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Plan Commission Minutes 2008 03-12-08 Page 1 of 4 [APPROVED 5/14/20081 UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY COUNCIL CHAMBERS Wednesday, March 12, 2008 7:OOpm Chairman Anne Lucietto called the meeting to order at 7:00pm. Roll Call: Sandra Adams Clarence Holdiman Tom Lindblom Mike Crouch Jeff Baker Charles Kraupner Jack Jones Anne Lucietto Absent: John Hegeler, Brian Schillinger, i Other Citv Staff: Mayor Valerie Burd, 7:25pm Travis Miller, Community Development Director Guests: Nicola Gengler, Depocourt Tony Hughes Michelle Moses Tom Rayborn, Raycorp Bob Kenny, Raycorp Atty. Tony Graff, Graff Mgmt. Kelly Kramer, Atty. Nelson Pottinger Mark Mathre Matt Schury, Kendall County Record Bill Dunn, EEI A quorum was established. Chairman Lucietto swore in those attendees who would speak during the Public Hearings. Public Hearings: 1. PC 2008 -04 Raycorp, petitioners filed an application requesting rezoning from R -2 Duplex Two - Family to PUD, to allow for uses allowable in the B -3 Service Business Zoning Classification. This request is for 23.95 acres located at 10312 Rt. 71. A motion was made by Crouch and seconded by Jones to open this Public Hearing. Approved by voice vote. (See Court Reporter's Transcript) (See also, letter from 4 Sunflower residents, read during Public Hearing) Page 2 of 4 It was moved and seconded by Crouch and Jones respectively, to close the Public Hearing. Approved by voice vote. Discussion: Travis Miller reviewed the staff reports and said an advantage to the PUD classification would be a PUD agreement. A hearing will be held before City Council on March 25 and he said more limitations and requirements can be applied. Staff is also asking for more specifics regarding the signage. Architectural design guidelines from the Comprehensive Plan will be required according to Mr. Miller. Guidelines for the proposed bank were also noted. A report by Bill Dunn, EEI, stated concerns regarding wetlands and drainage issues, but he said the developer will address them. More detention may also be needed. Kraupner requested that the minimal lighting standards be written into the PUD. It was noted that the light will be kept to a minimum especially in consideration of the nearby Harris Forest Preserve. Lindblom said that a second access would be needed if this property is developed prior to the Hughes development and it should be included in the PUD. He said this plan is appropriate considering the Shell station is already there. Tony Graff said the property will yield a higher EAV since there would be no schools required and the businesses would produce sales tax and provide jobs. Left and right turn lanes were requested by Jones. These lanes will be constructed according to Graff. Crouch said if there was no outlot near the detention pond, there would be more detention area to solve the drainage problem. He also questioned the waiver the developers requested regarding the topography. Some specifics will be provided by Senior Planner Stephanie Boettcher at a later time. All Commission members agreed this plan was a good use of this property. Chairman Lucietto noted that the waiver refers to IDOT standards for the bike trail. The IDOT standards are less than those of the City and it was also noted the bike trail will be in the original location. Action Items: i. Rezoning (R -2 Duplex to PUD) Ms. Lucietto summarized the requirements prior to a motion: a. Pottinger family requests direct access to Rt. 71 b. Pottinger family wants February meeting correspondence to be included c. Include staff comments and engineering comments d. Insure that store lighting issue is clearly stated in PUD e. 2 access points needed for property until another connection is made f. Left and right turn lanes request be put into PUD i Page 3 of 4 Crouch made a motion to approve zoning from R2 Duplex to PUD, subject to all above requirements. Jones seconded the motion. Roll call vote: Holdiman-aye, Crouch -aye, Kraupner -aye, Adams -aye, Jones -aye, Baker - aye, Lindblom -aye, Lucietto -aye. Unanimous. ii. Concept PUD Plan Lindlbom moved and Jones seconded a motion to approve the concept PUD plan. Roll call vote: Crouch -aye, Kraupner -aye, Adams -aye, Jones -aye, Baker -aye, Lindblom -aye, Holdiman-aye, Lucietto -aye. Unanimous. 2. PC 2008 -03 Amend Zoning Ordinance to require that applicants are required to give notice to owners /occupants of other properties that may be affected. Travis Miller requested a continuance of this item to April 9, 2008. Crouch and Jones moved and seconded, respectively to open the Public Hearing so that it could be continued. Approved on a voice vote. Travis gave a short report detailing the request. The Hearing was then continued on a motion and second by Jones and Crouch, respectively. Approved on a voice vote. 3. PC 2008 -02 The City is considering amending the Zoning Ordinance to change banks, credit unions and savings and loan associations from a permitted use to a Special Use and add Drive Through Facilities as a Special Use in the O Office Zoning District. It was moved by Crouch and seconded by Jones to open the Public Hearing. Approved on a voice vote. (See Court Reporter's Transcript) At the conclusion of the Hearing, Crouch made a motion to close the Public Hearing and Jones seconded. A voice vote approved the motion. Discussion: Lindblom commented that this proposal would just add a few more steps for a potential petitioner, while Baker said the economy is resolving the issue by reducing the number of banks locating in Yorkville. Crouch noted that banks do not generate sales tax and they occupy prime sites. According to Miller, several communities have rules in place already and this measure would monitor any future problems. Staff recommends including a Special Use. i Page 4 of 4 Opposing the restrictions, Kraupner said he has no problem with banks coming in as opposed to a strip mall with businesses that go in and out. He said bank buildings might even include professional offices. Banks also provide jobs. Lucietto said caution should be used, because limitations might then be requested to be placed on other businesses, i.e., pizza parlors, churches etc. Drive- through banks were then addressed. The Special Use would also include such facilities. The orientation of the drive- through and the actual site plan would also be considered. Action Items i. Amendment to Zoning Ordinance Tom Lindblom made a motion to recommend the changes as presented by the staff report. Jones seconded this motion. Additional Discussion Jeff Baker suggested written rules /criteria that can be handed out to a petitioner requesting a Special Use. Lindblom said the criteria would be driven by a particular site and might not apply to another site. One of the rules suggested was to keep the drive - through away from the building front to keep traffic contained. Lighting was another possible consideration. Some existing rules were found in the Zoning Ordinance for Special Use. Miller also noted that as art of the approval process, City Council can P p PP p � tY require certain restrictions. Roll call vote: Kraupner -aye, Adams -aye, Jones -aye, Baker -aye, Lindblom -aye, Holdiman-aye, Crouch -aye, Lucietto -aye. Unanimous approval. Additional Business: 1. Chairman Lucietto briefly discussed a memo regarding Chicago Matters: Growing Forward, a TV series that examines choices that impact our environment and region. 2. The Plan Commission Journal was reviewed and Crouch commented that it is a good publication. 3. The next Consortium meeting will be held March 20 at the Library. Bike trails and green spaces will be discussed. 4. Comprehensive Plan open house was reviewed. 5. Land use will be the topic at the next Advisory meeting on March 26 , residential land use at the April meeting and another meeting will be held to plan a second open house. Over 100 people attended the first open house. There was no further business and a motion was made and seconded by Crouch and Jones respectively. Motion approved on a voice vote. Meeting adjourned at 8:26pm. Minutes by Marlys Young, Minute Taker STATE OF ILLINOIS ) COUNTY OF KENDALL ) a BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION i REPORT OF PROCEEDINGS had at the hearing of 'i the above - entitled matter, before Nicola Gengler, C.S.R., on the 12th day of March, 2008, at 7:00 p.m. at 800 Game Farm Road, Yorkville. D- 841808 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, Commissioner; 4 MR. JEFF BAKER, Commissioner; 5 MR. MICHAEL CROUCH, Commissioner; 6 MR. CLARENCE HOLDIMAN, Commissioner; 7 MR. JACK JONES, Commissioner; 8 MR. CHARLES KRAUPNER, Commisioner; i 9 MR. TOM LINDBLOM, Commissioner. 10 11 ALSO PRESENT: 12 13 MR. TRAVIS MILLER, Community Development 14 Director; and 15 MS. MARLYS YOUNG, Minute Taker. 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 3 1 (Proceedings were had which are not 2 herein transcribed.) 3 (Audience members were thereupon 4 duly sworn.) 5 CHAIRMAN LUCIETTO: Okay. We have a motion and 6 a second. We are in public hearing. 7 MR. KENNY: Good evening. For the record, my 8 name is Bob Kenny. I am an attorney for Raycorp, Inc. 9 With me tonight is Tom Rayburn, principal of Raycorp, 10 and Tony Graff, his consultant. 11 As you know, we were last before you 12 on February 13; and at that time, we had an 13 application for straight B -3 zoning. We do not have 14 users for this property. We didn't t then. We don't 15 now, and it was our initial thought that going for 16 straight B -3 zoning would help us market the property. 17 Hearing the comments of the Plan 18 Commission, talking with staff, it was recommended 19 that we withdraw the B -3 straight zoning application 20 and file for Planned Unit Development zoning which is i 21 what we have done. We are here tonight on the public 22 hearing on that Planned Unit Development rezoning. 23 This property consists of 24 approximately 23.9 acres and fronts on Route 71 just DepoCourt Reporting Service (630) 983 -0030 4 I I 1 off of the Route 47 and 71 intersection. Z,. 