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Plan Commission Minutes 2008 02-13-08 Page 1 of 6 APPROVED 5/14/20081 UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY COUNCIL CHAMBERS Wednesday, February 13, 2008 7:01pm Chairman Anne Lucietto called the meeting to order at 7:01pm. Roll Call: Sandra Adams Clarence Holdiman Tom Lindblom Mike Crouch Jack Jones Anne Lucietto Absent: Charles Kraupner, John Hegeler, Brian Schillinger, Jeff Baker Other Citv Staff: Travis Miller, Community Development Director Gary Golinski, Alderman Stephanie Boettcher, Senior Planner i Guests: Tony Graff Mike Schoppe Dan Kramer Attorney Matt Schury, Kendall County Record Gregg Ingemunson Lynnette Neal, Depo Court Bill Dunn, EEI Richard Scheffrahn, Rogina & Assoc. Kelly Kramer, Attorney Michelle Moses Lumie Emini Myles Jacobs, Attorney -Sunny Valley Farm Carolyn Pottinger Edward Block, Sunny Valley Farm Willa Bretthauer Gary Bretthauer Bill Mortl Walt & Kathy Sullivan Hal Davis Paula Wilkinson, Realtor Michelle Cullen Kathy Kotelis Glenn Fiala Ralph & Peggie Legrand Jim Brown, RayCorp Atty. Bob Kenny, Raycorp Atty. Tom Ray, Raycorp Emo Furfori, Schoppe Design Adalma Stevens Roll Call: A quorum was established. Previous Meeting Minutes: January 9, 2008 The minutes were approved as read on a motion and second by Lindblom and Holdiman respectively. Approved unanimously on voice vote. I Page 2 of 6 Chairman Lucietto simultaneously swore in all those attendees wishing to speak at this meeting. Public Hearings 1. PC 2007 -39 Hattner Trust #1, petitioner, has filed an application requesting annexation and zoning from Kendall County A -1 Agriculture to the B -3 Service Business zoning for approximately 28 acres, 14 acres of R -2 Multi - Family Zoning and 51 acres of R -1 Single Family zoning. Crouch and Lincblom moved and seconded, respectively, to open the Hearing. Unanimous approval on voice vote. Attorney Dan Kramer represented the petitioner, Annette Hattner, whose property is at Rte. 47 and Walker Road. They were requesting recommendation for annexation and flex zoning in the PUD. (SEE COURT REPORTER'S DEPOSITION OF PUBLIC HEARING) A motion was made by Jones and seconded by Adams, to close the Public Hearing at 7: l Opm. Discussion: Crouch commented that this petition was not consistent with the- Comprehensive Plan and exceeds the density recommendations. Jones, Adams and Holdiman agreed. Crouch questioned the appropriateness of commercial that is planned here due to more intense commercial slated for north and south of the property. Miller presented the staff reports and said that the commercial portion is not consistent with the commercial frontage. The Comp Plan hopes to control expansion along Rt. 47 so that it is not all the same. There are three concept plans for this property and also an annexation agreement. Because of that, Miller said some flexibility could be allowed. Bill Dunn of EEI commented that with the passage of the new Wetland Ordinance, there may be some higher standards that would need to be followed. Tom Lindblom raised a legal concern, asking if 14 acres of multi - family would automatically be approved if the zoning were granted. Kramer said they would have that right under the flex zoning, but in order to adhere to staff recommendations, they would not exceed the density per acre indicated. Kramer said he would work with staff on the recommendations and include in the PUD. Page 3 of 6 Action Items i. Annexation Lindblom made a motion and Jones seconded that motion, to recommend to the City Council that the property be annexed when it becomes contiguous. A roll call vote was taken: Jones -aye, Lindblom -aye, Holdiman-aye, Crouch -aye, Adams -aye, Lucietto -aye. Unanimous vote. ii. Zoning Discussion: Crouch asked if there was any flexibility if the preliminary and final came back later and the PUD was approved. Miller said it would be tied to the density and number of units. Crouch was concerned since 3 options were presented in the request. Lindblom moved and Crouch seconded that motion to recommend approval of PUD zoning, subject to staff comments and knowing this matter will come back to the Plan Commission on two additional occasions. Roll call: Lindblom -aye, Holdiman -aye, Crouch -aye, Adams -aye, Jones -aye, Lucietto- aye. Unanimous approval. 2. PC 2007 -42 Jake Land Group filed an application requesting annexation and zoning. Currently the property is zoned A -1 County and B -3 Service Business. The petitioner requests a zoning classification to Planned Unit Development for uses permitted in the B -3 Service Business District, "O" Office District, R -4 General Residence District for Assisted Living and R -2, Age Targeted Two - Family Residence District. The property consists of 52.44 acres and is located at 8614 Route 71. Jones moved and Adams seconded to open this Public Hearing. Unanimous voice vote. Attorney Dan Kramer was present on behalf of the petitioner. (SEE COURT REPORTER'S DEPOSITION OF PUBLIC HEARING) (SEE ALSO A LETTER FROM GLENNFIALA, READ BYMR. FM LA DURING PUBLIC HEARING AND A LETTER FROM VICTORIA COVENY, BOTH TO BECOME PART OF OFFICIAL MINUTES). Crouch and Jones moved and seconded, respectively, to close the Public Hearing. Approved unanimously on a voice vote. Page 4 of 6 Discussion: Travis Miller presented the staff comments relating to the difference of the 2 plans, also the access point, turn lane and others. The concept plan showed 2 possible uses: daycare center or gas station. Attorney Kramer stressed there is a need for daycare. Several Commission members said the plan appeared to be laid out very well and was much improved. Jones commented that he liked Concept Plan #1 with age- restricted townhomes and more green space. And Crouch added that he was pleased to see the light and intersection were addressed. Jones also said that Mr. Fiala's letter should be considered regarding tree preservation. Bill Dunn of EEI asked that EEI comments be included in the recommendations. He said the following two things should be noted: 1) potential water zone break 2) insure that the outfalls do not affect adjoining properties. Action Items: i. Annexation Crouch moved and Jones seconded to approve annexation of PC 2007 -42. Roll call vote: Holdiman -aye, Crouch -aye, Adams -aye, Jones -aye, Lindblom -aye, Lucietto -aye. Unanimous approval of motion for annexation. ii. Zoning Miller read the findings /criterion for special uses. A motion was then made by Lindblom and seconded by Crouch, to recommend zoning as presented. Roll call vote: Crouch -aye, Adams -aye, Jones -aye, Lindblom -aye, Holdiman -aye, Lucietto -aye. Approved unanimously. iii. Concept PUD Crouch moved and Jones seconded, to approve the concept PUD with a preference for Plan #1, subject to staff comments. Roll call vote: Adams -aye, Jones -aye, Lindblom -aye, Holdiman-aye, Crouch -aye, Lucietto -aye. Unanimous approval. 3. PC 2007 -24, Don Kalant, petitioner filed an application requesting rezoning from R -2 to B -2. The property consists of 0.3 acres located at W. Center St. A motion was made and seconded by Crouch and Jones, respectively, to open the Public Hearing. Attorney Gregg Ingemunson was present on behalf of the petitioner. (SEE CO URT REPORTER'S DEPOSITION OF PUBLIC HEARING) Crouch moved and Jones seconded to close the Public Hearing. Approved unanimously on a voice vote. Page 5 of 6 Discussion: Crouch expressed concern that there is a road cut on Rt. 47 halfway between Spring and Center, making traffic worse. Commission members agreed this area should remain residential. Action Item i. Rezoning Crouch moved and Jones seconded, to approve the rezoning as requested in PC 2007 -24, from R -2 to B -2. Prior to the vote, the findings for a zoning amendment were reviewed by Chairman Lucietto. Roll call vote: Adams -nay, Jones -nay, Lindblom -nay, Holdiman-nay, Crouch -nay, Lucietto- abstain. Motion failed. Jones cautioned that this Commission is merely advisory in nature and this negative recommendation could be overridden by City Council. Mr. Ralph Legrand, a nearby resident of the property in question, asked if residents would be notified regarding this matter. The request will appear on future EDC and City Council agendas. Victoria Coveny also asked that a system be put in place so that residents are properly notified for such zoning requests. Chairman Lucietto stated that this would be addressed in "New Business" with a request for a zoning amendment. i 4. PC 2007 -41, Raycorp, petitioner filed an application requesting rezoning from R -2 Duplex Two - Family District to a PUD to allow for uses allowable within the B -3 Service Business Zoning Classification. The property consists of 23.95 acres located at 10312 Rt. 71. Crouch moved and Jones seconded a motion to open the Public Hearing. Motion passed unanimously. Bob Kenney, Attorney, represented Raycorp. (SEE COURT REPORTER 'S DEPOSITION OF PUBLIC HEARING) At the conclusion of the Public Hearing, Crouch moved and Jones seconded to close the Hearing. Unanimous approval on voice vote. Discussion: Miller presented the staff comments and noted a correction on the agenda — the second action item " Concept PUD" should be struck. Jones asked that the nearby landowners' comments from the Public Hearing be considered in the decision and also new design standards applied. Holdiman noted that the area is landlocked with the Forest Preserve on one side and ag land on the other. This plan is not in compliance with the Comprehensive Plan according to Crouch. Chairman Lucietto reviewed the list of 6 standards. Page 6 of 6 In relationship to the stoplight, there was discussion from area residents concerning drivers taking shortcuts through their subdivision. Chairman Lucietto suggested that concerned residents be included in the planning process. Action Item i. Rezoning Lindblom made a motion for rezoning from R2 duplex to B3 Service Business Zoning subject to staff comments, citizen input, concessions for traffic and citizen input from the design level. Second by Jones. Roll