Plan Commission Minutes 2008 06-11-08 Page 1 of 5 I APPROVED 8/13/08
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UNITED CITY OF YORKVILLE
PLAN COMMISSION
YORKVILLE CITY COUNCIL CHAMBERS
Wednesday, June 11, 2008 7:00pm
Chairman Anne Lucietto called the meeting to order at 7:02pm.
Roll Call:
Sandra Adams Brian Schillinger
Jeff Baker Tom Lindblom
Michael Crouch Anne Lucietto
Absent: Charles Kraupner, Jack Jones, Clarence Holdiman
Other Citv Staff:
Travis Miller, Community Development Director
Stephanie Boettcher
Guests:
Bill Dunn, EEI Attorney Dan Kramer
Harold Oliver, HRM Attorney Gregg Ingemunson
Lynn Dubajic, YEDC Terry Maier, Cross Lutheran Church
Judith Vant Ray Skeen
Pat Skeen Nancy Danforth
Ken Griesmann Roxane Griesmann
Brent Wadsworth Jean Wadsworth
Arthur Crawford Kyle Price
Martha Price Sandra Henne
Verne Henne Rhonda Miller
Loren Miller Marion Bazan
Joanne Vitek Bob Clack
Paul Von Holten Art Prochaska
Audrey Orton Wade Joyner
Lynnette Neal, Depo Court Matt Schury, Kendall County Record
Jim Koziol, Engineer
Roll call was taken and a quorum was established.
Chairman Lucietto swore in those attendees who would speak during the Public
Hearings.
Page 2 of 5
Public Hearings:
1. PC 2008 -11 HRM Properties filed an application requesting an amendment
to the Planned United Development Agreement. The property consists of
6.14 acres, located at the northeast corner of Cannonball Trail and US Route
34.
A motion was made by Crouch and seconded by Adams to enter into Public Hearing.
Passed on a unanimous voice vote.
Attorney Dan Kramer was present on behalf of the petitioner.
(See court reporter's transcripts of Public Hearing)
A motion to close the Hearing was made and seconded by Lindblom and Schillinger
respectively. Unanimous voice vote.
Discussion:
This petition is requesting a possible gas station and drive- thru's, and a daycare is already
in the agreement. The location is the corner of Rt. 34 and Cannonball Trail.
Lindblom commented that this agreement had been in place for 20 years and wondered
why this project was proposed now. Kramer explained that in every annexation
agreement, 20 years is the maximum time and the zoning remains in effect.
The water detention was also discussed and it was noted that it was only half of the
needed amount, but the other half could be accomplished underground according to Bill
Dunn of EEI. An explanation was given on the mechanics of underground detention. It
was noted that the runoff would eventually flow to Blackberry Creek.
Several Board members said they would not support a gas station at this location. They
felt that Blackberry Creek needed to be protected from such runoffs. Crouch added the
nearby residents have already been subjected to many changes that they did not approve.
The Commissioners said they were OK with the drive - thru's and the daycare.
The five criteria were also reviewed in regards to the zoning.
Action Item:
Amendment to the Planned Unit Development
A motion was made by Lindblom and seconded by Crouch to recommend to the City
Council, that the amendments as presented be approved. A roll call vote was taken:
Adams -nay; Schillinger -nay; Baker -nay; Lindblom -nay; Crouch -nay; Lucietto -nay
The motion failed unanimously.
Page 3 of 5
2. PC 2008 -13 Cross Evangelical Lutheran Church filed an application
requesting annexation and zoning from Kendall County A -1 farm special use
PUD allowing for uses within R -1 and B -3. The real property consists of 25
acres located at 7481 Mill Road, Oswego.
Adams moved and Baker seconded to open the Public Hearing. Unanimous voice vote.
Wade Joyner, attorney represented the petitioner.
(See Court Reporter's transcript)
A motion to close the Hearing was made by Crouch and seconded by Lindblom.
Unanimous voice vote of approval.
Discussion:
Lucietto asked why the petitioner had asked for B -3 zoning. It is due to adjoining
property having the same zoning. The B -3 zoning was requested in the event the church
wished to sell to an adjacent developer. Schillinger and Crouch expressed concern about
this zoning. Several of the Commission members said they approved of the daycare
expansion plan for Loving Arms.
Miller presented a detailed staff report for this petition.
Action Items:
Annexation
Crouch moved and Baker seconded to approve the annexation request. A roll call vote
was taken:
Baker -aye; Lindblom -aye; Crouch -aye; Adams -aye; Schillinger -aye; Lucietto -aye.
Passed unanimously.
Zoning
A motion was made by Crouch and seconded by Lindblom to approve the A -1 special
farm use to R -1 PUD and B -3 Service Business District subject to staff comments.
Roll call vote:
Schillinger -nay; Baker -aye; Lindblom -aye; Crouch -aye; Adams -nay; Lucietto -aye.
Motion passed 4 -2.
New Business:
3. PC 2008 -12 Anthony and Nicole Zangler filed an application requesting a
preliminary plan and final plat for a 2 -lot subdivision. The property consists
of 5.7 acres and is located at 96 Quinsey Lane.
Attorney Gregg Ingemunson asked for a plat approval for this request. He said that one
lot would be buildable while the other is not.
Page 4of5
Miller presented the staff report and he noted that the property in question is not in the
City limits. Since the parcel is 5 acres, one of the requirements of YBSD is that it be
annexed and this would be cost - prohibitive for the owner. Miller said YBSD is OK if the
property is divided. He also discussed the extension of the sanitary system, water lines
and easements. He concluded by saying that staff recommends approval of the
preliminary and final plat subject to the inclusion of an easement for a sanitary sewer
extension. Ingemunson said his client feels he should be compensated for the reduced
easement.
Action Items:
Preliminary Plan
Lindblom made a motion to recommend approval to City Council of the preliminary plan.
Adams seconded the motion and roll call vote was taken:
Baker -aye; Lindblom -aye; Crouch -aye; Adams -aye; Schillinger -aye; Lucietto -aye.
Passed unanimously.
Final Plat
Lindblom and Crouch moved and seconded respectively to recommend approval of the
final plat subject to staff comments. Roll call vote:
Lindblom -aye; Crouch -aye; Adams -aye; Schillinger -aye; Baker -aye; Lucietto -aye.
Passed unanimously.
4. Jason Poppen, Tom Zanck, Bob Wegener, petitioners, have filed an
application requesting a preliminary plan and final plat for a 2 -lot
subdivision. The property consists of 2.88 acres, located at 651 Prairie Pointe
Drive, Yorkville.
Jason Poppen said he is seeking approval of a preliminary plan and final plat for a
proposed daycare facility on the site. There were some challenges with the parking lot
concerning ingress /egress since there are 2 lots involved. To reach lot 2, a driver must
cross lot 1. Crouch expressed concern for this saying it could set a precedent.
I
Lucietto asked the reason for this type of access and Poppen replied it is an ownership
issue and because it is an odd - shaped development.
Action Items:
Preliminary Plan
Crouch made a motion to approve the preliminary plan with a second by Lindblom. Roll
call vote:
Crouch -nay; Adams -aye; Schillinger -aye; Baker -aye; Lindblom -aye; Lucietto -aye
Motion passed 5 -1.
Final Plat
Schillinger moved and Crouch seconded to approve the final plat.
Roll call vote:
Crouch -nay; Adams -aye; Schillinger -aye; Baker -aye; Lindblom -aye; Lucietto -aye.
Motion passed 5 -l.
Page 5 of 5
5. PC 2008 -17 United City of Yorkville, petitioner, filed an application
requesting a preliminary plan and fmal plat. The property consists of 3.540
acres located at 185 Wolf Street, Yorkville.
Miller summarized the request and said the City is pursuing acquisition of this land for a
Public Works facility. It is located in the Fox Industrial Park.
There are currently 2 buildings on the property: a 6 -unit condo building and the other
building is where the City would house the operations. He said the staff recommends
approval.
Action Items:
Preliminary Plan
A motion was made by Crouch and seconded by Adams for preliminary plan approval.
Roll call vote: Adams -aye; Schillinger -aye; Baker -aye; Lindblom -aye; Crouch -aye;
Lucietto -aye.
Unanimous approval of motion.
i
Final Plat
It was moved by Schillinger and seconded by Crouch to approve the final plat. Roll call:
Adams -aye; Schillinger; Baker -aye; Lindblom -aye; Crouch -aye; Lucietto -aye.
Unanimous approval.
Additional Business:
Chairman Lucietto said she had given a Consortium update to the City Council the
previous night. She also invited them to the Comprehensive Plan open house on June
19 In July, the Plan will be discussed and she hopes to send the final plan to the City
Council in August.
The next plan consortium is July 24 at 7pm. Big Rock will be hosting this event and
school funding will be discussed.
Lynn Dubajic said the water park opens June 21 st and Target opens July 27
There was no further business and a motion was made by Lindblom and seconded by
Crouch to adjourn the meeting. Unanimous voice vote. Meeting adjourned at 9:45pm
Minutes by Marlys Young
Minute Taker
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UNITED CITY OF YORKVILLE, ILLINOIS
MEETING OF THE
PLAN COMMISSION
REPORT OF PROCEEDINGS taken at the
meeting of the Yorkville Plan Commission for the
United City of Yorkville, taken on June 11, 2008,
at the hour of 7:00 p.m., before Lynette J. Neal,
C.S.R., at Yorkville City Hall, Yorkville,
Illinois.
LL�
D- 849208
REPO • COURT
reporting service
DUPAGE COUNTY KANE COUNTY
1212 S. Naper Blvd., Ste. 119 -185 630 - 983 -0030 • Fax 630 - 907 -9710 1051 Ketel Ave.
Naperville, IL 60540 Email: depocourt@comcast.net North Aurora, IL 60542
2
1 PRESENT:
2 MS. ANNE LUCIETTO, Chairman,
3 MS. SANDRA ADAMS,
4 MR. JEFF BAKER,
5 MR. MICHAEL CROUCH,
6 MR. BRIAN SCHILLINGER,
7 MR. TOM LINDBLOM,
8 MR. TRAVIS MILLER,
9 MS. MARLYS YOUNG.
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1 (Whereupon a portion of the
2 hearing was had but not herein
3 transcribed.)