2 In your packet, you have minutes from 3 the Plan Council meeting. My reading of those 4 suggests that, as staff has indicated to us, the 5 preference is that we pursue the Planned Development 6 application which we have, and there were a number of 7 items in there that we have also incorporated into the 8 plan. 9 Hopefully there is enough people here 10 that they can hear me, but for purposes of 11 understanding the concept plan, Route 71 to the north, 12 and the property that is the subject of this 13 application is this property here. These three I 14 parcels to the east are labeled Hughes parcels. They i.i 15 are not part of our property. The only purpose of 16 showing them on this concept plan is to show how they 17 would integrate between the parcels to their east and 18 our parcels so that in the end the City will have an 19 integrated development, but these three parcels are 20 not part of the concept plan. The concept plan is 21 limited to this area. 22 Our main desire is to attain a 23 grocery anchor. We think that will be the key towards 24 a successful commercial development, and we anticipate DepoCourt Reporting Service (630) 983 -0030 5 1 outlots. We don't know the number of outlots now and 2 then two smaller inline stores. 3 In conversations with the Forest 4 Preserve, we anticipate deeding over the southern 5 triangular portion of that property with detention to 6 the northwest corner. We have also provided buffer 7 around the commercial which is pursuant to our 8 conversation with the Forest Preserve. 9 Tony Graff will bring you up to speed 10 with conversations we have had with adjacent property 11 owners. As we indicated last time, we are working 12 with the Hughes family, Pottinger family, to make sure 13 that the whole quadrant or node of that part of the 14 intersection will be developing as an integral whole 15 so to speak. 16 There are a number of comments in 17 there. For example, one comment related to the 18 wetlands. This property is subject to the Army Corps 19 of Engineers. We have an Army Corps permit for the 20 residential project that was approved. We will have 21 to go back to the Army Corps of Engineers and work 22 with them for the plan to revise that permit according 23 to this plan. 24 We were successful in getting a DepoCourt Reporting Service (630) 983 -0030 6 1 letter from IDOT which I don't know if that was in 2 your packet or not, but that letter came out of IDOT a 3 day after our Plan Commission meeting with you. I 4 will submit a copy, but it states that the concept 5 plan is acceptable. Access locations are acceptable. 6 They are asking for traffic impact 7 study for the development and commented that it may be 8 at some time in the future that the access point that 9 is closer to the intersection may end up being a 10 right -in right -out. I will give that to you to pass 11 around. 12 So that may be in the future as that 13 whole area develops. We will be developing according 14 to your design guidelines and your landscaping plans. 15 Much of that -- those facts are contained in our 16 written narrative. 17 We will, however, be requesting -- we 18 anticipate having to request waivers at the time that 19 we find users and the time they come in. One of which 20 we anticipate having to ask a modification to allow 21 this entry road to be within 30 feet of the detention 22 pond. You have a buffer requirement between the 23 detention pond and any development. So that would be 24 one modification we anticipate we will need. I DepoCourt Reporting Service (630) 983 -0030 7 I 1 Also, there will proposed to be 2 private roads on the property. So we would be i 3 maintaining those. 4 We don't know yet, but we anticipate 5 some modifications being required probably from your 6 subdivision code due to the topography on the 7 property. That would be something we encounter no 8 matter what plan we have. 9 This isn't really a modification, but 10 we are planning to extend the bike trail along the 11 frontage of the property to connect the Forest 12 Preserve property to the properties to the east. We'd 13 also be asking and you will see on your agenda that we 14 are anticipating at least probably one free - standing 15 bank and robabl a minimum of four drive - through, P Y 16 windows for the outlots, but those will be handled 17 when the users come in, but I just wanted to put that 18 out there in terms of what the expectations are. 19 Then the interior developable lots 20 adjacent to the private roads instead of the public 21 roads and then the allowance for the building setbacks 22 from that, that also would be part of it. 23 What I'd like to do quickly is just 24 run through the findings that you are called to make DepoCourt Reporting Service (630) 983 -0030 8 1 and then turn it over to Tony to -- answer any 2 questions you have and then turn it over to Tony so he 3 can bring you up to speed with conversations we have 4 had with adjacent property owners. 5 In terms of the findings, your 6 ordinance talks about existing zoning and existing 7 land uses in the general area of the property. We 8 have vacant commercial B -3 zoning to our east, the 9 Hughes property. We have vacant commercial B -3 zoning 10 to our north across on Route 71. We have county 11 zoning ag to our south, the Pottinger farm, and county 12 ag to our west, the Forest Preserve. 13 Obviously our commercial is in sync I' 14 and compatible with the B -3 zoning that it is adjacent 15 to, and basically it will finish out if you will that 16 quadrant of the intersection as it abuts up to the 17 Forest Preserve property to our west. 18 The next standard is suitability of I 19 the property for its existing zoning. Existing zoning 20 is the residential planned development. The market 21 basically has said it is not going to work. 22 We improved the property. We built a I 23 model for residential use. We marketed for about a 24 year and a half. In between the model building and DepoCourt Reporting Service (630) 983 -003.0 9 1 the amount of advertising that was done during that 2 time period, a million dollars was invested just in 3 those two activities. 4 So the market in our opinion has 5 spoken that it is just not a residential piece. Maybe 6 it is just not big enough to sustain itself surrounded 7 by the commercial and the Forest Preserve without 8 having enough of a neighborhood. We don't know, but 9 clearly the market has not accepted it. 10 Trend of development we feel supports 11 the commercial use. We have commercial immediately to 12 our north. We have commercial to our east. We feel 13 that if we are successful in bringing like a grocery 14 anchor, we can really jump start that entire quadrant 15 with commercial because we think what is missing is 16 that anchor tenant to attract the customers in the 17 first place. 18 Impact of the plan development on 19 traffic, as you see by the letter, IDOT has looked at 20 the property concept plan and has approved it and 21 looked at the access and have approved it. We 22 anticipate that as soon as we meet warrants, we will 23 be able to put a stop light at our main intersection; 24 and that will substantially improve the neighbors to DepoCourt Reporting Service (630) 983 -0030 10 1 our north, their ability to get out of Walsh Drive. 2 Right now it is not the easiest thing to do, and we 3 think that a stop light will substantially improve 4 their ability to get in and out of their subdivision 5 as well as ours. 6 We are asking for your support of our 7 application. If you have any questions of me, I'd be 8 happy to answer them. Otherwise, I will have Tony i 9 come up and bring you up to date with his 10 conversations. 11 MR. GRAFF: Since the last time we addressed 12 you on the other straight zoning, a couple of issues 13 that we have been able to accomplish. One was we did I 14 meet with the Pottinger family, Attorney Kramer. She 15 is here tonight. She will probably be able to give 16 you more of an update. 17 In our viewpoint, we have modified 18' the plan to where we have provided access for the 19 Pottinger's property. It is right on the border of 20 the Hughes property and Raycorp. 21 Also, we have the buffer zoning that 22 they requested, the landscape, the existing tree 23 covering, and we recognize that we are not going to 24 move these trees because of your ordinance for one, DepoCourt Reporting Service (630) 983 -003.0 11 1 and it does provide a nice screening immediately to 2 their longstanding history of trees on their property. 3 If you have ever been out there -- the Forest Preserve 4 has a high interest in the property. So I think we 5 are moving forward there. 6 The Hughes family, we met with the 7 Hughes, Mike Hughes, working out the reason we now -- 8 you can see the black line going in. Since we are 9 going to a concept PUD, the staff recommended not to 10 confuse the one -- the legal processes, our property 11 versus their property. They are not asking for PUD. 12 They got straight zoning. They are already in. They 13 have everything going for them. 14 However, there is some advantage for 15 them to work with us, and one of the advantage is our 16 detention pond has been sized now to look at accepting 17 their stormwater off their three lots which now makes 18 it more marketable and also meets some of the criteria 19 that the City would like to see on Route 71 as they 20 call Gateway Corridor and southwest plan for 21 commercial nodes. 22 So that outlot becomes now a more 23 useful outlot for the Hughes family, and then the 24 cross access allows for more safety for people to DepoCourt Reporting Service (630) 983 -0030 12 1 come, one, from the gas station over to here and vice 2 versa. Also, it gives emergency access for the fire 3 department and police department to get in and out of 4 this site. 5 The last time the R -2 only had one 6 access in, one access out. 71 would have had a cut 7 off, you know, people would have a hard time getting 8 in and out of their subdivision. So I think the 9 traffic plan with the cross access is going to 10 definitely benefit and meet the criteria what the City 11 would like to see. 12 The Forest Preserve, what we have i 13 done is reiterated the buffer zone 30 feet, and in our 14 narrative we have provided the PUD annexation 15 agreement working with the Forest Preserve and working 16 with the City's code on the stormwater for native 17 plantings and screening adjacent. Due to the fact for 18 screening purposes, it would probably be very well 19 received for the type of passive use of the Forest 20 Preserve. 