Call vote: Jones -aye, Lindblom -aye, Holdiman -aye, Crouch -nay, Adams -nay, Lucietto -nay. Motion defeated. New Business: 1. Suggested amendment to Zoning Ordinance Chapter 14 Section 7 -B -2. Amendment necessary to make the ordinance and the current application requirements /procedures consistent. Miller said that next month there will be 2 amendments recommended for the Zoning Ordinance and there will be a Public Hearing. He stated this resulted from certified mail notices not being sent out in the Kalant petition heard earlier. There is currently a discrepancy between the Zoning Ordinance and the instructions in the application. The City Attorney said the Plan Commission is responsible to determine who the affected parties are in an application and to notify them. After a review of 2007 petitions, it was determined that the Kalant case was the only situation that notifications had not been made. In another matter, Miller said the EDC has recently been discussing a possible policy regulating the location of financial institutions. The reason for this action is because banks do not generate sales tax for the City. Staff has worked with EDC to possibly view banks as special use facilities and they have asked the Plan Commission to consider the idea and a Public Hearing will be held. 2. Comprehensive Plan Update and Open House Stephanie Boettcher, City Senior Planner, presented a flier detailing a public open house scheduled for March 5 th at the Library. She also gave an overview of recent meetings held. Chairman Lucietto encouraged all Plan Commission members to attend. The Chairman summarized the recently held Planning Consortium and said the next meeting is March 24. There was no further business and Crouch moved and Jones seconded to adjourn the meeting. Adjourned 9:05pm. Minutes by Marlys Young, Minute Taker February 13, 2008 r Mayor Valerie Burd City Council Members United Ci ty of Yorkville Ladies & Gentlemen: I am addressing you today because I received a certified letter requesting a zoning change for the property located on the Northwest Corner of W. Center Street and Route 47. 1 would like you to know I am completely against the zoning change from residential to business. I am shocked that the request for zoning change on this property made it through the system last summer without any city employee verifying proper procedure had been followed prior to the matter appearing in front of City Council. In addition to being a property owner that recently received a certified letter concerning the request, I would also like to state that I am a current City Park Board Member. The property zoning should remain residential for a number of reasons: It is adjacent to a residential property. An adjacent homeowner is protesting the request for zoning change The property is adjacent to Towne Square Park. The property is near four schools and a library. The property owner does not reside in Yorkville. Thirteen years ago I was an active participant in a Neighborhood Patrol Group that walked the streets of Aurora evenings to assist the Aurora Police Department in keeping and making neighborhoods safe. I also completed Citizen Police Academy Training and Landlord Training. The single most important point stressed was people living in residential neighborhoods that paid attention to all activity in their neighborhoods, who knew who belonged in their neighborhood and who did not, who got involved in keeping their neighborhood safe by participating in neighborhood watch were responsible for keeping "good and safe" neighborhoods. There is an adjacent property owner with children at home taking responsibility for her children's safety requesting the property be zoned residential as it was when she acquired her property. The Dronerty owner reauestina the chance does not reside at the Dronertv address. He does not reside in Yorkville. I am urine you to zone this Dronerty residential. V allo.Bridge Ve " ny 2Street, Yorkville, 60560 Cell 815/791 -8107 b February 2, 2008 Yorkville Plan Commission As a resident with property adjacent to the 52.44 acres located at 8614 Route 71, Yorkville Illinois several concerns come to mind. We have seen Conceptual Pud Plans for Windmill Farms and agree that Yorkville has a need for additional age restricted homes, affordable assisted living is a plus. These would be high on our priority list with the assisted living center not exceeding two stories. Provisions of the agreement and zoning to spell out no high density housing should ever be allowed. Dry or aerated retention areas would be necessary do to breeding of misquotes and the problem with the West Nile virus. In the six years we have lived here we have enjoyed the natural setting the property has offered with trees and wild life that abounds. Water run off has never been a problem with the present topography, noise and night illumination acceptable. Environmentally friendly parking areas should also be taken into consideration. There are many trees with numbered tags, we can only hope these are the ones that will with a twenty five feet radius no dig zone applied. A row of large evergreen trees on the west side of the property should most definitely be preserved. These trees are in good condition and are located adjacent to our property; we consider this to be an excellent buffer and should not be removed! See attached Picture. Thoughtful attention should be taken to the all ready over burdened infrastructure. Will the type of buildings being built all be revenue producing for Yorkville i.e. sales tax revenue? Will the overall appearance of the property be maintained prior to construction? In closing we would like to say thank you for giving us an opportunity to express our concerns. Sincerely, Glenn E. Fiala & Lana J. Fiala 914 Fawn Ridge Ct, Yorkville IL I 91 MC , .............. Zz 34 At IN — 7m art .�i 0 W4 "A AN "N rl 41, r y WS ob United City of Yorkville 800 Game Farm Road )T. , 1836 Yorkville, Illinois 60560 -4 '� Telephone: 630 -553 -4350 o !� ?� Fax: 630 - 553 -7575 WIM <LE %'V' PLEASE SIGN IN MEETING: a n m DATE: —� - -V g' NAME COMPANY PHONE NUMBER _lU icka LAOS eS u�►h, Aga- �o�lv I 1 2 Sy 60W m bt;�. be T6,rtLV t 1 .�i J 3 -- � ,7v 3 kl5 R ANN' n.4 rr' F4�< m.. J J .yc,ly, I I S S 7 - 7 y-6 - 7 bd 1 �IO� i I I .S - 70 g'. o United City of Yorkville AN 800 Game Farm Road 6T 1 1836 Yorkville, Illinois 60560 t Telephone: 630 -553 -4350 o� C p Fax: 630 -553 -7575 LE ��'�• PLEASE SIGN IN MEETING: n L� DATE: NAME COMPANY PHONE NUMBER Rai 16 06 . I �►�/ �o3a-5� 3 c�3a 3 ,/ 4 aavt ov ;i, T,n L I lop° �/75'-�G Ao� �e nn I Qa ye vro. I A� 1 nqD (ken /, I' ►CA�Cu S v86 rA A OtA S 5 C) ORIGINAL 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 February 13, 2008, at the hour of 7:00 p.m., before Lynette J. Neal, C.S.R., at Yorkville City Hall, Yorkville, Illinois. D- 838608 F 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 MR. MICHAEL CROUCH, 4 MR. BRIAN SCHILLINGER, 5 MR. JEFF BAKER, 6 MR. TOM LINDBLOM, 7 MR. JACK JONES, 8 MR. TRAVIS MILLER, 9 MS. MARLYS YOUNG, 10 MS. SANDRA ADAMS, 11 MR. CLARENCE HOLDIMAN. i 12 - - - 13 14 15 16 17 I i 18 1 20 21 22 I i I 23 - 24 DepoCourt Reporting Service (630) 983 -0030 3 I i 1 CHAIRMAN LUCIETTO: We have four public I 2 hearings. You do need to be sworn in if you are I 3 going to speak, so think carefully. If you think I 4 you are going to speak, swear in, and if you think 07:OOPM 5 you might and you are not sure, swear in. 6 I'm going to ask you to stand up 7 and repeat after me. 8 (The audience was duly 9 sworn.) 07:01PM 10 CHAIRMAN LUCIETTO: Thank you. The way 11 we are going to handle this is -- okay. What we 12 are going to do, if you do have a copy of agenda, 13 there are some up front. We are going to go 14 through each one. We are going to have the 07:01PM 15 presenters present their situation. That will be 16 your time to ask questions or make comments or 17 statements, and then we will close that part of 18 the public hearing, and then we will have our 19 discussion and take a vote. So it is all going to 07:o1PM 20 happen -- and what I'm going to ask you to do,' 21 when your part's done and you want to leave, just 22 quietly leave. And if you could go closer to the 23 outside doors and talk, it makes it difficult for 24 us otherwise because we still hear your voices and DepoCourt Reporting Service (630) 983 -0030 I 4 1 we would like to give everybody the same attention 2 your project has. 3 So I entertain a motion to open the 4 public hearing PC 2007 -39. 07:02PM 5 MR. JONES: So moved. 6 MR. LINDBLOM: Second. 7 CHAIRMAN LUCIETTO: I have a first and 8 second. All in favor say aye? 9 (Chorus of ayes.) 07:02PM 10 CHAIRMAN LUCIETTO: We are now in public 11 hearing PC 2007 -39. When you come up to speak, if 12 you could kindly state your name and where you 13 live and proceed from there. We have a court 14 reporter and she's taking all of this down. 07:02PM 15 MR. KRAMER : Thank you. My name is 16 Daniel J. Kramer. My address is 1107A South 17 Bridge Street, Yorkville, Illinois. I am an 18 attorney licensed to practice law in the State of 19 Illinois, and I represent the petitioner, Annette 07:02PM 20 Hattner. 21 This property, as you can see by 22 the conceptual plan that Emo has put up on the 23 board, is located just slightly north of the 24 intersection of Route 47 as the north /south road DepoCourt Reporting Service (630) 983 -0030 5 1 and Walker Road as the east /west road in Kendall 2 Township. It is not currently contiguous to the 3 city but it is well within the one - and -a -half mile 4 planning jurisdiction of the city. 07:03PM 5 You're probably asking us in some 6 respects giving market conditions currently what 7 the dickens are you doing here tonight? And 8 Annette has lived in the area a long time. She's 9 served on the Kendall County regional plan 07:03PM 10 commission and she's seen these ebbs and flows 11 over the last 20 years in Kendall County. And 12 really what we are doing is setting the table 13 tonight. 