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Plan Commission Minutes 2008 05-14-08 Page 1 of 6 APPROVED 7/9/2008 I UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY COUNCIL CHAMBERS Wednesday, May 14, 2008 7:00pm Chairman Anne Lucietto called the meeting to order at 7:00pm. Roll Call: Present: Charles Kraupner Brian Schillinger Tom Lindblom Clarence Holdiman Michael Crouch Anne Lucietto Absent: Sandra Adams, Jack Jones, Jeff Baker, John Hegeler Other Citv Staff: Travis Miller, Community Development Director Stephanie Boettcher Guests: Matt Schury, Kendall County Record Pete Huinker, SEC Group Scott Underwood, Titanium Development Group Lynn Dubajic, YEDC Ben Underwood, Titanium Investment Properties Scott Underwood, Titanium Investment Properties Tom Nealey, Growmark, Inc. Richard Scheffrahn Larry Saravanos, Saravanos Properties, Inc. Gary Neyer, RMA, Inc. Kelly Kramer, Attorney Lynette Neal, Depo Court A quorum was established. Minutes: The minutes from February 13 were approved on a motion and second by Lindblom and Crouch respectively. Unanimous approval by voice vote. The March 12 minutes were also approved on a motion and second by Schillinger and Crouch respectively. Unanimous approval by voice vote. Page 2 of 6 Public Hearings: N. PC 2008 -05 This Public Hearing for Cross Evangelical Lutheran Church for a special use /day care, had been withdrawn at their request. I At this time, Chairman Lucietto swore in those who would give testimony during the public hearings. 2. PC 2008 -10 Titanium Investment Properties filed an application for a special use for a day care in Prairie Point Subdivision, Crimson Lane. The Public Hearing was opened on a motion by Crouch and second by Kraupner. This motion was approved on a unanimous voice vote. Travis Miller presented a staff report and Scott Underwood of Titanium Investment Properties and Children of America reviewed the request. (See Court Reporter's transcript of Public Hearing A motion was made by Crouch and seconded by Schillinger to close the Hearing. The Hearing closed on a unanimous voice vote. i Discussion: This day care currently has facilities on the east coast and is expanding in this area based on very favorable demographics and income levels. Lindblom questioned that there were only 39 parking spots. Underwood stated that the 180 kids are dropped off at varying times resulting in adequate parking. He added that on any given day, only 80% of the students are actually in attendance. There was discussion of the lot on which the facility will be built. Underwood said that the original lot was odd - shaped resulting in a difficult layout design. A portion of the adjoining lot was split off and added to the day care lot. Crouch noted a comment in the Plan Council minutes that said the remainder of lot 2 is buildable. He also noted a comment by Ms. Kurtzmann that says it is non - buildable and is landlocked. He asked for clarification of these conflicting statements. Travis Miller explained that lot 2 has access by way of lot #1. He also said there will have to be a plat of subdivision and clarified that the remainder of lot 2 is buildable. Peter Huinker also spoke briefly about cross- access easements and ingress /egress in the subdivision. It was noted that specific locations on the maps are needed for these requests that come before the Plan Commission, so that the exact location is clear. I i Page 3 of 6 Action Item: Special Use A motion was then made by Crouch and seconded by Schillinger to approve the request for the special use for a day care. Roll call vote was taken: Schillinger -aye; Lindblom -aye; Holdiman-aye; Crouch -aye; Kraupner -aye; Lucietto -aye. Motion passed unanimously. 3. PC 2008 -08 DTD Investments filed an application requesting an amendment to the PUD agreement. The property consists of 4.21 acres on the east side of Route 47, north of Route 71. i A motion to open the Public Hearing was made by Kraupner and seconded by Holdiman. Unanimous approval on a voice vote. Attorney Kelly Kramer spoke on behalf of the petitioner. (See Court Reporter's transcript of Public Hearing) It was moved and seconded by Crouch and Holdiman respectively, to close the Public Hearing. Motion approved on a unanimous voice vote. Discussion: The petitioner is seeking an amendment to change setbacks, moving the southern lot line of the northern lot, north from the previous drawing. This would allow for a 37 foot rear setback and 13 foot side yard. They are also seeking to locate the sidewalk outside of the right of way. The location is directly north of the County Highway Department. Action Item Amendment to the Planned Unit Development Agreement Crouch moved to approve the amendment to the PUD and Lindblom seconded the motion. Roll call vote: Schillinger -aye; Lindblom -aye; Holdiman-aye; Crouch -aye; Kraupner -aye; Lucietto -aye. Motion approved unanimously. 