44 mixture (11 - 56:13, 56:16, nicer [21- 19:13 19:2, 22:12, 35:6 19:11 58:13, 44:22, 46:1, 36:3 56:20, nightmare [1] - one [221 - 11:22, outside [31- 46:20, 47:5, 58:16, 58:17, 35:9 15:19, 16:5, mobile (1l - 59:2, 59:4, 59:14, 12:13, 18:13, 48:16, 49:23, 38:13 nine [11- 11:17 16:11, 19:5, 43:15 59:16, 59:17, y 50:15, 54:4, 59:2, money [31 - nobod (1) - 26:10, 27:19, overall [1] - 9:22 59:4, 59:16, 60:1 10:11, 50:8, 60:1, 62:3, 62:6 60:16 32:14, 35:15, overlay [11- mean [101- 20:5, 60:12 MS [3] - 2:2, 2:5, noise 11] - 19:14 38:12, 39:12, 13:14 20:7, 38:22, 35:12 north 15] - 4:15, 39:21, 42:17, moneys [1l - multi [41- 30:4, own 1s1 11:8, 48:19, 50:5, 55:5, 9 5:4, 23:3, 30:2, 45:11, 45:15, 34:23, 36:5, month (zl - 30:8, 55:8, 59:6, 59:8, 35:22, 36:11, 30:15 49:2, 49:19, 59:19 59:22, 61:12 61:15 north /south 121 - 54:21, 56:2, 57:7, ' 48'5 multi-family owner (81- means (1) - 51:3 mortgage (1l - y [ z 1- 4:17, 52:5 57:12, 58:20 25:19, 28:1, 28:2, measures (1l - 35:22, 36:11 northeast [1l - one -story 111- 3 m otion [1l - 3:3 33:17, 46:33, , multi -story [1l - 5 15:19 32:24, 33: 14:18 m Depo•Court Reporting Service (630) 983 -0030 71 58:13 37:24, 48:11 29:22, 30:24, 19:18, 19:22, pretty [6) - 7:16, 8:3, 8:6, owners Ill - paying [l] - 48:2 31:12, 31:15, 29:16 13:12, 31:3, 10:12, 11:1, 41:7 payment [1l - 45:4, 45:5, 45:8 plus [ - 31:1 48:18, 48:20, 21:12, 22:8, 22:9, ownership [51- 39:7 PHILIPCHUCK pockets [1)- 48:22, 58:21 23:1, 23:21, 24:2, 12:8, 34:2, 59:18, PC [zl - 3:3, 3:7 [28] - 3:9, 5:24, 47:11 price [3] - 38:19, 24:5, 24:21, 59:21, 59:22 pedestrian [41- 11:18, 19:17, point till -9:10, 46:14, 46:15 24:23, 25:1, 25:6, owns [il - 32:22 9:4, 9:5, 16:5, 21:1, 33:1, 34:1, 21:2, 46:6, 48:24, prices [1] - 38:4 25:9, 25:17, 49:18 37:12, 37:17, 50:6, 50:15, 56:5, primarily [3] - 25:19, 26:13, P people [17] - 46:5, 47:3, 47:7, 58:5, 58:14, 25:8, 27:17, 26:16, 26:17, 10:22, 14:9, 47:22, 50:9, 58:23, 61:1 42:13 29:23, 29:24, 21:22, 29:13, 50:17, 51:19, pointed [3] - 6:1, priorities [t] - 30:1, 30:5, 30:9, p.m ill - 1:17 34:23, 36:5, 40:1, 52:8, 52:12, 13:9, 21:7 49:20 30:10, 32:22, packet [1] - 46:7, 59:11, 52:18, 52:22, points 121- 26:5, private [3] - 34:14, 34:19, 23:18 59:17, 60:2, 52:24, 53:5, 53:9, 28:10 12:7, 41:2, 41:6 35:5, 39:17, 41:7, packets ill - 60:11, 60:12, 54:1, 58:13, pollution [l] - problem [7] - 44:13, 49:8, 50:22, 51:14, 16:23 60:23, 61:8 58:17, 59:14, 19:14 7:14, 43:12, Pages [1] - 63:7 people's [1] - 59:17 