14 We know the City of Yorkville has 07:03PM 15 looked at its comprehensive planning well to the I 16 south. They were very mindful of the westward 17 expansion of the City of Joliet and frankly 18 Annette wants to make sure the property is 19 governed by the City of Yorkville. She also wants 07:03PM 20 to make sure she has a seat at the table of the 21 sanitary sewer interceptor that the city put in 22 some years ago together with the Weisman Hughes I 23 and Menards project. In other words, that giant 24 interceptor that crossed the road that looked DepoCourt Reporting Service (630) 983 -0030 I 6 1 incredibly big for future growth at the time, but 2 there is only going to be so much capacity in 3 that. 4 So we are asking you folks for two 07:04PM 5 things: We asking you for a recommendation to the 6 City Council to annex the subject property, and we 7 would enter into a written annexation agreement 8 which you are permitted to do with a property 9 owner in the mile - and -a -half, and then we are 07:04PM 10 asking for some flex zoning within the PUD 11 request. 12 Again, with this being future 13 development, we have looked at the comprehensive 14 plan and at the front, or the westernmost portion 07:04PM 15 of the property, we think that it should have some 16 commercial zoning at this point. In the future if 17 you get large regional or medium -sized regional 18 centers, your comprehensive plan generally says to 19 put those right at the intersection. But, again, 07:05PM 20 we see this as probably a six -lane cross - section 21 of Route 47 in the near future when that's 22 improved, four through lanes and turn lanes in 23 each direction, and so this property is going to 24 sit just a little bit -- there is one little DepoCourt Reporting Service (630) 983 -0030 7 1 square of 30 acres that's right on the northeast 2 corner of the intersection and we sit right above 3 it. i 4 Ideally we think it would be a i 07:05PM 5 neighborhood type center, maybe about 14 to 15 6 acres. And, again, the reason we are suggesting 7 putting this as a B -3, as a commercial now or even 8 a B -2 neighborhood type commercial zoning, is if 9 it turns out that the commercial is all clustered 07:05PM 10 at the intersection, it is very easy to down zone 11 to the residential. 12 However, if you get county homes or 13 county subdivisions backing up to a residential 14 and it turns out that you want more commercial, 07:06PM 15 you want more office on 47 as one of the 16 communities commercial arteries, it is very, very 17 difficult to go the other way from residential up 18 to commercial. 19 Emo did just classic land planning 07:06PM 20 from Shoppe Design in that we show a second tier 21 or a buffer between the commercial and 22 single- family, that we would have a maximum of 14 23 acres of multifamily housing. Again, we are way 24 too early in the game to know what form that would DepoCourt Reporting Service (630) 983 -0030 I 8 1 take. Would it be townhomes, could it be active "1 2 adult, could it be assisted living, could it be 3 duplexes? It could be a whole range of products 4 but, again, it is classic land planning to buffer I, 07:06PM 5 that commercial from single- family. 6 And then we show the third tier in I 7 the back as being single- family, your more 8 restricted zoning. Again, as you are moving out 9 in the country, you want to feather into larger 07:06PM 10 lots, not your minimum sized lots, and that's 11 something we worked with the staff on the PUD 12 agreement. 13 So we think the flex zoning makes 14 sense, setting maximum acreages for the three 07:07PM 15 kinds. We are certainly going to be back here as 16 the area develops with preliminary plans, with a 17 final PUD, and you are going to have two full 18 shots at how it is going to develop, but we think 19 it is a good piece of business for the property 07:07PM 20 owner and the city to get control of it and get it 21 in the City and, again, give yourselves some 22 flexibility in the future market conditions. 23 We don't know what it will bring 24 but we know when it heats up, it will be a rime P P DepoCourt Reporting Service (630) 983 -0030 9 1 piece of property on a major artery. So, thank 2 you, and I will be happy to respond to any 3 audience questions we get. 4 CHAIRMAN LUCIETTO: Any questions or 07:07PM 5 comments from the group? Okay. I will give you a 6 second chance. Okay. 7 Hearing none, I'm entertaining a 8 motion to close PC 2007 -39 public hearing. 9 MR. LINDBLOM: So moved. 07:08PM 10 MS. ADAMS: Second. 11 CHAIRMAN LUCIETTO: Hearing closed. 12 (Whereupon a portion of the 13 hearing was not herein 14 transcribed.) 07:24PM 15 CHAIRMAN LUCIETTO: The next item that 16 we're going to take up is PC 2007 -42, the Jake 17 Land Group. I will entertain a motion for the 18 planning commission to open the public hearing. 19 MS. ADAMS: So moved. 07:24PM 20 MR. CROUCH: Second. 21 CHAIRMAN LUCIETTO: All in favor say 22 aye? 23 (Chorus of ayes.) 24 CHAIRMAN LUCIETTO: Are you here for DepoCourt Reporting Service (630) 983 -0030 10 1 that too? 2 MR. KRAMER: My name is still Daniel J. 3 Kramer. My address is 1107A South Bridge Street 4 Yorkville, Illinois. I'm an attorney licensed to 07:24PM 5 practice law in the State of Illinois and I 6 represent the petitioners in this action. 7 Emo Furfori from Shoppe Design is 8 here with me tonight -- and I think your drawing 9 is going. It may have been operator error by the 07:25PM 10 gentleman who put that together, which was me 11 unfortunately. 12 This property was before you for a 13 public hearing probably about 90 to 120 days ago, 14 and it was, as you can see, a very crucial or 07:25PM 15 important intersection for the future development 16 of the City of Yorkville. It is at the 17 intersection of Route 126 and Route 71, generally 18 northeast and going southeast of that intersection 19 as it is now reconfigured with the new light. 07:2GPM 20 We have got a lot happening out in 21 that area and the triangle between the old 22 intersection, as you know, we annexed and rezoned 23 about 100 acres for Edward Hospital from 24 Naperville to build a large campus facility over a DepoCourt Reporting Service (630) 983 -0030 ' 11 1 number of years out here. We have had some office 2 zoning to the west of that intersection on the 3 north side of Route 126 that we all hope takes off 4 as, again, the market comes back and develops. 07:26PM 5 And I think probably the biggest 6 feature or question that we had in terms of this 7 property when we were here before is the 8 interfacing with the Country Hills development to 9 our west and then the residential developments 07:26PM 10 that sat to the south and then a very important 11 consideration in a county that we are still 12 primarily area wide an agricultural county, our 13 relationship with our farm neighbors to the east 14 and north of Route 126. 07:27PM 15 One of the very big practical I . 16 difficulties that the partnership had with this 17 property when we first came to you -- and, Emo, if 18 you can show them on the drawing -- what we had 19 just east of the intersection of Route 126 and 07:27PM 20 Route 71, we did not have under contract property 21 on the south side that would let us get further 22 away from the intersection than 500 feet. And 23 that was a terrible design issue, because IDOT 24 would prefer to see something in the nature of a DepoCourt Reporting Service (630) 983 -0030 12 i 1 thousand feet as a minimum for a full access and I 2 yet, you know, if you talk to every banker or gas 3 station that wants to go on a corner, they want 4 cuts right on that corner. 07:27PM 5 So what we did after that hearing 6 and working with staff is we attempted to arrive 7 at some compromise that would work, and the 8 petitioners went out and they were able to get 9 another property on the south side of 126 under 07:28PM 10 contract. And what that enabled us to do was 11 slide that main intersection another 240 feet to 12 the east. So, as you see in your staff report 13 tonight, we probably bridged the hardest gap we 14 had to do in that we now have our ma -in 07:28PM 15 intersection 740 feet from 71 and 126, which staff 16 is supporting, the City is supporting. 17 We have been down to IDOT on a 18 meeting and unfortunately, with their short 19 staffing situation, they were hoping to get back 07:28PM 20 to us before Christmas. We haven't gotten final 21 clearance but the permit gentleman there, Rich 22 Balorini, feels that with the City's positive � 23 recommendation and with the owner doing everything i C + 24 they could to push it to the east, that it will DepoCourt Reporting Service (630) 983 -0030 13 1 come out positive. 2 A second goal with the property, 3 again, was finding a suitable compromise between 4 our neighbors, as I said, our residential ones to 07:29PM 5 the south. Originally the proposal was commercial 6 on the front and a little bit -- I mean, if you 7 were coming from a more urban area, it wasn't 8 heavy townhome density but heavier than you like 9 to see here in Yorkville. 07:29PM 10 And, Emo, if you can take me 11 through the different designs you did as far as 12 the residential alternatives adjacent to Country 13 Hills and the subdivision to the south, please. 14 MR. FURFORI: What I did do is brought 07:29PM 15 the previous plan so that might help everybody 16 understand how it has changed. And, again, this 17 is the plan from about August of last year and -- 18 and this is the area of townhomes that Dan was 19 referring to. And, again, this was the older 07:30PM 20 configuration so that distance right there, that 21 full access point from Route 71 and 126, was about 22 500 feet. 23 This is a parcel that's been 24 acquired, a sliver of that, and enabled us to push DepoCourt Reporting Service (630) 983 -0030 14 1 that down. We heard staff comments and heard plan 2 commission comments from last time about the 3 density, we had an opportunity to revisit this 4 area. The balance of the plan has changed as 07:30PM 5 well. The eastern portion is fairly consistent, 6 but what you will see when we bring up the first 7 of the two plans is this change to the western 8 portion, specifically the multifamily component. 