4 CHAIRMAN LUCIETTO: Public hearing PC
07:O1PM 5 2008 dash 11 now open. Can we have the
6 petitioners, please? For the record, I will read
7 the description. HRM Properties & Development,
8 LLC, has filed an application with the United City
9 of Yorkville, Kendall County, Illinois, requesting
07:01PM 10 an amendment to the planned unit development
11 agreement. The real property consists of 6.14
12 acres located at the northeast corner of
13 Cannonball Trail and US Route 34, Bristol
14 Township, Kendall County, Illinois 60560. Dan?
07:01PM 15 MR. KRAMER : Thank you. For the record,
16 my name is Daniel J. Kramer. My address is 1107A
17 South Bridge Street, Yorkville, Illinois. I am an
18 attorney licensed to practice law in the state of
19 Illinois and I represent the petitioners in this
07:O1PM 20 action.
21 We would like you to take into
22 account for the record purposes tonight the
23 application for the modification of the PUD as
24 Exhibit 1, our color drawing of the landscape
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1 rendering as Petitioner's Exhibit No. 2 behind me,
2 and then we have folders with reduced drawings
3 that we would like to pass out, color renderings
4 that we will give you as well, if I can have
07:02PM 5 Harold pass those out. And then the final piece
6 we have with the folders is we would ask be
7 considered as Joint Petitioner's Exhibit 3 with
8 the folders you have is the curriculum vitae of
9 one of the witnesses we are going to have present
07:02PM 10 some evidence tonight so that you have got that
11 for your records.
12 Basically this property has been
13 annexed and zoned in the City already under a
14 planned unit development agreement and the
07:03PM 15 petitioner is asking to amend the planned unit
16 development agreement. Since the time the
17 original agreement was prepared, the City now has
18 an overall zoning class that they call PUD, so we
19 are just trying to clean up and suggesting that it
07:03PM 20 should now be under that zoning class.
21 The primary changes, besides the
22 minor cleanup items that are attached to the
23 petition to modify the special use and PUD, is at
24 the north edge of the property -- and the
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1 landscape drawing shows it as well with the
2 detailed site plan that you have in the packet --
3 is that originally with the property across the
4 street to the west of Cannonball, you can see
07:03PM 5 there is a major access to the shopping center on
6 the west side. Normally you would like to line up
7 entrances to our property on the same access as
8 that.
9 However, as you see, if we lined up
07:03PM 10 with that same access the way it is tilted, it
11 would involve us encroaching on the property of
12 our neighbors to the north and one of the main
13 features of the original planned unit development
14 agreement was maintaining some type buffer
07:04PM 15 there. So what our planning staff has done in
16 consultation with the City is moved our major
17 entrance to the south of that location and we
18 maintain the buffering to the north on the use
19 that we propose for Lot 4.
07:04PM 20 Now, again, we are seeking a
21 modification of the original PUD agreement, which
22 said that there would be a 400 -foot buffer at the
23 north edge of the property. If you had that 400
24 feet, it sounds good but it wouldn't be meaningful
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1 if you had the major entrance to the development
2 separating that residential user to the north of
3 this property.
4 Here the proposed end -user for
07:04PM 5 Lot 4 is a day -care center, which would have the
6 front of the building oriented towards the south,
7 all the parking and the pickup area would be
8 oriented to the south, and the rear of the
9 property where we would adjoin a residential use
07:05PM 10 is all green area, yard area, setback, and
11 detention. So we try and maintain a nice buffer
12 there.
13 The other major change in the
14 planned unit development agreement that we propose
07:05PM 15 is asking for a modification of the permitted uses
16 in the agreement to allow a gas station, service
17 station, on what we are proposing as Lot 1 of the
18 agreement itself.
19 Back when the PUD agreement was
07:O5PM 20 passed in 2000, this was a mixed -use area. You
21 had a lot of farming. That area to the west was
22 totally agricultural. The courthouse was a much
23 smaller operation. You didn't have commercial
24 development on the southeast quadrant of that
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1 intersection. You didn't have the intense use
2 that the courthouse now has and the commercial
3 development on the southwest quadrant of the
4 intersection of Cannonball and Route 34, and you
07:06PM 5 certainly didn't have Yorkville Marketplace. Now,
6 in fact, the world has really substantially
7 changed out there and this has become a major
8 commercial corridor.
9 The property that we propose for
07:06PM 10 the gas station is in the area that has the most
11 traffic and the most commercial development
12 oriented on that intersection. So we plan for
13 entrances for use on the service station closer to
14 Route 34. You can see there is a main entrance on
07:06PM 15 Cannonball just to the north edge of Lot 1, and
16 then there is a right -in /right -out, which would be
17 our only access cut on Route 34 right at the
18 border of Lot 1, which would serve again for the
19 benefit of the entire center.
07:06PM 20 In terms of the development of the
21 gas station, I would like, if I could, to have
22 Marian Long come up and offer a few thoughts on
23 how we would install tanks and so on, if I may?
24 CHAIRMAN LUCIETTO: You said there was a
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1 CV in the packet. I don't see one.
2 MR. KRAMER: I didn't say CV, I just
3 said small drawings.
4 CHAIRMAN LUCIETTO: You said curriculum
07:07PM 5 vitae.
6 MR. KRAMER: There should be her
7 customer list right inside here.
8 CHAIRMAN LUCIETTO: Okay. I was looking
9 for something else.
07: 07PM 10 MR. KRAMER: Okay. So if I may have her
11 come up with your permission?
12 CHAIRMAN LUCIETTO: Absolutely.
13 MR. KRAMER: Marian, would you come up,
14 please?
07: 07PM 15 MS. LONG: Sure.
16 MS. MARIAN LONG,
17 was interrogated by MR. KRAMER, and in response to
18 the questions asked gave the following answers:
19 BY MR. KRAMER:
07:07PM 20 Q. Marian, would you state your name and
21 address and what business you operate, please.
22 A. My name is Marian Long and I am
23 president an owner of a manufacturers
24 representative agency that sells petroleum storage
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1 and handling systems and I have owned this company
2 and been in this business for 22 years. And my
3 office address is 25 South Washington, Naperville,
4 Illinois.
07:08PM 5 Q. Marian, you have looked at the proposed
6 site for this service station, have you not?
7 A. Yes.
8 Q. What type of tanks would be installed
9 for use on that particular site, if you could,
07:08PM 10 please.
11 A. Well, they would be double - walled tanks.
12 The State of Illinois passed a law on
13 February 1st, 2008 that all underground storage
14 tanks should be double -wall. And the tanks that
07:08PM 15 are going on this site will be double - contained or
16 double -wall fiberglass tanks.
17 Q. Marian, what type of monitoring takes
18 place as far as those tanks to ensure no leakage
19 or no off -site migration of petroleum products?
07:08PM 20 A. Well, the first monitoring or secondary
21 containment is the fact that the tanks are
22 double - walled, so there is a primary tank and then
23 there is a secondary tank with a small intersect
24 between the two walls so that if there would be a
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1 breach in the primary -- which is extremely
2 require these days -- that it would be contained
3 in the interstitial space between the primary and
4 secondary walls. But in addition to those
07:09PM 5 requirements for double -wall tanks, the federal
6 government passed a regulation on December 22nd,
7 1988 under CFR 280 that required that all
8 underground tanks have electronic tank monitoring
9 in them that requires that the tank be monitored
07:09PM 10 on a continuous basis to detect two gallons per
11 hour leak rate every day and once a year each
12 station owner has to perform through the
13 methodology of the electronic tank gauging
14 one -tenth of a gallon per hour leak Keep
07:09PM 15 those results on the site at all times available
16 for all the inspectors that would come in and
17 check out their leak records.
18 Q. Marian, with respect to the
19 installation of the tanks, is an owner or a
07:09PM 20 contractor permitted just to go out and install
21 them or does that work constantly get monitored
22 while the installation takes place.
23 A. Well, first of all, in the beginning of
24 the process there has to be a permit that's filed
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1 and -- with the state of Illinois and with I'm
2 assuming the local ordinances. But then the State
3 of Illinois will not allow or any installation of
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4 any fuel system at all, whether it is private or
07 ;1OPM 5 retail fleets, without a certified installer,
6 someone who has been trained passing tests for the
7 state and also by all the manufacturers of the
8 products that they are installing at the site. So
9 they have to be trained and certified.
07:10PM 10 Q. Marian, the type of tank that would be
11 installed at the site, I notice in your firm's
12 perspective you show a portable water tank that's
13 installed in the national forest. What relation
14 does that have to this type of tank? -
07:1OPM 15 A. Well, I understand that historically
16 there has been a lot of concerns about putting in
17 any type of underground storage systems that
18 contain hazardous substances such as fuel, and
19 since the technology has evolved so much as a
07:11PM 20 result of the federal regulations, that there are
21 really no potential for leaks whatsoever in the
22 systems. But I put this in the brochures because
23 I felt it was important to understand that in a
24 single -wall tank the federal -- the Forest
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1 Preserves and the federal governments are using
2 this to contain drinking water. And you might
3 wonder why would anybody be concerned about
4 drinking water leaking into the groundwater.
07:11PM 5 That's not the issue. The issue is that these
6 tanks are tested to 11- and -a -half inches of
7 mercury vacuum and pressure tested. So their
8 structural integrity is such that there will be no
9 breach in the tank wall whatsoever and that there
07:11PM 10 will be no opportunity of any ingress of any
11 foreign chemicals or anything into the groundwater
12 to come into the tank. It is perfectly safe
13 drinking the water in the single -wall fiberglass
14 tank.
07:11PM 15 Q. I also notice with regard to your list
16 of customers that your firm represents, it is not
17 just the traditional gas sales company or
18 wholesalers, but I notice a whole list of grocery
19 store retailers as well.
07:12PM 20 A. Absolutely.
21 Q. It is common knowledge that grocery
22 stores have now gotten into the fuel sales
23 business, have they not?