pond [61 - 14:13, 56:16, 57:3, 57:5, 51:18, 51:21, paid [t] - 48:5 46:15 Philipchuck [l] - 34:16, 50:23, 57:8, 59:7 52:9, 52:11, parcel ill - 3:21 per[e] - 6:5, 8:6, 3:10 51:8, 52:17 problems Ill - 52:12, 52:15, park [e] - 9:12, 20:1, 20:4, 24:9, photos [l] - 17:5 pool [l] - 15:12 32:13 52:17, 52:19, 9:14, 9:15, 10:17, 24:11, 24:15, piece [21- 7:16, popular [i] - Proceedings [1] 52:21, 53 :10, 41:22, 41:24 46:2 10:24 40:4 - 63:7 53:22, 54:2, parking [21- 9:6, percent [13] - place [8] - 5:16, population [el - proceedings [z] 55:15, 56:24, 16:14 11:15, 11:16, 11:6, 13:1, 13:14, 10:7, 21:22, - 62:13, 63:5 57:22, 57:24, parks [11- 9:16 11:17, 14:23, 19:13, 21:3, 32:11, 35:23, PROCEEDING 58:13 Parkway [l] - 15:1, 19:6, 19:23, 23:23, 63:10 35:24, 36:19 S ill - 1:14 proposal [e] - 36:7 20:6, 20:17, placed [1] - 7:11 o ulations l] 8:4, 8:12, 9:15, p p [ process [i] - part [t9] - 8:22, 28:18, 36:4, 36:9, plan [7[ - 22:21, - 49:13 24:3 10:2,10:6. 11:4, 11:20, 12:8, 56:6 25:11, 35:16, portion [3] - product [25] - 18:7, 22:20 13:22, 21:8, performance [z] 35:19, 40:9, 30:24, 49:4, 6:2, 6:16, 8:15, proposed [9] - 21:24, 26:12, - 17:22,18:4 46:18, 49:19 62:14 8:19, 8:20, 10:3, 6:1, 8:17, 9:20, 27:13, 29:5, [i] - Plan [i9] - 3:16, 10:1, 10:15, perhaps pose [�] - 7:14 10:9, 14:21, 29:21, 33:15, 42 : 4 6:7, 7:4, 7:20, 14:21, 17:19, position [i] - 15:17, 15:20, 37:1, 38:2, 39 7:23, 23:19, 24:6, 33:18, 45:11 period [�] - 10:10 16:2, 16:3, 16:24, 46:24, 49:16, 39:23 24:19, 25:5, proposing [col - possible [zl - 17:21, 18:3, 55:5, 60:21, permanent [1] - 31:13, 35:17, 43:23, 44:1 21:21, 21:23, 7 :1, 13:23, 16:6, 60:22 21:16 35:18, 40:8, power Ili- 22:22, 22:23, 37:21, 45:16, participate Ill - permit [1] - 37:2 40:16, 40:18, 20:11 23:2, 38:11, 51:13, 51:15, 31:16 permitted [2] - 45:19, 49:11, practices [1] - 38:16, 39:11, 51:24, 60:5, 61:3 participation [z] 15:8, 25:9 49:12, 58:22 14:11 42:6, 42:15 protect [5] - - 31:12, 31:22 perpetuity [4] - PLAN [1] - 1:7 predominantly production [l] - 12:4,12:12, 22:9, particular [8l - 12:5, 12:11, plank [i] - 14:24 [1] - 25:11 47:9 27:24, 42:23 3:20, 7:12, 7:16, 26:23, 27:1 Planning [1] - prefer [31- products [3] - protected [1] - { 9:17, 10:23, persons l - 23:5 12:20 p Ili 12:17, 38:12, 14:6, 15:3, 16:2 17:10, 40:6, 28.5 plans [21 - 38:13 profit [t] - 39:7 protection Ill - 41:23 perspective 40:24, 55:19 42:21 ers active [zl - preliminary [�] - programming parties [2] - 22 :3, 23:15 plant [1] - 18:1 