9 And this concept plan, what we are 07:30PM 10 referring to as Concept Plan 1, now addresses 11 that. You have got three townhome units for a -- 12 three buildings for a total of 16 units and that's 13 the extent of the multifamily component now. An 14 additional component integrated into-this plan but 07:31PM 15 different from a typical townhome component would 16 be this dark brown unit right there, which would 17 be an assisted living component, three stories, 99 I 18 units of assisted living. i 19 So we have got a pretty drastic 07:31PM 20 change in the number of townhomes and we are 21 envisioning these to be potentially age- targeted 22 townhomes as before they would be a typical 23 townhome development. 24 MR. KRAMER: Go ahead, Emo, with the DepoCourt Reporting Service (630) 983 -0030 I i 15 1 others. 2 MR. FURFORI: Sure. We will go ahead 3 and talk about the balance of the plan. This is 4 the new plan so this now reflects about 740 feet 07:31PM 5 of distance separation from the intersection and 6 it will be considered a full access point now. 7 And then all the way south on the plan now we 8 have -- we are envisioning another full access 9 point about 700 feet from the two full access 07:32PM 10 points. That's as far as we could go and be I 11 allowed in the plan with the subject property that 12 we own. 13 Some of the other components -- and 14 let me just jump back for a second.- I think when 07:32PM 15 you see them contrasted, you can see how much the 16 plan has evolved both internally from our end but 17 definitely tel hearing staff comments an y g d plan 18 commission comments over the last year. 19 The configuration of what is the 07:32PM 20 retail and office component is still basically 21 located in this area of the western portion of the 22 plan but it will look a lot different. The 23 stormwater, there is a bigger basin there and one 24 right at the corner, and then this is an existing DepoCourt Reporting Service (630) 983 -0030 16 1 pond and there is a small component of stormwater 2 management there. In the previous plan about a i 3 year ago we were envisioning possibly a potential 4 banquet facility. 07:33PM 5 So now we have -- we are looking I 6 about a year later, petitioners had some l 7 discussions with potential buyers of the property, 8 we firmed up some things, and the biggest thing to 9 notice is there is a different configuration to 07:33PM 10 this portion of the retail and office component. 11 We provided a stub to the west into 12 the Boyer property. This access point off of 71 13 is right -in /right -out but what you are looking at 14 now is a few components that are pre -tty set. A 07:33PM 15 potential bank facility there, potential gas 16 station there, some retail components, and then a 17 larger strip of retail, and then another 18 configuration with the balance of the shared 19 parking concept for all of these uses concentrated 07:34PM 20 up there. 21 The detail of the stormwater 22 management ponds on either side of the 23 intersection has been addressed as well. We have 24 been working more closely with the landscape DepoCourt Reporting Service (630) 983 -0030 17 1 ordinance and working on the need for signage up 2 there that would identify this portion of the site 3 and the whole site but specifically on the west 4 end, this one. 07:34PM 5 We also have an office component 6 now to the north of the existing pond there, four I 7 buildings around that area, and then I mentioned 8 before that there is a three -story 99 unit 9 assisted living component there too. 07:34PM 10 In this plan the banquet facility 11 is gone and in its place are two smaller retail 12 lots along 126. And, again, this is a full access 13 point, connects all the way around, and to there 14 there will be a right -in /right -out and that brings 07:35PM 15 you to the north end or east end of the plan as 16 well. 17 I will talk briefly about the east 18 end. It is pretty consistent with where we were a 19 year ago. A number of retail office and 07:35PM 20 restaurant uses configured along Route 71 as more 21 or less an access drive to the south of that and 22 that connects to the full access point here. This 23 full access point here now connects in -- more in ' I 24 a direct line into the larger user there. And DepoCourt Reporting Service (630) 983 -0030 I 18 1 while this parcel has now been brought in, 2 whatever the future holds, this full access point 3 we can envision working with this petitioner, or 4 certainly the village would, to make this a 07:35PM 5 potential access point into this user utilizing 6 the full access point. i 7 The stormwater management on the 8 east end is fairly consistent. There are four 9 main basins that there were before. The Penman 07:36PM 10 Road alignment is consistent with where it 'was 11 before. So east end fairly consistent with where 12 we were before. The biggest changes is the west 13 end, the drop in the number of townhome 14 components, and now the addition of-the assisted 07:36PM 15 living components, a reconfiguration of the office 16 in here, and a bigger reconfiguration and a more 17 organized look to the retail component on that 18 portion of the site. 19 MR. KRAMER: Thank you, Emo. With 07:36PM 20 respect to the third element I talked about, when 21 we were here for our initial public hearing, I 22 know a representative -- I believe at the time it 23 was Attorney Ingemunson that was here for the 24 Block family -- and they had made a couple of DepoCourt Reporting Service (630) 983 -0030 19 1 concerns known to us. There has been some zoning 2 activity out adjacent to their property before 3 where they have requested some landscaping in 4 terms of fencing and berming, which we indicated { 07:36PM 5 in the first hearing we have no objection to and 6 that still stands. ` - i 7 Also, again, whenever you develop 8 at the edge of a town, you have drainage issues. 9 They don't have to be a problem but they need to 07:37PM 10 be addressed. And Mrs. Block shared with me 11 before the meeting tonight who their engineer is 12 which we could put our engineer in touch with, and 13 then there is also the issue that we have always 14 included in our Kendall County and City of 07:37PM 15 Yorkville PUD annexation agreements, and that is 16 that right -to -farm easement language that not only 17 this developer but anybody who buys from them 18 waives any right to object to odors, smell, hours 19 of operation, for protection for the ag /non -ag 07:37PM 20 use. We are good with any of those. 21 So we are happy to take any public 22 comments and we will address that. At the end of 23 the night we would ask for a positive 24 recommendation to annex the portions that are not DepoCourt Reporting Service (630) 983 -0030 20 1 already in the City, because it is mixed in that 2 sense, and we would ask for approval of the PUD 3 zoning. Thank you. 4 CHAIRMAN LUCIETTO: We did have one 07:38PM 5 letter. Glen, I believe that was yours? Did you 6 want that entered into the public record or would + I 7 you like to read it? 8 MR. FIALLA: Okay. My name is Glen 9 Fialla. I live at 914 Farm Hedge (phonetic) 07:38PM 10 Court, Yorkville. My property is at the southwest I 11 corner of that drawing. We are way at the bottom 12 where that little secondary pond is. My property 13 is right behind that. 14 And with regard to that, as a 07:38PM 15 resident with property adjacent to the 52.44 acres 16 located at 8614 Route 71, Yorkville, Illinois, 17 several concerns come to mind. We have seen 18 conceptual plat drawings of windmill farms and 19 agree that Yorkville has a need for additional 07:39PM 20 age - restricted homes. Affordable assisted living 21 is a plus. Those would be high on our priority 22 list that would be -- the assisted living center 23 not to exceed two stories. Provisions for the i i 24 agreement and zoning to spell out no high- density DepoCourt Reporting Service (630) 983 -0030 i 21 1 housing should ever be allowed. Dry or aerated i 2 retention areas would be necessary to breeding of 3 mosquitos and the problem with the West Nile I 4 virus. 07:39PM 5 In the six years we have lived 6 here, we have enjoyed the nature setting. The 7 property has wildlife and nature abounding. Water 8 runoff has never been a problem with the present 9 topography. An environmental friendly parking i 07:39PM 10 area should also be taken into consideration. 11 There are many trees with a number of tags. We 12 only hope that these are ones that will -- ones i 13 that will stay and have a 25 -foot no big radius 14 applied. 07:40PM 15 A row of large evergreen trees on 16 the west side of the property should most 17 definitely be preserved. The trees are in good 18 health and are located adjacent to our property. 19 We consider this to be an excellent buffer and 07:40PM 20 should not be removed. I sent a photograph with 21 that. 22 Thoughtful attention should be 23 taken to all the already over - burdened 24 infrastructure. Will the type of buildings being I DepoCourt Reporting Service (630) 983 -0030 22 1 built all be revenue - producing for Yorkville, that 2 is sales tax? Will the overall appearance of the 3 property be landscaped? And in closing we would 4 like to say thank you for giving us an opportunity 07:40PM 5 to express our concerns. Sincerely, Glen Fialla. 6 CHAIRMAN LUCIETTO: Thank you. 7 MR. KRAMER: I think most of his points 8 were well taken. We will take them into 9 consideration, obviously ask for a copy of the 07:41PM 10 letter so we can respond. And frankly what we 11 have done in some of these is set up a site where 12 people can check in on a website and get responses 13 so when we get letters like that, we can put them 14 on it. ! 07:41PM 15 CHAIRMAN LUCIETTO: Very good. Are 16 there any other comments from the group here 17 tonight? Okay. I'm giving you a second chance. 18 Anybody else? I here a motion to close the public 19 hearing. 07:41PM 20 MR. CROUCH: So moved. 21 MR. JONES: Second. 