24 A. Yes. Almost all of the major chains
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1 have done that. Albertson's, which is Jewel in
2 our area, Super Value owns them, and Kroger and
3 Safeway, which is Dominick's here in the Chicago
4 area, Meijer, Walmart. Every single big -box
07:12PM 5 retailer basically has got fuel in them.
6 Q. And, again, from both your experience as
7 a professional and just as a layperson even
8 driving here tonight on Route 34 or Route 59, do
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9 you see these types of fuel installations in the
07:12PM 10 grocery stores adjacent to residential neighbors?
11 A. Sure, they are all over. Meijer, Sam's
12 Club, Walmart's, wherever they are at, Jewel, they
13 are always situated for obvious reasons in
14 residential areas to have easy access for
07:13PM 15 customers to grocery shop and purchase fuel.
16 Q. Thank you. With respect to traffic that
17 uses the gas station, would you classify a gas
18 station as a destination stop or is it something
19 that existing traffic, ambient traffic, that's
07:13PM 20 driving buy uses the facility and stops in?
21 A. I guess it would depend on the type of
22 C -store that's put there, sometimes they are
23 considered destinations. If they have a big
24 enough floor plan and lots of food offerings, but
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1 I think the answer would be both, because it draws
2 new people into the area for new business and then
3 it also takes care of people that are just passing
4 by.
07:13PM 5 Q. okay. And primarily when it is a
6 destination, that would be the bigger ones, the
7 Meijer's, the Albertson's, not the simple gas
8 station with the C- store.
9 A. Exactly. It depends on the food
07:14PM 10 offerings.
11 Q. And, again, in terms of the construction
12 or design of the gas stations, what efforts are
13 taken as far as lighting to protect interference
14 with neighboring use of property enjoyment and
07:14PM 15 value?
16 A. Well, there is several technologies in
17 the lighting area right now that actually end up
18 focusing the lights on the dispensers and also
19 what they call down - lighting that will light the
07:14PM 20 perimeters to the edge of the canopy or the edge
21 of the actual site. Normally what happens to be
22 able to assure the fact that there is no
23 bleed -over into the residential areas, that the
24 lighting manufacturer will do what they call
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1 photometric studies and submit that to the
2 architect and have it approved by the City.
3 MR. KRAMER: Thank you. I don't have
4 any further questions, Madam Chairman. I'll have
07:14PM 5 her available for any questions that you have.
6 CHAIRMAN LUCIETTO: That's fine.
7 MR. KRAMER: Jim, could you come up,
8 please?
9 MR. JIM KOZIOL,
07:14PM 10 was interrogated by MR. KRAMER, and in response to
11 the questions asked gave the following answers:
12 BY MR. KRAMER:
13 Q. State your name and address for the
14 record, please.
07:15PM 15 A. James Koziol, 1709 Ogden Avenue, Lisle
16 Illinois.
17 Q. And, Mr. Koziol, in what profession are
18 you engaged?
19 A. Civil engineering.
07:15PM 20 Q. Are you also an architect by trade?
21 A. Yes.
22 Q. Mr. Koziol, you have helped lay out the
23 design for this particular parcel, have you not?
24 A. Yes.
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1 Q. Mr. Koziol, isn't it true that with
2 respect to the original planned unit development
3 agreement that was passed by the City, it would
4 permit any developer of this property to develop
07:15PM 5 it pursuant to the City ordinances that existed
6 back in 2000?
7 A. Yes.
8 Q. And, in fact, what you have done and
9 arranged for the landscape architect to prepare
07:15PM 10 the landscaping here as well as your compliance
11 with stormwater runoff and so on, you have not
12 gone back to the 2000 ordinances but you have done
13 it according to the current City ordinances; is
14 that correct?
07:15PM 15 A. Yes, that's true.
16 Q. And would it be fair to say that those
17 ordinances both in landscaping, drainage design,
18 and so on, are much stricter than what were in
19 effect in the year 2000?
07:16PM 20 A. Yes.
21 Q. Now, with respect to the engineering
22 recommendations that were made with staff, you
23 virtually have made all but one change that was
24 recommended by staff, have you not?
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1 A. That's correct.
2 Q. And could you show the members of the
3 plan commission the one change that staff had
4 recommended that you have not made and the reason
07:16PM 5 you have not altered it, please.
I
6 A. The only change is at this entrance
7 right here, the staff was recommending that this
8 be a right turn only and we still have a pork chop
9 here that shows the ability to -- you know, to
07:16PM 10 exit out this way and make a right turn. It is a
11 painted island so there was some question still if
12 someone could make a left turn at that location.
13 And our thinking on that is that in
14 case a truck were to pull in and to.make this
07:16PM 15 turn, we wanted to leave that open to allow
16 that -- you know, that flow to drive through. We
17 don't want to get to a point where a truck ends up
18 here and is trying to make this turn and then
19 stops. We are open to putting in not -an -exit
07:17PM 20 signs, do- not -enter signs, to try and sway people
21 from going out that way.
22 Q. And as the engineer and architect
23 overall for the project with the respect to the
24 location of each of the proposed four buildings on
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1 the site, you will submit a photometric study as
2 far as showing no bleed -off greater than .210
3 candles at lot line; is that correct?
4 A. Absolutely.
07:17PM 5 Q. And, again, with the parameter of
I
6 landscaping, you have taken great care around the
7 north and east of the property where you have
8 either agricultural uses to the east or
9 residential uses to the north to keep good
07:17PM 10 screening and to comply with the current City
11 landscape ordinance.
12 A. Yes.
13 Q. And, again, along Route 34, although
14 that's a heavily traveled commercial. boulevard,
07:17PM 15 again you show a substantial setback in compliance
16 with the City landscaping requirements there as
17 well.
18 A. That's correct.
19 Q. All right, thank you.
07:18PM 20 MR. KRAMER : Madam Chairman, I don't
21 have any other questions at this point. And if
22 any of the public wishes to testify, we will have
23 our witnesses here to answer any questions that
24 they might have.
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1 CHAIRMAN LUCIETTO: I would like to
2 clarify, because there is so many people here for
3 this, what the procedure is. I have two letters
4 and I'm going to read them into the public hearing
07:18PM 5 record, and then anyone of the public here is
6 welcome to speak. I would ask that you don't
7 repeat what's already been said, otherwise we will
8 spend the entire night going through this, and I
9 would like to state what the issues are and deal
07:18PM 10 with them.
11 Once you guys are done, we will go
12 out of public hearing, and then the plan
13 commission will ask the questions and have a
14 discussion and make our recommendation.
07: 18PM 15 MR. KRAMER : And we obviously get a
16 chance to respond.
17 CHAIRMAN LUCIETTO: Absolutely.
18 MR. KRAMER: Thank you.
19 CHAIRMAN LUCIETTO: Okay. The first
07:19PM 20 letter we received is dated June is 11, 2008
21 addressed to the City of Yorkville Plan
22 Commission, 800 Game Farm Road, Yorkville,
23 Illinois 60560.
24 To whom it may concern, we are
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1 writin g to you because of concerns we have over
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2 the proposed site plan amendment for the property
3 located at the northeast corner of the
4 intersection at Route 34 and Cannonball Trail in
07:19PM 5 Yorkville. Due to familial commitments tonight we
6 are unable to attend the meeting. Please accept
7 our apologies.
8 Based on the information received
9 via United States mail, we are informed that the
07:19PM 10 proposed amendment for the intersection includes a
11 day -care, a gasoline service station, and two
12 drive - through facilities. It is our wish that the
13 plan commission not recommend this or any other
14 type of gasoline service station at-this
07:19PM 15 intersection. This type of facility is not
16 appropriate for this intersection given the number
17 of homes in the immediate vicinity. The odor, the
18 24 -hour lighting, and the additional nighttime
19 noise distractions produced by the proposed
07:20PM 20 service station are our greatest concerns.
21 We have been residents of the
22 Cimmaron Subdivision, situated at the southwest
23 corner of Route 34 and Cannonball Trail, for over
24 15 years. In that time period we have witnessed
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1 much growth in the area, particularly commercial
2 growth. We have never complained about or
3 rejected any of the business opportunities that
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4 have been built up around us. In fact, we have
07:20PM 5 welcomed and supported all of the commercial
6 ventures currently located at the above - mentioned
7 intersection as a benefit to the lives of the all
8 residents of Yorkville and surrounding areas.
9 Living near such a high- trafficked
07:20PM 10 intersection as Route 34 and Cannonball Trail, we
11 realize that many businesses would certainly want
12 to locate at the proposed intersection. It is our
13 hope that the plan commission will consider the
14 negative aspects that a gasoline service station
07:20PM 15 with produce, clearly reducing the quality of life
16 for the families living in the immediate vicinity.
17 It is also our hope that the
18 members of plan commission continue to support the
19 business ventures that will enhance our area of
07:21PM 20 town and our quality of life while declining to
21 recommend the proposed gasoline service station.
22 Thank you for your time and concern. Sincerely,
23 David and Maria Fisher, Lonnie and Chris Avery,
24 Cimmaron Ridge residents.
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1 The second letter is addressed to
2 the United City of Yorkville, City Clerk, City
3 Hall, 800 Game Farm Road, Yorkville, Illinois.
4 This one is notarized as well.
07:21PM 5 This is a written notice of protest
6 against the proposed changes to an existing PUD
7 agreement dated 8/10/2000, described in Kendall
8 County parcel 02 -29- 100 -004 and 02 -29- 100 -005
9 located at the northeast corner of Cannonball
07:21PM 10 Trail and US Route 34 in Yorkville, Illinois,
11 containing 6.148 acres, more or less.
12 Application for changing the
13 existing PUD agreement was filed by HRM
14 Properties & Development, LLC, 300 North Lake
07:22PM 15 Street, Montgomery, Illinois 60538. Copies of
16 this notice have also been sent via certified mail
17 to HRM Properties & Development, LLC, and Daniel
18 J. Kramer & Associates, Attorneys at Law, 1107A
19 South Bridge Street, Yorkville, Illinois 60560.
07:22PM 20 We the undersigned state that
21 according to the Illinois compiled statutes he or
22 she is the legal title holder or member manager of
23 Kendall County Parcel No. 02 -20- 376 -003 and
24 02- 29- 201 -001 which constitutes more than 20
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1 percent of the frontage proposed to be altered and
2 is requesting that the Plan Commission of the
3 United City of Yorkville deny the changes to the
4 existing PUD agreement dated 8/10/2000. It is
07:22PM 5 signed by Bobby J. Klack, Marilyn Klack, and Vern
6 L. Henney. And I have more information if you
7 would like the addresses as well.