21 I think in general we have heard 22 clearly from the Planning Council that I attended -- 23 you know, the minutes don't reflect all the 24 conversations that was going on there. It was very DepoCourt Reporting Service (630) 983 -0030 13 1 highly recommended and unanimous by the Plan Council 2 to reject the B -3 zoning and go to PUD zoning. 3 One of the main things -- and I have 4 met with Stephanie for the City, senior planner. She 5 brought up a very good point which we are 6 incorporating -- we are going to incorporate. The 7 topography of this site definitely has challenges but 8 also has possibilities. 9 Because of 71 being lower and the 10 back part being higher, we are finding out it is going 11 to be a marketable piece for that anchor store. We i 12 are going to have clear visibility from 71 because of 13 their topography, and then taking the landscaping 14 back. So we can use the water features to make sure 15 we move the water from the high end to the low end, 16 incorporate that into the landscape design once we get 17 an end user. 18 But we are letting you know as the 19 Planning Commission we are only looking for minimal 20 variances in the PUD agreement that are not in regards 21 to the architectural landscaping. 22 One is just basically a right to have 23 internal lots go up against private roads, have the 24 private roads be considered the public road. Because DepoCourt Reporting Service (630) 983 -0030 14 I 1 of the zoning code, every parcel has to have a public 2 road. That is common in most of the PUDs. That is 3 another reason why we go PUD instead of straight 4 zoning. 5 So I think we have now moved to that 6 next level to why a PUD is more acceptable. We do 7 know the comp plan shows transitional area. The 8 challenges with transitional area -- take in the 9 history when the comp plan was done in 2005 and 10 revised, the City took what zoning was in place at the i 11 time. The R -2(d) zoning was in place here when that 12 comp plan was being reviewed. There was no major 13 discussion in regards to it. 'rI 14 Under the southwest plan, too, and it 15 says under your reclassification to meet the criteria 16 for change of zoning. If something changed in the 17 area, definitely there has been a couple of changes. I 18 Silica Sand is no longer Silica Sand. 19 At that point in time, it was a very 20 difficult challenge for Silica Sand and outlots to 21 turn into the Walgreen's. Three different parties had 22 to get involved. Silica Sand had to sell. DUT I' 23 Investment had to come in. Krystafano family had to 24 give up some of their property to make it look right. DepoCourt Reporting Service (630) 983 -0030 15 1 So that corner was basically at the ' 2 time this property was being zoned it was in doubt 3 that that corner would ever turn into some type of 4 commercial outlot on the corner. Of course, that was 5 probably the best use in having it work there. 6 So having that happen in the last 7 couple of years, that definitely screamed out to us 8 about let's continue with the commercial zoning along 9 here. Even though we are against a green space, the 10 Harris Forest Preserve, we,are willing to work with 11 the Forest Preserve to make sure we are going to 12 complement in some way or form at least not hinder any 13 of their activity there. 14 And the other thing that has been 15 commented and said meeting with elected officials is 16 an anchor store down here with grocery is dearly 17 needed. We are thinking it is a good spot for it. 18 That is sort of how the changes 19 occurred, how we evolved, how we are now at PUD, and 20 hopefully get the approval of the Board. 21 I will turn it over to Tom Rayburn. 22 MR. RAYBURN: My name is Tom Rayburn. I am the 23 president of Raycorp. I am the happy owner of the 24 buildings that are out there and have been for quite I DepoCourt Reporting Service (630) 983 -0030 16 j i 1 sometime. 2 We stared at that site and worked at 3 that site. We have tried to sell it. We have tried 4 to -- you name it, we have tried it, after we ran into 5 marketing issues with the sales on the duplex homes 6 out there. 7 What I am basically here -- rather 8 than rehashing what Tony and Bob have already told j 9 you, there seem to be some question, well, what would 10 our commercial buildings look like? Well, this is 11 actually from Minooka, Illinois, Town Center Concept 12 on Ridge Road. We are going back through to add more 13 retail to that to accommodate a big box user down 14 there. That is why we haven't broken ground. 15 The Minooka Village Hall will be, 16 located in the back of this site, and we are going to 17 be dedicating some property, but this demonstrates 18 kind of our concept of the quality of buildings and 19 the building materials that we like to use. 20 I think it will fall well within the i 21 appearance codes that are applicable down in that end I 22 of Yorkville. We tend to like the parapet look. I 23 don't know if we will have as many colors of stone and 24 brick and so forth as this, but you can have one DepoCourt Reporting Service (630) 983 -003.0 17 I 1 business located behind three store fronts. It is a 2 little more quaint, little nicer look, than your 3 typical tilt up building. 4 And, you know, you can disregard -- 5 we are not looking at any second floor. It is really 6 only the top one, but we like to have signage. Other 7 than a monument sign at our entrance, we like to have 8 signage on the front of the buildings. Any signage we 9 would do -- we have reviewed the code. We are 10 relegated to not requiring any type of variance with 11 that signage, but masonry all the way around which I 12 believe is in the appearance code, shielding of 13 rooftop units, things that are very unsightly. 14 One other aspect that we have 15 committed to doing to help with the Forest Preserve 16 when they have -- you know, if they are looking at an 17 eclipse of the moon or something, we are going to 18 focus hard on night skylighting or something that 19 doesn't have that glare up that you see to minimize 20 the impact on the Forest Preserve. 21 And, likewise, there is a strip that 22 would be located along here. I think we would be 23 very, very selective on what we use to light the back 24 of that building. If we did light it at all, I think DepoCourt Reporting Service (630) 983 -0030 18 1 that is a real sensitive area. We have committed to 2 the Forest Preserve that we are going to work with 3 them. 4 The green space will be leveled and 5 seeded and some trees and so forth put in there, and 6 it is my intent to go ahead and just give that to the 7 Forest Preserve because I believe they wrap around to 8 somewhere in here with their property if I am not 9 mistaken. So it just kind of squares the property off 10 and starts to get rid of these funny angles. 11 I am having conversations with a , 12 couple of the larger anchor stores, and they are being- 13 very receptive pending rezoning. I don't have any end I 14 users yet. As we get end users, an earlier meeting 15 with staff had indicated that as we come in, we will 16 just bring back the lots because some user might want 17 an acre. Some might want two acres. So we will kind 18 of chop it up and bring it back in front of the 19 appropriate boards at that time to look at the actual 20 site plans. 21 You know, some other users we have 22 been contacted by are your typical coffee shops. A 23 lot of restaurants have contacted me. So that is kind 24 of what we anticipate, nice neighborhood services I DepoCourt Reporting Service (630) 983 -0030 19 1 guess, conveniences sort of atmosphere down there. 2 Any questions that I can answer? 3 CHAIRMAN LUCIETTO: We will ask you when we get 4 out of public hearing. 5 What I am going to do -- I was asked 6 by a group of people from Sunflower Estates to read a 7 letter that they faxed to the City it looks like 8 yesterday or -- yes, it would have been yesterday. 9 So I am going to go ahead and read 10 it. After that, if anybody in the audience has 11 anything more that they want to add, we will call on 12 you; and you will have an opportunity. 13 The letter is written March 11, 2008, j 14 addressed to the United City of Yorkville Planning 15 Board. 16 "Dear Board Members: As residents of 17 the Sunflower Estates subdivision, we attended the 18 last Planning Board meeting in February where the 19 Raycorp property at Route 71 and 47 was on the agenda 20 regarding a change from residential to commercial use, 21 i.e,., a potential Jewel Food Store and commercial 22 out - buildings." 23 "Unfortunately freshman orientation 24 night at Yorkville High School is at the same time as f: De Service 630 983 -0030 oCourt Reporting ( ) p 20 i 1 Raycorp will be addressing the Planning Board on 2 March 12th and we and other Sunflower Estates 3 residents will be unable to attend the meeting when 4 Raycorp will once again come before the Board. Please 5 accept this letter as our formal address to the 6 Planning Board." 7 "At the February meeting, the 8 petitioner stated that they had been working with and 9 addressing concerns with respect to the Forest 10 Preserve, neighboring businesses and farms, and the 11 City. Michelle Moses spoke at that meeting and 12 expressed our concerns about the effect commercial use 13 would have on the Sunflower Estates Subdivision. It I I 14 was expressed that as former officers of the now 15 dissolved homeowners' association, many residents 16 still look to us for answers to questions that effect 17 our neighborhood." 18 "In speaking with the petitioner and 19 his representatives after the February meeting, we 20 were told they would work with us and possibly set up 21 a meeting with us and our district's aldermen to 22 address our concerns. While Michelle Moses did 23 receive a couple of calls from Tony Graff, 24 unfortunately no meeting has taken place and we are I DepoCourt Reporting Service (630) 983 -0030 21 1 still in the dark as to the effect this development 2 will have on our subdivision." 