22 CHAIRMAN LUCIETTO: All in favor. 23 (Chorus of ayes.) i 24 DepoCourt Reporting Service (630) 983 -0030 23 1 (Whereupon a portion of the 2 hearing was not herein 3 transcribed.) 4 CHAIRMAN LUCIETTO: Thank you. Moving 07:58PM 5 onto PC 2007 -24, the Don Kalant property. Do we 6 have a motion to open the public hearing? 7 MR. CROUCH: So moved. 8 MR. JONES: Second. 9 CHAIRMAN LUCIETTO: The public hearing 07:58PM 10 is opened. 11 MR. INGEMUNSON: Attorney Ingemunson on 12 behalf of the petitioner, Don Kalant. I'm not 13 going to be very long since we were already in 14 front of you one time for the same petition. We 07:59PM 15 are essentially asking for the rezoning again from 16 R -2 to B -2 for the 101 Center Street. The reason 17 we are back here is because the publication within 18 500 feet was not done. The publication was done 19 in the paper but the mailing was not done so we 07:59PM 20 are back here before you asking for the same 21 requests that we were before. 22 There is probably a few things that 23 were changed from the time we went in front you 24 that got to the City Council and one was an - I DepoCourt Reporting Service (630) 983 -0030 24 1 agreement for right -in /right -out to the parking 2 lot. I don't think that was requested the first 3 time, and when this gets redeveloped the parking 4 lot will be right -in /right -out and won't be full 07:59PM 5 access to Route 47. That was one thing that was 6 changed since the first time to now, and there was 7 also some issues that someone had brought up about 8 the septic system out there. 9 My client did have someone go out 08:ooPM 10 and shoot a camera down in the sewer and it was 11 the City sewer. It is not a septic system. It is 12 connected so -- so that's not an issue as well. I 13 think that's about the only two things that really 14 came up from that time to now that has changed. o8:ooPM 15 CHAIRMAN LUCIETTO: Do we have any 16 comments from want public? 17 Come up here and tell us your name 18 and where you live and whatever it is you have to 19 say. The only thing I'm going to ask too is 08:o0PM 20 whatever is said, please don't repeat it. We have 21 heard it once and we are trying not repeat it. 22 MS. PIERSON: My name is Valerie Pierson 23 and I live at 103 West Center Street, the property 24 that's directly adjacent to this property in DepoCourt Reporting Service (630) 983 -0030 25 1 question. I'm coming here today to speak against 2 the rezoning petition made by the property owners 3 101 West Center Street. When I found out the 4 property had been rezoned without the proper 08:01PM 5 notification of property owners, I was upset that 6 such an important piece of the rezoning process 7 was overlooked. Further frustrated when the City 8 was notified that they failed to bring it before 9 the City Council until I contacted my alderman, 08:01PM 10 who then brought the issue out into the open. 11 The fact that this mistake was 12 allowed to stand and continue as a business is 13 disturbing and try as I might it is very hard to 14 have confidence in the City governme -nt looking out 08:01PM 15 for the rights of its citizens. 16 The property in question is 17 directly adjacent to our family's home and to the 18 Town Square Park. One of the main reasons this 19 neighborhood appealed to us was because of all the 08:O1PM 20 family- friendly activities and the atmosphere that 21 the park offers. All three of the streets that 22 surround the park west of Route 47 are entirely 23 residential with the exception of the Chapel on 24 the Green Church. It is a wonderful neighborhood DepoCourt Reporting Service (630) 983 -0030 26 1 for -- and our family loves it. There are several 2 reasons why I'm asking that you turn down the 3 request to rezone the property. 4 Number one, it does not face Route 08:02PM 5 47, it faces the park and Center Street. And even 6 though this house is directly adjacent to Route 47 i 7 because it aces the park, it makes a great 8 residence. The two previous residents that we 9 have known since we have lived there loved living 08:02PM 10 there. 11 Number three, an additional 12 business entrance would further hinder the traffic 13 flow on Route 47. And, number four, just the 14 close proximity to the schools and to the park has 08:02PM 15 potential to endanger the safety of the children 16 in the neighborhood. And, number five, once the - 17 business is allowed to operate in this residential i i 18 area, it opens the doors for more to follow and 19 ruin the family atmosphere created by the 08:03PM 20 neighborhood, parks, and family activities. I 21 When we moved here the last thing 22 we envisioned for our backyard was that it would 23 overlook a parking lot. I respectfully ask that 24 you commit to keep the quality of this residential I DepoCourt Reporting Service (630) 983 -0030 i 27 1 area surrounding the Town Square Park intact by 2 denying the encroachment of the business into our 3 neighborhood. Thanks for your time. 4 MS. COVENY: My name is Victoria K. 08:03PM 5 Coveny and I live on the corner of Route 47 and I I 6 River Road. I did receive a certified letter 7 concerning the zoning questions. 8 Ladies and gentlemen, I am 9 addressing you today because I received a 08:03PM 10 certified letter requesting a zoning request for 11 the property located on the northwest corner of 12 West Center Street and Route 47. I would like you 13 to know that I'm completely against the zoning 14 change from residential to business.- I'm shocked 08:04PM 15 that the request for zoning change on this 16 property made it through the system last summer 17 without any city employee verifying that proper 18 procedures had been followed prior to the matter 19 appearing before the city council. 08:04PM 20 In addition to being a property 21 that recently received a certified letter 22 concerning the request, I would like to also state ; 23 that I'm a current city park board member. 24 The property zoning should remain DepoCourt Reporting Service (630) 983 -0030 28 1 residential for a number of reasons. It is 2 adjacent to residential property, an adjacent 3 homeowner is protesting the request for a zoning 4 change, the property is adjacent to Town Square 08:04PM 5 Park, the property is near four schools and a 6 library, the property owner does not reside in 7 Yorkville. 8 13 years ago I was an active 9 participant in a neighborhood control group that 08:04PM 10 walked the streets of Aurora evenings to assist 11 the Aurora Police Department in keeping and making 12 neighborhoods safe. I also completed citizens 13 police academy training. The single most 14 important point stressed was people -living in 08:04PM 15 residential neighborhoods that paid attention to I 16 all activity in their neighborhood who knew who 17 belonged in their neighborhoods and who did not 18 and got involved in keeping their neighborhoods 19 safe by participating in neighborhood watch 08:05PM 20 programs were responsible for keeping good and 21 safe neighborhoods. 22 There is an adjacent property owner 23 with her children at home taking responsibility 24 for her children's safety requesting the property i.. DepoCourt Reporting Service (630) 983 -0030 29 1 be zoned residential as it was when she acquired 2 her property. The property owner requesting the 3 change does not reside on the property. He in 4 does not reside in Yorkville. 08:05PM 5 I'm urging you to zone this 6 property residential. Thank you. 7 MS. CULLIN: My name is Michelle Cullin 8 and I live at 405 North Bridge Street. The 9 property comes up to the south side of my house. 08:06PM 10 And, going back, I had stated before approximately 11 ten years ago with the petition for real estate 12 person in Yorkville that wanted to open up an 13 office, we had done a petition and went through 14 all the procedures, and it was stated at that time 08:06PM 15 that there would not be any businesses across from I 16 the City park. 17 So now I guess the zoning has been 18 changed against our knowledge that it was 19 happening, and if it does change, I want to know 08:06PM 20 what rights I have as far as having a parking lot 21 up to my front room almost. And I just think it 22 is a bad corner to have a business on there in 23 Yorkville because there is so much traffic, it is 24 a neighborhood, and you have the City schools and DepoCourt Reporting Service (630) 983 -0030 i 30 1 you have a good Christian school in the area with 2 traffic, and there is a lot of homeowners there 3 that go to those schools. And if Route 47 is 4 changed, I know what it is going to do to my 08:07PM 5 property. How -- what's it going to do if you 6 allow a parking lot there? It just seems like 7 there is not going to be enough property there to 8 support a parking lot. That's what I care to say. 9 CHAIRMAN LUCIETTO: Thank you. Is there 08:07PM 10 anyone else? 11 MR. LAGRAND: Evening everybody. All my 12 notes went down the drain now. I should have went 13 first . 14 CHAIRMAN LUCIETTO: Tell the court 08:07PM 15 reporter what your name is, please. I I 16 MR. LAGRAND: Ralph LaGrand. Residence 17 is 311 Church Street in Yorkville. Basically 18 probably to start with is that I have been at 19 these meetings before, and I'm somewhat -- I don't 08:07PM 20 know, words have be used before, flabbergasted or 21 shocked that I had to wait until I got a notice in 22 the mail from the property owner himself, his 23 lawyer, to make me aware of this public meeting. I 24 There is records here going back to August 21st DepoCourt Reporting Service (630) 983 -0030 I 31 1 when this was discussed, May 11th, 2007, all the 2 way to August 28th. It is kind of a little bit 3 slighted, I guess, by the town of Yorkville since I 4 the first time since I lived here not being oB:oePM 5 notified of this residence wanting to be changed 6 into a business. 7 Other than what's been said before, 8 I know Mr. Horton, Junior, was denied his request 9 of having a realtor there. And I know from living 08:08PM 10 in that area for a number of years, Town Square 11 Park with its activity, the school down the block, 12 the historical church, somebody's got to be crazy 13 to approach this as a business section on this 14 corner of this busy street of 47 and - Center. 