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Plan Commission Minutes 2008 11-12-08 Page 1 of 4 APPROVED 12/10/08 UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY COUNCIL CHAMBERS Wednesday, November 12, 2008 7:00pm Chairman Anne Lucietto called the meeting to order at 7:00pm. Roll Call: Charles Kraupner Jack Jones Jeff Baker Clarence Holdiman Anne Lucietto Mike Crouch (arr. 7:35pm) Absent: Sandra Adams, Brian Schillinger, Tom Lindblom Other City Staff: Travis Miller, Community Development Director Joe Besco, City Council Liaison Stephanie Boettcher Charles Wunder Guests: Lynn Dubajic, YEDC Matt Schury, Kendall County Record Lynette Neal, DepoCourt John Paravola Richard Scheffrahn Andrew Kolb, Attorney Dave Schmelzle Minutes: September 10, 2008: Approved unanimously on a motion by Baker and second by Holdiman. October 8, 2008: Approved unanimously on a motion by Holdiman and second by Baker. Both approved on voice vote Chairman Lucietto swore in those who would be speaking during the Public Hearings. Public Hearings: 1. PC 2008 -22 G. B. Illinois 2, petitioner, filed an application requesting a special use for a drive through facility. The property is located on Lot 5 of the Cobblestone Subdivision and consists of 2.33 acres. It is located at the southeast corner of Rte. 34 and Eldamain Rd. On a motion and second by Holdiman and Jones respectively, the Public Hearing was opened and approved by voice vote. Attorney Andrew Kolb was present on behalf of CVS Pharmacy. I I 2 of 4 (See Court Reporter's transcript of Public Hearing) At the conclusion of the testimony, a motion was made by Jones and Holdiman respectively, to close the Public Hearing. Motion passed on voice vote. Discussion: Attorney Kolb noted that there would be no direct access and customers must enter off a loop road. Travis Miller presented a brief staff report and said that signage variances will go before the Zoning Board of Appeals. Action Item 1. Special Use Baker moved and Holdiman seconded the motion to approve the special use requested in PC 2008 -22, subject to staff comments. Roll call vote: Jones -aye; Baker -aye; Holdiman -aye; Kraupner -aye; Lucietto -aye. Unanimous approval. I 2. PC 2008 -23 Full House Ventures, petitioner, filed an application requesting a Section 10 -7B -8, Special Use: Single Family Apartments in Business Buildings. The property consists of approximately .17 acres and is located at 125 W. Hydraulic St. The Hearing was opened on a motion and second by Jones and Holdiman, respectively. Vote voice approved motion. John Paravola and his wife own the property and requested to put two apartments in the lower floor of the building since they had not been successful in leasing the space to businesses. (See Court Reporter's Transcript) Following testimony, the Hearing was closed on a motion by Holdiman and second by Jones. Unanimous voice vote. Discussion: Travis presented staff comments and said the request is to allow special use for residential units in a business building. One enclosed parking space is required by ordinance, for each multi - family unit, which this property does not provide due to physical limitations. The petitioner is seeking variance relief for this. Second, the ordinance allows for only 2 residential units for each business unit. In the staff comments, it was noted that the Plan Council recommended a 3 -year term on the residential units. The Commissioners discussed whether it should be 2 or 3 years. Page 3 of 4 In another recommendation, the staff asked that the petitioner to consider donating two trees to the City. This is due to the landscape ordinance that requires one tree on the property when a special use is requested. Because of limited space and safety concerns, the tree donation was suggested