3 "We would like to reiterate our 4 concerns regarding the Raycorp site. First, as 5 Yorkville grows, traffic becomes more and more of an 6 issue. We already have traffic issues in our 7 subdivision from people cutting through from Route 71 8 to avoid traffic backup at the stoplight. Many of 9 these cars end up traveling at a high rate of speed on 10 Route 71, continue at that speed while traveling 11 through our subdivision." 12 "We should point out that cars 13 cutting through our subdivision pass by our playground 14 and there are no stop signs to slow them down. 15 Further, many times it is very difficult for residents 16 of Sunflower to get out of our subdivision at the 17 Route 71 entrance. A commercial, high traffic 18 development would only make these problems worse." 19 "Any plans for a stoplight or traffic 20 determent paving or curbs should be mandatory and 21 should solely be at the developer's expense. It is 22 our understanding that the Planning Board's function 't 23 is to make a recommendation to the City Council and 24 the Board is unable to make a specific mandatory plan DepoCourt Reporting Service (630) 983 -0030 i zz 1 requirements. Therefore, we cannot be assured that 2 these concerns will be addressed and encourage denial 3 of any commercial use at the site at this time." 4 "Second, the petitioner is the second 5 owner of the site and has said that there is no 6 interest in the site for residential use especially 7 given today's economy. Economy aside, we do not feel 8 that residential use was ever given a fair shot at 9 that site. There are no roads that would allow 10 potential buyers to view the property or the models 11 that sit on the property. There are no curbs. Water 12 drainage is an issue, and the models don't even have 13 power. Providing the basics would go a long way in 14 making the site attractive to potential residential 15 buyers." 16 "Third, as we stated at the February 17 meeting, there is no question that our end of town 18 needs a grocery store. However, we are concerned 19 about crowding in the area. It would seem that there 20 is an abundance of vacant land available for a market 21 where crowding a residential subdivision and Forest 22 Preserve isn't necessary." 23 "Fourth, water drainage is an issue 24 which petitioner stated would be taken care of. Service 630 983 -003.0 DepoCourt Reporting ( ) 23 1 However, at this time, since we have not had the 2 opportunity to formally address our concerns with 3 petitioner, we would like further explanation on this 4 issue." 5 "Fifth, changing the site to 6 commercial use is not in compliance with the 7 Comprehensive Plan." 8 "Sixth, given the economy, many strip i 9 stores are sitting vacant. While a food store is an I 10 anchor which would make the proposed strip stores 11 attractive, what about the strip stores that presently 12 sit empty? Building more when we can't fill existing 13 seems irresponsible. We question whether strip stores 14 are a good use of the property." 15 "Thank you for allowing us the 16 opportunity to voice our concerns. If you have any 17 questions, please feel free to call Michelle Moses, 18 (630)882 -6610 or Lumie Emini, (630)553- 9803." 19 And this is signed by Michelle and 20 Edmond Moses at 1844 Columbine Drive, Lumie M. Emini 21 at 1854 Columbine Drive, Robert Spiers at 225 Walsh 22 Circle, and Michelle Senffner at 1882 Walsh Drive. 23 MR. GRAFF: If I can have 30 seconds to respond 24 to the letter very quickly. I DepoCourt Reporting Service (630) 983 -0030 24 1 Generally regarding working with 2 Sunflower, I did try to set up a meeting. I sent 3 e -mails to Wally Reterick, the alderman. I talked to 4 Wally at the land use parks open house the other 5 night, and Alderman Reterick would like to set a 6 meeting up with Michelle and the group to talk about 7 the traffic issues. 8 Generally speaking in regards to the 9 traffic talking to this group, the traffic light once 10 it is warranted -- under the residential use, it will 11 not be warranted because there is not enough traffic 12 generation, trip generation. We have been told that 13 by IDOT. A traffic light will not be warranted for 14 the residential use for this particular property. 15 Possibly when the Krystafano family 16 comes in with their property, 17 acres, that is zoned 17 commercial right on Sunflower's backyard, that could 18 generate the need for a traffic light once they do so. 19 Generally by us coming in, we are 20 going to be looking at and bringing in road 21 improvements, turning lanes, and making it safer to 22 get out of 71; and living in that neighborhood and 23 understanding their concerns and talking to them on 24 the phone afterwards, the trip generation cut - through DepoCourt Reporting Service (630) 983 -0030 25 1 traffic they are talking about needs to be examined 2 further. 3 Generally looking at and observing 4 it, a lot of the traffic that is cutting through is 5 not cutting through. It is going to Greenbriar which 6 is the north subdivision, not avoiding the light. I 7 have sat out there. I have watched, and I have seen 8 it, but it is an issue where the park is at, and that 9 is why they would like to be able to meet with the 10 Alderman and the Board and Wally lives there. He'd 11 like to talk to them about this issue. 12 In regards to the water drainage, the 13 residential or the commercial, we are under an Army 14 Corps permit. We will only release what is currently 15 being released off the property, into the property, i 16 and handled by Sunflower under their engineers. I 17 explained that to them, and we definitely have the 18 meeting to give them more engineering perspective. 19 And in regards to the residential 20 use, the models, when the models were fully opened, we 21 did have power to them. We had a generator out there. 22 We did have sales people sitting in the models 23 marketing the models in the Chicagoland and metro area 24 in the papers, spending close to a quarter of a i DepoCourt Reporting Service (630) 983 -0030 26 1 million dollars, for this property over a 14 -month 2 period. And the road is a hard surface road as 3 required by the City under the annexation agreement 4 for the traffic to get in and out to the models. 5 Just for the record, it is sort of 6 the update. We will be glad to still set up a 7 meeting. Hopefully Alderman Reterick and I can get 8 that organized now that I have been given the phone 9 numbers and exchange for that to happen. 10 MS. KRAMER: My name is Kelly Kramer, 11 K- R- A- M -E -R, and I am the attorney for the Pottinger 12 family who owns approximately 145 acres southeast of 13 the subject property. 14 And as stated at the previous public 15 hearing, my clients are not adverse to the rezoning of 16 the property and are particularly not adverse with the 17 rezoning with the planned unit development 18 designation. We believe that is actually probably a 19 very, very good idea in this particular case given the 20 difficulties of the topography, the drainage issues, 21 the stormwater issues. 22 And we appreciate the developer 23 including in a stub to our property and showing a 24 landscape buffer. My clients have no access -- no DepoCourt Reporting Service (630) 983 -0030 27 1 direct access to Route 71 and would reiterate their 2 previous request to allow for a connection to their 3 property on the abutting portion of this site. 4 We understand also, too, after 5 meeting with the developer's representative that the 6 Hughes property is not included in this, and we plan 7 on contacting them also to see how their property is 8 going to develop and if we can't integrate mutually 9 agreeable access to my client's property between all 10 three parties. 11 We would also request that staff's 12 comments that were in the packet be addressed 13 regarding the stormwater management on the site and 14 also the permitting process with the wetlands on the 15 site. 16 But overall my clients are not 17 adverse to that particular rezoning request and would 18 appreciate their comments being added into the Plan 19 Commission's recommendations. 20 And if we could reenter our 21 February 13, 2008 correspondence previously forwarded 22 to staff and the petitioner's attorney into the 23 record, we would like to do so with the one change 24 that obviously it is not a straight B -3 rezoning DepoCourt Reporting Service (630) 983 -003.0 28 1 request but the B -3 planning and development request. 2 Thank you. 3 CHAIRMAN LUCIETTO: Did you get sworn in? 4 MR. HUGHES: No. 5 CHAIRMAN LUCIETTO: You can now. 6 MR. HUGHES: Can I swear? 7 CHAIRMAN LUCIETTO: You can. 8 MR. HUGHES: Do I raise my hand? 9 CHAIRMAN LUCIETTO: Yes, you do. 10 (The audience member was thereupon 11 duly sworn.) 12 MR. HUGHES: Well, I just wanted want to -- I 13 am Mike Hughes. 14 CHAIRMAN LUCIETTO: Where do you live? 15 MR. HUGHES: I live in St. Charles, Illinois. 16 My mom is here and my sister and brother. 17 So we just are in support of 18 Raycorp's plan like they already stated, and we have 19 no objections to their development. 20 It just seems to us like it is a 21 natural tie -in for that end of Yorkville to have some 22 kind of shopping center. 23 I just wanted to state our position 24 that we are supporting them. So that is all. DepoCourt Reporting Service (630) 983 -0030 29 1 CHAIRMAN LUCIETTO: Okay. Thank you. 2 Anyone else? 3 (No response.) 4 CHAIRMAN LUCIETTO: Okay. There being no 5 others, can we have a motion to close. �j 6 COMMISSIONER CROUCH: So moved. 7 COMMISSIONER JONES: Second. 8 CHAIRMAN LUCIETTO: All in favor say aye. 9 (Ayes heard.) 10 CHAIRMAN LUCIETTO: Not in favor, say nay. 11 (No response.) 12 CHAIRMAN LUCIETTO: Okay. 13 (Proceedings were then had which 14 are not herein transcribed.) 15 CHAIRMAN LUCIETTO: Do we have a motion to 16 PC 2008 -03? 17 COMMISSIONER CROUCH: So moved. 18 COMMISSIONER JONES: Second. 19 COMMISSIONER BAKER: Motion and continued. 20 CHAIRMAN LUCIETTO: Do we have any discussion? 