4. PC 2008 -03 The City is considering amending Chapter 14, Section 10- 14.7(B) 2 of the Zoning Ordinance to require applicants to give notice to the owners or occupants of other properties affected by annexation, re- zoning and special use requests. A motion was made by Crouch and seconded by Holdiman to open the Public Hearing. Unanimous approval. (See Court Reporter's transcript) Holdiman then moved to close the Hearing and Kraupner seconded. It was approved unanimously on a voice vote. Page 4of6 Discussion: The purpose of the amendment is to update the Zoning Ordinance. It would require that certified notices of zoning requests be sent to property owners within 250 feet, reduced from the previous 500 feet. The amendment also specifies that the Zoning Officer role is assumed by the Community Development Director. Schillinger questioned the reduction to 250 feet. He suggested the distance requirements be broadened beyond 500 feet, that cost- effectiveness should not be the only consideration and that all complaints should be heard. Crouch agreed and said that decreasing the footage sends the wrong message. The method of measuring 250 feet from the subject property was also discussed. Miller said the City goes above and beyond in the notification process. Action Item: Amendment to Ordinance Crouch made a motion and Schillinger seconded to: 1) recommend the amended verbage, 2) keep the 500 feet measurement distance 3) clarify the procedure for taking that measurement. Roll call vote: Lindblom -aye; Holdiman-aye; Crouch -aye; Kraupner -aye; Schillinger -aye, Lucietto -aye. Unanimous approval. New Business: 5. PC 2008 -09 Elefterios Saravanos filed an application requesting a preliminary plan and final plat regarding 9.47 acres located on Saravanos Way, west of Route 47 and south of Route 71. Pete Huinker of Smith Engineering spoke on behalf of the petitioner who wants to subdivide the property for future uses. Lucietto said a map is needed to show the actual location. Action Items: Preliminary Plan It was moved and seconded by Crouch and Holdiman respectively, to approve the preliminary plan. Roll call vote: Lindblom -aye; Holdiman-aye; Crouch -aye, Kraupner -aye, Schillinger -aye, Lucietto -aye. Approved unanimously. Final Plat Crouch and Schillinger respectively moved and seconded to approve the final plat. Roll call vote: Schillinger -aye; Kraupner -aye; Crouch -aye; Holdiman-aye; Lindblom -aye; Lucietto -aye. Approved unanimously Page 5 of 6 6. PC 2008 -07 Richard Marker Associates filed an application requesting a Mile and '/ Review of the current A -1 zoning to a zoning classification of B -3. The 4.93 -acre property is located at the southeast corner of Rt. 47 and Ament Rd. Gary Neyer from Richard Marker & Associates was present to request a change of zoning classification to B -3 on a 5 -acre parcel at the corner of Rt. 47 and Ament Rd. The PUD agreement expired last year and his company is seeking to market this property. Neyer said that a gas station had been approved as a possible use there. Crouch commented that the zoning is not consistent with the City Comp Plan. Miller said City staff recommended to approve the B -3 County zoning with conditions: 1. The County will be asked to be mindful of the City design code 2. Recommendation to buffer yards consistent with Comp Plan 3. Consider site principals 4. Limitations on utilities Lindblom voiced concern over the B -3 County zoning, saying it would be a special use for the City. While it is not contiguous now, Crouch asked if it would retain the B -3 zoning if it was annexed. Miller replied that it would automatically become R -1. It was also noted that there is similar property not in the City, but surrounded by Yorkville. Potential tax money could be lost if excluded from the City. Action Item Mile and % Review A motion was made by Crouch and seconded by Schillinger as follows: 1) this Commission will advise the County to review the City B -3 zoning ordinance for possible uses 2) ask County to consider that this area could become the gateway to the City, 3) ask County to consider this area could be in the City limits in the future. Roll call vote: Holdiman-aye; Crouch -aye; Kraupner -aye; Schillinger -aye; Lindblom -aye; Lucietto -aye. Motion approved unanimously. Additional Business: It was noted by Lynn Dubajic that Target will take possession of the store in mid -June and will open approximately 5 weeks after that. They are now hiring. Chairman Lucietto said the Comprehensive Plan meetints have been held and are going well. May 28"' is the last meeting for input and June 19` will be the open house. She will make a formal presentation to the Council in the future. The Planning Consortium meeting will be held May 15 with the topic being boundary agreements. i i Page 6 of 6 Ms. Lucietto noted that the current Planning Commission Journal had an article about Comprehensive Plans. Travis Miller said the staff has been working on the zoning ordinance amendment and he will bring