and agreed upon by the Commissioners. To clarify his request, Mr. Paravola said that one business and two apartments would be housed in the building. And he added that there is only 4 feet behind the building —not enough room for parking. Baker commented that at one time (in 1993), no apartments were allowed in B -3 zoning, but that was later changed. He said he preferred not to have apartments on the lower floor with a business on the top floor. (Commissioner Crouch arrived at this point [7:35pm]) Action Item 1. Special Use Kraupner made a motion to approve PC 2008 -23 Special Use subject to staff comments. The motion was seconded by Holdiman. Roll call vote: Kraupner -aye; Holdiman -aye; Baker -nay; Jones -nay; Lucietto -aye. Motion passed 3 -2 3. PC 2008 -25 City is considering amending Section 10 -11 -3A of the Zoning Ordinance to incorporate time limitations for parking certain types of vehicles within the business and manufacturing districts. A motion was made by Jones and seconded by Holdiman to open the Hearing. Approved on a voice vote. Travis Miller explained this is a text amendment to the ordinance to include a specific time period whereby commercial vehicles can be parked at business locations. This matter resulted from a complaint. The proposed time limit is 24 hours. (See Court Reporter's transcript) After the explanation from Miller, a motion was made and seconded by Jones and Kraupner, respectively, to close the Hearing. Voice vote approval. Discussion Some of the discussion included: 1. What happens to delivery vehicles? 2. Vehicles would be permitted to be parked at car repair businesses longer than 24 hours 3. Issue of parking longer than 24 hours is a safety and aesthetic issue. 4. Policy too open- ended. 5. Trucks parking overnight not governed by the 24 -hour rule. 6. If on private property, police can't enforce unless complaint by property owner. 7. Property owner may be difficult to reach Page 4 of 4 It was decided that more research is needed, so a motion was made and seconded by Jones and Crouch, respectively, to table this issue. Approved on a unanimous voice vote. This matter will come back to Plan Commission in December. Additional Business: 1. Mining ordinance draft and discussion Travis stated that there are no mining petitions at this time, however, the current ordinance is vague. Charles Wunder obtained information from nearby communities and shared this with the committee members. He found that Kendall County has extensive regulations. Travis added that the County has a planning area of 75 square miles much of which is not incorporated At the request of the committee, Miller will draft text and schedule a Public Hearing by December. Chairman Lucietto noted that in 2009, this committee will meet at the Library due to a scheduling conflict. Commissioners were asked to pick up a copy of the approved Comprehensive Plan. Ms. Lucietto recently went before the City Council and recommendations were made and were separated from the rest of the plan. In six months, those will be reviewed by the Plan Commission. Planning Consortium will be held the 20 at the Oswego Village Hall at 7pm. "Green" topics will be discussed. On November 13 at 7pm, a zoning ordinance review will be started. It will be held at City Hall. Lynn Dubajic announced that the new animal hospital on south Rt. 47 will open November 13 th . There was no further business and a motion was made and seconded by Crouch and Kraupner to adjourn the meeting. Adjourned at 8:10pm. Minutes respectfully submitted by Marlys Young, Minute Taker United City of Yorkville l 800 Game Farm Road T 1836 Yorkville Illinois 60560 Telephone: 630 - 553 -4350 ® Fax: 630 -553 -7575 PLEASE SIGN IN NSIETING: r C D -ATE: I- l a - n NAME COMPANY PHONE NUMBER vkwo &k)A I C United City of .Yorkville 800 Game Farm Road T 1836 Yorkville, Illinois 60560 Telephone: 630 -553 -4350 ®_® Fax: 630 -553 -7575 ?1EASE SIGN IN 1VlEETING: l rc r� . ,Trn ►� D -ATE: NAME COMPANY PHONE NUMBER r va /0 c Wu v - ,-,Q4 % 3c1 9 / F - 7 6 6J � UNITED CITY OF YORKVILLE, ILLINOIS MEETING OF THE PLAN COMMISSION REPORT OF PROCEEDINGS taken at the meeting of the Yorkville Plan Commission for the United City of .Yorkville, taken on November 12, 2008, at the hour of 7:00 p.m., before Lynette J. Neal, C.S.R., at 800 Game Farm Road, Yorkville, Illinois. D- 861908 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. JEFF BAKER, 4 MR. MICHAEL CROUCH, 5 MR. CHARLES KRAUPNER, 6 MR. JACK JONES, 7 MR. TRAVIS MILLER, 8 MR. CLARENCE HOLDIMAN, 9 MS. MARLYS YOUNG. 10 - - - 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 i 3 1 CHAIRMAN LUCIETTO: We have three public 2 hearings on our agenda this evening and what we 3 are going to do is take each one separately and 4 actually do the action on them, like we normally 07:04PM 5 do. I am explaining it for those of you who 6 haven't been here before. 7 Prior to that I ask that anyone who 8 will speak for any of the three, I will swear you 9 in, because it is a public hearing for a legal 07:04PM 10 record. If you are going to speak, please stand 11 and I will ask you to repeat after me. 12 (The witnesses were 13 thereupon duly sworn.) 14 CHAIRMAN LUCIETTO: Thank you. First 07:04PM 15 public hearing that we have is PC 2008 -22, GB i 16 Illinois, an Indiana Limited Liability Company. 17 I'm not going to read the whole thing. I'll look 18 for a motion to open the public hearing. 19 MR. HOLDIMAN: So moved. 07:04PM 20 MR. BAKER: Second. 21 CHAIRMAN LUCIETTO: We have a motion and 22 a second. We are now in the public hearing for 23 PC 2008 -22. Please introduce yourself prior to 24 speaking. DepoCourt Reporting Service (630) 983 -0030 4 1 MR. KOLB: Good evening, Commissioners. 2 My name is Andrew Kolb, K- o -1 -b. I am an attorney 3 at the law firm of Bazos, Freeman, Kramer, 4 Schuster, Vanek & Kolb in Elgin, and we represent 07:05PM 5 Girsman, Brown & Crowley, the developer, and also I 6 CVS Pharmacy. 7 We are very pleased to be here 8 tonight to present our CVS Pharmacy project. 9 Before we go any further, did I hear there was a 07:05PM 10 quorum established? 11 CHAIRMAN LUCIETTO: Yes. 12 MR. KOLB: Okay. This particular 13 project, admittedly we are a bit out in front of 14 the underlying developer as far as time tables go, 07:05PM 15 so we appreciate you allowing to us continue on 16 with our zoning petitions. And we also have a 17 pending sign variance before the Zoning Board of 18 Appeals which is set for public hearing in early 19 December, so we appreciate you accommodating us 07:06PM 20 and allowing us to continue to move forward while 21 we work out the underlying issues with the 22 underlying property owner. 23 We are very excited about this 24 project. CVS is extremely excited about it. It DepoCourt Reporting Service (630) 983 -0030 5 1 is going -- potentially going on the 2.33 -- 2 2.33 -acre site that's located at the southeast 3 corner of Route 34 and Eldamain. It is Outlot 5 4 of the Cobblestone South development, and this 07:06PM 5 particular development hasn't really commenced yet 6 as far as any specific engineering or earth - moving 7 activities. You can drive out there and there is 8 not much development happening. We are obviously 9 going to be -- we anticipate being the first 07:06PM 10 retail development out there and we look forward 11 to being the anchor to get the rest of the 12 development going. 13 The site again is 2.33 acres and 14 the current underlying zoning classification for 07:07PM 15 this property is B -3 service business district. 