08:09PM 15 And then when we redid the 16 highway -- or I should say the road passing 17 through the school area there on Center, it didn't 18 allow for enough parking even for the Town Square 19 Park. Instead of allowing for angled parking, you 08:09PM 20 put in horizontal parking so you have very little 21 space. 22 But I guess the other kicker I want 23 to put in here on is the political part of it, 24 where they allow residents, so to speak, if I went DepoCourt Reporting Service (630) 983 -0030 32 1 to Florida for two months, to use my residence as 2 a political campaign office. Now, I know this 3 resident that's in there maybe wasn't aware she 4 couldn't have it as a business. It is too late 08:09PM 5 now, the voting time is over, political issues are 6 settled. 7 So I really think the City Council 8 or somebody in this town of Yorkville owe not me 9 but the rest of the neighbors and the neighbors 08:10PM 10 who didn't show tonight an apology. This is a 11 little bit of a back door slide or city politics 12 played in the old days. And I'm not saying any of 13 you are involved in this but this is dirty 14 politics in my day. And I don't like what was 08:1oPM 15 going on on this. 16 And even if we did a side entrance - 17 like they have done on some residences on 47th 18 Street, you are dealing with a lot of children in 19 this area and a lot of summer activities in this O8:lOPM 20 area. And as of lately a great Christmas outing 21 they had out there and the spirit that was there, 22 and I was glad to be part of this Christmas 23 outing. 24 So please consider this seriously DepoCourt Reporting Service (630) 983 -0030 33 1 when you think about turning this location into a 2 business area. I really appreciate it and I thank 3 you for your time. 4 CHAIRMAN LUCIETTO: Anyone else? 08:11PM 5 Everybody's quiet again. 6 MR. PIERSON: My name is Doug Pierson, i 7 and I live on 103 West Center, the property just 8 west of the residence we are talking about. We 9 purchased that land as a vacant lot that we 08:11PM 10 purchased about five years ago, and we were told 11 too that at one time that was proposed to be a 12 business but they turned it down because they 13 wanted to keep the park as is with -- surrounded 14 by residents. And we have been living there for 08:11PM 15 about four years now been, enjoying the area. 16 We're talking about putting a parking lot right 17 there next to our swimming pool. We have three 18 little girls and that's not something I'm looking 19 forward to. 08:i1PM 20 It has been nice that we feel safe 21 living there. With a business there you never 22 know who is going to be coming and going, and 23 there is a lot of reasons I think it should remain 24 a residence. We have known two residents that DepoCourt Reporting Service (630) 983 -0030 34 1 live there since we have been there, and even 2 though it is on 47, you usually think of living on 3 a highway isn't very appealing, but both the 4 residents that live there really loved living 08:12PM 5 'there and I see no reason why it should be 6 changed. It is a beautiful area. We really enjoy 7 it, and we are happy with Yorkville, and we hope 8 that it will stay as it is. Thanks. 9 CHAIRMAN LUCIETTO: Anyone else? Okay. 08:12PM 10 I entertain a motion to close the public hearing. 11 MR. CROUCH: So moved. 12 MR. JONES: Second. 13 CHAIRMAN LUCIETTO: All in favor say 14 aye? 08:12PM 15 (Chorus of ayes.) 16 CHAIRMAN LUCIETTO: Okay, out of public 17 hearing. 18 (Whereupon a portion of 19 the hearing was not herein 08:19PM 20 transcribed.) 21 CHAIRMAN LUCIETTO: Okay. Moving onto 22 PC 2007 -41 Raycorp. 23 MR. CROUCH: I move we open the public '- 24 meeting. DepoCourt Reporting Service (630) 983 -0030 35 1 MR. JONES: Second. 2 CHAIRMAN LUCIETTO: I hear a second. 3 All in favor say aye? 4 (Chorus of ayes.) -- 5 CHAIRMAN LUCIETTO: Okay. The public 6 hearing is open. 7 MR. KEMMY: Thank you, Madam Chairman. 8 My name is Bob Kemmy, attorney for Raycorp, Inc., 9 officed at 22 North LaSalle in Chicago. This 08:20PM 10 property consists of approximately 23.95 acres, 11 almost 24 acres, about a quarter mile west of the 12 Route 47 and Route 71 intersection on Route 71. 13 In approximately 2003 this property was the 14 subject of an application and annexa -tion, R -2 08:20PM 15 duplex planned unit development. That was 16 approved at the end of 2003. I think the plat was 17 recorded in 2004. 18 And since that time the property 19 has been attempted to be marked for the 08:20PM 20 residential use that was proposed. A model 21 building was built and the market has pretty much 22 determined that that was an inappropriate use, 23 much to all of our surprise. I 24 We are here tonight asking for a DepoCourt Reporting Service (630) 983 -0030 36 1 B -3 highway business zoning, and what we had done 2 when we started the process is prepared a concept 3 site plan just to show an idea of what it would 4 look like. We are just going for -- and applied 08:21PM 5 for and seeking the B -3 zoning so that we can then 6 market it and determine with our users -- they 7 would be coming back to you for site plan 8 approval. 9 Because we don't have any users, 08:21PM 10 this plan is just a reflection of what could be 11 done. Those are not users that we have. That is 12 not a layout that we are able to commit to. And, 13 in fact, it includes land -- I'm going to turn 14 this upsidedown so that more of -- so that north 08:22PM 15 is up. What the plan does is it includes some 16 land on the east side that is not owned or 17 controlled by our client. It is owned by the 18 Hughes family. We show that on that plan just to 19 show how that parcel would be integrated into an 08:22PM 20 overall development. It is already zoned B -3, but 21 I just wanted to kind of put that concept plan in 22 context so you understood that. 23 At this stage we believe that a B -3 24 zoning would be appropriate for this property. It DepoCourt Reporting Service (630) 983 -0030 37 1 allows the -- the intersection node of 71 and 47 2 to be developed for commercial and expanded to 3 include our property. Immediately to the west of 4 our property is forest preserve, so that basically 08:23PM 5 will stop whatever use is going, in this case the 6 commercial. 7 We have been in contact with the 8 Forest Preserve, and I think it is fair to say 9 that they do not have any objection to the 08:23PM 10 application to rezone. They have asked us for -- 11 to work with them at the time it gets developed on 12 screening and things like that, which we have 13 indicated we would do. We have been in contact 14 with the Hughes family in terms of activity 08:23PM 15 between our parcel and their parcel and will 16 continue to work with them. And earlier today I 17 got a letter from Kelly Kramer, who represents the 18 owners of the property basically to the south and 19 east of us that kind of comes into a "V," and they 08:23PM 20 have expressed some concerns, one of which was the 21 intensity of the building that we showed on the 22 concept plan. And we will be working with them as 23 well. 24 They also expressed a concern about DepoCourt Reporting Service (630) 983 -0030 I 38 1 landscape buffering and future road connections as 2 well. So I think all of the property owners in 3 that immediate area recognize and realize that we 4 all need to be working together so that that 08:24PM 5 quadrant, if you will, is developed in an 6 appropriate manner. And we will continue to work I 7 with all of them to help accomplish that. 8 But, as I say, we don't have a user 9 at the present time, so -- but our goal is to seek 08:24PM 10 the business zoning so that we can attract a 11 commercial developer and then when we identify 12 that developer or the users, if we were to develop 13 it, we would be back to you for site plan approval 14 so you -- what you are doing for us is helping us 08:25PM 15 market it so that we can come back to you when we 16 have a user and a plan. 17 I think that includes my 18 presentation unless you have any questions of me 19 or my client, Tom Rayburn, who is here as well. 08:25PM 20 CHAIRMAN LUCIETTO: We are going to ask 21 for public questions first, so I think there is a 22 lady who wants to step up. 23 MS. MOSES: My name is Michelle Moses is 24 and I live at 1844 Columbine Drive in Yorkville. I DepoCourt Reporting Service (630) 983 -0030 39 1 I live in the Sunflower Estates subdivision and 2 that's directly across from those model buildings 3 that could be developed over there. I know that 4 we are on the corner of a very busy intersection 08:25PM 5 of 47 and 71 and it is probably going to go 6 commercial over there. One of the people that 7 haven't been addressed in looking at this is the 8 residents over there as far as working with us. 9 Our subdivision, right now we have 08:26PM 10 a lot of trouble getting out of our subdivision 11 onto Route 71. Developing that into any kind of 12 entryway into a commercial is going to make it 13 worse. I understand from Travis that it is within 14 the amount of square feet that another stoplight 08:26PM 15 can be put there. My concerns about that is 16 people driving through our subdivision to get to 17 the commercial property and avoid the lights on 47 18 and 71. It is going to increase the traffic 19 through that subdivision. There is a park there 08:26PM 20 that would come into play and our children are on 21 these streets. 22 So the entryway to the development 23 concerns me, water drainage issues concern me, 24 empty strip stores concern me, and I would ask DepoCourt Reporting Service (630) 983 -0030 I 40 1 that a group of residents be included on the site 2 plans and approval. Would this too be going to a 3 March 6th economic development or isn't it to that 4 stage? 