that forward next month. Also included in this amendment will be night sky standards and a budget item to hire a consultant to update the zoning ordinance. There was no further business and a motion for adjournment was made by Kraupner and seconded by Schillinger. Approved on a voice vote. Adjourned at 8:32pm. Minutes by Marlys Young, Minute Taker I I UNITED CITY OF YORKVILLE, ILLINOIS MEETING OF THE PLAN COMMISSION i REPORT OF PROCEEDINGS taken at the meeting of the Yorkville Plan Commission for the United City of Yorkville, taken on May 14, 2008, i at the hour of 7:00 p.m., before Lynette J. Neal, C.S.R., at Yorkville City Hall, Yorkville, Illinois. D- 847408 � 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 i 2 1 PRESENT: 2 MS. ANNE LUCIETTO, Chairman, 3 MR. MICHAEL CROUCH, 4 MR. CHARLES KRAUPNER, 5 MR. BRIAN SCHILLINGER, 6 MR. TOM LINDBLOM, 7 MR. TRAVIS MILLER, 8 MS. MARLYS YOUNG, 9 MR. CLARENCE HOLDIMAN. 10 - - - 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 3 1 CHAIRMAN LUCIETTO: I'm looking for a 2 motion to open PC 2008 -10, Titanium Investment 3 Properties. 4 MR. CROUCH: So moved. 07:02PM 5 MR. KRAUPNER : Second. 6 CHAIRMAN LUCIETTO: All in favor say 7 ay^? 8 (Chorus of ayes.) 9 CHAIRMAN LUCIETTO: Not in favor, nay? 07:02PM 10 (No response.) 11 CHAIRMAN LUCIETTO: Okay. We are open 12 for Titanium Investment Properties, PC 2008 -1'.0. 13 MR. MILLER: I will start with the staff 14 report and the petitioner is here to speak on it 07:02PM 15 as well. This request is for a special use for a 16 day -care facility on Lot 2 of the Prairie Point 17 subdivision. If you remember, last month this was 18 on the agenda, the same petitioner, same request, 19 just a different lot. 07:03PM 20 Prior to last month's public 21 hearing the petitioner made a decision to change 22 locations, has worked on an option to purchase 23 Lot 2. One sort of footnote here, even though the 24 purpose of this hearing is for you to review and DepoCourt Reporting Service (630) 983 -0030 4 1 consider the special use of the day care in the 2 B -3 classification, footnote, notice on the site 3 plan presented the petitioner is only anticipating 4 to acquire a portion of Lot 2. They are here 07:03PM 5 seeking approval of special use. If that approval 6 is moved forward and granted for this lot, we 7 would expect to see a subdivision plat to be 8 submitted showing, you know, how this lot would be 9 divided for development. But at this point 07:03PM 10 petitioner is just assuring that a day -care use is 11 acceptable in your opinion and seek Council's 12 approval on this location. 13 The statute coordinates include 14 criteria on zoning, that's Section 10146 of the 07:04PM 15 city zoning's ordinance. There are six criteria 16 that should be considered by the plan commission 17 when you are considering a special use. So I 18 would just advise you to make sure you review 19 those. 07:04PM 20 MR. LINDBLOM: I'm a little confused as 21 to where this is in relation to the rest of the 22 lot. It doesn't show anything. 2 3 MR. CROUCH: I have the same concern. 24 MR. LINDBLOM: There is no street names, DepoCourt Reporting Service (630) 983 -0030 5 1 no locations. I know where the subdivision is 2 but -- 3 MR. CROUCH: Same thing. I was looking 4 to identify where this is. 07:04PM 5 MR. LINDBLOM: In other words, where is 6 this in relation to Smith Engineering's building, 7 for example? i 8 MR. MILLER: I'll have petitioner, if 9 they have a map that's better than what was 07:05PM 10 submitted - - 11 MR. UNDERWOOD: This is - what I have. I 12 don't know if it is the same thing. This is the 13 Smith Engineering building right here, if it helps 14 at all. 07:05PM 15 MR. LINDBLOM: Is this McHugh? 16 MR. MILLER: No, that's Prairie Point. 17 MR. MILLER: So McHugh would be to the 18 west and Countryside Parkway would be to the 19 south. Post office would be to the south, 07:05PM 20 southwest. 21 MR. LINDBLOM: Down here somewhere. 22 MR. MILLER: Right. 23 MR. LINDBLOM: Okay. 24 CHAIRMAN LUCIETTO: He is our DepoCourt Reporting Service (630) 983 -0030 . I 6 1 petitioner? 2 MR. MILLER: Yes. With that I'll turn 3 it over to the petitioner, if there is any other 4 questions. Okay. 07:06PM 5 MR. UNDERWOOD : Scott Underwood. I am 6 here representing the Titanium Investment 7 Properties and Children of America, who is the -- 8 who will be the child -care provider in the 9 facility they are asking for. I guess I'm just -- 07:06PM 10 I'm here to answer as many questions as you have, 11 to give you as much input as I can. I can give 12 you a brief description of Children of America or 13 however you would like me to proceed, I guess. 14 CHAIRMAN LUCIETTO: Tell us a little bit 07:06PM 15 about the company itself. 16 MR. UNDERWOOD: Okay. Children of 17 America is based out of Delray Beach, Florida. 