16 The property is owned by Cobblestone South, LLC, 17 whose manager I believe it Tim Tine. The 18 principal place of business of Cobblestone South 19 is 372 River Ridge Road in Elgin. CVS Pharmacy 07:07PM 20 proposes their new prototype, a 30,225 square -foot 21 prototype, very modern energy- efficient building, 22 and it is going to offer the typical pharmacy type 23 retail services, including pharmaceuticals, 24 grocery products, health care products, cosmetics, DepoCourt Reporting Service (630) 983 -0030 6 1 cameras, camera supply, film processing services, 2 potentially alcoholic beverages in some limited 3 fashion permitted in accordance with your code and 4 whatever licenses or permits are required there, 07:07PM 5 and other products in rendering other services 6 customarily given by a full - service retailer, 7 pharmaceutical retailer, like CVS Pharmacy. 8 Your current zoning ordinance, like 9 I had mentioned before, is B -3 service business 07:08PM 10 district. The special uses in your code under B -3 11 incorporate B -2, and B -2 incorporates B -1, and B -1 12 incorporates O. In accordance with a recent 13 ordinance that you passed, 2008 dash 24, a 14 drive - through facility will be added a special 07:08PM 15 use under O, so in accordance with that ordinance, 16 2008 dash 24, we are petitioning for this special 17 use for the drive - through facility to make it 18 valid. 19 Although the submission of ! I 07:08PM 20 Cobblestone Corners in their planned unit 21 development agreement, or under their development 22 agreement, had some reference to a drive - through, 23 the corporate attorneys of CVS in Rhode Island 24 felt it prudent to nonetheless apply for this DepoCourt Reporting Service (630) 983 -0030 7 1 special use even though there was some reference 2 to a drive - through in their submission just to 3 make it clear that we hadn't passed over any 4 issues and there be no issue after the fact 07:09PM 5 whatsoever that a drive - through is valid. So we 6 are happy to do it. 7 We met with staff earlier, I 8 believe it was towards the end of September, to 9 review our site plan. And the site plan was 07:09PM 10 revised a bit from what was originally submitted 11 in your packets. If I could, I would just read 12 into the record the submission materials that we 13 have submitted. We submitted your application on 14 your form. I already gave Travis Miller, the 07:09PM 15 community development director, the list of green I 16 cards and joint properties owners to establish 17 notice so he has that as well as an affidavit 18 indicating that notice was properly sent out. 19 We have the application form that's 07:09PM 20 on the web site. I have an owner's consent form 21 signed by CVS Pharmacy. I have a certification of 22 the officers and members of CVS. I have the site 23 plan, which we submitted, and then I have a 24 vehicle stacking map. And even though the site DepoCourt Reporting Service (630) 983 -0030 8 1 plan was modified through a subsequent submission, 2 I think the original vehicle stacking exhibit 3 still would apply because that portion of the site 4 plan really hadn't been modified. 07:1OPM 5 And, in addition, from reading your 6 comments in your memorandum, I would like to bring 7 out the fact that I do have a sign package here 8 for what we're proposing as signage. There was a 9 comment in your report indicating that you would 07:10PM 10 like to see the connections of the signage from 11 the drive - through. And I can certainly can 12 circulate this sign package, although it is a 13 subject of a pending variance petition before the 14 zoning board, we haven't had a public hearing on 07:1OPM 15 this, it is what we are proposing today. I have 16 only two or three of them, but I will pass it 17 around if you want to see this