8 Those are the two letters I read
9 into the record. Vern, did you want to get up and
07:23PM 10 speak? Make sure you introduce yourself and state
11 where you live. Thank you.
12 AUDIENCE MEMBER: Hi, I'm Vern Henney.
13 I live on Route 34, Yorkville, Illinois. I would
14 like to reserve the right to speak Later but I'm
07:23PM 15 here under my lawyer's direction to state that
16 Mr. Kramer is in conflict of representing myself
17 and Harold Oliver at this meeting. And that's
18 what I'm supposed to say at this point. Thank
19 you.
I
07:23PM 20 AUDIENCE MEMBER: My name is Loren
21 Miller. I reside at 28 Hickory Lane, Yorkville.
22 I was not notified at all and I'm adjacent
23 property owner.
24 MR. MILLER: We do have a list. I don't
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1 have that with me and we can verify with the
2 clerk's office. I would ask the petitioner if
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3 they have a list that was sent out and we can
4 confirm if notice was sent out.
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07:24PM 5 CHAIRMAN LUCIETTO: Do we have anyone
6 else who has anymore input on this?
7 AUDIENCE MEMBER: My name is Bob Klack.
8 I am at 3974 Cannonball Trail. This is my
9 property line here on the north end, so I'm
07:24PM 10 substantially effected by whatever goes in there.
11 I did get your letter. I was concerned about
12 this. Now he is saying there is some kind of berm
13 or protection or something between him and my
14 property. I'm wondering what kind of protection?
07:25PM 15 There was never anything mentioned about whether
16 they are going to plant two trees or five trees or
17 give me an earthen berm. They are awfully vague
18 on that. And the two drive- throughs, apparently
19 from what I have heard after the letter, one
07:25PM 20 drive - through is for a car wash at the service
21 station, which my letter didn't say what the
22 drive - through was for, so that tells me that there
23 is a service station and a car wash on that
24 corner, which would be Lot No. 1. I'm concerned
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1 about runoff. Me and ten of my neighbors, or 12
2 of my neighbors, we are all on wells. We are not
3 on the City, we don't have city water and sewer so
4 I'm concerned about runoff even from the car wash
07:25PM 5 but especially from the service station.
6 Now, I know there is a lot of
7 preventative measures that have been taken but
8 still there is going to be spills. I have been in
9 service stations where I have seen the pumps kick
07:26PM 10 off and fall underground or fall underground and
11 not kick off and spills are always there. I'm
12 concerned about the runoff from these accidental
13 spills, not the ones in the tanks, that might get
14 into my we will. So that's one of my major
07:26PM 15 concerns.
16 And I'm interested in what kind of
17 protection they are giving me here and how close I
18 will be to what area they put -- if it is a
19 day -care center, which is not on the original PUD,
07:26PM 20 and the original PUD said there would be no
21 service station on that corner eight years ago
22 from the City when it was annexed into the City.
23 The PUD said there would be no service station.
24 I'm concerned about why they changed their mind,
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1 and since we are all trying to cut back on
2 gasoline consumption, I don't think we need a
3 service station. Thank you.
4 (Clapping.)
07:27PM 5 CHAIRMAN LUCIETTO: Hold on. Dan, do
6 you have anybody that can address the protected
7 question, and I think there is probably going to
8 be some questions as to what the two
9 drive- throughs are that you are proposing.
07:27PM 10 MR. KRAMER : Sure. We can answer a
11 couple of those. I'll have Jim step up on a
12 couple and I can answer some. The last one before
13 Mr. Klack had about his comment about gas
14 stations -- which unfortunately we all have to
07:27PM 15 use, so we buy our petrol some place -- Page 14 of
16 the original PUD agreement, day -care centers are a
17 permitted use in this class so that is not one of
18 the changes being requested in this PUD. The
19 change is the fact that it is being put as the
07:27PM 20 buffer as opposed to running the street in, which
21 would be right next to the Klack property. And he
22 is our adjacent owner along the north here and was
23 on the list that we notified. Mr. Miller is up a
24 ways on it so we think notice is proper. With
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1 respect to detention, you can see in the drawings
2 that you have before the landscaping is
3 superimposed that we do have a detention area
4 adjacent to that to catch- water. In terms, Jim,
07:28PM 5 of the general nature of the bermings and
6 plantings, could you testify as to what the
7 separation would be and the degree of separation
8 for Mr. Klack's home, please?
9 MR. KOZIOL: Yes. In our initial design
07:28PM 10 we had talked about having a little bit of
11 detention in these areas tied into the main
12 detention pond that is down here. Since that time
13 we decided to eliminate the detention in these
14 areas. There will be some here and -some
07:28PM 15 underground, so we will start a berm up at this
16 property line and then bring it up and bring it
17 back down to this playground area and we will get
18 that berm as high as we legally can by ordinance.
19 The ordinance stipulates what our slopes can be up
07:29PM 20 and down those berms. So we will maximize those
21 berms and then the ordinance also requires
22 screening between the properties and we will meet,
23 you know, whatever is required in the ordinance.
24 Usually -- and if there is a -- you know, if a
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I
1 fence is required, I think it is whatever is in
2 the ordinance we will match. Plus the water flow
3 comes down this way, so we will set things up, you
4 know, to flow into that pond.
07:29PM 5 MR. KRAMER: So the court reporter can
6 get that -- she can't pick up a "this way" -- you
7 are pointing at the general nature of the water
8 flow is from north to south away from Mr. Klack's
9 property.
07:29PM 10 MR. KOZIOL: Correct.
11 MR. KRAMER: But you do show a detention
12 area immediately adjacent on the inside of the
13 berm; is that fair to say?
14 MR. KOZIOL: Yeah, we will- probably
07:29PM 15 eliminate it so we can get the berm a little
16 higher.
17 MR. KRAMER: And with respect to the
18 day -care center, DCFS requires fences for obvious
19 security reasons but those aren't perimeter
07:30PM 20 fences. They are closer to the day -care center,
21 are they not?
22 MR. KOZIOL: That's correct.
23 MR. KRAMER: Now, with respect to the
24 drive- throughs, that references the bank facility
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1 down in Lot 2 at the southern end of the property?
2 MR. KOZIOL: That's correct.
3 MR. KRAMER: And then where else is a
4 drive - through?
07:30PM 5 MR. KOZIOL: There is another
6 drive - through on the east end of the retail
7 building on Lot 3.
8 MR. KRAMER: Again, the idea is you may
9 end up with a user like a Starbucks or coffee shop
I
07:30PM 10 that may have a drive - through for coffee service
11 early in the morning.
12 MR. KOZIOL: Right.
13 MR. KRAMER: Those are the two
14 drive - throughs you talked about earl -ier.
07:30PM 15 AUDIENCE MEMBER: So we are going to
16 have two drive- throughs plus the car wash
17 drive - through?
18 MR. KRAMER: The car wash is part of the
19 service station.
07:30PM 20 AUDIENCE MEMBER: It is not considered a
21 drive - through.
22 MR. KRAMER: Correct.
23 AUDIENCE MEMBER: Dan, did you say that
24 I wasn't an adjacent property owner?
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1 CHAIRMAN LUCIETTO: Hold on. Let me ask
2 a question. Mr. Klack, did you feel your
3 questions were answered?
4 AUDIENCE MEMBER: I'm not too sure. You
07:31PM 5 said whatever the berm you require. What is the
6 berm you require? Is it four feet, six feet, five
7 feet?
8 MR. MILLER: The landscaping
9 requirements -- this is a little different. With
07:31PM 10 the PUD there is not a strict requirement on that,
11 but what was referred to is the landscape
12 ordinance. That requirement is a 30- foot -wide
13 landscape buffer yard when you have a
14 non - residential land use adjacent to a
07:31PM 15 residential, which would be the case here. It
16 would be a 30 -foot width. It's about four -foot
17 high berm or a fence or a -- you know, of that
18 height could be, so it is kind of a -- there is an
19 option whether it be a solid fence or a berm.
07:31PM 20 AUDIENCE MEMBER: If they put a solid
21 fence, would it be on their property, not mine?
22 MR. KRAMER: Absolutely. It must be on
23 their property and not yours, sir, that's correct.
24 AUDIENCE MEMBER: Thank you.
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1 CHAIRMAN LUCIETTO: You are okay with
2 that answer now?
3 AUDIENCE MEMBER: It is still vague but
4 I assume four feet is the maximum?
07:32PM 5 MR. MILLER: Right. In addition to that
6 the landscape material that's required in that and
7 within that the quantity of landscape material is
8 based on 100 lineal feet of the length of the
9 berm. Within that number of feet there is an
07:32PM 10 amount of trees and landscape materials that need
11 to be included.
12 AUDIENCE MEMBER: He said the runoff
13 would be back toward his property so I assume the
14 berm would be sloped more on his side than my
07:32PM 15 side, a longer slope? Would mine be more a direct
16 height?
17 MR. MILLER: A safe assumption. At this
18 point we just have a concept plan.
19 MR. KOZIOL: In most cases that's what
07:33PM 20 happens. To get the berm to the highest point we
21 put the center of the berm at the center of the 30
22 feet so we can go up and come down.
23 AUDIENCE MEMBER: And you are going to
24 plant some sort of shrubbery on top?
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1 MR. KOZIOL: Right.
2 AUDIENCE MEMBER: I'm Harold Oliver.
3 15426 Millhurst Road, Plano. The principal of
4 HRM. I'm the "H" in HRM Properties. And to try
07:33PM 5 to answer your question, we are concerned with the
6 water runoff. That's why we eliminated the
7 detention pond up there. But, more importantly,
8 as a residential neighbor for you, whatever
9 species you're looking for, if you want berm and a
07:33PM 10 fence, we will be glad to work with you.