18 They are a national day -care provider, mainly on 19 the east coast right now, Virginia, Pennsylvania, 07:06PM 20 New Jersey, and the New York area. They have 21 little over -- they have, I think, 21 locations 22 open on the east coast right now. They are making 23 a move into the Midwest right now. We are looking 24 as their developer to build 30 to 40 of these DepoCourt Reporting Service (630) 983 -0030 7 1 facilities for them in the Chicago area. Their 2 goal within the next ten years is to have 300 3 locations. 4 The operators of Children of 07:07PM 5 America are a company called Tutor Time. It is a 6 worldwide child -care corporation now. They were 7 principals there and spun off of that company to 8 start Children of America on their own. The 9 facilities are 10,000- square -foot single -story 07:07PM 10 buildings. They have a two -story facade with a 11 mix of brick and other things as the prototype. 12 Going through some of the things that the City -- i 13 we understand that some of the cities require all 14 brick and those type of things. 07:07PM 15 But it is a facility, the size to 16 fit 183 children at a maximum. That's all 17 controlled by the welfare services and everything, 18 nothing with building codes, but it is dictated by 19 them. They typically operate at about a 07:07PM 20 75- percent occupancy rate. They don't try to fill 21 up the entire facility. That's the way it lays 22 out with 183 kids of different ages. 23 Each one of the facilities has a 24 3500 - square -foot play area in the rear completely DepoCourt Reporting Service (630) 983 -0030 8 1 fenced in with a privacy fence all done by Little 2 Tikes with artificial grass and everything that 3 goes with that. 4 The couple things that are 07:08PM 5 important with traffic flow, Children of America 6 does not allow drop -off of the children. They 7 don't pull up and drop off a child and he or she 8 walks in no matter how old they are. The parent 9 has to come in, walks through an entry door, key 07:08PM 10 codes in at a computer terminal that sits in the 11 entry, and then the door unlocks and allows them 12 to check the child in. They have to have a 13 special password to get the child in or out. They 14 have to park in the parking lot and them in 07:08PM 15 and physically walk back to the parking lot. 16 There's no drop off lanes or anything like that. 17 MR. SCHILLINGER: You say no drop -off 18 lines but, just out of curiosity, personal 19 curiosity, does your facility also shuttle back 07:09PM 20 and forth to kindergarten? 21 MR. UNDERWOOD: We do. They won't right 22 away. It takes some time to do that, but what 23 they do is the children that are in -- that go to 24 school, they offer that service to them, where the DepoCourt Reporting Service (630) 983 -0030 9 1 parents will come and drop them off at the 2 facility and then they will take them at that 3 point and pick them up and drop them off at the 4 facility. 07:09PM 5 MR. SCHILLINGER: No, but just for the 6 half -day kindergartners. 7 MR. UNDERWOOD: Exactly. 8 MR. SCHILLINGER: Personal question, 9 sorry. 07:09PM 10 MR. UNDERWOOD: I think they are usually 11 two to three years before they offer that service. 12 They ramp up their facilities in a timely but 13 relatively slow period to make sure that they are 14 handling everything correctly. 07:09PM 15 CHAIRMAN LUCIETTO: Why don't we 16 entertain a motion to close the public hearing. 17 MR. CROUCH: So moved. 18 CHAIRMAN LUCIETTO: Do we have a second, 19 Brian? 07:lOPM 20 MR. SCHILLINGER: Sure, second. 21 CHAIRMAN LUCIETTO: All in favor say 22 aye? 23 (Chorus of ayes.) 24 CHAIRMAN LUCIETTO: Not in favor, nay? DepoCourt Reporting Service (630) 983 -0030 i i 10 1 (No response.) 2 (Wherein a portion of the hearing 3 was had but not herein 4 transcribed.) 07:20PM 5 CHAIRMAN LUCIETTO: Okay. Our next 6 public hearing is PC 2008 -08 which is DTD 7 Investments. I'll take a motion to open the 8 public hearing. 9 MR. KRAUPNER: So moved. 07:26PM 10 CHAIRMAN LUCIETTO: Second? 11 MR. HOLDIMAN: Second. 12 CHAIRMAN LUCIETTO: All in favor say 13 aye? 14 (Chorus of ayes.) 07:27PM 15 CHAIRMAN LUCIETTO: Not in favor say 16 nay. 17 (No response.) 18 CHAIRMAN LUCIETTO: We are in public 19 hearing. 07:27PM 20 MS. KRAMER : Good evening. Kelly Kramer 21 on behalf of the petitioner, DTD Investments. We 22 are here tonight seeking a recommendation for the 23 approval of an amendment to an existing planned 24 unit development agreement. In a meeting with DepoCourt Reporting Service (630) 983 -0030 11 I staff discussion regarding the right -of -way 2 dedication setback came up. We are seeking to 3 essentially move the northern lot line of the -- 4 or, I'm sorry, the southern lot line of the 07:27PM 5 northern lot, being Lot 2 of the property, north 6 from the previous drawing allowing for an increase 7 in the -- in the compliance of the 30 -foot 8 building setback pursuant to staff's comments. 