as far as the sign 18 package we are looking at. I can do that at any 19 time if you want or we can wait until that issue 07:lOPM 20 gets brought up. 21 So your ordinance requires that I 22 address a number of standards. Included in there 23 is a statement. Depending upon how indepth you 24 want to see those standards addressed, we can talk DepoCourt Reporting Service (630) 983 -0030 9 1 about them or we can just refer to what I have 2 written. I tried to put a paragraph or two in the 3 application to address it, but the drive - through 4 is a tremendous convenience to people. It is in 07:11PM 5 our experience that patrons love to -- when they 6 pick up a pharmacy, if they have small children or 7 they're elderly or if it is cold, not to have to 8 get out of the vehicle. The drive - through has two 9 lanes for convenience so we never have a 07:11PM 10 significant wait. Unlike a bank drive - through or 11 a fast food drive - through where you would see 12 stacking considerably, maybe two or three cars, we 13 at CVS rarely see more than one or two cars at 14 once. In fact, we average maybe somewhere around 07:11PM 15 three an hour, even less at times, depending upon 16 volume. 17 There is potential to have more 18 there but it is in our experience that we 19 typically don't see more than at least what your 07:11PM 20 ordinance allows, so we think we have 21 accommodated -- vehicle traffic in the 22 drive - through meets your stacking requirements as 23 you indicated in your application. 24 So with that I think we can go DepoCourt Reporting Service (630) 983 -0030 10 1 through the site plan and talk a little bit about 2 how the building is laid out, or if that's 3 self - explanatory, I can address any questions you 4 all have. 07:12PM 5 CHAIRMAN LUCIETTO: Anyone in the i 6 audience have any questions for Andrew? Not 7 hearing any, I entertain a motion to close the 8 public hearing. 9 MR. BAKER: So moved. 07:12PM 10 MR. KRAUPNER : Second. 11 CHAIRMAN LUCIETTO: All in favor say 12 aye? 13 (Chorus of ayes.) 14 CHAIRMAN LUCIETTO: Not in favor, nay? 07:12PM 15 (No response.) 16 CHAIRMAN LUCIETTO: The public hearing 17 is closed. 18 (Whereupon a portion of the 19 hearing was had but not herein 07:12PM 20 transcribed.) 21 CHAIRMAN LUCIETTO: The next item in our 22 public hearing is PC 2008 -23 from Full House 23 Ventures. They are looking to build some family 24 apartments and business buildings. I entertain a DepoCourt Reporting Service (630) 983 -0030 11 1 motion to open PC 2008 -23. 2 MR. JONES: So moved. 3 CHAIRMAN LUCIETTO: Do we have a second? 4 MR. KRAUPNER: Second. 07:16PM 5 CHAIRMAN LUCIETTO: All in favor, say 6 aye? 7 (Chorus of ayes.) 8 CHAIRMAN LUCIETTO: Opposed, nay? 9 (No response.) 07:16PM 10 CHAIRMAN LUCIETTO: Please introduce 11 yourself for the record. 12 MR. CARVOLLA: Good evening. My name is 13 John Carvolla. My wife and I live at 145 West 14 Hydraulic, and what we are requesting is a special 07:17PM 15 use to put two apartments in the lower section of 16 the building. Currently there is four apartments 17 upstairs and three I guess you would call them 18 office spaces on the lower level. We have had 19 some trouble leasing those units out. 07:17PM 20 Bill Dettmer walked through them 21 last week and he agreed with us that a good use 22 would be apartments and we could bring them up to 23 code. We are asking just for a three -year special 24 use. We purchased the building two years ago DepoCourt Reporting Service (630) 983 -0030 12 1 because of the B -3 zoning. We realize the value 2 of that. We own our own business, a small pool 3 company. Again, we just had some tough luck down 4 there. It is kind of a unique spot, off the 07:17PM 5 beaten path, about a block off of 47 to the west 6 of Hydraulic. We have parking right in front, 7 but, again, it is kind of a tough location with 8 the vacancies and the commercial stuff down there. 