08:27PM 5 MR. MILLER: Yeah. A recommendation -- 6 assuming that the plan commission makes a 7 recommendation from tonight's meeting, it would go 8 to the March 6th EDC meeting as well. 9 MS. MOSES: Well, I ask that the 08:27PM 10 subdivision be considered in the plans, and at the 11 site plan stage that a stoplight and 12 accommodations to the residents in the subdivision 13 be included as part of the plan. Thank you. 14 MR. MILLER: Actually, I misspoke. Let 08:27PM 15 me correct myself. This requires an amendment to 16 the PUD agreement, which requires a public hearing 17 at the City Council level. I will ask the 18 petitioners, has that date been scheduled for the 19 public hearing? What is that date? 08:27PM 20 AUDIENCE MEMBER: The fourth Tuesday. 21 MR. MILLER: In February? Okay. So the 22 26th of February will be a public hearing for the 23 PUD agreement in front of the City Council, and 24 following that it would go to the EDC. So with DepoCourt Reporting Service (630) 983 -0030 41 1 the late date in February, this will be going to 2 an April -- the first Thursday in April EDC 3 meeting and then -- 4 MR. LINDBLOM: April or March? 08:28PM 5 MR. MILLER: April, because the 26th -- 6 yeah. 7 CHAIRMAN LUCIETTO: Anyone else? Kelly? 8 MS. KRAMER: My name is Kelly Kramer, 9 and I'm an attorney that has been retained by the 08:28PM 10 Pottinger Farms, LLC, to represent them with 11 regard to this particular petition. 12 Pottinger Farms, LLC, owns 13 approximately 145 acres directly southeast of the 14 subject property. And as Attorney Kemmy said, 08:28PM 15 their primary concerns are the landscape buffering 16 that would be along and abutting their site and 17 the proposed site. They are currently zoned 18 Kendall County A -1 and so they would like to see, I 19 depending on how the site plan and the end -users I 08:29PM 20 that are interested in the property, some sort of 21 increased landscape buffering due to the different 22 zoning classifications along that line. And my 23 clients do realize that this is at the concept 24 stage and there are no end -users here in site and I DepoCourt Reporting Service (630) 983 -0030 I 42 1 do not object to the B -3 zoning classification but 2 they would like to see the more intense commercial 3 uses up front and have a minimal impact at their 4 property line. We do understand that it is simply 08:2.9PM 5 a concept plan and you just have a recommendation 6 regarding the zoning. 7 The other two issues that my 8 clients have -- I believe we will be able to come 9 to an amicable resolution with the petitioner -- 08:29PM 10 is they would like to see some sort of 11 connectivity to Route 71 with their particular 12 property. 13 I don't know if any of you are 14 aware, this particular property contains dense, 08:30PM 15 dense woods, and essentially is landlocked off of 16 71 at this point in time. The other major issue 17 is probably more of a staff issue as far as the 18 drainage and stormwater management of this site. 19 There are several drainage swales that empty from 08:30PM 20 my clients' property down into this site and we 21 have requested that at some point in time we have 22 an opportunity to sit down with the petitioner and 23 staff and go over the engineering for this site. 24 We did speak with the petitioners DepoCourt Reporting Service (630) 983 -0030 . I 43 1 and they are amenable to sitting down and going 2 over our particular concerns and we feel that they 3 most likely will be met. I 4 CHAIRMAN LUCIETTO: Okay, thank you. 08:31PM 5 Anyone else? Okay . Tony? 6 MR. GRAFF: Tony Graff representing the 7 client, Raycorp. In regards to Pottinger Farm, 8 our discussion we have had with the Forest 9 Preserve District, the client has indicated -- the I i 08:31PM 10 Forest Preserve actually owns on the south end of I 11 the property, the Forest Preserve actually comes I 12 around our corner here. And we have indicated 13 that we would work with the Forest Preserve about 14 donating this sort of triangle that's non -use to 08:31PM 15 the Forest Preserve, which would actually 16 straighten out the property line to come up here. 17 This is the Pottinger Farm, heavily 18 wooded, highly -- high quality woods back in here 19 too, and we would be -- we will be glad to work 08:32PM 20 with them in regards to providing some type of 21 buffer. And, generally speaking, this looks like 22 it is going to be a natural forest preserve and 23 the Pottingers maybe will get together in the I 24 future too. The drainage issues and other staff i DepoCourt Reporting Service (630) 983 -0030 i I 44 1 issues you guys received comments on, when this 2 property was first engineered for the duplexes, 3 all the engineering concerns at that point were 4 addressed and properly handled for the off -site 08:32PM 5 drainage coming off of the Harris Forest Preserve 6 and also off the Pottinger Farm. You can tell 7 there is a drainage way coming through here. 8 So it can be engineered and 9 stormwater controls can be put in place under the 08:32PM 10 commercial element and the residential element, 11 and when we do .come back to with you a user, we 12 will have full engineering plans to address the 13 drainage and meet the Army Corps permit that we 14 have on the site and also the City's -code and 08:33PM 15 ordinances. 16 The Hughes family, at this point 17 their property comes right up just -- just past 18 the first open lot there and we currently have an 19 agreement verbally that's been honored at this 08:33PM 20 point in talking to the Hugheses for easements for 21 water and sewer and we have talked to them about 22 cross access and creating better flows for this 23 whole project. 24 CHAIRMAN LUCIETTO: Thank you. Anyone DepoCourt Reporting Service (630) 983 -0030 I 45 1 else? Okay. I entertain a motion to close the 2 public hearing. 3 MR. CROUCH: So moved. 4 MR. JONES: Second. 08:33PM 5 CHAIRMAN LUCIETTO: All in favor say 6 aye. 7 (Chorus of ayes.) 8 CHAIRMAN LUCIETTO: Not in favor, nay? 9 (No response.) 08:33PM 10 CHAIRMAN LUCIETTO: Public hearing is 11 closed. 12 (Whereupon a portion of the 13 hearing was not herein 14 transcribed.) - 15 - - - 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 46 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF DU PAGE ) ' I 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 45, 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 l ' I 47 1 In testimony whereof, I have I 2 hereunto set my hand this 14th day of March, A.D., 3 2008. 4 0 6 L �fette y J. leal I 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 6 addresses ill - 14:10 36:4 balance (3] - 14:4, 084 - 004363 [i] - 47:7 6th (2] - 40:3, 40:8 addressing It] - 27:9 applies Ill - 46:17 15:3,16:18 1 adjacent [i1] - 13:12, appreciate [1] - 33:2 Balorini Ii] - 12:22 7 19:2, 20:15, 21:18, approach [1] - 31:13 bank [11- 16:15 24:24, 25:17, 26:6, appropriate 121 - banker(i] - 12:2 1 Ill- 14:10 700 h] - 15:9 28:2, 28:4, 28:22 36:24, 38:6 banquet [z] - 16:4, 100 Ill- 10:23 71 115] - 10:17, 11:20, adult Ill - 8:2 approval [41- 20:2, 17:10 101 [2] - 23:16, 25:3 12:15,13:21, 16:12, aerated It] - 21:1 36:8, 38:13, 40:2 basin h] - 15:23 103 [2] - 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26:15 24:4, 44:12 -- 9 Ill far [5] - 13:11, 15:10, heats [i] - 8:24 improved [t] - 6:22 engineer [z] - 19:11, 29:20, 39:8, 42:17 15:2 FURFORI [2] - 13:14, heavier [l] - 13:8 in /right [a] - 16:13, ' 19:12 Farm [a] - 20:9, 43:7, heavily [l] - 43:17 17:14, 24:1, 24:4 Furfor[ [1] - 10:7 engineered [21- 44:2, 43:17, 44:6 heavy (l] - 13:8 inappropriate [l] - 44:8 farm [21- 11:13, 19:16 future [s] - 6:1, 6:12, Hedge [i] - 20:9 35:22 engineering [3] - Farms [z] - 41:10, 6:16, 6:21, 8:22, help [z] - 13:15, 38:7 Inc (t] - 35:8 42:23, 44:3, 44:12 10:15, 18:2, 38:1, 41:12 helping (l] - 38:14 include [l] - 37:3 o [t] - 34:6 43:24 enjoy Y farms [�] - 20:18 hereby (l] - 46:4 included [3] - 19:14, i enjoyed [t] - 21:6 favor [7] - 4:8, 9:21, G herein [4] - 9:13, 23:2, 40:1, 40:13 enjoying [1] - 33:15 22:22, 34:13, 35:3, 34:19, 45:13 includes [3] - 36:13, enter [l] - 6:7 45:5, 45:8 game [l] - 7:24 hereto [1] - 46:17 36:15, 38:17 entered [t] - 20:6 feather ill - 8:9 gap [l] - 12:13 hereunto p - 47:2 inclusive [l] - 46:8 entertain [a] - 4:3, feature [1] - 11:6 gas [21- 12:2, 16:15 high [3] - 20:21, increase [1] - 39:18 9:17, 34:10, 45:1 February [a] - 1:11, generally [3] - 6:18, 20:24, 43:18 increased (t] - 41:21 entertaining [1] - 9:7 40:21, 40:22, 41:1 10:17, 43:21 high - density(] - incredibly [1] - 6 :1 entirely(i] - 25:22 feet [s] - 11:22, 12:1, gentleman [2] - 10:10, 20:24 indicated (a] - 19:4, entitled [1] - 46:6 12:11, 12:15, 13:22, 12:21 highly [l] - 43:18 37:13, 43:9, 43:12 entrance [z] - 26:12, 15:4, 15:9, 23:18, gentlemen [l] - 27:8 highway [3] - 31:16, infrastructure [l] - 32:16 39:14 giant [l] - 5:23 34:3, 36:1 21:24 entryway [z] - 39:12, fencing (l] - 19:4 girls Ill - 33:18 Hills 121- 11:8, 13:13 Ingemunson [z] - 39:22 few [z] - 16:14, 23:22 glad 121- 32:22, 43:19 himself [t] - 30:22 18:23, 23:11 DepoCourt Reporting Service (630) 983 -OC30 I 1 INGEMUNSON [t] - KRAMER [s] - 4:15, LLC [2] - 41:10, 41:12 met [t] - 43:3 Naperville (l] - 10:24 23:11 10:2, 14:24, 18:19, located [5] - 4:23, MICHAEL [11- 2:3 natural (l] - 43:22 4 initial (l] - 18:21 22:7, 41:8 15:21, 20:16,21:18, Michelle [z] - 29:7, nature [3] - 11:24, Instead [l] - 31:19 Kramer [4] - 4:16, 27:11 38:23 21:6,21:7 intact [t] - 27:1 10:3,37:17, 41:8 location (l] - 33:1 might [3] - 3:5, 13:15, nay [t] - 45:8 integrated [z] - 14:14, look [3] - 15:22, 18:17, 25:13 Neal [3] - 1:13, 46:3, 36:19 L 36:4 mile [3] - 5:3, 6:9, 47:6 intense ill - 42:2 Ladies [t] - 27:8 looked [3] - 5:15, 35:11 near [2] - 6:21, 28:5 intensity [1] - 37:21 lady [�] - 38:22 5:24, 6:13 mile- and -a -half (t] - necessary Ill - 21:2 interceptor [21- 5:21, LAGRAND 121- 30:11, looking [5] - 16:5, 6:9 need [5] - 3:2, 17:1, 5:24 30:16 16:13, 25:14, 33:18, MILLER [51- 2:8, 40:5, 19:9, 20:19, 38:4 interested [2] - 41:20, LaGrand [l] - 30:16 39:7 40:14, 40:21, 41:5 neighborhood [ii] - 46:15 looks [l] - 43:21 mind Ii - 20:17 7:5, 7:8, 25:19, land [51- 7:19, 8:4, interfacing [l] - 11:8 33:9, 36:13, 36:16 loved iz] - 26:9, 34:4 mindful (1] - 5:16 