9 Additionally we are looking to 07:27PM 10 locate the sidewalk along Fountain View Drive 11 within the -- or outside of the right -of -way and 12 it would be a seven -foot pedestrian easement for 13 the sidewalk. So essentially the building setback 14 on Lot 3 would be 37 feet and the side yard 07:28PM 15 setback would be approximately 13 feet. 16 CHAIRMAN LUCIETTO: Travis, you want to 17 share yours? 18 MR. MILLER: Sure. This property was 19 annexed, gosh, what was the date on this, last 07:28PM 20 year. At the time that this property was annexed, 21 there was language put in the annexation agreement 22 contemplating the setback on Lot No. 3 and the 23 petitioner agreed -- the best way to explain this 24 is they were willing to construct the width of the DepoCourt Reporting Service (630) 983 -0030 12 1 street -- their concern was having buildable area 2 on the lot. They didn't want to dedicate this -- 3 it was going to be a private street. They didn't 4 want to convey right -of -way, but it was 07:29PM 5 contemplated between staff and petitioner in the 6 annexation agreement was that physically when the 7 buildings were constructed the distance from the 8 building to the edge of the pavement to the road 9 would be the same as if it were a 40 -foot 07:29PM 10 right -of -way dedication, even though the 11 right -of -way isn't being dedicated and it 12 physically wouldn't be there on the plat itself. - I 13 So petitioner agreed to that. When 14 the final plats came through, we recognized that 07:29PM 15 we had -- we were basically foreseeing the 16 sidewalk -- the difference between the sidewalk 17 and the edge of the curb to be very tight. Staff 18 recognized that rather than to force them into 19 what they agreed to in the petition, it would make 07:29PM 20 more sense to push the sidewalk away and give a 21 ten -foot dimension between the sidewalk and the 22 curb. 23 What happens physically then is the 24 sidewalk becomes on the property, not the DepoCourt Reporting Service (630) 983 -0030 13 1 right -of -way. The petitioner agreed to dedicate 2 an easement for that but then that further pushes 3 the building back, which what adds up to be the 4 dimension of seven feet. 07:30PM 5 So the staff requested the 6 petitioner to adjust their setback to 37 feet as 7 opposed to 30 feet. Which the petitioner is in 8 agreement of except for that seven feet does begin 9 to squeeze the building on Lot No. 3. So staff 07:30PM 10 reviewed this and plan counsel reviewed this and 11 the collective recommendation with petitioner and 12 the staff was to allow for the side yard setback, 13 which is 20 feet under the ordinance and the under 14 the PUD agreement, to be reduced to-13 feet. 07:30PM 15 So the building envelope stays the 16 same, we get the dimension that is appropriate 17 from the street to the building line, and what 18 gets tightened up is the seven foot area on the 19 side yard setback. So the text amendment, on 07:31PM 20 Page 2 of the agreement, basically articulates 21 much more concisely than I just explained it but 22 this was -- it is complicated when you start 23 adding the numbers and -- back and forth on the 24 plat and what we are trying to achieve. Clear as DepoCourt Reporting Service (630) 983 -0030 14 1 mud. 2 CHAIRMAN LUCIETTO: Did you have any 3 more to add to this? 4 MS. KRAMER: No. 07:31PM 5 CHAIRMAN LUCIETTO: I'm assuming there 6 is no one in the public here that wishes ask any 7 questions? I will entertain a motion to close the 8 public hearing. 9 MR. CROUCH: So moved. 07:31PM 10 MR. HOLDIMAN : Second. 11 CHAIRMAN LUCIETTO: All in favor say 12 aye? 13 (Chorus of ayes.) 14 CHAIRMAN LUCIETTO: Opposed, nay. 07:31PM 15 (No response. ) 16 (Whereupon a portion of the 17 hearing was had but not herein 18 transcribed.) 19 CHAIRMAN LUCIETTO: PC 2008 -03, a 07:33PM 20 proposed amendment to the Yorkville zoning 21 ordinance. I entertain a motion to open the 22 public hearing. 23 MR. CROUCH: So moved. 24 MR. HOLDIMAN: Second. DepoCourt Reporting Service (630) 983 -0030 15 1 CHAIRMAN LUCIETTO: All in favor say 2- aye? 3 (Chorus of ayes.) 4 CHAIRMAN LUCIETTO: Not in favor say 07: 34PM 5 nay. 6 (No response.) 7 CHAIRMAN LUCIETTO: Public hearing open. 8 Travis, would you like to share with us the 9 request, please. 07:34PM 10 MR. MILLER: Actually, I'm going to pass 11 out some -- this staff report that was prepared by 12 Charles Winder, and the purpose of this amendment 13 is to bring our zoning ordinance up to speed with 14 current practices and, frankly, be c- onsistent with 07:34PM 15 the applications for zoning amendments, 16 special -use requests, annexation requests, and 17 text amendments. 