9 Again, we are just requesting to 07:18PM 10 turn it to apartments, just two of the units, just 11 for three years. If we can lease them, you know, 12 before that to business, we would love to do that. 13 You know, in three years it would just go back to 14 B-3. 07:18PM 15 CHAIRMAN LUCIETTO: Anyone in the 16 audience have any questions? Okay. 17 AUDIENCE MEMBER: I have a question. 18 After three -- 19 CHAIRMAN LUCIETTO: Excuse me, you 07:18PM 20 didn't swear in. I need to swear you in. I need 21 you to stand and raise your right hand and repeat 22 after me. 23 (The witness was thereupon duly 24 sworn.) DepoCourt Reporting Service (630) 983 -0030 13 1 CHAIRMAN LUCIETTO: If you would kindly 2 state who you are and what your address is and 3 then you can start asking him questions. 4 AUDIENCE MEMBER: David Schmelsy. I 07:19PM 5 live at 207 State Street, about a block- and -a -half 6 south of the property. I was just curious if this 7 was approved, after three years what does it 8 revert back to? 9 MR. CARVOLLA: Back to B -3, correct. 07:19PM 10 AUDIENCE MEMBER: For the business use. 11 MR. CARVOLLA: Yes, sir. 12 CHAIRMAN LUCIETTO: Okay. Any other 13 questions or comments? Okay. Then I entertain a 14 motion to close the public hearing. 07:19PM 15 MR. HOLDIMAN : So moved. 16 MR. JONES: Second. 17 CHAIRMAN LUCIETTO: We have a motion and 18 a second. All in favor say aye? 19 (Chorus of ayes.) 07:19PM 20 CHAIRMAN LUCIETTO: Not in favor, nay? 21 (No response.) 22 (Whereupon a portion of the 23 hearing was had but not herein 24 transcribed.) DepoCourt Reporting Service (630) 983 -0030 14 1 (Mr. Crouch enters.) 2 CHAIRMAN LUCIETTO: All right. We are 3 on PC 2008 -25. It is -- the City is looking for 4 an amendment to the zoning ordinance to 07:37PM 5 incorporate time limitations to park certain types 6 of vehicles within the business and manufacturing 7 district. Do I have a motion to open that public 8 hearing? 9 MR. JONES: So moved. 07:37PM 10 MR. HOLDIMAN: Second. 11 CHAIRMAN LUCIETTO: All in favor say 12 aye? 13 (Chorus of ayes.) 14 CHAIRMAN LUCIETTO: Not in- favor, nay? 07:38PM 15 (No response.) 16 CHAIRMAN LUCIETTO: Okay. Public 17 hearing PC 2008 -25, United City of Yorkville, is 18 open. I assume Travis has the information on this 19 one. 07:38PM 20 MR. MILLER: Yes. This is a text 21 amendment recommendation to the zoning ordinance 22 to include a specific time period whereby vehicles 23 can be parked in a commercial district -- 24 commercial vehicles can be parked in a commercial DepoCourt Reporting Service (630) 983 -0030 15 1 district as well as other types of vehicles. 2 The history on this, staff received 3 complaints over the past several months regarding i 4 a specific property in town where tractor - trailer 07:38PM 5 and semi trucks were being parked and questioning 6 about were they permitted to park there, what kind 7 of time periods. And so through the enforcement 8 of just ensuring that the property -- the use was 9 in compliance, it was explained to me that a 07:39PM 10 24 -hour period is always the rule of thumb. The 11 semi truck was parked in a parking lot for longer 12 than 24 hours, the situation is where it was 13 becoming a problem, and they were asked to move -- 14 it was there beyond the 24 -hour period and it was 07:39PM 15 considered to be in violation and they were asked 16 to move the vehicle. And it has worked 17 successfully over the past number of years in 18 controlling the problem. 