11 We were trying to consider that
12 with this road, because this road, the original
13 way it came through was here and it was two -fold
14 we looked at. We looked at you as the property
07:34PM 15 owner, that didn't make sense because we are
16 trying to isolate you a little more. No. 2 is the
17 day -care. We have a national franchise day -care
18 on this project, and as a day -care they didn't
19 want traffic coming through there. They wanted
07:34PM 20 this to be isolated. They wanted to isolate the
21 day -care and isolate also for your purpose.
22 So we can work that out on the
23 berm. I will put it on the record, if you want a
24 berm and shrubbery and a fence, whatever works out
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1 best for you, we will be glad to work with you.
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2 On a project this size obviously to make the
3 neighbors happy is our concern. If you need a
4 fence on it, that's fine. Thank you.
07:34PM 5 CHAIRMAN LUCIETTO: Okay. More
6 questions? Sir, would you please come up.
7 AUDIENCE MEMBER: I believe Mr. Kramer
8 said I wasn't --
9 CHAIRMAN LUCIETTO: Could you say your
07:34PM 10 name.
11 AUDIENCE MEMBER: Loren Miller, 28
12 Hickory Lane. I live right here. I have about
13 100 feet of adjacent property. I'm right behind
14 Mr. Klack so I am right next door and I don't
07:35PM 15 know - -
16 MR. KRAMER: Before we leave tonight,
17 give me your tax parcel number so I can check for
18 it. That's the way we have it listed.
19 CHAIRMAN LUCIETTO: Okay. Do we have
07:35PM 20 anyone else? Go ahead.
21 AUDIENCE MEMBER: I'm Martha Price. I
22 live at 29 Hickory Lane, Yorkville. I believe
23 every member of the plan commission got a letter
24 and a packet from me, okay. In the letter and the
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1 attachments that we sent, our reasons for asking
2 that the PUD not be changed were given, which
3 included the previous legal battles and the many
4 changes involving that corner over the years. All
07:35PM 5 of that was outlined in the lengthy history
6 attached to the letter.
7 Our reasons for also not changing
8 the PUD to allow for a special use for a gas
9 station were also specifically given in the letter
07:36PM 10 in that it doesn't seem that the special use meets
11 the standards outlined in Yorkville's zoning book
12 and those standards are quoted in the letter.
13 These reasons, along with the high
14 risk for groundwater contamination, which could
07:36PM 15 endanger the nearby private wells, are same as the
16 concerns the residents on the other end of
17 Cannonball Trail at Route 47 had in January of
18 2005 when a gas station was proposed at that
19 corner. You know, of course, that there is not a
07:36PM 20 gas station there. The proposal was withdrawn
21 before it was put to a vote at the Plan
22 Commission.
23 In addition I would like to raise
24 the following issues or questions. The
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1 application for the change stated a request for a
2 change in the site plan and for special uses for
3 the front lots. I'm assuming the front lots are
4 the lots located closest to Route 34.
07:36PM 5 In the certified letter we received
6 it stated that the request was for a site plan
7 amendment to the PUD and a special use for a
8 day -care, gasoline service station, and two
9 drive - through facilities. I'm assuming a site
07:37PM 10 plan is the arrangement of the buildings and the
11 current PUD on Page 5 states that the property
I
12 shall be developed and approved as a planned unit
13 development under the following: " A " says,
14 specific building location as generally defined by
07:37PM 15 the site plan as per Exhibit D.
16 Since the new proposal shows
17 buildings in a different arrangement, I'm assuming
18 this is what is meant by an amendment to the site
19 plan. However, the new proposal shows a car wash,
07:37PM 20 which I believe is a B -3 use. Neither the
21 application or the certified letters states any
22 additional uses or zoning changes are requested.
23 Only office uses and some B -1 and B -2 uses are
24 allowed per the current PUD. Also the new
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1 proposal shows the day -care in the portion of the
2 parcel, which according to the PUD is to be
3 office. In the current PUD a day -care is a B -2
4 classification and should not be allowed in the
07:38PM 5 office zoned portion.
6 Again, neither the application or
7 certified letter states a request for a zoning
8 change or a change in the classification of a use.
9 The office zoned portion, the northernmost 400
07:38PM 10 feet, is to serve as a buffer or transitional
11 zoning portion between the single-family
g Y
12 residences and the B -1 and B -2 uses. And that's
13 on the top paragraph of Page 6 on the current PUD.
14 I realize in that Yor-kville's
07:38PM 15 current zoning ordinances a day -care is a special
16 use in office. However, the last paragraph on
17 Page 7 of the current PUD states: In the event of
18 any conflict between this agreement and any
19 ordinance of the City enforced at the time of the
07:38PM 20 execution of this agreement or enacted during the
21 pendency of this agreement, the provision of this
22 agreement shall prevail to the extent of any such
23 conflict or inconsistency. I think this means
24 that since the current PUD states that day -care is
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1 a B -2 use, that should take precedence.
2 Again, we feel that the current PUD
3 should be upheld. It was a long rough road
4 getting to the current PUD, and we feel the
07:39PM 5 current PUD should end the matter. I feel however
6 that compliance with the current PUD would come
7 close to being met if the day -care center and a
8 retail and bank were built in the area south of
9 the office zoned portion and something else from
07:39PM 10 the office use category built in the office zoned
11 section on the north end. But no gas station or
12 car wash should be allowed.
13 Even with these suggestions a site
14 plan may still have to be amended to be in
07:39PM 15 compliance with the section on Page 5 previously
16 mentioned in the current PUD. The City attorney
17 at the time the brick home was torn down on that
18 property said that something would have to be
19 built back in the same footprint in order to
07:40PM 20 satisfy the current PUD.
21 And I realize that what I just said
22 may be confusing so I'm giving you a copy of most
23 of what I just said, plus there is another
24 document concerning the soil in the area from the
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1 U.S. Department of Ag, which we obtained during
2 the first discussion in 1997 concerning this gas
3 station proposal.
4 CHAIRMAN LUCIETTO: Do you want us to
07:40PM 5 read the letter into the record?
6 AUDIENCE MEMBER: If that's appropriate,
7 please do.
8 CHAIRMAN LUCIETTO: Absolutely. Okay.
9 Letter dated June 4, 2008, to Ann
07:40PM 10 Lucietto, Chairman, Yorkville Plan Commission. We
11 had hoped and are still hoping that the current
12 PUD approval by the City Council on August of 2000
13 would be the end of long history of the northeast
14 corner of Cannonball Trail and Route- 34. The
07:40PM 15 neighborhood wanted to be able to count on this
16 PUD. See attached current PUD and history.
17 The current PUD would still be of
i
18 economic benefit to the City of Yorkville and
19 acceptable to the neighbors. The current PUD
07:41PM 20 provides for some transitional zoning in the
21 northernmost 400 feet next to the residences and
22 is zoned as office. The current PUD shows berming
23 to also provide a buffer between the commercial
24 and residential areas. The remainder was approved
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1 with limited B -1 and B -2 uses. There was no
2 provision for the approval of a gas station.
3 Given that this is once again up for discussion,
4 our major concern, as it was in 1997 when the gas
07:41PM 5 station proposal first appeared, is the fact that
6 the risk for groundwater contamination is
7 considered high risk for all of Bristol Township
8 and the aquifer materials within five feet of the
9 land surface. See attached information page.
07:41PM 10 Homes along Cannonball Trail and
11 along Route 34 and homes to the east of the
12 proposed gas station site all have private wells.
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" I
13 Blackberry Creek, which was labeled a high - quality
14 creek by the Conservation Plan Quorum, in a study
07:42PM 15 commissioned by the City Council in 2002 is
16 only .3 miles to the east.
17 Given the large number of results
18 on a computer search for such topics as
19 underground gasoline tank leaks, runoff from
07:42PM 20 gasoline stations, and related topics, apparently
21 leaks are a problem. We do not want to live with
22 this uncertainty and potential health risk. The
23 cost of cleanup is very expensive.
24 Under the special uses in
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1 Yorkville's zoning ordinance book, Section 10 dash
2 14 dash 6F standard states that no special use
3 shall be recommended by the Plan Commission unless
4 said commission shall find that, one, the
07:42PM 5 establishment, maintenance, or operation of the
6 special use will not be unreasonably detrimental
7 to or endanger the public health, safety, morals,
8 comfort, or general welfare.
9 No. 2, the special use will not be
07:42PM 10 injurious to the use and enjoyment of other
11 properties in the immediate vicinity for the
12 purpose already permitted, nor substantially
13 diminish and impair property values within the
14 neighborhood. See entire special -us-e section
07:43PM 15 attached.
16 In bold, we feel the special -use
17 request for the gas station does not meet these
18 standards. The Yorkville Plan Commission voted no
19 for business zoning on this parcel in 2000, and we
07:43PM 20 would hope that this Plan Commission would vote
21 for no change to the PUD in place, which would
22 also be a vote for the integrity of other PUDs in
23 place and on which citizens can rely. Signed
24 Martha Price for the Cannonball Trail Civic
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1 League.
2 Please come forward.
3 AUDIENCE MEMBER: I would like to say
4 one more time that I feel this is conflict. Next,
07:43PM 5 we can sit and talk about gas tanks all we want.
6 I have got a couple of days invested in gas tanks.
7 We can talk about TLS monitoring, we can talk
8 about Source North America, we can talk about
9 Gimbol LSI lights, and we can talk about water
07:44PM 10 running out and what cars leave behind, people
11 suing, and so on and so on and so on. But we have
12 a PUD. We fired up a PUD and everybody was happy.
13 Mr. Oliver bought the property and was well aware
14 of the PUD, knew what it was and understands it
07:44PM 15 still today. Yet he comes in and wants to change
16 it and talks about sympathy because he wants to
17 make money. I understand that point but we had a
18 PUD. And that's all I want to say, thank you.
19 CHAIRMAN LUCIETTO: Anyone else. Lynn?
07:44PM 20 AUDIENCE MEMBER: I'm Lynn Duvachek,
21 executive director of the Yorkville Economic
22 Development Corporation, 615 Prairie Point Drive,
23 Yorkville. I want to speak to the changes that
24 have happened in the area since 2000. Certainly
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1 what we have seen in the -- near the intersection
2 of 34 and Cannonball has changed tremendously, and
3 I wanted to speak to the amount of people that are
4 drawn to that area because of not only the
07:45PM 5 shopping center but because of the government
6 campus, Kendall County government campus, as well
7 as the Rush Copley Health Care Campus.