21 MR. MILLER: I can give a short report on the I 22 status and what staff is preparing. I 23 CHAIRMAN LUCIETTO: Please do. I I 24 MR. MILLER: This will be a commitment to -- or DepoCourt Reporting Service (630) 983 -003.0 30 1 staff is going to recommend is a commitment to 2 Chapter 14 of the Zoning Ordinance. This chapter 3 deals with the enforcement of the Zoning Ordinance and 4 enforcement of procedures. 5 So our application procedures and 6 standard practices in the City aren't consistent with 7 the text of the Zoning Ordinance. So staff is going 8 through the exercise of updating the Zoning Ordinance 9 procedures for everything from annexation requests to 10 special use requests to zoning requests in making sure 11 that the Zoning Ordinance, the law of the City, is 12 consistent with the appropriate practices that have 13 evolved over probably the last decade. 14 So when we bring that forward, we 15 will be pointing out what our text is, what the 16 ordinance says, and have discussion on which is the 17 better option and whatever the best action is needs to 18 be reflected within staff's opinion in the Zoning 19 Ordinance as an amendment. 20 We went ahead and published this for 21 tonight and from staff standpoint, we were optimistic 22 that we would have all the text drafted and ready for 23 your review. That did not happen. 24 So we would like this to be continued l DepoCourt Reporting Service (630) 983 -0030 31 i 1 until April where we will have a text for you and 2 ready for your consideration. 3 CHAIRMAN LUCIETTO: Any discussion? 4 COMMISSIONER LINDBLOM: Anne, just from my 5 point of -- this is a public hearing. Probably for 6 the record, we should point out there is nobody here. 7 We need to probably make a point that 8 there isn't anybody that wishes to speak to that. 9 CHAIRMAN LUCIETTO: Since there really isn't 10 anyone left, I don't believe -- 11 COMMISSIONER LINDBLOM: Bill would like to 12 speak to it. 13 CHAIRMAN LUCIETTO: Thank you. Do we have a 14 motion to continue this public hearing to April 9? 15 COMMISSIONER JONES: So moved. 16 CHAIRMAN LUCIETTO: We have a motion. 17 COMMISSIONER CROUCH: Second. 18 CHAIRMAN LUCIETTO: We have a second. i 19 All in favor say aye. 20 (Ayes heard.) 21 CHAIRMAN LUCIETTO: Not in favor, nay. 22 (No response.) 23 CHAIRMAN LUCIETTO: We will close the public 24 hearing. I I DepoCourt Reporting Service (630) 983 -0030 32 1 (Proceedings were then had which 2 are not herein transcribed.) 3 CHAIRMAN LUCIETTO: We are in public hearing. 4 Do you want to explain this one? 5 MR. MILLER: You do have a report in your 6 packet dated March 5. 7 There are two requests, and in the 8 report, I have identified the issue for both of the 9 requests, the background behind the issues and the 10 staff recommendation. 11 Attached to your report is a two -page 12 front and back modification to delay the Zoning 13 Ordinance that staff is recommending to address the 14 issues. 15 The first item is dealing with 16 financial institutions. Current ordinance includes in 17 its permitted uses in the office district, banks, 18 credit unions, savings and loan associations. All of 19 which are financial institutions as is defined in the 20 staff report and as is defined in the policy recently 21 passed by City Council regarding financial 22 institutions when land use plans are prepared and 23 presented to the City. 24 COMMISSIONER JONES: So, Travis, you came up DepoCourt Reporting Service (630) 983 -0030 33 1 with this or staff came up with this? 2 MR. MILLER: Staff came up with the text. 3 COMMISSIONER BAKER: Do you really want us 4 to -- 5 COMMISSIONER JONES: I just thought it was 6 ghost written by Mike here. 7 COMMISSIONER BAKER: No offense, Mike, but do 8 you really want us to ordinance someone being able to 9 come into town and start a bank? 10 MR. MILLER: Let me explain the ordinance. 11 This change takes that lists from a permitted list and 12 puts it under special use. 13 So anyone petitioning will be 14 required to apply for a special use which the Plan 15 Commission would be required to review, give 16 recommendations, and Council will have to approve a 17 special use. 18 So what it does is add a higher level 19 of scrutiny to those petitioners than what the current 20 ordinance does. 21 COMMISSIONER LINDBLOM: It is a few more steps 22 they have to go. 23 CHAIRMAN LUCIETTO: It allows more -- 24 COMMISSIONER BAKER: I don't go with it. I DepoCourt Reporting Service (630) 983 -0030 34 1 don't buy it. 2 CHAIRMAN LUCIETTO: Since there is no one in 3 the audience, I am going to entertain a motion to 4 close the public hearing so that we can continue our 5 discussion. 6 COMMISSIONER CROUCH: So moved. 7 CHAIRMAN LUCIETTO: Do we have a second? 8 COMMISSIONER JONES: Second. 9 CHAIRMAN LUCIETTO: All in favor. 10 (Ayes heard.) 11 CHAIRMAN LUCIETTO: Not in favor. 12 (No response.) 13 CHAIRMAN LUCIETTO: Thank you. We are out of j 14 public hearing. 15 (Proceedings were then had which i 16 are not herein transcribed.) 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 j 35 1 STATE OF ILLINOIS.) ) SS. 2 COUNTY OF KENDALL ) 3 I, Nicola Gengler,C.S.R. No. 84- 003780, do 4 hereby certify that I reported in shorthand the 5 proceedings had at the hearing of the above - entitled 6 cause and that the foregoing Report of Proceedings, 7 Pages 1 through 34, inclusive, is a true, correct, and 8 complete transcript of my shorthand notes so taken at 9 the time and place aforesaid. 10 I further certify that I am neither counsel 11 for nor related to counsel for any of the parties to 12 this suit, nor am I in any way related to any of the 13 parties to this suit, nor am I in any way interested 14 in the outcome thereof. 15 I further certify that my certificate annexed 16 hereto applies to the original transcript and copies 17 thereof, signed and certified under my hand only. I 18 assume no responsibility for the accuracy of any 19 reproduced copies not made under my control or 20 direction. 21 In testimony whereof, I have hereunto set my 22 hand this 21st day of March, 2008. 23 24 Certified Shorthand Reporter DepoCourt Reporting Service (630) 983 -0030 36 11:19, 12:6, 13:9, activities [11- 30:19 - 32:18 1:7 13:12, 19:19, 9:3 amount (11- 9:1 assume 111- behind [21- 21:7, 21:10, activity [1] - anchor [71- 35:18 17:1, 32:9 1 11l - 35:7 21:17, 24:22, 15:13 4:23, 9:14, 9:16, assured [1] - benefit I11- 11 1 - 19:13 27:1 actual Ill - 13:11, 15:16, 22:1 12:10 12th [21- 1:14, 7:00 Ill - 1:14 18:19 18:12, 23:10 atmosphere 111 best [21- 15:5, 20:2 ADAMS Ill - 2:3 angles [11- - 19:1 30:17 13121- 3:12, 8 add (31- 16:12, 18:10 Attached Ill - better Ill - 30:17 27:21 19:11, 33:18 Anne Ill - 31:4 32:11 between 141 - 14I11- 30:2 added (1l - ANNE Ill - 2:2 attain [1] - 4:22 4:17, 6:22, 8:24, 14 -month (11- 800 (1]- 1:15 27:18 annexation 131- attend Ill - 20:3 27:9 26:1 84- 003780 Ill- address [41- 12:14, 26:3, 30:9 attended [21- big 121 - 9:6, 145 (11- 26:12 35:3 20:5, 20:22, 23:2, annexed 1 12:22, 19:17 16:13 17111- 24:16 32:13 35:15 Attorney I bike [11- 7:10 1844 (11- 23:20 9 addressed 141 - answer 13] - 8:1, 10:14 Bill [11- 31:11 1854 [1i - 23:21 10:11, 19:14, 10:8, 19:2 attorney [31- black Ill - 11:8 1882111- 23:22 9 1 1 1 - 31:14 22:2, 27:12 answers [11- 3:8, 26:11, 27:22 Board (9) - addressing 121 - 20:16 attract [11- 9:16 15:20, 19:15, 2 A 20:1 20:9 anticipate (e] - attractive [21- 19:16, 19:18, adjacentlsl - 4:24, 5:4, 6:18, 22:14, 23:11 20:1, 20:4, 20:6, 5:10, 7:20, 8:4, 6:20, 6:24, 7:4, audience [31- 21:24, 25:10 2005111- 14:9 ability 121 - 10:1, 8:14, 12:17 9:22, 18:24 19:10, 28:10, Board's (11- 2008 141- 1:14, 10:4 advantage [21- anticipating Ill 34:3 21:22 19:13, 27:21, able (s1- 9:23, 11:14, 11:15 - 7:14 Audience [11- boards 111- 35:22 10:13, 10:15, adverse [31- appearance [21- 3:3 18:19 2008 -03 [1] - 25:9, 33:8 26:15, 26:16, 16:21, 17:12 available Ill - Bob [21- 3:8, 29:16 above - entitled 27:17 applicable [1] - 22:20 16:8 21st [1] - 35:22 [21- 1:13, 35:5 advertising Ill - 16:21 avoid [1] - 21:8 border [11- 225 111- 23:21 abundance [11- 9:1 application [61- avoiding Ill - 10:19 23.9 [11- 3:24 22 :20 aforesaid Ill - 3:13, 3:19, 4:6, 25:6 box (11- 16:13 abuts (11- 8:16 35:9 4:13,10:7, 30:5 aye [21- 29:8, brick [11- 16:24 3 abutting [1] - afterwards hl - applies 111- 31:19 bring [61- 5:9, 27:3 24:24 35:16 Ayes (31- 29:9, 8:3, 10:9, 18:16, 30 [31- 6:21, accept 111 - 20:5 ag (2) - 8:11, apply Ill - 33:14 31:20, 34:10 18:18, 30:14 23:23 acceptable [31- 8 :12 appreciate (21- bringing (21- 12 , 35:7 6:5, 14:6 agenda [21- 26:22, 27:18 B 9:13, 24:20 accepted [ 1 1- 7:13, 19:19 appropriate [21- broken (11- 4 9:9 agreeable [1l - 18:19, 30:12 16:14 accepting 111- 27 :9 approval 111- B -3 (s] - 3:13, brother 111 11:16 agreement (3] - 15:20 3:16, 3:19, 8:8, 28 :16 47 [21- 4:1, Access Ill - 6:5 12:15, 13:20, approve I11- 8:9, 8:14, 13:2, brought [11- " 19:19 access [111- 26:3 33:16 27:24, 28:1 13:5 6:8, 9:21, 10:18, ahead [31- 18:6, approved [3] - background [11 buffer [s] - 5:6, 5 - 32:9 11:24, 12:2, 12:6, 19:9, 30:20 5:20, 9:20, 9:21 6:22,10:21, 12:9, 26:24, 27:1, alderman Ill - April [21- 31:1, backup [1l - 12:13, 26:24 27:9 24:3 31:14 21:8 Building [11- 5 [1l - 32:6 backyard Ill - 23:12 accommodate Alderman 131- architectural 111 6 Ill - 16:13 24:5, 25:10, 26:7 - 13:21 24:17 building I51- accomplish 111 aldermen [11- area [9] - 4:21, BAKER (51- 2:4, 7;21, 8:24,16:19, 10:13 20:21 6:13 8:7, 14:7, 29:19, 33:3, 33:7, 17:3, 17:24 630)553 -9803 [11 according 121- allow (31- 6:20, 14:8, 14:17, 18:1, 33:24 buildings I 5:22, 6:13 22:9, 27:2 22:19, 25:23 bank [21- 7:15, 15:24, 16:10 23:18 33:9 630)882 -6610 [11 accuracy I1] - allowance 111- Army 141 - 5:18, 16:18, 17:8, 35:18 7:21 5:19, 5:21, 25:13 banks [1l - 19:22 - 23:18 acre Ill - 18:17 allowing I aside (1l - 22:7 32:17 built 111- 8:22 acres (41- 3:24, 23:15 aspect [11- basics [11- business [1] - 7 18:17, 24:16, allows [2l - 17:14 22'13 17:1 26:12 11:24, 33:23 association [11- becomes [21- businesses 1 71 (141 - 3:24, action 111 ALSO 111- 2:11 20:15 11:22, 21:5 20:10 4:1, 4:11, 8:10, 30:17 amendment Ili associations Ill BEFORE 111 - buy 11] - 34:1 DepoCourt Reporting Service (630) 983 -0030 37 buyers [2) - Chicagoland [11 COMMISSION 30:6, 30:12 11:24,12:9 11:16 22:10,22:15 - 25:23 [11- 1:8 consists (11- CROUCH (5) - determent (1I - chop [11- 18:18 Commission's 3:23 2:5, 29:6, 29:17, 21:20 C Circle (1) - 23:22 [11- 