19 Upon further research that 24 -hour 07:39PM 20 period isn't a code violation in any zoning 21 ordinance or any other ordinance, so this is a 22 recommendation to codify a procedure that has been 23 working. The 24 -hour period is an arbitrary 24 number. Bill and his staff put a lot of thought DepoCourt Reporting Service (630) 983 -0030 16 1 to it a few years back and tried to come up with a 2 number that made sense. Staff made a comment and 3 the committee asked for the public safety 4 committee to weigh in on this. So it has been in 07:40PM 5 front of a couple of committees, and the direction 6 of the City Council was to move forward with the 7 public hearing and your review and recommendation. 8 So the second page of the staff 9 report shows the new text. We already have for 07:40PM 10 residential districts the language in Paragraph 1, 11 residential districts or any other. So what this 12 proposed text amendment does is create new 13 language for business and manufacturing districts. 14 Are there any questions? 07:40PM 15 CHAIRMAN LUCIETTO: Does the public have 16 any questions for the hearing on this particular 17 issue? Evidently not. I will accept a motion to 18 close the public hearing. 19 MR. JONES: So moved. 07:41PM 20 MR. HOLDIMAN : I will second. 21 CHAIRMAN LUCIETTO: We have a motion and 22 a second. All in favor say aye? 23 (Chorus of ayes.) 24 CHAIRMAN LUCIETTO: Not in favor, nay? DepoCourt Reporting Service (630) 983 -0030 17 1 (No response.) 2 CHAIRMAN LUCIETTO: The public hearing 3 is closed. 4 (Whereupon a portion of the 5 hearing was had but not herein 6 transcribed.) 7 - - - 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 18 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 17, inclusive, is a true, correct, and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid. 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit, nor am I in any way related 14 to any of the parties to this suit, nor am I in 15 any way interested in the outcome thereof. 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only. I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction. 22 23 24 DepoCourt Reporting Service (630) 983 -0030 19 1 In testimony whereof, I have 2 hereunto set my hand this 24th day of November, 3 A.D., 2008. 4 5 l JJYIILL 6 Lynette Neal 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 0 addition [11- 8:5 bit [3] - 4:13, 7:10, 17:3 p address [4] - 8:22, 10:1 Cobblestone [41- 5:4, l 084 - 004363 Ill- 19:7 9:3,10:3, 13:2 block 121 - 12:5,13:5 5:16, 5:18, 6:20 dash [21 - 6:13, 6:16 [1l - 1:22 addressed [1l - 8:24 block- and -a -half [1l - code 141- 6:3, 6:10, dash [21- admittedly [1l - 4:13 13:5 11:23, 15:20 David [1] - 13:4 - 1 [11 - 16:10 aff idavit [11 - 7:17 Board Ill - 4:17 codify [1l - 15:22 December Ill 0 developer 2 12111- 1:11 [11 aforesaid Ill - 18:10 board Ill - 8:14 cold Ill - 9:7 e - 11 : 145 [1] - 11:13 agenda (1l - 3:2 bring [2] - 8:6, 11:22 commenced [1] - 5:5 der (z1 - 4:5, 1711] - 18:8 ago [1l - 11:24 brought [1] - 8:20 comment [z] - 8:9, 4:14 agreed [11- 11:21 Brown [11- 4:5 16:2 development (8) - 5:4, 2 agreement [21 - 6:21, build [11- 10:23 comments [z1- 8:6, 5:5, 5:8, 5:10, 5:12, 6:22 building [a] - 5:21, 13:13 6:21, 7:15 2.33 [z] - 5:1, 5:13 2.33 -acre [1] - 5:2 alcoholic [1l - 6:2 10:2, 11:16, 11:24 commercial [41- 12:8, direction [2] - 16:5, 2008 [41- 1:12, 6:13, allowing 12] - 4:15, buildings ill - 10:24 14:23, 14:24 18'21 4:20 business [91- 5:15, COMMISSION [11- director [�] - 7:15 6:16, 19:3 ' 2008.22 [21- 3:15, allows [1] - 9:20 5:18, 6:9,10:24, 1:5 district 151- 5:15, amendment [31- 14:4, 12:2, 12:12, 13:10, Commission [11- 6:10, 14:7, 14:23, 3:23 15:1 2008 -23 [21- 10:22, 14:21, 16:12 14:6,16:13 1:10 anchor [1l - 5:11 districts 131 - 16:10, Commissioners [1] - 11:1 16:11, 16:13 2008 -25 [zl - 14:3, Andrew [21- 4:2,10:6 C 4:1 down [z] - 1 :1 14:17 ANNE [1] - 2:2 C.S.R [1] - 1:13 committee [21- 16:3, drive [12] - 5:7, 6:14, 207 [11- 13:5 annexed [1l - 18:17 