8 Currently in Yorkville there is --
9 in Yorkville proper there is about 2000 jobs at
07:45PM 10 this time. And with the buildout of the -- those
11 three new centers that we have in that area, we
12 are going to re- duplicate the amount of people
13 that are going to come into that area to work
14 every day. And also there is a tremendous amount
07:45PM 15 of people that are going to be coming in to
16 transact business, whether it is to shop, to file
17 things at the county government center, or to have
18 procedures done at the medical campus.
19 So I wanted to bring that up to
07:46PM 20 state how important we have always stressed to
21 have complete service for people who come into
22 Yorkville. When they come to Yorkville, we want
23 to create an economic hub where people could come
24 and have all their needs met. Certainly many of
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1 the people that will be coming to this area are
2 coming from Yorkville but they will be coming from
3 outside of Yorkville as well and we want them
4 while they are here to be able to have lunch, to
07:46PM 5 fill up their car with gas, to have all of their
6 needs met.
7 So I just wanted to bring that
8 perspective of -- because there is going to be
9 nearly 2000 people coming to that area to go to
07:46PM 10 work every day. Thank you.
11 CHAIRMAN LUCIETTO: Anyone else?
12 AUDIENCE MEMBER: Good evening. My name
13 is Arthur Crawford, and I live at 20 Hickory Lane.
14 And I was worried about pollution, as Mr. Klack
07:47PM 15 was. He lives across the way from me. When they
16 put in the sewer and water system, they put in a
17 great deal of gravel and soil and it became a
18 conduit. A lot of water went down that conduit to
19 the creek. Now we have a road that has a base of
07:47PM 20 crushed rock and gravel, another conduit, you
21 might say, and it goes from 34 all the way to the
22 little rivulet that leads to Blackberry Creek.
23 That's as far as the road was rebuilt. If we have
24 leakage, if we have pollution, the possibility is
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1 that it could go right down that road as an
2 underground conduit all the way to the creek, to
3 Blackberry, affecting a lot more than just the
4 residents along Hickory and Cannonball Trail. I
07:48PM 5 just wanted to mention that, if anybody knows
6 anybody about that. Thank you.
7 CHAIRMAN LUCIETTO: Kyle?
8 AUDIENCE MEMBER: Good evening. I'm
9 Kyle Price. I live at 29 Hickory Lane and I came
07:48PM 10 to Yorkville 45 years ago to teach school. I was
11 going to stay two years and leave. I'm still
12 here. And I guess over the years harassment, I
13 will call it, has taken place. We have had zoning
14 issues, now a PUD in place, which is- a legal
07:49PM 15 binding contract, which is in violation.
16 I taught business law. I started
17 the cooperative work program so you might think
18 I'm anti - business. Well, I'm certainly not,
19 because I have taught business, I majored in
07:49PM 20 business, I got a master's in business, plus the
21 fact that you are looking at the person that did
22 the Yorkville High School yearbook for 35 years,
23 that's the world's record. I have enjoyed the
24 community and so forth, but I'm not happy with
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1 people that want to not abide by especially
2 written contracts and so forth.
3 Mr. Oliver I have known for a while
4 and I have had a son, Mason, and we have always
07:50PM 5 gotten along fine. In fact, Harold called me one
6 day and I was home so I answered the phone and he
7 says I want to change the PUD on the corner, what
8 do you think of that? So I explained to him that
9 we had a process that our attorneys worked on.
07:50PM 10 And City people and the residents at that time,
11 which are still there, I guess, came to an
12 agreement. And he says, well, we might wind up
13 with a tattoo parlor. I remember said, Harold,
14 that's not in the PUD. So then we discussed our
07:50PM 15 children and so forth, which is a pleasant
16 conversation always. And then he says, well, I'm
17 thinking of buying that property but any time
18 there is resistance we just move on down the road.
19 So I don't know what we are doing
07:50PM 20 here tonight, but I think in order to have
21 character -- and the Yorkville schools have had an
22 agreement with the City on character counts, okay?
23 What is character? We complain about society. We
24 are society. So what kind of atmosphere are we
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1 setting here when we want to make changes and the
2 big change is health. We have had health issues
3 in our family in the last year, not pleasant. Are
4 we going to continue to make things worse in our
07:51PM 5 community of creating more health issues for
6 people? And you read about health issues every
7 day in the paper. So I'm asking you to stick with
8 it.
9 I have one other question, where do
07:52PM 10 people buy their gas now? Okay. What happens
11 also to a gas station that is closed up on Route
12 30 and Douglas. There is a nice Mobil gas station
13 boarded up, not very old. The traffic count on
14 Route 30 is thousands and thousands -of cars a day
07:52PM 15 surrounded by shoppers and residents and so forth.
16 People find a place to buy their gas. You have
17 gas stations here in Yorkville and people go
18 there. They buy gas all over. So all you are
19 doing is dividing up the pie by sticking a gas
07:52PM 20 station on a nice really residential area. So
21 business can still take place there because it is
22 approved but a gas station is inappropriate.
23 Thank you.
24 CHAIRMAN LUCIETTO: You have your hand
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1 up?
2 AUDIENCE MEMBER: Good evening. My name
3 is Oliver Klack. I live at 3524 Cannonball Trail.
4 It is about a half a mile up from this property.
07:53PM 5 I don't have a lot to add other than I support
6 Martha's position. The one thing that I noticed
7 tonight is the mention about the lighting. I
�
8 would like to remind the planning Council that
9 Kendall shopping center talked a great deal about
07:53PM 10 the lights. When they opened Home Depot, I can
11 get up 24 hours a day without turning on my
12 lights. It makes very bright lights and
13 completely violates the essence of what they told
14 us they weren't going to do. I'm of -raid the same
07:54PM 15 thing will happen here. Please consider that.
16 CHAIRMAN LUCIETTO: Do we have anyone
17 else? Robyn?
18 AUDIENCE MEMBER: I'm Robyn Sutcliff,
19 Third Board Alderman for the City of Yorkville. I
07:54PM 20 apologize. I was about 20 minutes late so I hope
21 these weren't a repeat of something that was
22 covered previously.
23 I'm kind of here -- I have looked
24 at the plan briefly and am concerned about the
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1 runoff. I do hate to sound like a broken record,
2 but we do have a finite resource, which is water.
3 And I want to know, this is very close to
4 Blackberry Creek, which is an A -rated creek, and
07:54PM 5 there is very few of those left in our state, and
6 I want to know how this increase from grass and
7 prairie into blacktop where nothing's going to go
8 into it, I wonder what the plan might be for
9 filtration? And also, obviously, if we do end up
I
07:55PM 10 with this use here, there is going to be quite a
11 bit of contamination, not necessarily -- I don't
12 know from the tanks underneath but just from the
13 oil and the gas just on top of the pavement and
14 obviously water hits that, runs off,- and I wonder
07:55PM 15 if there is any kind of plan for that, vegetative
16 cleansing, or any kind of cleansing program that
17 you have all thought of. Those are mainly
18 concerns I have had. I appreciate everyone coming
19 out.
07:55PM 20 CHAIRMAN LUCIETTO: Dan? Can you answer
21 that one?
22 MR. KRAMER: I don't know if that's it
23 or if you want to let everybody go?
24 CHAIRMAN LUCIETTO: Do you want to do
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1 them all at once? Okay. Is there anybody else?
2 We have got one more.
3 AUDIENCE MEMBER: Good evening. My name
4 is Art Maraska. I live at 1010 John Street, about
07:56PM 5 a block half or maybe two blocks from the proposed
6 site. I was around when this was originally set
7 up as a PUD. I agree it was and was set and there
8 was a lot of work put into it. But I also believe
9 that anybody has a right to ask for change.
07:56PM 10 That's part of the deal too. There is nothing
11 that says once it is done, it is done in stone.
12 You always get the chance. Until it is built and
13 developed that's a possibility.
14 Now, personally, I don't think what
07:56PM 15 goes here is going to effect values, property
16 values, environment, anything any more than
17 anything that's already there. In fact, I would
18 suggest that some of my neighbors might think the
19 fact that the jail expanded probably has more
07:57PM 20 effect on some of the things that are going on in
21 our immediate area.
22 I do have a concern that if a
23 service station is to go there that -- number one,
24 that the City would have the competent people to
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1 make sure that any inspections, to make sure that
2 as the equipment is put in, is done correctly. I
3 don't know if we have that capability on our staff
4 or not?
07:57PM 5 AUDIENCE MEMBER: State Fire Marshall's
6 office.
7 AUDIENCE MEMBER: That's a state
8 regulated group? Okay. That to me would be the
9 most important thing, because to me, again,
07:57PM 10 technology is -- along the Fox River itself there
11 are areas where there is gas stations within 100
12 feet or 150 feet of the river itself. So they do
13 exist, they do work, and there have been no major
14 issues with them. Can happen but it- would need to
07:57PM 15 be something that is looked at correctly.
16 You know, it is going to be your
17 decision,.whether you decide to allow the PUD to
18 be changed. It was a good PUD that was put
19 together but, again, I don't see that -- you know,
07:58PM 20 there is no reason that someone cannot ask to have
21 it changed and I don't see anything particularly
22 wrong with this. That's my comment.
23 CHAIRMAN LUCIETTO: Anyone else?
24 AUDIENCE MEMBER: Can I make another
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1 comment?
2 CHAIRMAN LUCIETTO: Yes, you may, Vern,
3 but you have to do it up here.
4 AUDIENCE MEMBER: We did talk quite a
07:58PM 5 bit about contamination. One of the biggest funds
6 in the State of Illinois is called the Superfund
7 and that's for pollution and pollution of gas
8 stations. They have even stopped with the other
9 funds that they used to use and they are now
07:58PM 10 channeling most of their stuff into the Superfund.