provide [2] - 63:13, 63:14 30:4 Ill- 14:2 10:11, 22:24 pertinent [i] - plant -based [1] - premium p] - project [3] - partner [2] - 7:24 18:1 provided [t] 27:9, 43:15 - 28:12, 28:13, 8:17, 38:21, Pete [�[ - 4:2, plat [5] - 3:18, 28:15, 28:18, 59:24 4:18 parts [1] - 17:6 4:3, 4:7, 6:1, 3:19, 4:9, 4:13, 28:21, 28:24, promote ill - providing [1] - party [4] - 12:13, 12:23, 13:13, 26:14 29:3 13:21 41:10 27:7, 27:20, 28:8 33:7 platted ill - prepared [1] - promoted [l] - path [5] - 40:23, peter [i ] - 11:15 49:16 30:4 29:12 34:7, 34:11, 41:11, 41:12, petition 121- 6:9, platting [1] - PRESENT [l] - proper [l] - 47:19, 50:20, 41:14, 51:20 23:6 2 4 :3 2:7 22:24 51:11, 51:17, pathway [t] - petitioner [141- Plumbing Ill - presentation 11l properties [1] - 51:21, 52:2, 52:6, 16:7 23:20, 24:10, 19:20 - 23:10 6:4 52:16, 52:20, pay [l] - 48:3 25:2, 26:2, 26:9, plumbing [5] - preserving [l] - property [6ol - 52:23, 53:2, 53:7, payback [21 - 28:13, 29:11, 14:13, 14:17, 26:14 6:13, 6:19, 6:23, 53:16, 53:24, Depo•Court Reporting Service (630) 983 -0030 72 54:12, 54:24, R 29:5, 29:7 17:23, 18:2 41:21, 45:17, 4:14 55:11,55:16, recommended rent [41 - 34:24, 49:15,59:9 Rodriguez[1]- 56:12, 56:16 [3] - 26:2, 38:6, 39:22, 40:3, residents [i] - 56:20 Prutch (1) - 34:7 R -2 [9] - 3:23, 43:2 57:16 41:12 RODRIGUEZ [3] public [10] - 6:3, 6:12, 7:21, recommending rental [5] - 38:9, Resource [1] - - 56:20, 56:23, 4:23, 5:16, 9:14, 8:13, 8:17, 23:8, [11 45:23 38:21, 38:23, 17:18 58:16 23:12, 23:15, 24:6, 37:7 recommends [1] 39:10, 57:15 respectfully (1] - roofing [1] - 32:8, 32:17, 41:1, R -3 [2] - 8:14, - 24:19 rented [1] - 23:5 14:6 62:4, 62:14 8:19 record [3] - 32:8, 36:14 respond [3] - roofs (1] - 15:7 public's [1] - railroad [1] - 32:15, 44:6 renters (2] - 23:11, 26:8, room [1] - 40:1 41:5 53:14 recorded [5] - 35:1, 35:23 37:12 root [2] - 16:22 PUD [22] - 6:12, rains [2] - 34:17, 3:19, 4:9, 4:13, Report 111 - 63:7 response [2] - roughly [1] - 8:22, 10:2, 11:19, 55:2 24:4 report (7] - 1:14, 61:24, 62:11 30:18 11:21, 12:9, 23:8, Raintree [1] - records [1] - 6:7, 23:17, 26:6, responses [1] - route [1] - 4:16 24:5, 25:24, 26:1, 49:14 36:7 26:22, 29:6, 31:8 43:19 Route [4] - 4:16, 29:9, 29 :18, ran [1] - 54:14 redesigned [1] - reported [1] - responsibility 5:20, 21:11, 29:21, 30:23, ranches [1] - 20:2 63:5 [2] - 41:15, 63:20 22:13 32:1, 45:3, 45:4, 36:21 redid [1] - 55:2 reporter [1] - restriction [1) - Ruben [2] - 45:5, 45:6, 45:7, range (4] - 