camera (1] - 6:1 16:4 ' committees [l] - 16:5 6:17, 6:22,7:2, 7:5, 24[31- 6:13, 6:16, anticipate 111- 5:9 cameras [11 - 6:1 8:11, 9:3,9:8,9:10, apartments [s1 - community 111 - 7:15 15:12 cards [11- 7:16 9 :11, 9:22 10:24, 11:15, 11:16, ;company [1l - 12:3 drive- through [111- 24 -hour [a] 15:10, care [1] - 5:24 15:14,15:19, 15:23 11:22, 12:10 cars [2] - 9:12, 9:13 Company [i] - 3:16 6:14, 6:17, 6:22, 7:2, 24th [1] - 19:2 Appeals [1] - 4:18 complaints [1] - 15:3 CARVOLLA (3] - 7:5, 8:11, 9:3, 9:8, application [4] - 7:13, 11:12, 13:9, 13:11 complete [1] - 18:8 9:10, 9:11, 9:22 7:19, 9:3, 9:23 compliance [1] - 15:9 applies [l] - 18:17 connections [11 - 8:10 3 Carvolla [1] - 11:13 DU [1] - 18:2 ! 3 Ill- 18:7 certain [1] - 14:5 duly 121 - 3:13, 12:23 apply [21 - 6:24, 8:3 consent [11 - 7:20 30,225 Ill- 5:20 appreciate [21- 4:15, certainly [1] - 8:11 considerably (1) - 34111- 5:3 4:19 certificate 11] - 18:17 912 E ' � 37211] - 5:19 approved [1l - 13:7 certification [1] - 7:21 considered [1] - 15:15 early [11- 4:18 Certified [1] - 18:3 earth [1] - 5:6 4 arbitrary [1l - 15:23 continue [21 - 4:15, certified [1] - 18:19 I assume 12] - 14:18, 4:20 earth - moving [1] - 5:6 certify (3] - 18:4, eff icient [1] - 5:21 47 Ill- 12:5 18:19 18:11, 18:16 control [1] - 18:21 attorney Ill - 4:2 controlling [1] - 15:18 Eldamain [11 - 5:3 Chairman [1] - 2:2 rj attorneys [1] - 6:23 convenience [2] - 9:4, elderly [1] - 9:7 CHAIRMAN [271 - 3:1, 3:14,3:21,4:11, 5[11 -5:3 audience 121- 10:6, 9:9 Elgin 12] - 4:4, 5:19 ' 12:16 copies [21- 18:18, end [1] - 7:8 10:5, 10:11, 10:14, 7 AUDIENCE [31- 10:16, 10:21, 11:3, 18:21 energy [11- 5:21 12:17, 13:4,13:10 corner [1] - 5:3 energy- eff icient 11] - 7:00 Ill- 1:12 11:5, 11:8, 11:10, average [1] - 9:14 :Corners [1] - 6:20 5:21 aye (s) - 10:12, 11:6, 12:15,12:19,13:1, corporate [1l - 6:23 enforcement [1] - 15:7 13:12, 13:17, 13:20, 8 13:18,14:12. 16:22 correct [z] - 13:9, 18:8 engineering [11- 5:6 14:2, 14:11, 14:14, 800 [1] - 1:13 ayes [s] - 10:13, 11:7, 14:16,16:15, 16:21, cosmetics [11- 5:24 ensuring [1l - 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KOLB [21 - 4:1, 4:12 mentioned [1] - 6:9 9:20,14:4, 14:21, plan [sl 7:9, 7:23, 10:8,10:16, 10:19, Kolb [21- 4:2, 4:4 met ill - 7:7 15:21 8:1, 8:4, 10:1 10:22,13:14, 13:23, Kramer (i] - 4:3 MICHAEL Ill - 2:4 original [2] - 8:2, Plan ill - 1:10 14:8,14:17, 16:7, KRAUPNER [31- 2:5, Miller ill - 7:14 18 :17 planned Ili - 6:20 16:16,16:18, 17:2, 10:10, 11:4 MILLER [2] - 2:7, originally [il - 7:10 pleased [il - 4:7 17:5,18:6 - - - 14:20 s Ill - 3:2 outcome Ill - 18:15 pool (l] - 12:2 hearin g L modern [il - 5:21 Outlot [1] - 5:3 portion [4i - 8:3, hereby Ill - 18:4 laid [l] - 10:2 modified [2] - 8:1, 8:4 own [2 1- herein [3i - 10:19, - 12:2 10:18,13:22, 17:4 lanes It] - 9:9 months Ill - 15:3 owned Ill - 5:16 potential [t] - 9:17 13:23, 17:5 e Ian ua z - 16:10, motion (9l - 3:18, potentially z - 5:1, language 1 owner [�i - 4:22 P Y[ 1 DepoCourt Reporting Service (630) 983 -0030 6:2 related [21- 18:12, services 131 - 5:23, T 11:22, 16:1 PRESENT [11- 2:1 18:13 6:1, 6:5 tables 111- 4:14 upstairs [11- 11:17 3 present [11- 4:8 rendering [11- 6:5 set [z1- 4:18, 19:2 uses 111- 6:10 principal [11- 5:18 repeat [z1- 3:11, several [11- 15:3 testimony [�) 19:1 problem [21- 15:13, 12:21 Shorthand (11 - 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UNITED [1] - 1:1 sense [11- 16:2 15:17 United [21- 1:11, record [31- 3:10, 7:12, 11:11 sent [11- 7:18 suit [2j - 18:13, 18:14 14:17 refer [11- 9:1 separately [11- 3:3 supply [11- 6:1 units [z1- 11:19, reference 121 - 6:22, September 111- 7:8 swear [31- 3:8, 12:20 12:10 service [31 - 5:15, 6:6, sworn 121- 3:13, Unlike [1j - 9:10 7:1 regarding [1] - 15:3 6:9 12:24 up 141 - 8:20, 9:6, DepoCourt Reporting Service (630) 983 -0030