11 Double -wall tanks have been around
12 for a long time. They really have. They still
13 leak. I know everybody says they don't, but
14 somebody shuts off the TLS 350 and they can do
07:59PM 15 whatever they want. Just click, they can do
16 whatever they want, doesn't make any difference.
17 True?
18 CHAIRMAN LUCIETTO: Anyone else? Okay.
19 I'm looking for a motion to close the public
07:59PM 20 hearing.
21 MR. SCHILLINGER: So moved.
22 MR. LINDBLOM: Second.
23 CHAIRMAN LUCIETTO: Time out.
24 MR. KRAMER: I thought you wanted me
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1 before you are closed the public hearing.
2 CHAIRMAN LUCIETTO: We do, sorry.
3 MR. KRAMER: Thank you. With respect to
4 most of the comments, again, we are certainly
07:59PM 5 taking into account the opinions of the neighbors.
I
6 We don't always agree but we respect them and I
7 think Art said it best. We are doing this the
I
8 proper way. Nobody's doing this under the cover
9 of darkness. There is a petition filed. We've
07:59PM 10 enumerated the items they would like to change.
11 We have tried to give some logical reasons why,
12 and, again, I think if you just look at the old
I
13 PUD agreement, which referenced the ordinances we
14 had at the time, and we are always proud of those
08:ooPM 15 at the time but life does move on, different
16 issues come up, and we learn different things.
17 And the standards between landscaping setbacks and
18 engineering standards between 2000 and 2008 in the
19 City of Yorkville are light years different. And
o8:ooPM 20 the petitioner has said we are willing to live
21 with those much, much tougher new standards.
22 Nobody's here asking for sympathy
23 or saying, gee, you owe us a living. Mr. And
24 Mrs. Oliver and their son bought the property
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1 knowing full well that there is a PUD in place,
2 but they are also members of the community and
3 having gone to school here and having lived here
4 for 30 years, they are not blind to the changes
08:OOPM 5 that have happened to the community either. To
6 suggest that that corner is a quiet residential
7 area begs the question -- you folks all drive by
8 there every day. Probably at this point in your
9 lives a lot of you avoid it when you can every day
08:01PM 10 because of the commercial nature.
11 And so we are trying to put this in
12 in a sensitive manner with the buffering, with the
13 landscaping. We think we have come up with a much
14 better way to build a mouse trap when we moved the
08:01PM 15 road to the south to get it away from Mr. Klack
16 and Mr. Miller's property and have that all green
17 area.
18 Again, that's a substantial change
19 from the old PUD but we think it is a good change.
08:O1PM 20 The places where the most intense activity would
21 take place on the site are on the Route 34 end,
22 not the north end that's adjacent to the
23 agricultural or the residential uses. We haven't
24 talked about economic benefit to the City and
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1 certainly shouldn't make the decision in a vacuum
2 solely for the economic benefit of the city but it
3 is not a bad factor to look at either. In a
4 similar -sized station to what this station would
08:02PM 5 be, the proposed operator is currently paying the
6 State of Illinois very close to $230,000 for the
7 last year for sales taxes. And that number with
8 the price of gasoline looks like it will approach
9 300,000 this year, and that's based on market
08:02PM 10 study and what type of business they think they
11 would do here.
12 Will we split the pie of what's
13 here? No. What's going to happen -- and the
14 reason Kohl's is at that location and the reason
08:02PM 15 Home Depot is at that location, they didn't build
16 those to syphon off their customers from Oswego or
17 the west side of Aurora or Orchard Road. They
18 built the stores out here on the belief that there
19 is going to be growth out here in Yorkville and
08:02PM 20 the Kendall County area and this gas station will
21 capture the growth. It is not just splitting the
22 pie but you are looking at a new job creation of
23 this Route 34 corridor of approximately 2000 more
24 jobs and people will need services and we believe
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I
1 we provide them at that location.
2 So we believe the changes that we
3 have itemized to the PUD are reasonable. We are
4 not asking for sympathy. We are just asking for
08:03PM 5 common sense, and we ask that you recommend
6 approval of those changes to the City. Thank you.
7 CHAIRMAN LUCIETTO: Okay. We have a
8 motion to close the public hearing and a second.
9 Are we still agreeing with that, Brian and Tom?
08:03PM 10 MR. SCHILLINGER: You bet.
11 CHAIRMAN LUCIETTO: All in favor say
12 aye.
13 (Chorus of ayes.)
14 CHAIRMAN LUCIETTO: Oppose -d, nay?
08:03PM 15 (No response.)
16 (Whereupon a portion of the
17 hearing was had but not herein
I
18 transcribed.)
19 CHAIRMAN LUCIETTO: Okay. I'm looking
08:28PM 20 for a motion to open PC 2008 dash 13.
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21 MS. ADAMS: So moved.
22 COMMISSION MEMBER: Second.
23 CHAIRMAN LUCIETTO: All in favor say
24 aye.
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I
1 (Chorus of ayes.)
2 CHAIRMAN LUCIETTO: Not in favor, nay.
3 (No response.)
4 CHAIRMAN LUCIETTO: Okay. I will read
08:28PM 5 the description into the record for you. PC 2008
6 dash 13, Cross Evangelical Lutheran Church,
7 petitioner, has filed an application with the
8 United City of Yorkville, Kendall County, Illinois
9 requesting annexation and zoning from Kendall
i
08:28PM 10 County A -1 farm special use PUD allowing for uses
11 within R -1 single - family residential and B -3
12 service business districts. The real property
13 consists of 25 acres located at 7481 Mill Road,
14 Oswego, Illinois 60543. The action -items are
08:29PM 15 zoning and annexation.
16 MR. JOYNER: Thank you, Madam Chairman.
17 Let me ask a preliminary question first. Is
18 anyone on the audience here on this petition?
19 CHAIRMAN LUCIETTO: Can I ask you to
08:29PM 20 identify yourself on the public record, please?
21 MR. JOYNER: Wade Joyner, J- o- y- n -e -r,
22 for the petitioner. I don't have a big blow -up,
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23 but I do have these so they are here to look at if
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24 you would like.
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1 CHAIRMAN LUCIETTO: If you guys would
2 like to come forward and sit closer, that's fine.
3 MR. JOYNER: I will -- you guys can pass
4 those around. I think the members all have
I
08:30PM 5 copies. As you may know, on the existing site
6 there is the Loving Arms day -care center -- and
7 I'm sorry, one more thing, Terri Meyers is here as
I
8 well on the building committee of the church
9 helping to represent me, and if he has anything to
08:30PM 10 say, I will call over to him.
11 But the Loving Arms day -care center
12 is currently on this 25 -acre site. It is owned by
13 Cross Lutheran Church, the property is. The good
14 news is that -- two things, Loving Arms is doing
08:30PM 15 very well and there is a waiting list and so we
16 are looking to -- they are looking to expand.
17 And, in addition, to all the growth that's
18 occurring primarily because of the reserve, Cross
19 would like to plant a church on that site to be
08:31PM 20 closer to that -- the northern part of Yorkville
21 and serve that community. To that end what we are
I
22 currently doing and have the funding for an -- an
23 addition to the Loving Arms building of
24 approximately 24,000 feet. And going through that
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1 process and, you know, talking to various people
2 we have concluded that it makes a lot of sense to
3 go ahead and annex the property into the United
4 City of Yorkville versus remaining unincorporated.
08:31PM 5 That will help us hook into the sanitary sewer and
6 water, which will help with the sprinkler system
7 and those requirements and it just makes sense
8 given its location to the United City of
9 Yorkville.
08:32PM 10 So that is why we are before you
11 seeking annexation, and then as a church we are
12 seeking residential zoning because under your
13 ordinance that is, you know, where a church goes.
14 One thing that came up during this process -- and
08:32PM 15 this gets to why we are asking for a portion of
16 the property to be allowed as a business use -- is
17 that the property to the west has been zoned by
18 Yorkville for commercial use as well as another
19 church but a substantial portion of it is
08:32PM 20 commercial use and including the area of the
21 property directly adjacent to our property. And
22 so it was our thought that if we can carve out a
23 portion of our property with business zoning, it
24 would create the possibility that if and when a
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1 commercial developer wanted to develop the
I
2 commercial portion of the property to the west
3 that we would also have some land for that
4 developer as well.
08:33PM 5 You know, I do commercial
6 development and I wouldn't anticipate -- never say
7 never -- but I wouldn't anticipate that a
I
i
8 commercial user would want to use our property for
9 a commercial use in the absence of the adjacent
08:33PM 10 land -owner also being a commercial use. So I
11 think with the adjacent land -owner having a
12 commercial use, it is an appropriate fit and,
13 frankly, could be a source of income for the
14 church, which would help our budget-and help us be
08:34PM 15 able to build there sooner.
16 So what you have before you is a
17 planned unit development where you see the
18 existing building in the annexation and the
19 related detention and parking in the concept plan
08:34PM 20 and the rest of the property we have what I would
21 just call a zoning diagram or a use diagram
22 showing the area that we plan on using for our
23 community center, worship center, and then the
24 area which we would like to set aside as business.
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1 There was a prior iteration of this plan which had
2 more detail to it on the conceptual parts but,
3 again, in working through that -- to some extent
4 talking to staff also -- it just didn't seam to
08:35PM 5 make sense to us to have buildings for, you know,
6 this use or, you know, a thrift store or a church
7 here or, you know, ball fields exactly there when
8 frankly we really don't know when or where we are
9 going to, you know, put those things.
08:35PM 10 So for purposes of the annexation
11 we would simply like to show kind of the results
12 of where we are thinking of doing things, and as
13 the project progresses as we get money, etcetera,
14 etcetera, then we would come in for-those areas
08:35PM 15 with -- for final approval and platting.
16 So if I can repeat a little bit,
17 for now we are going to rezone the property with
18 PUD for these two uses and then for specific --
19 the specific uses we are going to do now is the
08:36PM 20 existing Loving Arms with the addition that's
21 going to be put on. Briefly we have met with
22 staff a couple of times, and I think if you look
23 at their report, it is pretty self - explanatory.