9:21, redirect [1] - 33:13 40:2 56:20, 59:5 45:18, 45:21 24:17, 38:20, 55:12 Reporter [1] - restrictions (1] - rules [1] - 15:13 purchasing [1] - 46:15 reduce [5] - 63:4 15:10 run [1] - 30:2 28 :5 rapidly (1] - 19:8, 27:14, 39:4 reports [1] - result (2] - 7:7, running [3] - purpose [1] - 17:23 reducing [1] - 23:18 9:15 35:8, 55:23, 27:11 rather [1] - 60:24 28:6 representing [2) retail [3] - 25:10, 61:13 purposes pi - real [1] - 40:4 refer (1] - 23:19 - 3:14,19:20 25:15, 40:21 runs (5) - 34:19, 7:18 realistic (1] - regard [1] - reproduced [1] - retail -type [1] - 34:20, 53:3, 53:7, Put [18] - 6:22, 58:1 12:21 63:20 25:10 55:8 7:5, 8:5,12:18, really [9] - regarding [2] - request (3] - retain [1] - 28:5 rushing (1] - 15:11, 18:22, 13:12, 16:14, 3:15, 42:18 23:5, 23:21, 24:4 retention (5) - 34:18 18:24, 21:4, 35:6, 16:16, 41:10, regional [2] - requested (1] - 34:16, 50:22, 36:13, 38:1, 51:2, 58:5, 59:10, 16:10, 51:15 26:1 50:23, 51:8, S j 38:18, 46:18, 61:2, 61:3 regrade (1] - require (2] - 52:17 - - 51:5, 54:15, 58:3, reason [2] - 51:4 28:21, 45:20 reverse ti - j 58:4, 59:8 38:15, 46 regraded (1] - required [11] - 18:23 sac [1] - 33:20 putting [4] - reasonable [4] - 54:16 6:14, 15:12, reviewed [1] - sacs [1] - 4:17 6:12, 9:13, 11:24, 31:21, 31:23, regular [1] - 56:8 15:13, 27:9, 29:2, 25:4 safe [1] - 14:6 36:10 58:20, 61:3 regulated [1] - 29:18, 31:16, revisit [1] - 57:9 SALLE [1] - 63:2 reasons (5] - 15:14 31:20, 37:5, rezone [2] - sanitary [1] - (,� 6:13, 22:24, 23:4, regulations [1] - 45:13, 45:24 24:4, 58:10 4:23 39:9, 54:21 15:13 requirement [7] rezoned [1] - satellite [1] - recap [1] - 21:1 reimburse [1] - - 15:6, 26:4, 23:21 15:13 quality [1] - receive [1] - 20:19 28:20, 30:23, rezoning [3] - satisfies (1] - 43:18 9:16 13:11 - questioning [1] related [2] - 31:18, 38:7, 40:6 6:11, 23:7, 57:21 received [3] - 63:12, 63:13 requirements Richard [1] - save [5] - 19:22, - 23:16 16:23, 31:7, 42:4 relates [1] - 6:8 [9] - 11:11, 11:13, 53:12 20:6, 20:22, 48:2, questions [16] - recommend (5] remain [5] - 13:3, 15:24, Ridge [1] - 30:16 48:8 8:10, 19:15, _ 23:6, 31:17, 30:13, 31:20, saving pi - 20:24, 23:11, 12:7, 12:10, 26:3, ridiculous [1] - 31:18, 32:1, 36:24, 37:8, 20:11 23:12, 26:7, 32:5, 26:22, 26:24 60:14 39:17 remaining [2] - 41:22 right -of -way (2] 37:155, 42:17, 8:18, 30:19 requires sawed [1] - 32:1, 35:14, recommendati uires [3] - - 21 :9, 53:15 53:17 on [16] - 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