18 The procedures under our 19 applications -- and these have been in practice 07:34PM 20 since prior to my arrival -- it has been the 21 practice of the office prior to community 22 development to require certain things of the 23 petitioner when an application comes in in terms 24 of public notices and sending out certified mail DepoCourt Reporting Service (630) 983 -0030 i 16 1 applications to surrounding property owners. All 2 of those things are pretty clear in the 3 applications. When you go through the zoning 4 ordinance -- actually, the current zoning 07:35PM 5 ordinance puts the burden on the plan commission 6 and basically states, you know, parties to be 7 informed of public hearings are at the discretion 8 of the plan commission, who you feel are affected I 9 by a petition. I think we heard arguments made by I 07:35PM 10 the plan commission that you feel the applications 11 in the procedures address that. 12 The advice of the City Attorney was 13 to bring the zoning ordinance up to speed, make it 14 consistent with the practices so that we are 07:35PM 15 challenged on those practices, it is very clear as 16 to what they are. And although we have never had 17 a situation where a petitioner has come to you and 18 asked who is effected, something the staff 19 handles, it makes sense to bring it up to speed as 07: 36PM 20 well. 21 This text amendment does that. We 22 also cleaned up some of the terminology, including 23 the word zoning officer as the point person, the 24 staff person responsible, and that is defined by DepoCourt Reporting Service (630) 983 -0030 17 1 the zoning ordinance already, which -- so that 2 term is -- would be myself, would be your 3 community development director, but as staff 4 changes in the future, that's something that has 07:36PM 5 been fluid in the past and will continue to be 6 fluid. It is defined by the zoning ordinance. 7 That can be delegated to really any staff. 8 So the recommendation also includes 9 one other change that you need to be aware of and 07:36PM 10 probably have some discussion about, the current 11 zoning or the current practices, current 12 applications, require petitioners to send 13 certified mail notifications to property owners 14 within 500 feet of the property with the petition. 07:37PM 15 The recommendation here reduces 16 that to 250 feet. This is -- it is a staff 17 recommendation. It is based heavily on the advice 18 of the City Attorney, who in her experience, the 19 norm for Illinois, norm for communities, is 250 07:37PM 20 feet dimension. So her recommendation was to go 21 with a lesser -- the lesser dimension, putting 22 less of a burden in terms of cost as far as 23 getting the certified mail notifications out. So 24 that's taking the liberty of making that DepoCourt Reporting Service (630) 983 -0030 18 1 adjustment here. Historically it has been 500 2 feet in Yorkville. That may take some discussion 3 to make that recommendation. Otherwise the text 4 amendment is right from the application. So I 07:37PM 5 would be happy to answer any questions you have 6 about that. I think this is a house - cleaning 7 item. 8 CHAIRMAN LUCIETTO: You have got 9 everything? I entertain a motion to close the 07:38PM 10 public hearing. 11 MR. HOLDIMAN: So moved. 12 CHAIRMAN LUCIETTO: Second? 13 MR. KRAUPNER: Second. 14 CHAIRMAN LUCIETTO: All in favor say 07:38PM 15 aye? 16 (Chorus of ayes.) 17 CHAIRMAN LUCIETTO: Not in favor say 18 nay? 19 (No response.) 20 (Whereupon a portion of the 21 hearing was had but not herein 22 transcribed.) 23 _ _ - 24 DepoCourt Reporting Service (630) 983 -0030 i 19 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 18, 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 I 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction. 22 23 24 DepoCourt Reporting Service (630) 983 -0030, 20 1 In testimony whereof, I have 2 hereunto set my hand this 12th day of June, A.D., 3 2008. 4 6 Lynette J. al 7 CSR No. 084 - 004363 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 I U advise [11- 4:18 better 11l - 5:9 CITY 111 - 1:1 couple [1] - 8:4 084 - 00436311] - 20:7 affected [11- 16:8 between [3] - 12:5, City [s] - 1:11, 1:13, criteria f21- 4:14, 4:15 1 aforesaid [1] - 19:10 12:16,12:21 7:12, 16:12, 17:18 CROUCH (71- 2:3, agenda 11] - 3:18 bit 11] - 6:14 CLARENCE [11- 2:9 3:4, 4:23, 5:3, 9:17, ages 11l - 7:22 BRIAN [11- 2:5 classification 11] - 4:2 14:9,14:23 10,000- square -foot agreed [4] - 11:23, Brian [11 - 9:19 cleaned It] - 16:22 CSR 11l - 20:7 Ill- 7:9 12:13, 12:19, 13:1 brick [2] - 7:11, 7:14 cleaning [1] - 18:6 curb 121 - 12:17, 12:22 10146 [1] - 4:14 agreement [6] - 10:24, brief [11- 6:12 Clear 11] - 13:24 curiosity [2] - 8:18, 12th 11] - 20:2 1 11:21, 12:6, 13:8, bring [3j - 15:13, clear [2] - 16:2, 16:15 8:19 13 [2] - 11:15,13:14 13:14, 13:20 16:13, 16:19 close [31- 9:16, 14:7, current [5] - 15:14, 14 (11 1:11 allow (zl - 8:6,13:12 build [1] - 6:24 18:9 16:4, 17:10, 17:11 18 Ill - 19:8 allowing 11] - 11:6 buildable 111 - 12:1 coast [z1- 6:19, 6:22 183 [2] - 7:16, 7:22 allows (1] - 8:11 building [10] - 5:6, codes [2] - 7:18, 8:10 p amendment [s1 5:13, 7:18, 11:8, collective 11] - 13:11 1 D- 84740811] - 1:22 2 10:23, 13:19, 14:20, 11:13, 12:8,13:3, comments 11] - 11:8 date 11] - 11:19 2 (s] - 3:16, 3:23, 4:4, 15:12, 16:21, 18:4 13:9, 13:15,13:17 COMMISSION 11l - day -care 131 - 3:16, 11:5,13:20 amendments 12] - buildings [2] - 7:10, 