24 We are fine with all the comments with one
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1 exception -- it is not really an exception because
2 we spoke with Joe Ryerot in our second meeting and
3 he agreed, in fact he suggested it -- and that is
4 that we have our driveway entrance and eventually
08:36PM 5 at Grand Reserve on the other side of Mill Street
6 has a public street that's going to be going
7 there. Now, he said ideally you would want 400
8 feet of separation. I think we have 290 feet of
9 separation so we are short a little bit.
08:37PM 10 Mr. Ryerot indicated that he would
11 not be requiring us to move our driveway, which is
12 costly, but that he would encourage us to do it if
13 we could find a way to do it with respect to the
14 future planning. And certainly we are open to
08:37PM 15 doing it if it could work for us financially
16 otherwise to do it, but at present I don't think
17 we are going to be able to do that. And I think
18 Mr. Ryerot said that's okay if we can't do it but
19 to keep it in mind if we could.
08:38PM 20 Other than that, we wouldn't have
21 any particular comments. At the moment we don't
22 need -- we have Smith Engineering telling us we
23 don't need additional detention or retention area.
24 We may need to dig out the existing a little bit
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1 deeper but we don't need any additional at this
2 point. So with that I would be happy to answer
3 any questions that anyone has regarding the
4 project. Thank you.
08:38PM 5 CHAIRMAN LUCIETTO: This is your turn.
6 If you guys do have any questions that you would
7 like to ask about the project, please come on up
8 and make sure you state your name and your
9 address.
08:38PM 10 AUDIENCE MEMBER: Tom Lansky, 56 West
11 Highland Drive. And I wonder if you have given us
12 an idea of what is in mind for the B -3 parcel.
13 MR. JOYNER: I can a little bit
14 actually. I would probably defer to Mr. Miller.
08:39PM 15 There is nothing specific that we have in mind.
16 We don't have a user in mind. You know, in
17 general it is whatever the B -3 uses would be, plus
18 I believe there is a list of uses that is part of
19 the PUD agreement the City requests that we
08:39PM 20 exclude, adult uses and things likes that, which
21 we don't have a problem with. But I guess I will
22 see if Mr. Miller would be able to clarify kind of
23 a general categories of uses.
24 MR. MILLER: The zoning ordinance -- the
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1 way zoning ordinances are set up, there is
2 permitted uses in each zoning classification.
3 What's being requested here is a PUD, which when
4 you read through the PUD zoning, you basically --
08:39PM 5 the petitioner and the City can apply any of the
6 existing zoning classifications or uses within
7 those zoning classifications with limitations.
8 We consistently -- the Plan
i
9 Commission and City Council over the past couple
08:40PM 10 of years have looked at the zoning classifications
11 that are in the current zoning ordinance and
12 identified a handful of uses such, as tattoo
13 parlors and massage parlors and magazine stands
14 and things that there may be some concern or maybe
08:40PM 15 an interpretation today of those terms that the
16 community didn't have in 1973 when the zoning
17 ordinance was created.
18 So one of the benefits of the PUD
19 agreement, and particularly an annexation
08:40PM 20 agreement, is that's a contract between the
21 property owner and the City whereby certain
22 limitations can be put on zoning the City doesn't
23 have the luxury of in a straight zoning annexation
24 if the property were zoned and annexed to the
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1 city. It is not part of the packet tonight, but
2 there is a list of uses that consistently in the
3 past couple of years have been attached to PUD
4 agreements and annexation agreements which
08:41PM 5 basically list all the allowable uses, in this
6 case B -3 zoning classifications, and strikes out
7 and makes clear in the agreement what uses are
8 allowable and what aren't.
9 The B -3 typically are retail uses,
08:41PM 10 general commercial uses, but allow for office
11 uses, would allow for general retail activity
i
12 uses.
13 AUDIENCE MEMBER: I understand that. I
14 wondered if there was any conception at all of
08:41PM 15 what might be going in, if the church has any idea
16 of what they would like to see in there at this
17 time.
18 MR. JOYNER: We don't really have any
19 idea.
I
08:41PM 20 AUDIENCE MEMBER: Okay.
21 MR. JOYNER: As I mentioned in my
22 opening remarks, the reason we are asking for this
23 commercial use is because the property to the west
24 has the similar zoning and we feel there may be
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1 some synergy with a commercial developer who would
2 come in there.
3 AUDIENCE MEMBER: I see.
4 MR. JOYNER: But retail or commercial or
08:42PM 5 office would be the general things that could go
6 there.
7 CHAIRMAN LUCIETTO: Do we have any other
8 questions?
9 AUDIENCE MEMBER: One further thing, is
08:42PM 10 there any plan, conceptual or otherwise, at this
11 time as to how the community center, worship
12 center, where the structure and where the parking
13 would be? I'm one of the parties directly north
14 of the property and it concerns me a- little bit as
08:42PM 15 to how close the structure might be or parking or
16 what have you.
17 MR. JOYNER: There isn't at the moment,
18 and one of the reasons we are presenting this plan
19 as is is because we didn't want to just kind of
08:43PM 20 throw up a building just to show where a building
21 might go and it really not have any relationship
22 to what we do two, three, five, ten, who knows how
23 many years, down the road. I can tell you in
24 general that the PUD agreement and annexation
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1 agreements will incorporate Yorkville's ordinances
2 and the staff comments in their report, which
3 require berming and buffering to make sure that,
4 you know, you are protected from that sort of
08:43PM 5 thing. There are also minimum setbacks from the
6 property line we have to comply with. There are
7 also design guidelines for Yorkville's
8 comprehensive plan, which require that if we were
9 to build a church or worship center, that it
08:44PM 10 would -- residential in character is not quite the
11 right word but that it would be in harmony with
12 the neighborhood.
13 And the other thing is that when we
14 do eventually do a worship center, we would come
08:44PM 15 back before the City with a plan that shows what
16 the building would be, where it is going to be,
17 landscaping, parking, lighting, all that stuff,
18 and so when we came back with that you would have
19 a chance to -- it is not as if we can approve this
08:44PM 20 and we can slip in and get a permit. We are going
21 to have to go through a public process again for
22 that.
23 AUDIENCE MEMBER: Okay.
24 CHAIRMAN LUCIETTO: Is that it? Go
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1 ahead.
2 AUDIENCE MEMBER: Hi, I'm Paul
3 VonHolden, and I live at 75 East Highland Drive,
4 just real close to that -- the neighbors down
08:45PM 5 there in Bristol. And a few years ago when this
6 Cross Lutheran put up the day -care center and it
7 was all put forth, I mean, their constant saying
8 was that we want to be a good neighbor, we want to
9 be a good neighbor to the Storybook subdivision
08:45PM 10 there, and so far it has been pretty good. And
11 I'm just hoping that will maintain through the
12 whole process here in the future, because I'm kind
13 of concerned with looking at -- can I borrow this?
14 Looking at this here,- I mean, we
08:45PM 15 have the whole Storybook subdivision right here.
16 I mean, if a ball field was put in right there or
17 parking lots, I mean, that could be very
18 disruptive with our private lives that we have
19 grown to love living where we live. And, I mean,
08:46PM 20 I'm still wanting to be, you know -- go with the
21 good neighbor of Cross Lutheran but I hope Cross
22 Lutheran strongly considers to be a good neighbor
23 to us too. And that would be my point. I guess I
24 don't really have anything to comment on right now
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1 because there is nothing to really structurally
2 comment on as such. So B -3 zoning, that could be
3 alike a strip mall right there? But no gas
i
4 station?
08:46PM 5 MR. MILLER: That would require a
6 special use.
7 AUDIENCE MEMBER: Okay. And there would
i
8 be appropriate berming if the church was built in
9 here with trees and such and -- because the last
08:47PM 10 time I was here, I saw the plan that had a
11 retention pond was going to be right here in the
12 corner but that's now pretty much gone.
13 MR. JOYNER: Correct.
14 AUDIENCE MEMBER: Okay.
08:47PM 15 CHAIRMAN LUCIETTO: What you see is what
16 they are proposing and they are asking again for
17 zoning and annexation, like I stated earlier.
18 Some of those things like berming -- some of the
19 things can actually become part of the PUD and
08:47PM 20 then they would have to abide by that. And,
21 again, from what I'm hearing -- tell me if I'm
22 wrong -- that will probably be something you would
23 be willing to work with the residents on?
24 MR. JOYNER: Yeah. We are in the
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1 business of trying to be good neighbors so we
2 would want to work with them to make it work. As
3 I said before, all we are physically doing on the
4 site right now is adding this expansion to the
08:47PM 5 existing facility and, you know, the rest of it
6 would have to come in before you -- before the
7 Board again to get final approval of all of that.
8 And the agreement that we are going to put
9 together does talk about putting in berming and
08:48PM 10 landscaping and phasing if and when we build out
11 there.
12 AUDIENCE MEMBER: Okay. And there would
13 be no reason or no plan whatsoever to open up east
14 Highland into this church area here? -
08:48PM 15 MR. JOYNER : Yeah. We don't have any
16 plans to do that and we are well aware that the
17 residents do not want that coming through there.
18 AUDIENCE MEMBER: Yeah, we shot that
19 down a few years ago, okay. All right. Thank
08:48PM 20 you.
21 CHAIRMAN LUCIETTO: Thank you. Is that
22 it? Can I have a motion to close the public
23 hearing?
24 MR. CROUCH: So moved.
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1 CHAIRMAN LUCIETTO: Second?
2 MR. SCHILLINGER: Second.
3 CHAIRMAN LUCIETTO: Okay. All in favor
4 say aye?
08:49PM 5 (Chorus of ayes.)
6 CHAIRMAN LUCIETTO: Opposed, nay?
7 (No response.)
8 (Whereupon a portion of the
9 hearing was had but not herein
10 transcribed.)
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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 had at the
6 hearing of the above - entitled cause and that the
7 foregoing Report of Proceedings, Pages 3 through
8 70, 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
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.
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1 In testimony whereof, I have
2 hereunto set my hand this 8th day of July, A.D.,
3 2008.
4
5 G
6 Lynette J. eal
7 CSR No. 084 - 004363
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