27:19 consultant [1) - 31:17, 34:6 develop [1) - City [14) - 4:18, Commissioner 3:10 crowding 121 - 27:8 11:19,12:10, 161 - 2:3, 2:4,2:5, contacted [2) - 22:19, 22:21 developable I1) C.S.R (1) - 1:14 13:4, 14:10, 19:7, 2:6, 2:7, 2:9 18:22,18:23 curbs [2) - - 7:19 cannot (11- 22:1 19:14, 20:11, COMMISSIONE contacting I1) - 21:20, 22:11 developer s1) - care 111 - 22:24 21:23, 26:3, 30:6, R[171- 29:6, 29:7, 27:7 Current 111 - 26:22 cars 121 - 21:9, 30:11, 32:21, 29:17, 29:18, contained 11] - 32:16 developer's [21- 21:12 32:23 29:19, 31:4, 6:15 current Ill - 21:21, 27:5 case 11 - 26:19 CITY [11- 1:8 31:11, 31:15, continue 141 - 33:19 developing [21 - Center ll) - City's i1) - 12:16 31:17, 32:24, 15:8,21:10, customers (1) - 5:14,6:13 16:11 CLARENCE [1]- 33:3, 33:5, 33:7, 31:14,34:4 9:16 development center [1) - 2:6 33:21, 33:24, continued [21- cut [2) - 12:6, [121 - 4:19, 4:24, 28:22 clear(1) - 13:12 34:6, 34:8 29:19, 30:24 24:24 6:7, 6:23, 8:20, certificate (11- clearly [2) - 9:9, commitment 12) control 111 - cut - through (11- 9:10, 9:18, 21:1, 35:15 12:22 - 29:24, 30:1 35:19 24:24 21:18, 26:17, Certified 111 - client's (1) - committed [2) - conveniences cutting [4) - 28:1, 28:19 35:24 27 17:15, 18:1 [1] - 19:1 21:7, 21:13, 25:4, Development certified [1) - clients 13) - common [1) - conversation [11 25:5 (4) - 2:13, 3:20, 35:17 26:15, 26:24, 14:2 - 5:8 3:22, 4:5 certify (31- 35:4, 27:16 Community [1) - conversations p develops [1I - 35:10, 35:15 close [41- 25:24, 2:13 [5] - 5:3, 5:10, 8:3, 6:13 CHAIRMAN [291 29:5, 31:23, 34:4 comp [3) - 14:7, 10:10, 12:24, different [1] - - 3:5, 19:3, 28:3, closer [1) - 6:9 14:9, 14:12 18:11 D- 841808 [11- 14:21 28:5, 28:7, 28:9, code [51- 7:6 compatible I1) - copies (21- 1:20 difficult [2) - 28:14, 29:1, 29:4, 12:16, 14:1, 17:9, 8:14 35:16, 35:19 dark pI -21:1 14:20, 21:15 29:8, 29:10, 17:12 complement p) copy [1] - 6:4 date 11) - 10:9 difficulties (1) - 29:12, 29:15, codes [1] - - 15:12 corner 141- 5:6, dated (11- 32:6 26:20 29:20, 29:23, 16:21 complete [1) - 15:1, 15:3,15:4' dealing (1) - direct 111 - 27:1 31:3, 31:9, 31:13, 32:1 coffee [1) - 35:8 Corps [41- 5:18, direction [1) - 31:16, 31:18, 18:22 compliance I1) - 5:19, 5:21, 25:14 deals [1] - 30:3 35:20 31:21, 31:23, colors Ill - 23:6 correct ll) - 35:7 Dear (1) - 19:16 Director [11- 32:3, 33:23 34:2, 16:23 Comprehensiv correspondenc dearly (1) - 2:14 34:7, 34:9, 34:11, Columbine (2) - e [1) - 23:7 a [11- 27:21 15:16 discussion [5) - 34:13 23:20, 23:21 Concept [1) - Corridor It) - decade [1) - 14:13, 29:20, Chairman [1) - 16:11 11:20 30:13 30:16, 31:3,34:5 coming [1) - 2 :2 24:19 concept [81- Council [61- dedicating 11) - disregard [1] - challenge [1)- commentll)- 4:11,4:16,4:20, 4:3,12:22,13:1, 16:17 17:4 14:20 5 :17 6:4, 9:20 11:9, 21:23, 32:21, deeding It) - 5:4 dissolved [11 - challenges 121 - commented [2) - 16:18 33:16 defined [21- 20:15 13:7, 14:8 6:7, 15:15 concerned (1) - counsel [2) - 32:19, 32:20 districtll) - change 141 - comments [41- 22:18 35:10, 35:11 definitely (5) - 32:17 14:16, 19:20, 3:17, 5:16, 27:12, concerns (s) - county [2) - 12:10, 13:7, district's ill - 27:23, 33:11 27:18 20:9, 20:12, 8:10, 8:11 14:17, 15:73 20:21 changed [1] - commercial (22) 20:22, 21:4, 22:2, COUNTY 121 - 25:17 dollars [2) - 9:2, 14:16 - 4:24, 5:7, 8:8, 23:2, 23:16, 1:4, 35:2 delay 111 - 32:12 26:1 changes [2) - 8:9 8:13 9:7 24:23 couple (5) - demonstrates done [41- 3:21, 14:17, 15:18 [1) - 16:17 9:1, 12:13, 14:9 9:11, 9:12, 9:15, confuse [1)- 10:12, 14:17, changing [1) 11:21, 15:4, 15:8, 11:10 15:7, 18:12, denial [1) - 22:2 doubt [1] - 15:2 23:5 16:10, 19:20, connect (11- 20:23 department 121 - down [51- Chapter ill - 19:21, 20:12, 7:11 course (1) -15:4 12:3 15:16, 16:13, 30:2 21:17 22:3 23:6, connection (11- covering Ill - design [2) - 16:21 19:1, chapterpI - 24:17, 25:13 27:2 10:23 6:14, 13:16 21 :14 30:2 Commisioner consideration credit Ill - 32:18 designation [11 drafted [1) - Charles [11- I1) - 2:8 I1) - 31:2 criteria [3] - - 26:18 30:22 28:15 Commission 14] considered [1] - 11:18, 12:10, desire (1) - 4:22 drainage [4] - CHARLES I1) - - 3:18, 6:3, 13:19, 13:24 14:15 detention 14) - 22 :12, 22 :23, 2:8 33:15 consistent [2) - Cross [21- 5:5, 6:21, 6:23, 25:12, 26:20 DepoCourt Reporting Service (630) 983 -0030 38 Drive [4) - 10:1, 34:3 faxed [1) - 19:7 frontage Ill - H 10:20, 11:6, 11:7, 23:20, 23:21, entire [1] - 9:14 features [1] - 7:11 11:23, 27:6, 23:22 entitled [z) - 13:14 fronts [2) - 3:24, 28:13 drive (1) - 7:15 1:13, 35:5 February 161 - 17:1 half ill - 8:24 HUGHES [5) - drive- through entrance 121 - 3:12, 19:18, 20:7, fully (1) - 25:20 Hall I1) - 16:15 28;4, 28:6, 28:8, ill - 7:15 17:7, 21:17 20:19, 22:16, function Ill - hand 131 - 28:8, 28:12, 28:15 Due I1) - 12:17 entry [1] - 6:21 27:21 21:22 35:17, 35:22 due ry) - 7:6 especially [11- feet [2] - 6:21, funny I1] - 18:10 handled [2) - duly [2] - 3:4, 22:6 12:13 future [2) - 6:8, 7:16, 25:16 28:11 Estates (4) - few I11- 33:21 6:12 happy (2) - 10:8, duplex Ill - 16:5 19:6, 19:17, 20:2, Fifth [t) - 23:5 15:23 i.e [l) - 19:21 during Ill - 9:1 20:13 file 11] - 3:20 G hard [3] - 12:7, idea [l] 26:19 DUT 111 - 14:22 evening [1) - 3:7 fill [11- 23:12 17: 26:2 identified 111 - evolved (2) - financial [3) - Harrrr is [�) - 32:8 E 15:19, 30:13 32:16, 32:19, Game [l] - 1:15 15:10 IDOT [4] - 6:1, examined I1) - 32:21 gas [11- 12:1 hearll) - 4:10 6:2, 9:19, 24:13 25:1 findings 121 - Gateway 1 - heard (41- ILLINOIS [2) - e -mails it) - example i1) - 7:24, 8:5 11:20 12:21, 29:9, 1:3 35:1 24:3 5:17 finish [1] - 8:15 general [21- 8:7, 31:20, 34:10 Illinois [z) - easiest [1] - 10:2 exchange [1]- fire 111 - 12:2 12:21 hearing 1121 - 16:11, 28:15 east [5] - 4:14, 26:9 First Ill - 21:4 Generally 14] - 1:12, 3:6, 3:22, immediately 121 4:17, 7:12, 8:8, exercise (11- f1rst [2) - 9:17, 24:1, 24:8, 24:19, 19:4, 26:15 31:53 - 9:11, 11:1 9:12 30:8 32:15 25:3 31:14, 31:24, impact [2) - 6:6, eclipse [ Existing [1) - floor [11- 17:5 generate Ill- 32:3, 34:4, 34:14, 17:20 24:18 35:5 Impact [1] - 9:18 17:17 8:19 focus it) - 17:18 Improve ]z) - economy 12] - existing [5) - Food [1] 19:21 generation 131- Hearing [1l - - 24:12, 24:24 3;17 9:24, 10:3 22:7 23:8 8:6, 8:19, 10:22, food I1) - 23:9 :2 roved [1] - Economy ll - generator [1) - help [21- 3:16, p y 23:12 foregoing [1) - 25:21 17:15 8:22 22:7 expectations (1) 35:6 improvements Edmond [1) - 7;18 Forest [161- 5:3, Gengler(1) - hereby (1) - 35:4 p 23 expense[11- 5:8, 7:11, 8:12 1:13 herein [4) - 3:2, Ill- 24:21 , Gengler,C.S.R 29:14, 32:2, Inc I1] - 3:8 - effect [3] - 21;21 8:17, 9:7, 11:3, included 111 - 20:12, 20:16, i1] - 35:3 34:16 21:1 explain I - 12:12, 12:15, ghost (1] - 33:6 hereto [1) - 27:6 32x ac 12:19, 15:10, given 15) - 22:7 35:16 includes [1] - elected (11- explained (1) - 15:11, 17:15, 15:15 22:8, 23:8, 26:8, hereunto [1) - 32:16 25:17 17:20, 18:2, 18:7, 26:19 35:21 including (11- emergency I1) - explanation I1) - 20:9, 22:21 26:23 12:2 23:3 form 11] - 15:12 glad 11] - 26:6 high [a] - 11:4, Emini [2) - expressed [2) - formal Ill - 20:5 glare I1) - 17:19 13:15, 21:9, inclusive [1l - 23:18, 23:20 20:12, 20:14 formally Ill - GRAFF 121 - 21:17 35:7 empty ill - extend [1) - 7:10 23:2 10:11, 23:23 High [11- 19:24 incorporate (2] - 23:12 former [1) - Graff (3) - 3:10, higher [2) - 13:6.13:16 5:9, 20:23 13:10, 33:18 incorporated [1) encounter [1] - F 20:14 - 4:7 7:7 forth [2) - 16:24, green 12) - 15:9, highly [1) - 13:1 encourage 11) - 18:5 18:4 hinder(1)- incorporating 22;2 fact(1) - 12:17 forward Iz) - Greenbriar(1) - 15:12 Ill - 13:6 indicated 13) - end (11) - 4:18, facts [1) - 6:15 25:5 history [2) - - 11:5, 30:14 6:9,13:15, 13:17, faint) - 22:8 forwarded (1) - grocery [4) - 11:2, 14:9 4:4, 5:11, 18:15 16:21, 18:13, fall (1] - 16:20 4:23 9:13,15:16, HOLDIMAN (1l - initial [1) - 3:15 27:21 22:18 2:6 inline I1) - 5:2 18:14, 21:9, family (a) - 5:12, four [1l - 7:15 ground (1] - homeowners' instead 121 - 22:17, 28:21 10:14, 11:6, Fourth (1] - 16:14 Ill- 20:15 7:20,14:3 enforcement [2] 11:23, 14:23, 22.23 institutions [3) - - 30:3, 30:4 24:15, 26:12 free [z] - 7:14, group (3) - 19:6, homes [t) - 16:5 engineering [1] Farm (1) -1:15 23:17 24:6, 24:9 Hopefully (z) - 32:16, 32:19, - 25:18 farm [1] - 8:11 g 11l - 21:5 4:9, 26:7 32:22 free - standing rows integral 1 Engineers 121 - farms Ill - 20:10 111 - 7:14 guess [1] - 19:1 hopefully 11l - g Ill 5:19, 5:21 favor [6] - 29:8, guidelines [1) - 15:20 5:14 freshman [11- 6:14 house [1) - 24:4 integrate [2) - engineers [1] - 29:10, 31:19, 19:23 25:16 31:21, 34:9, Hughes [10] - 4:17, 27:8 front [3] - 17:8, entertain [1) - 34:11 18:18, 32:12 4:14, 5:12, 8:9, integrated [1] - DepoCourt Reporting Service (630) 983 -0030 39 4:19 26:10,26:11 16:16,17:1, MARLYS p - 18:9 28:21 intent Ill - 18:6 KRAUPNER [il 17:22 2:15 model (2) - 8:23, nay [z) - 29:10, interest (21- - 2:8 locations It) - masonry [t) 8:24 31:21 11:4, 22:6 Krystafano [z) - 6:5 17:11 models [7) - necessary Ill - Y interested It) - 14:23, 24:15 longstanding materials 1l) - 22:10, 22:12, 22:22 35:13 Ill - 11:2 16:19 25:20, 25:22, need 13) - 6:24, Interior ill - L look[) - 11:16, matter[2] - 1:13, 25:23, 26:4 24:18, 31:7 7 : 19 14:24,16:10, 7:8 modification [4) needed lil - internal Ill - 16:22, 17:2, meet 15) - 9:22, - 6:20, 6:24, 7:9 15:17 13:23 labeled It) - 18:19, 20:16 10:14, 12:10, 32:12 needs 131 - [ntersect[on 151 4'14 looked 12] - 14:15, 25:9 modifications 22:18, 25:1, land 14) - 8:7, 9 :19, 9:21 meeting (17) - Ill- 7:5 30:17 - 4:1, 5:14, 6:9, 9 24:4 22:20, , looking 5 - 9 8:16, 9:23 g I I 4:3, 6:3, 15:15, modified Ill - neighborhood invested Ill - 32'22 13:19, 17:5, 18:14, 19:18, 10:17 [4) - 9:8, 18:24, -1 9:2 landscape [3) - 17:16, 24:20, 20:3, 20:7, 20:11, mom 11] - 28:16 20:17, 24:22 ! Investmentll) - 10:22, 13:16, 25:3 20:19, 20:21, monument[il- neighboring [11 14:23 26'24 looks [t) - 19:7 20:24, 22:17, 17:7 - 20:10 involved Ill - landscaping [3] low Ill - 13:15 24:2, 24:6, 25:18, moon It) - 17:17 neighbors It) - 14:22 - 6:14, 13:13, lower [l) - 13:9 26:7, 27:5 Moses (4) - 9:24 irresponsible 13:21 LUCIETTO [30) - meets [t) - 20:11, 20:22, next [2) - 8:18, Ill - 23:13 lanes ill - 24:21 2:2, 3:5, 19:3, 11:18 23:17, 23:20 14:6 issue 171- 21:6, larger ( i) - 18:12 28:3, 28:5, 28:7, member [l) - most(i) - 14:2 nice [2) - 11:1, 22:12, 22:23, last (71- 3:11, 28 :9, 28 :14, 29:1, 28:10 motion (6) - 3:5, 18:24 23:4, 25:8, 25:11, 5:11, 10:11, 12:5, 29:4, 29:8, 29:10, Members [t) - 29:5, 29:15, nicer 11 - 17:2 32:8 15:6, 19:18, 29 :12, 29:15, 19:16 31:14, 31:16, Nicola [21- 1:13, issues [el - 30:13 29 :20, 29:23, members 11] - 34:3 35:3 10:12, 16:5, 21:6, law [1] - 30:11 31:3, 31:9, 31:13, 3:3 Motion Ill - night [3) - 17:18, 24:7, 26:20, least [2) - 7:14, 31:16, 31:18, met [2j - 11:6, 29:19 19:24, 24:5 :21, 32:9, 15:12 31:21, 31:23, 13:4 move [2) - nobody li) - 26 26:14 left(i) - 31:10 32:3, 33:23, 34:2, metro Ill - 25:23 10:24, 13:15 31:6 item [l) - 32:15 legal h) - 11:10 34:7, 34:9, 34:11, MICHAEL [1) - moved 15l - node p - 5:13 items It) - 4:7 letter l7) - 6:1, 34:13 2:5 14:5, 29:6, 29:17, nodes Ill - itself [1l - 9:6 6:2, 9:19, 19:7, Lumle (z) - Michelle (61- 31:15, 34:6 11:21 j 19:13, 20:5, 23:18, 23:20 20:11, 20:22, moving [1) - north (5) - 4:11, J 23:24 23:17, 23:19, 11:5 8:10, 9:12, 10:1, letting [1] - M 23:22, 24:6 MR 1211 - 2:4, 25:6 13:18 might [21- 2:5, 2:6, 2:7, 2:8, northwest Ill - JACK ill - 2:7 level 121- 14:6, 18:16, 18:17 2:9, 2:13, 3:7, 5:6 JEFF Ill - 2:4 33:18 mails (l) - 24:3 Mike [41- 11:7, 10:11, 15:22, notes Ill - 35:8 j Jewel ill - 19:21 leveled ill - 18:4 main [3) - 4:22, 28 :13, 33:6, 33:7 23:23, 28:4, 28:6, number[3) - 4:6, _ JONES [71- 2:7, light lel - 9:23, 9:23 13:3 MILLER [6) - 28:8, 28:12, 5:1, 5:16 29 :7, 29:18, 10:3, 17:23, maintaining (11 2:13, 29:21, 28:15, 29:21, numbers 1l) - 31:15, 32:24, 17:24, 24:9, - 7:3 29:24, 32:5, 33:2, 29:24, 32:5, 33:2, 26:9 33:5, 34:8 24:13, 24:18, major Ill - 14:12 33:10 33:10 jump [1) - 9:14 25:6 management [il million [21- 9:2, MS [41- 2:2, 2:3, likewise [�) - - 27:13 26:1 2:15, 26:10 K 17 :21 mandatory [2) - minimal hl - mutually Ill - limited (11 - 4:21 21:20, 21:24 13:19 27:8 objections [1) - LINDBLOM [4) - March [51- 1:14, minimize [1) - 28'19 Kelly It) - 26:10 2 :9, 31:4, 31:11, 19:13, 20:2, 32:6, 17:19 N observing ill KENDALL [21 - 33:21 35:22 minimum (t) - 25:3 1:4,35:2 line Ill - 11:8 marketl5l - 7 Obviously [1] - j KENNY (l) - 3:7 list Ill - 33:11 3:16, 8:20,9:4, Mi nooka [z) - name [4) - 3:8, 8:13 Kenny [l) - 3:8 lists [q - 33:11 9:9, 22:20 15:22,16:4, obviously Ill - 16:11, 16:15 26:10 27:24 key [l) - 4:23 live 1 28:14, marketable 121 - kind 151- 16:18, 28:15 11:18,13:11 Minute [1) - 2:15 narrative [ - occurred Ill - minutes [21 - 18:9,18:17, lives Ill- 25:10 marketed 11] - 4:2,12:23 6:16,12:14 15:19 18:23, 28:22 living Ill - 24:22 8:23 missing [1) - native [l) - OF [6] - 1:3, 1:4, Kramer [21- loan [1) - 32:18 marketing 12) - 9 12:16 1:8,1:12, 35:1, 10:14,26:10 located [3) - 16:5, 25:23 mistaken I�) - natural [l) - 35:2 KRAMER 121 - I' DepoCourt Reporting Service (630) 983 -0030 40 offense (i] - owners (2) - petitioner's ill - 28:23 proceedings Ill Q 33:7 5:11, 8:4 27:22 possibilities 11] - 35:5 office (l] - 32:17 owns [l] - 26:12 petitioners [1) - - 13:8 process Ill - officers [l] - 33:19 Possibly Ill - 27:14 quadrant (3] - 20:14 P petitioning [t] - 24:15 processes (i] - 5:13, 8:16, 9:14 officials [i] - 33:13 possibly Ill - 11:10 quaint [1] - 17:2 - 15:15 phone [2] - 20:20 project Ill - 5:20 quality 111 - once [41- 13:16, p.m (11- 1:14 24:24, 26:8 potential (3) - properties 11) - 16:18 20:4, 24:9, 24:18 packet [4] - 4:2, piece 121 - 9:5, 19:21, 22:10, 7:12 quarterll] - one [14] - 5:17, 6:2 27:12, 32:6 13:11 22:14 property [47] - 25:24 6:24, 7:14,10:24, page (l] - 32:11 place [51- 9:17, Pottinger[41- 3:14, 3:16, 3:23, questions [5) - 11:10, 11:15, Pages Ill - 35:7 14:10, 14:11, 5:12, 8:11, 10:14, 4:12, 4:13, 4:15, 6:2, 10:7, 19:2, 12:1, 12:5, 12:6, papers 11) - 20:24, 35:9 26:11 5:5, 5:10, 5:18, 20:16, 23:17 16:24 17:6, 25:24 Plan [7] - 3:17, Pottinger's [l] - 7:2, 7:7, 7:11, quickly 12] - 27:23, 32:4, 34:2 parapet(ll- 4:3, 6:3, 13:1, 10:19 7:12, 8:4, 8:7, 7:23, 23:24 One (51- 6:19, 16:22 23:7, 27:18, power [2] - 8:9, 8:17, 8:19, quite [i] - 15:24 10:13, 13:3, parcel [l] - 14:1 33:14 22:13, 25:21 8:22, 9:20, 10:19, 13:22, 17:14 parcels [5) - plan 121) - 4:8, practices [21- 10:20, 11:2, 11:4, R open [2] - 24:4, 4:14, 4:17, 4:18, 4:11, 4:16, 4:20, 30:6 30:12 11:10, 11:11, 29:15 4:19 5:22, 5:23, 6:5, preference ii - 14:24, 15:2, ark (t] - 25:8 16:17, 18:8, 18:9, R -2 d - 12:5 opened [i] - P 7:8, 9:18, 9:20, 4:5 25:20 parks [t] - 24:4 10:18, 11:20, prepared [l] - 19:19, 22:10, raise Ill - 1 : 8 art 5 4:15, 22:11, 23:14, raise (�] - :4 opinion [2] - 9:4, P [ 1- 12:9, 14:7, 14:9, 32:22 ran [�) - 16:4 30:18 4:20, 5:13, 7:22, 14:12, 14:14, preparing [11 - 24:14, 24:16, rate [il - 21:9 13:10 21:24, 27:6, 29:22 25:15, 26:1 opportunity (3) - 26:13, 26:16, rather (t) - 16:7 19:12, 23:2, particular [31- 28;18 PRESENT [2) - Rayburn 13) - 23:16 24:14, 26:19, PLAN [1] - 1:8 2:1, 2:11 26:23, 27:3, 27:6, 27:7 27:9 3:9, 15:21, 15:22 optimistic [t] - 27:17 planned 121- presented [1] - RAYBURN (l] - particularly [1] - 8;20, 26:17 32:23 proposed [21- I 30:21 7:1, 23:10 15:22 option 1t) - 26:16 Planned 13] - presently [�l - Raycorp [8] - 30:17 parties [ - 3:20, 3:22, 4:5 23:11 provide 111 - 14:21, 27:10, planner Ill - Preserve 1181- 11:1 3:8, 3:9, :1 ordinance [�) - P 15:23, 19:19, 8:6, 10:24, 30:16, 35:11, 35:13 13:4 5:4, 5:8, 7:12, provided (3] - ass [21- 6:10, 5:6, 10:18, 12:14 20:1, 20:4, 21:4 32:16, 33:8, P planning [2) - 8:12, 8:17, 9:7, Raycorp's [11 - 33:10, 33:20 21:13 7:10, 28:1 11:3, 12:12, Providing [l1- 28:18 Ordinance [�) passed (i] - Planning 17] - 12:15, 12:20, 22:13 32:21 12:22, 13:19, 15:10, 15:11, public [1sl - 3:6, read [z] - 19:6, 30:2, 30:3, 30:7, 19:9 30:8, 30:11, passive Ill - 19:14, 19:18, 17:15, 17:20, 3:21, 7:20, 13:24, 30:19, 32:13 12:19 20:1, 20:6, 21:22 18:2, 18:7, 20:10, 14:1, 19:4, 26:14, reading (l] - 4:3 organized (11- paving Ill - plans [4] - 6:14, 22:22 31:5, 31:14, ready [2] - 30:22, 31:2 26 21:20 18:20, 21:19, president ill - 31:23, 32:3 34:43 real [t] - 18:1 orientation (t1- PC [q - 29:16 32;22 15:23 34:14 really 16) - :1 19:23 pending ill - plantings [l1 previous (2] - published Ill - 18:13 12:17 26:14, 27:2 30:20 9:14,17:5, 31:9, original Ill - 33:3, 33:8 35:16 people [6] - 4:9, playground (t] - previously [11 - PUD [81- 11:9, [ Otherwise [l1- 11:24, 12:7,19:6. 21:13 27:21 11:11, 12:14, z) - 1 1:7, reason on [ 10:8 21:7, 25:22 point[71- 6:8, principal [11- 13:2,13:20, 14:3, out-buildings period 121- 9:2, 13:5, 14:19, 3:9 14:6, 15:19 receive [t] - Ill - 19:22 26:2 21:12, 31:5, 31:6, private 141 - 7:2, PUDs [1] - 14:2 20:23 ur - outcome [1] - permit [3] - 5:19, 31:7 7:20, 13:23, purpose Ill - received [l] 12:19 35:14 5:22, 25:14 pointing [l) - 13:24 4:15 permitted [ 30:15 problems (t) - purposes Ill - recently 11] - outlot (31- 11:22, 11:23, 32:17, 33:11 police [t] - 12:3 21:18 4:10,12:18 32:20 15:4 permitting [11- policy (11 - procedures [3] - pursuant [l] - receptive [l] - 9 5:7 18:13 27:14 32:20 30:4, 30:5, 30: outlots [4) - 5:1, 7:16, 14:20 perspective [1] - pond 131 - 6:22, PROCEEDING pursue [1) - 4:5 reclassification Put 3 7:17, [l1 14:15 overall [t] - 25:18 6:23, 11:16 S It) - 1:12 P [ 1 petitioner [5] - portion 12) - 5:5, Proceedings 15) 9:23, 18:5 recognize [�l - ' 27:16 10:23 owner [2] - 20:8, 20:18, 22:4, 27:3 - 3:1, 29:13, 32:1, puts ill - 33:12 15:23, 22:5 22:24, 23:3 position Ill - 34:15, 35:6 recommend [i] DepoCourt Reporting Service (630) 983 - 0030. 41 30:1 6:18, 27:2, 27:11, 16:12 17:23 someone [1) - station (1] - 12:1 recommendati 27:17, 28:1 road [6] - 6:21 sell [21- 14:22, 33:8 status 11] on [21- 21:23, requested 11] - 13:24, 14:2, 16:3 sometime [1) - 29:22 32:10 10:22 24:20, 26:2 Senffner(1] - 16:1 Stephanie [1] - recommendati requesting 11] - roads (6] - 7:2, 23:22 somewhere [11- 13:4 ons [21- 27:19, 6:17 7:20, 7:21, 13:23, senior 11) - 13:4 18:8 steps Ill - 33:21 33:16 requests [5] - 13:24, 22:9 sensitive [1] - soon [11- 9:22 still [3] - 20:16, recommended 30:9, 30:10, 32:7, Robert (l - 18:1 sort [31- 15:18, 21:1, 26:6 13) - 3:18, 11:9, 32:9 23:21 sent [1) - 24:2 19:1, 26:5 stone [1] - 16:23 13:1 required [4] - rooftop 11] - services [1) - south [1] - 8:11 stop [31- 9:23, recommending 7:5, 26:3, 33:14, 17:13 18:24 southeast(1) - 10:3, 21:14 1 32:13 33:15 Route [1 0) - set [5) - 20:20, 26:12 stoplight (2) - record [4) - 3:7, requirement [11 3:24, 4:1, 4:11, 24:2, 24:5, 26:6, southern 11] - 21:8, 21:19 26:5, 27:23, 31:6 - 6:22 8:10, 11:19, 35:21 5:4 Store [1) - 19:21 reenter 11] - requirements 19:19, 21:7, setbacks 111 - southwest [2] - store [5) - 13:11, 27:20 111- 22:1 21:10, 21:17, 7:21 11:20, 14:14 15:16, 17:1, reflect [1) - requiring [1) - 27:1 shielding 111- space 121- 15:9, 22:18, 23:9 12:23 17:10 run [11- 7:24 17:12 18:4 stores (6) - 5:2, reflected Ill - residential (13) - shopping 11] - speaking [z) - 18:12, 23:9, 30:18 5:20, 8:20, 8:23, $ 28:22 20:18, 24:8 23:10, 23:11, regarding [5] - 9:5, 19:20 22:6, shops [11- special [41- 23:13 19:20, 21:4 24:1, 22:8, 22:14, 18:22 30:10, 33:12, stormwater(4]- 27:13, 32:21 22:21, 24:10, safer [11 24:21 short [1] - 29:21 33:14, 33:17 11:17, 12:16, regards (5] - 24:14, 25:13, safety [1] - 11:24 shorthand 121 - specific 111- 26:21, 27:13 13:20, 14:13, 25:19 35:4, 35:8 21:24 straight [7] - sales [2] - 16:5, 24:8, 25:12, residents [4) - Shorthand [1] - speed [4] - 5:9, 3:13, 3:16, 3:19, 25:19 19 20:3 25:22 , 35:24 8:3, 21:9, 21:10 10:12, 11:12, I Sand (4] - 14:18, 14:3, 27:24 rehashing 111- 20:15, 21:15 shot 111- 22:8 spending [11- 16 :8 respect [11- 14:20, 14:22 show 111 - 4:16 25:24 strip [51- 17:21, SANDRA [1] - 23:8, 23:10, reiterate [21- 20 :9 showing [21- Spiers [1) - 21:3, 27:1 respond [11- 23 4:16, 26:23 23:21 23:11, 23:13 sat [1] - 25:7 reiterated [11- 23:23 shows 11] - 14:7 spoken (1) - 9:5 stub 111 - 26:23 12:13 response 141 - savings 11) - sign 11) - 17:7 spot 111- 15:17 study 11) - 6:7 re j ect [11- 13:2 29:3, 29:11, 3218 subdivision [111 ' related (3] - 31:22, 34:12 School 1q - signage [4] - squares 11) - 17 :6, 17:8.17:11 18:9 - 7:6, 10:4,12:8 responsibility i 5:17, 35:11, 19:24 signed (2] - SS 11] - 35:1 19:17, 21:2, 21:7, 35:12 [11- 35:18 screamed [1] - 23:19, 35:17 Still - 28:15 21:11, 21:13, 15:7 21:16, 22:21, release (1) - restaurants [1] - signs [t) - 21:14 staff [13) - 3:18, 25:14 18:23 screening [31 Silica [4) - 4:4, 11:9, 18:15, 25:6 released [1) - retail 11] - 16:13 11:1, 12:17, 14:18, 14:20, 27:22, 29:22, Subdivision [1] 25:15 Reterick[31- 12.18 14:22 30:1, 30:7, 30:21, - 20:13 24:3, 24:5, 26:7 scrutiny It] - sub ect [3] - relegated [1) - sister (1] - 28:16 32:10, 32:13, J 17:10 review (2) - 33:19 sit [z1- 22:11, 32:20, 33:1 4:12, 5:18, 26:13 second [51- 3:6 30:23, 33:15 , report [5] - 23:12 Staff [1] - 33:2 submit [1) - 6:4 29:21, 32:5, 32:8, reviewed [2) - 17:5, 22:4, 31:18, site 1161- 12:4, staffs (2) - substantially [z) 32:11, 32:20 14:12, 17:9 34:7 Second (5] - 13:7, 16:2, 16:3, 27:11 30:18 - 9:24, 10:3 Report Ill - 35:6 revise (1) - 5:22 16:16, 18:20, standard (2) - successful [3) - REPORT ill - revised 11) - 22 -4, 29 :7, 29 :18, 21:4, 22:3, 22:5, 8:18, 30:6 4:24 5:24, 9:13 suggests 31:17, 34:8 ests [1] - 1:12 14:10 22:6, 22:9, 22:14, standing 11) - 9g reported 111- rezoning [61- seconds [11- 23:5, 27:3, 27:13, 7:14 4:4 35:4 3:22, 18:13, 27:15 standpointll] - 23 :23 suit 12) - 35:12, _ 26:15, 26:17, see (7) - 7:13, sifting [21- 23:9, 30:21 35:13 Reporter[1)- 9:19, 11:8, 11:19, 35:24 27:17, 27:24 25:22 stared [1) - 16:2 suitability [1) - 12:11, 17:19, Sixth 111 - 23:8 start [2] - 9:14, representative rid 11] - 18:10 27.7 8:18 111 - 27 :5 Ridge 111- 16:12 sized [1) - 11:16 33:9 Sunflower[7] - representat)ve right -in [1] - seeded [1) - skylighting 11] - starts [1] - 18:10 19:6,19:17, 20:2, 18:5 20:13, 21:16, right [1] - slow 11) - 21:14 35:1 s (1] - 20:19 6:10 17:18 STATE 12) - 1:3, reproduced 111- g seem Iz1- 16:9, 24:2 25:16 22:19 Sunflower's 11) ' 35:19 6:10 smallerll) - 5:2 state (11- 28:23 selective (1) - Road 121 - 1:15, solely 1 21:21 states 1 6:4 - 24:17 request (s) - y [ 1- ill DepoCourt Reporting Service (630) 983 -0030 42 support 121 - topography [41- 20:3, 21:24 view [11- 22:10 - 1:8 10:6 28:17 7:6,13:7, 13:13, unanimous I11- viewpoint Ill - Yorkville (61- supporting Ill - 26:20 13:1 10:17 1:15, 16:22, 28:24 towards Ill - Under (1l - Village [11- 19:14, 19:24, supports Ill - 4:23 14:14 16:15 21:5, 28:21 9:10 town (21- 22:17, under 181 visibility [11- YOUNG I11- surface (1l - 33:9 14:15, 24:10, 13:12 2:15 26:2 Town Ill - 16:11 25:13, 25:16 voice [11- 23:16 surrounded I11- traff le (n1- 6:6, 26:3, 33:12, Z 9:6 9:19, 12:9, 21:5, 35:17, 35:19 W sustain 1 - 9:6 21:6, 21:8, 21:17, unfortunately zone [11- 12:13 swear Ill - 28:6 21:19, 24:7 24:9, 111- 20:24 zoned [21- 15:2, sworn 131- 3:4, 24:11, 24:13, Unfortunately waivers (1l - 28:3,28:11 24:18,25:1, 25:4, Ill - 19:23 6:18 24 Walgreen's (1l - zon ing [231- o 26:4 unions [1l - n sync [11- 8:13 14:21 3:13, 3:16,3:19, trail 11l - 7:10 32:18 T transcribed [41- Unit [21- 3:20, Wally (31- 24:3, 3:20, 8:6, 8:8, 3:2, 29:14, 32:2, 3:22 24:4, 25:10 8:9, 8:11, 8:14, 34:16 unit Ill - 26:17 Walsh (31- 10:1, 8:19, 10:12, Taker Ill - 2:15 transcript [21- UNITED Ill - 1:8 23:21, 23:22 10:21, 11:12, talks (11- 8:6 35:8, 35:16 United [11- warranted 131 - 13:2, 14:1, 14:4, tenant Ill -9:16 24:10,24:11, 14:10,14:11, transitional [z1- 19:14 14:16, 15:8, tend (1l - 16:22 14:7, 14:8 units Ill - 17:13 24:13 terms 121 - 7:18, warrants I11- 30:10 traveling [21 - unsightly Ill - Zonin � 8:5 21:9, 21:10 17:13 9:22 g l 1 testimony (11- TRAVIS Ill - up 1201- 5:9, 6:9, watched [11- 30:2, 30:3, 30:7, 35:21 25 :7 30:8, 30:11, 2:13 8:3, 8:16, 10:9, 30:18, 32:12 text[5] - 30:7, Travis [11- 13:5, 13:23, Water [11- 22:11 30:15, 30:22, 32 :24 14:24, 17:3, water [4l - 31:1, 33:2 tree [11- 10:22 17:19, 18:18, 13:14, 13:15, THE Ill - 1:7 trees 131 - 10:24, 20:20, 21:9, 24:2, 22:23, 25:1 8: Therefore [1l - 11:2, 18:5 24:6, 26:6, 32:24, west [z1) - 8:12, 22 :1 Trend [11 9:10 33:1, 33:2 8:17 wetlands [21- thereof [21- triangular [11- update [z1- 5:18, 27:14 35:14, 35:17 5 : 5 10:16 26:6 thereupon (2) - tried [31- 16:3, updating Ill - whereof [1l - 3:3 28:10 16 : 4 30:8 35:21 thinking Ill - trip [21- 24:12, useful [11- whole [3l - 5:13, 15:17 24 : 24 11:23 5:14, 6:1 Ili ( Third [1l - 22:16 true Ill - 35:7 user [31- 13:17, willing Three Ill - 14:21 try [11- 24 :2 16:13, 18:16 1 wn three 151 - 4:13, turn (51- 8:1, users [61- 3:14, windows (11- 4:19, 11:17, 17:1, 8 :2, 14:21, 15:3, 6:19, 7:17,18:14, 7:16 27:10 15:21 18:21 wishes [1l - 31:8 tie Ill - 28:21 turning I11- uses [z1- 8:7, withdraw (11- tie -in Ili - 28:21 24:21 32:17 3:19 tilt 111 - 17:3 two 151 - 5 :2, worse [11- 21:18 today's [1l - 9:3, 18:17 32:7, V 22:7 32:11 wrap [11- 18:7 [ written [31- TOM Ill - 2:9 two -page [tl - vacant [41 8:8, 6 written en 3, 33:6 Tom [31- 3:9, 32:11 8:9 22:20, 23:9 15:21, 15:22 type (3) - 12:19, tonight [41- 3:9, 15:3, 17:10 variance [11- Y 17:10 3:21, 10:15, typical [21- variances [1l - 30:21 17:3, 18:22 13:20 year 111- 8:24 Tony (71- 3:10, ears 11] - 15:7 ' 5:9, 8:1, 8:2, versa [11- 12:2 Y U versus [11- yesterday (2) - 10:8, 16:8, 20:23 19:8 took (1l - 14:10 11:11 top [1l - 17:6 unable (z1- vice Ill - 12:1 YORKVILLE (1] DepoCourt Reporting Service (630) 983 -0030 03111/2008 10:26 3123465777 DRURY PAGE 02103 March. l 1, 2008 United City of Yorkville Planning Board VIA TELECOPIER (630) 553 -3436 Dear Board Members As residents of the Sunflower. Estates subdivision., we attended the last Planning Board meeting in February where the Raycorp property at Route 71 and 47 was on the agenda regarding a change from residential to commercial use, i.e., a potential Tewel Food Store and commercial out - buildings. Unfortunately, "freshman orientation" night at Yorkville High School is at the same time as Raycorp will be addressing the Planning Board on March 12th and we, and other Sunflower. Estates residents will be unable to attend the meeting when Raycorp will once again come before the Board. Please accept this letter as our forrnal address to the Planning Beard. At the February meeting the petitioner stated that they had been working with and addressing concerns with respect to the forest preserve, neighboring businesses and fantirs and the City. Michelle Moses spoke at that meeting and expressed our concerns about the effect commercial use would have on the Sunflower Estates subdivision. Tt was expressed that as j former officers of the now dissolved homeovoiers' association, many residents still. look to us for answers to questions that effect our neighborhood. In speaking with the petitioner and his jrepresentatives after. the February meeting, we were told that they would work with us ao.d possibly setup a meeting with us and our distnet's aldennen. to address our concerns_ Wbile Michelle Moses did receive a couple of calls .h-ow Tony Graft., unfortunately, no meeting has taken place and we are still in the dark as to the effect this development would have on our subdivision. We would like to reiterate our concerns regarding the Raycorp site. First, as Yorkville grows, traffic becomes more and more of an issue. We already have traffic issues in our subdivision from people cutting through from Rt. 71 to avoid traffic back up at the stop light. Many of these cars, after traveling at a high rate ol'speed on Rt. 71, continue at that speed while traveling through our subdivision.. We should point out that cars cutting through our subdivision pass by our playground and there ore no Stop signs to slow them down. Further, many times it is very difficult for residents of Sunflower to get out of our subdivision at the Rt. 71 entrance. A commercial, high traffic development would only make these problems worse. Any plans for a stop light or traffic determent paving or curbs should be "mandatory" and should solely be at the developer's expense. It is our understanding that the Planning Board's function is to a make a recommendation to the City Council a.n.d the .13oard is un..able to make specific mandatory plan requirements, therefore, we cannot be assured that these concerns will be addressed and 03/11/2008 10:26 3123465777 DRURY PAGE 03/03 encourage denial of any commercial use at the site at this dune. Second, the petitioner is the second owner of the site and has said that there is no interest in the site for residential use, especially given today's economy. Economy aside, we do not feel that residential. use was ever given. a .fair shot at that site. There are no roads that would allow potential buyers to view the property or the models that sit on the property, there are no curbs, water drainage is an issue, and the models don't even have power. Providing the basics would go a Jong way in making the site attractive to potential. residential buyers. Third, as we stated at the February meeting, there is no question that our end of town needs a grocery store, however, we are concerned about crowding in. this area. Tt would seem that there is an abundance of vacant land available for a market where crowding a residential subdivision and forest preserve isn't necessary_ Fourth, water drainage is an issue which, petitioner stated would be taken care. however, at this time, since we have not had the opportunity to formally address our concerns with petitioner, we would like further explanation on this issue. Fifth, changing the site to commercial use is not in compliance with the Comprehensive Plan. Sixth, given the economy, many strip stores are sitting vacant. While a food store is an anchor which would make the proposed strip stores attractive, what about the strip stores that presently sit empty? Building more when we can't fill existing seems irresponsible. We question whether strip stores are a good use of the property. Thank you for allowing us the opportunity to voice our concerns. If you have any questions, please feel free to call Michelle Moses (530) 882 -5510 or Lumie Emini (63 0) 553 - 9803. Michelle and Fdmon.d Moses 1844 Columbine Drive Lumie M. Ernini 1854 Columbine Drive Robert Spiers 225 Walsh Circle Michelle Senffner 1882 Walsh Drive o United City of Yorkville ll ' % 800 Game Farm Road !T. , ' 1836 Yorkville, Illinois 60560 -4 -� Telephone: 630 -553 -4350 o� Fax: 630 -553 -7575 4-E PLEASE SIGN IN MEETING: DATE: :S- J �' NAME COMPANY PHONE NUMBER I�1 t c.n 1030 -9 <C3� d0 30 I � ru IUG h� S 6 - 1Z3d w'e yak' - G6�f� Zee - 2 y V ed k /amt I l r nr-A . o � ►. �l J. 14tap-c" fn.� SS.3 9.r6o I 1p I I I