1:5 4:10, 6:18 20 (1] - 13:13 15:15, 15:17 12:7 commission (4] - America [6] - 6:7, burden 2 16:5, decision 11] - 3:21 j 2008 [z] - 1:11, 20:3 11- 4:16, 16:5, 16:8, i dedicate 12] - 12:2, 2008 -0311] - 14:19 j 6:12, 6:17, 7:5, 7:8, 17:22 16:10 13:1 2008 -0811] - 10:6 8:5 Commission [1] - dedicated [1j - 12:11 2008 -10 (2] - 3:2, 3:12 ANNE 11] - 2:2 C 1:10 dedication Iz] - 11:2, annexation [3] - communities [11 - 12:10 21 Ill- 6:21 C.S.R (1l - 1:13 11:21, 12:6, 15:16 [ ] defined [2] - 16:24, 250 Iz] - 17:16, 17:19 care s - 3:16, 4:1, 17:19 annexed 9: 4:10 - 11:19, community [2] - ,6:8,6:18,7:6 I 17:6 11:20, 19:17 I 3 certain 111 - 15:22 15:21, 17:3 1 delegated 11] - 17:7 answer 12] - 6:10, 18:5 certificate 11] - 19:17 company 13] - 6:15, Delray 111 - 6:17 3 l41 - 11:14, 11:22, anticipating (1] - 4:3 7 7 : 7 13:9, 19:7 Certified (1] 19:3 description (1] - 6:12 application (z] - certified ( 4 ] 15:24, I complete Ill - 19:8 130 Iz1- 6:24, 13:7 15:23, 18:4 � •developer 11] - 6:24 17:13, 17:23, 19:19 completely [11 - 7:24 30 -foot [1] - 11:7 development 14] - 4:9, applications [61 - compliance 1 11-7 300Ill- 7:2 15:15,15:19, 16:1, certify (31- 19:4, p [ ] 10:24, 15:22, 17:3 19:11, 19:16 complicated [11- 3500 - square -foot [11- 16:3, 16:10, 17:12 I I dictated (1] - 7:18 7 applies 111 - 19:17 Chairman (1] - 2:2 13:22 difference 11] - 12:16 . 37 [2] - 11:14, 13:6 I CHAIRMAN [za] - 3:1, c [1] - 8:10 � different [zl - 3:19, appropriate 111 I 3:6, 3:9, 3:11, 5:24, I concern 121 - 4:23, I 7:22 I 13:16 6:14, 9:15, 9:18, 12:1 4 approval [4] - 4:5, , concise) dimension [s] - 12:21, 40 1 - 4:12, 10:23 i 9:21, 9:24, 10:5, Y [1] - 13:21 13:4, 13:16, 17:20, [ ] 6:24 10:10, 10:12, 10:15, confused 11] --4:20 17:21 40 - foot 11] - 12:9 area (s] - 6:20, 7:1, I 10:18, 11:16, 14:2, � consider 11l - 4:1 7:24, 12:1, 13:18 direction [1] - 19:21 14:5,14:11, 14:14, considered 11] - 4:16 director [1] - 17:3 r ? arguments [1] - 16:9 14:19,15:1, 15:4, considering [11- 4:17 arrival 11] - 15:20 15:7, 18:8, 18:12, consistent (z] - 15:14, discretion [1] - 16:7 5001z] - 17:14, 18:1 articulates 11] - 13:20 I 18:14, 18:17 16:14 discussion 131 - 11:1, I 17:10, 18:2 i artificial [11- 8:2 challenged 11] - 16:15 I construct (1] - 11:24 7 assume [1] - 19:19 change [2] - 3:21, constructed 11] - 12:7 distance 11] - 12:7 j 75- percent (1) - 7:20 assuming [1] - 14:5 17:9 [ contemplated 1 I I divided [1] - 4:9 g I 1 ] - changes 11] - 17:4 7:0011] - 1:12 assuring 4:10 12:5 p done 11] - 8:1 - !door [z] - 8:9, 8:11 - - Attorney [z1- 16:12, 1 CHARLES [1] - 2:4 contemplating [11 - A 17:18 Down [1] - 5:21 Charles (11- 15:12 11:22 A.D [11- 20:2 aware [1] - 17:9 j drawing [11- 11:6 1 check [11- 8:12 j continue [1] - 17:5 above - entitled 111 - aye (6] - 3:7, 9:22, Chicago [1] - 7:1 control 11] - 19:21 Drive [1] - 11:10 10:13, 14:12, 15:2, drop [s] - 8:6, 8:7, 19:6 I child [s1- 6:8, 7:6, 8:7, � controlled [11 - 7:17 g :16, 8:17, 9:1, 9:3 � acceptable 11] - 4:11 18'15 8:12, 8:13 convey [1] - 12:4 1 accurac - 19:20 ayes 16] - 3:8, 9:23, drop -off [21- 8:6, 8:17 Y [ 1 1 I child -care [z] - 6:8, I coordinates 1 - 4:13 DTD z 1 � [ 1- 0:6, 10:21 achieve [1] - 13:24 18:16 10:14, 14:13, 15:3, 7:6 copies [21- 19:18, DU (1] - 19:2 acquire [11 - 4:4 children [31- 7:16, 19:21 add 11] - 14:3 - -- 8:6, 8:23 corporation f1] - 7:6 E adding [1] - 13:23 B Children [6] - 6:7, correct [11- 19:8 - Additionally 11] - 11:9 B -3111- 4:2 6:12, 6:16, 7:4, 7:8, correctly 111- 9:14 easement [z] - 11:12, address 11] - 16:11 based 121 - 6:17, 17:17 8:5 cost [1] - 17:22 13:2 adds 11] - 13:3 Beach 111 - 6:17 Chorus 161- 3:8, 9:23, Council's (1] - 4:11 east [2] - 6:19, 6:22 adjust 11] - 13:6 becomes 111- 12:24 10:14, 14:13, 15:3, counsel 13] - 13:10, edge 12] - 12:8, 12:17 adjustment 11l - 18:1 begin (1] - 13:8 18:16 19 :12 effected 11] - 16:18 advice [21- 16:12, behalf [11- 10:21 cities 11l - 7:13 Countryside 111 - 5:18 Engineering [11- 5:13 17:17 best [1] - 11:23 city [1] - 4:15 COUNTY 11l - 19:2 Engineering's [1] - 5:6 DepoCourt Reporting Service (630) 983 -0030 i entertain lai - 9:16, half -day Ill - 9:6 KRAMER izl - 10:20, 9:17, 10:9,14:9, 16:4, 16:5,16:13, 14:7,14:21,18:9 Hall Ill -1:13 14:4 14:23,18:11 17:1,17:6 entire Ill - 7:21 hand 121 - 19:19, 20:2 Kramer Ill - 10:20 MR 1431 - 2:3, 2:4, 2:5, original Ill - 19:17 2 entitled 111- 19:6 handles Ill - 16:19 KRAUPNER 141- 2:4, 2:6, 2:7, 2:9, 3:4, Otherwise Ill - 18:3 entry [21- 8:9, 8:11 handling Ill - 9:14 3:5,10:9, 18:13 3:5, 3:13, 4:20, 4:23, outcome ill - 19:15 envelope I11- 13:15 happy 111- 18:5 4:24, 5:3, 5:5, 5:8, outside I11- 11:11 essentially 121- 11:3, heard 111 - 16:9 L I 5:11, 5:15, 5:16, own I11- 7:8 11:13 hearing 1141 - 3:21, lanes 111 - 8:16 5:17, 5:21, 5:22, owners 121- 16:1, evening ill - 10:20 3:24, 9:16,10:2, language i11- 11:21 5:23, 6:2, 6:5, 6:16, 17:13 Exactly ill - 9:7 10:6, 10:8, 10:19, 8:17, 8:21, 9:5, 9:7, -- example I11- 5:7 14:8,14:17, 14:22, last 131 - 3:17, 3:20, 11:19 9:8, 9:10, 9:17, 9:20, P l 1 except Ill - 13:8 15:7,18:10, 18:21, lays 111- 7:21 10:9, 10:11, 11:18, existing 1 10:23 19:6 less ill - 17:22 14:9, 14:10, 14:23, p.m I11 PAGE - 1:12 111 - 19:2 expect Ill - 4:7 hearings i1i - 16:7 14:24, 15:10, 18:11, experience I11- 17:18 heavily 111- 17:17 lesser 121- 17:21 18:13 Page Ill - 13:20 liberty 111 - 17:24 Pages Ill - 19:7 explain ill - 11:23 helps Ill - 5:13 MS 14l - 2:2, 2:8, LINDBLOM I7) - 2:6, 10:20, 14:4 parent 111 - 8:8 explained Ill - 13:21 hereby 111- 19:4 4:20, 4:24, 5:5, 5:15, parents I11- 9:1 _ herein 131 - 10:3, mud Ill - 14:1 - - � 5:21, 5:23 i park i11- 8:14 F 14:17, 18:21 Tine 131 - 11:3, 11:4, parking 121 - 8:14, facade i11- 7:10 hereto Ill - 19:17 13:17 N 8:15 hereunto Ill - 20:2 facilities 141- 7:1, 7:9, lines 111 - 8:18 names [1) - 4:24 Parkway I11 - 5:18 7:23, 9:12 Historically 111 - 18:1 locate Ill - 11:10 national Ill - 6:18 16:6, 131 - facility 171 - 3:16, 6:9, 1 HOLDIMAN I5l - 2:9, location 111 - 4:12 nay isl - 3:9, 9:24, parties ier 31 - 14 10:11, 14:10, 14:24, 10:16, 14:14, 15:5, 7:15, 7:21, 8:19, 9:2, � locations 14l - 3:22, pass 111 - 15:10 9:4 18:11 5:1, 6:21, 7:3 18:18 password 111 - 8:13 hour ill - 1:12 Neal 13l - 1:12, 19:3, far Ill - 17:22 looking la1- 3:1, 5:3, past I11- 17:5 favor 1111- 3:6 3:9 6:23, 11:9 house Ill - 18:6 20:6 pavement 111 - 12:8 , , 9:21, 9:24, 10:12, house - cleaning 111 - LUCIETTO [291- 2:2, need 111 - 17:9 PC lal - 3:2, 3:12, 10:15,14:11 15:1, 18:6 3:1, 3:6, 3:9, 3:11, never ill - 16:16 10:6,14:19 15:4, 18:14, 18:17 5:24, 6:14, 9:15, New 121- 6:20 I pedestrian Ill - 11:12 feet 1121- 11:14, 9:18, 9:21, 9:24, next 121 - 7:2, 10:5 Pennsylvania i11- 11:15,13:4, 13:6, identify Ill - 5:4 1 10:5,10:10, 10:12, 1 norm ill - 17:19 6:19 13:7, 13:8,13:13, ILLINOIS 121 - 1:1, 10:15,10:18, 11:16, north Ill - 11:5 period I11- 9:13 13:14, 17:14, 17:16, ! 19:1 14:2, 14:5,14:11, northern 121 - 11:3, person I21- 16:23, 17:20,18:2 Illinois 121- 1:14, 14:14, 14:19, 15:1, i 11:5 16:24 fence ill - 8:1 17:19 15:4, 15:7.18:8, notes Ill - 19:9 personal i11 - 8:18 fenced Ill - 8:1 important ill - 8:5 18:12, 18:14, 18:17 nothing 11I - 7:18 I Personal ill - 9:8 fill 111- 7:20 ! include I11 - 4:13 Lynette 131 - 1:12, notice 111 - 4:2 petition 131- 12:19, final ill - 12:14 includes Ill - 17:8 19:3, 20:6 notices Ill - 15:24 16:9,17:14 fit Ill - 7:16 including Ill - 16:22 notifications 121 - petitioner ilel - 3:14, i Florida Ill - 6:17 1 inclusive Ill - 19:8 M 1 17:13, 17:23 3:18, 3:21, 4:3, 4:10, flow !1l - 8:5 increase 111 - 11:6 numbers 111 - 13:23 mail I31- 15:24, 17:13, 5:8, 6:1, 6:3, 10:21, fluid I21- 17:5, 17:6 informed Ill - 16:7 17:23 - - 11:23, 12:5, 12:13, foot i31- 11:12, 12:21, input I11 - 6 map 11l - 5:9 13:1, 13:6, 13:7, 13:18 interested I11 - 19:15 MARLYS Ill - 2:8 occupancy ill - 7:20 13:11, 15:23, 16:17 footnote (2) - 3:23, 4:2 Investment 131 - 3:2, matterill - 8:8 OF 151 - 1:1, 1:4, 1:9, petitioners Ill - 17:12 force Ill - 12:18 3:12, 6:6 maximum 111- 7:16 19:1, 19:2 physically fal - 8:15, foregoing ill - 19:7 Investments 121 - McHugh 121- 5:15, offer I21- 8:24, 9:11 12:6, 12:12, 12:23 foreseeing i11- 12:15 10:7,10:21 5;17 1 office 121- 5:19, 15:21 pick Ill - 9:3 forth i21- 8:20, 13:23 item ill - 18:7 MEETING ill - 1:4 officer Ill - 16:23 place I11 - 19:10 forward ill - 4:6 itself 121- 6:15, 12:12 meeting I21- 1:10, old Ill - 8:8 plan 161- 4:3, 4:16, Fountain i11- 11:10 10:24 One Ill - 3:23 1 13:10, 16:5, 16:8, frankly Ill - 15:14 J MICHAEL Ili - 2:3 one 131 - 7:23, 14:6, 16:10 future Ill - 17:4 Jersey 111 - 6:20 Midwest ill - 6:23 17:9 1 PLAN Ill - 1:5 June 11l - 20:2 MILLER 191 - 2:7, 3:13, open I61- 3:2, 3:11, Plan Ill - 1:10 G 5:8, 5:16, 5:17, 5:22, 6:22, 10:7, 14:21, planned 111 - 10:23 goal Ill - 7:2 I K 6:2, 11:18, 15:10 15:7 plat 131 - 4:7, 12:12, gosh Ill - 11:19 Kelly 111 - 10:20 mix ill - 7:11 operate 111 - 7:19 13:24 granted Ill - 4:6 key 111 8:9 month Ill - 3:17 operators I11- 7:4 plats Ill - 12:14 grass 111 - 8:2 kids I11- 7:22 month's lit - 3:20 opinion 111 - 4:11 play Ill - 7:24 guess izl - 6:9, 6:13 motion [sl - 3:2, 9:16, Opposed 11] - 14:14 Point 121- 3:16, 5:16 i kindergarten Ill - 10:7, 14:7, 14:21, opposed 111 - 13:7 point 13) - 4:9, 9:3, H 8:20 18:9 option Ill - 3:22 16:23 kindergartners I11- move ill - 6:23, 11:3 ordinance 19] - 4:15, portion 141- 4:4, 10:2, half I1I - 9:6 9:6 moved 171 - 3:4, 4:6, 13:13, 14:21, 15:13, 14:16, 18:20 DepoCourt Reporting Service (630) 983 -0030 i Post [11- 5:19 reduces hl - 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20:2 12:14, 12:18 setback [al - 11:2, suit [21 - 19:13, 19:14 W - recommendation [71 - 11:8, 11:13, 11:15, surrounding Ill - 16:1 walk [2] - 8:14, 8:15 10:22, 13:11, 17:8, 11:22, 13:6,13:12, walks [zl - 8:8, 8:9 17:15, 17:17, 17:20, 13:19 T welfare [11- 7:17 18:3 seven 141- 11:12, ten [21 - 7:2, 12:21 west [11- 5:18 reduced [11- 13:14 13:4, 13:8, 13:18 ten -foot Ill - 12:21 Wherein 111- 10:2 DepoCourt Reporting Service (630) 983 -0030