25:24, 26:16, 26:20, internally (l] - 15:16 Land [i] - 9:17 loves Ill - 26:1 minimal [1] - 42:3 27:3, 28:9, 28:16, intersection [18] - landlocked (l] - 42:15 LUCIETTO (33] - 2:2, minimum iz] - 8:10, 28:19, 29:24 4:24, 6:19, 7:2, 7:10, landscape [4] - 16:24, 3:1, 3:10, 4:7, 4:10, 12:1 neighborhoods 15) - 10:15, 10:17, 10:18, 38:1, 41:15, 41:21 9:4, 9:11, 9:15,9:21, misspoke 11 - 40:14 28:12, 28:15, 28:17, 10:22, 11:2, 1119 9:24, 20:4, 22:6, mistake (l] - 25:11 28:18, 28:21 landscaped [t] - 22:3 11:22,12:11, 12:15, ;landscaping [�] - 19:3 22:15, 22:22, 23:4, mixed [l] - 20:1 neighbors [4] -11:13, 15:5, 16:23, 35:12, 23:9, 24:15, 30:9, model [2] - 35:20, 13:4, 32:9 37:1, 39:4 :lane [�] - 6:20 30:14, 33:4, 34:9, lanes [z] - 6:22 39:2 never iz] - 21:8, 33:21 involved [z] - 28:18, language [:] - 19:16 34:13, 34:16, 34:21, months (t] - 32:1 new (z] - 10:19, 15:4 32:13 35:2, 35:5, 38:20, I I � large [3] - 6:17, 10:24, MOSES [z] - 38:23, next (2] - 9:15, 33:17 issue [s] - 11:23, 21:15 41:7, 43:4, 44:24, 40:9 nice (l] - 33:20 19:13, 24:12, 25:10, 45:5, 45:8, 45:10 Moses [t] - 38:23 night [l] - 19:23 42:16, 42:17 larger [3] - 8:9, 16:17, Lynette [3] - 1:12, 17:24 mosquitos [1] - 21:3 Nile [t] - 21:3 issues 17] - 19:8, 24:7, 46:3, 47:6 most [4] - 21:16, 22:7, node [1] - 37:1 LaSalle [l] - 35:9 j 32:5, 39:23, 42:7, 28:13, 43:3 non [l] - 43:14 � last [s] - 5:11, 13:17, 43:24, 44:1 M motion [7] - 4:3, 9:8, non -use [l] - 43:14 item [l] - 9:15 14:2.15:18, 26:21, 27:16 Madam (1] - 35:7 9:17, 22:18,23:6, none [t] - 9:7 J late [z] - 32:4, 41:1 mail (l] - 30:22 34:10,45:1 North [z] - 29:8, 35:9 lately (t] - 32:20 mailing (l] - 23:19 move [i] - 34:23 north [si - 4:23, 11:3, - JACK [t] - 2:7 law [z] - 4:18, 10:5 main [4] - 12:11, moved [a] - 4:5, 9:9, 11:14, 17:6, 17:15, Jake [i] - 9 lawyer [l] - 30:23 12:14, 18:9, 25:18 9:19, 22:20, 23:7, 36:14 JEFF [l] - 2:5 layout [l] - 36:12 major 12] - 9:1, 42:16 26:21, 34:11, 45:3 I north /south (1] - 4:24 Joliet [t] - 5:17 leave [z] - 3:21, 3:22 management [4] - moving [�] - 8:8 northeast [z] - 7:1, JONES (7] - 2:7, 4:5, less [t] - 17:21 16:2, 16:22, 18:7, Moving 12) - 23:4, 10:18 22:21, 23:8, 34 letter [s] - 20:5, 22:10, 42:18 34:21 northwest [1] - 27:11 35:1, 45:4 27:6, 27:10, 27:21, manner [l] - 38:6 MR (40] - 2:3, 2:4, 2:5, notes [2] - 30:12, 46:9 jump (l] - 15:14 37 March [4] - 40:3, 40:8, 2:6, 2:7, 2:8, 2:11, notice [zi - 16:9, Junior ill - 31:8 letters [l] - 22:13 41:4, 47:2 4:5,4:6, 4:15,9:9, 30:21 1 [ i 1- level 1y] - 40:17 (] jurisdiction 5:4 marked 35:19 9:20, 10:2, 13:14, notification [l] - 25:5 14:24, 15:2, 18:19, notified [2] - 25:8, library [l ] - 28:6 market [s] - 5:6, 8:22, 11:4, 35:21, 36:6, 20:8, 22:7, 22:20, 31:5 -_- K licensed [z] - 4:18, 22;21, 23:7, 23:8, number [9j - 11:1, 10:4 38:15 Kalantiz] - 23:5, MARLYS 2:9 23:11, 30:11, 30:16, 14:20, 17:19, 18:13, 23:12 light [l] - 10:19 [ ] 33:6, 34:11, 34:12, keep i21- 26:24, 33:13 lights [l] - 39:17 matter[i1- 27:18 21:11, 26:13, 26:16, keeping - 28:11, likely Ili - 43:3 maximum [2] - 7,22, 34:23,35:1, 35:7, 28:1, 31:10 p g [ 3 ] 8:14 40:5, 40:14, 40:21, Number[z] - 26:4, 28:18, 28:20 LINDBLOM [4] - 2:6, mean [l] - 13:6 41:4, 41:5, 43:6, 26:11 Kelly [3] - 37:17, 41:7, 4:6, 9:9, 41:4 45:3, 45:4 41:8 line [4] - 17:24, 41:22, medium [�] - 6:17 42:4, 43:16 medium -sized [ti - MS [lil - 2'2, 2'9, I O KEMMY[l] - 35:7 2:10, 9:10, 9:19, Kemmy [z] - 35:8, list [t] - 20:22 6:17 24:22, 27:4, 29:7, object [2] - 19:18, 41:14 live 1111 - 4:13, 20:9, meet (�] - 44:13 42:1 MEETING 38:23, 40:9, 41:8 Kendall [5] - 5:1, 5:9, 24:18, 24:23, 27:5, [ ] - 1'4 multifamily 131- 7:23, objection [21- 19:5, 5:11, 19:14, 41:18 29:8,33:7.34:1, meeting (5] - 1:10, 14:8, 14:13 37 :9 kicker(] 12:18, 19:11, 30:23, ] - 31:22 34:4, 38:24, 39:1 obviously [l] - 22:9 4 lived 5:8, 21:5, 34:24, 40:7, 40:8, odors kind[4]- 31:2,36:21, [1- N I h 1 -19:18 37:19,39:11 26:9, 31:4 41:3 OF [5] - 1:1, 1:4, 1:9, kindly [11- 4:12 living [14] - 8:2, 14:17, meetings [l] - 30:19 name [131- 4:12, 4:15, 46:1, 46:2 kinds [i] - 8:15 14:18, 17:9, 18:15, MEMBER (�] - 40:20 10:2, 20:8, 24:17, off -site [ii - 44:4 knowledge lit- 29:18 20:20, 20:22, 26:9, member [t] - 27:23 24:22, 27:4, 29:7, offers [t] - 25:21 28:14, 31:9, 33:14, Menards [t] - 5:23 30:15, 33:6, , office known [3] - 19:1, 26:9, 191 - 7:15, 11:1, 33:24 33:21, 34:2, 34:4 mentioned [l] - 17:7 38:23, 41:8 15:20, 16:10, 17:5, DepoCourt Reporting Service (630) 983 -0030 j 17:19,18:15, 29:13, 25:22, 26:5, 26:7, planned [q - 35:15 16:2, 26:8 Public 11] - 45:10 32:2 26:14, 27:23, 29:16, planning [51- 5:4, primarily [il - 11:12 publication [21- 5 off iced [lI - 35:9 33:13, 39:19 5:15, 7:19, 8:4, 9:18 primary Ill - 41:15 23:17, 23:18 old [21- 10:21, 32:12 parking [121- 16:19, plans [51- 8:16, 14:7, prime Ill - 8:24 PUD Pl - 6:10, 8:11, older hl- 13:19 21:9, 24:1, 24:3, 40:2, 40:10, 44:12 priority hl - 20:21 8:17, 19:15, 20:2, once [21- 24:21, 26:16 26:23, 29:20, 30:6, plat 12l - 20:18, 35:16 problem [3] - 19:9, 40:16, 40:23 One (3l - 11:15, 25:18, 30:8, 31:18, 31:19, play hl - 39:20 21:3, 21:8 purchased 121 - 33:9, 39:6 31:20, 33:16 played Ill- 32:12 procedures [21- 33:10 one p31- 3:14, 5:3, parks [l] - 26:20 plus Ill - 20:21 27:18, 29:14 push [21- 12:24, 6:24, 7:15,15:23, part [41- 3:17, 31:23, point [171 - 6:16, proceed Ill - 4:13 13:24 17:4, 20:4, 23:14, 32:22, 40:13 13:21, 15:6.15:9, proceedings Ill- 46:5 put [»l - 4:22, 5:21, 23:24, 24:5, 26:4, part's [11- 3:21 16:12, 17:13, 17:22, PROCEEDINGS [11- 6:19, 10:10, 19:12, 33:11, 37:20 participant It] - 28:9 17:23, 18:2,18:5, 1:9 22:13, 31:20, 31:23, one - and -a -half [1] - participating [11- 18:6, 28:14, 42:16, Proceedings Ill - 36:21, 39:15, 44:9 5:3 28:19 42:21, 44:3, 44:16, 46:7 putting (2) - 7:7, 33:16 ones [31- 13:4, 21:12 particular [4l - 41:11, 44:20 process [21- 25:6, open (sl - 4:3, 9:18, 42:11, 42:14, 43:2 points (2] - 15:10, 36:2 Q 23:6, 25:10, 29:12, parties [2] - 46:13, 22:7 producing Ill - 22:1 5 38: - � t [1 34:23, 35:6, 44:18 46:14 Police [11- 28:11 products [1] - 8:3 qua I l 38: opened Ill- 23:10 partnership hl - police Ill - 28:13 programs [11- 28:20 43:18 opens 111- 26:18 11:16 political [31- 31:23, project [31- 4:2, 5:23, quarter Ill- 35:11 operate [11- 26:17 passing Ill - 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28:3 recommendation (61- P 6:14, 6:18,13:15, presentation Ill - provided [l1- 16:11 6:5, 12:23, 19:24, - 13:17, 14:1, 14:4, 38 : 18 providing Ill - 43:20 40:5, 40:7, 42:5 p.m Ill - 1:12 14:9, 14:14, 15:3, presenters Ill - 3:15 Provisions Ill - 20:23 reconfiguration [2] - PAGE Ill - 46:2 15:4, 15:7, 15:11, roximit Ill - 26:14 18:15,18:16 Pages [1] - 46:7 preserve [21- 37:4, proximity 15:16,15:17, 15:22, 43 : 22 public 1241- 3:1, 3:18, reconfigured [11- paid [11- 28:15 16:2, 17:10, 17:15, Preserve [71- 37:8, 4:4, 4:10, 9:8, 9:18, 10:19 paper(�1- 23:19 36:3, 36:7, 36:10, 43:9, 43:10, 43:11, 10:13, 18:21, 19:21, record Ill - 20:6 parcel [51- 13:23, 36:15, 36:18, 36:21, 43:13, 43:15, 44:5 20:6, 22:18, 23:6, recorded ill - 35:17 18:1, 36:19, 37:15 37:22, 38:13, 38:16, preserved hl - 21:17 23:9, 24:16, 30:23, records Ill - 30:24 Park [51- 25:18, 27:1, 40:6, 40:11, 40:13, pretty [4] - 14:19, 34:10, 34:16, 34:23, redeveloped li] - 24:3 28:5, 31:11, 31:19 41:19, 42:5 16:14, 17:18, 35:21 35:5, 38:21, 40:16, redid 11] - 31:15 park 191 - 25:21, Plan [2l - 1:10, 14:10 previous 13] - 13:15, 40:19, 40:22, 45:2 referring [21- 13:19, DepoCourt Reporting Service (630) 983 -0030 i 14:10 respectfully [1) - scheduled I1] - 40:18 7:22, 8:5, 8:7 step [1] - 38:22 reflection [1] - 36:10 26:23 SCHILLINGER [1] - sit [31 - 6:24, 7:2, still (51- 3:24, 10:2, 6 reflects I1] - 15:4 respects I1) - 5:6 2:4 42:22 11:11, 15:20, 19:6 regard [2] - 20:14, respond [2) - 9:2, school 131 - 30:1, site [181 - 17:2, 17:3, stop [1) - 37:5 41:11 22:10 31:11, 31:17 18:18, 22:11, 36:3, stoplight [2] - 39:14, regarding [1] - 42:6 response [11 - 45:9 schools [4] - 26:14, 36:7, 38:13, 40:1, 40:11 regards (2) - 43:7, responses [1) - 22:12 28:5, 29:24, 30:3 40:11, 41:16, 41:17, stores [1] - 39:24 43:20 responsibility [2) - screening [1] - 37:12 41:19, 41:24, 42:18, stories [21- 14:17, regional [3] - 5:9, 6:17 28:23, 46:20 seat I1) - 5:20 42:20, 42:23, 44:4, 20:23 related [2) - 46:12, responsible 11] - Second 18) - 4:6, 9:10, 44:14 stormwater 161 - 46:13 28:20 9:20, 22:21, 23:8, sitting [1] - 43:1 15:23, 16:1, 16:21, relationship [1] - rest [1) - 32:9 34:12, 35:1, 45:4 situation [21 - 3:15, 18:7, 42:18, 44:9 11:13 restaurant I1] - 17:20 second 171 - 4:8, 7:20, 12:19 i story (1) - 17:8 remain [2) - 27:24, restricted (2) - 8:8, 9:6,13:2, 15:14, six [2) - 6:20, 21:5 straighten [1] - 43:16 33:23 20:20 22:17, 35:2 six -lane [1] - 6:20 Street (1 0] - 4:17, removed (1] - 21:20 retail 171- 15:20, secondary I1) - 20:12 sized 12) - 6:17, 8:10 10:3, 23:16, 24:23, repeat [3] - 3:7, 24:20, 16:10, 16:16, 16:17, section [21- 6:20, slide 121 - 12:11, 32:11 25:3, 26:5, 27:12, 24:21 17:11, 17:19, 18:17 31:13 slighted [1] - 31:3 29:8, 30:17, 32:18 Report I1] - 46:7 retained [1) - 41:9 see [131- 4:21, 6:20, slightly Ill - 4:23 street [1) - 31:14 report Ill - 12:12 retention I1] - 21:2 10:14, 11:24, 12:12, silver [1] - 13:24 streets [3] - 25:21, REPORT Ill - 1:9 revenue 111- 22:1 13:9, 14:6, 15:15, small I1) - 16:1 28:10, 39:21 reported I1) - 46:5 revenue - producing 34:5, 41:18, 42:2, smaller Ill - 17:11 stressed [1] - 28:14 reporter (2] - 4:14, [1) - 22:1 42:10 smell [1) - 19:18 strip [21 - 16:17, 39:24 30:15 revisit (1] - 14:3 seek [1) - 38:9 someone (2] - 24:7, j stub 111 - 16:11 Reporter 111 - 46:4 rezone [2) - 26:3, seeking I1) - 36:5 24:9 ! subdivision [e) - represent [31- 4:19, 37:10 sense [2) - 8:14, 20:2 somewhat [1) - 30:19 13:13, 39:1, 39:9, 10:6, 41:10 rezoned (2] - 10:22, sent I1) - 21:20 sort [3) - 41:20, 42:10, 39:10, 39:16, 39:19, ' representative [1] - 25:4 separation [1) - 15:5 43:14 40:10, 40:12 18:22 rezoning [31- 23:15, septic 121 - 24:8, 24:11 south [11] - 5:16, subdivisions [11- representing [1] - 25:2, 25:6 seriously I1) - 32:24 11:10,11:21, 12:9, 7:13 43:6 Rich [1] - 12:21 served (1) - 5:9 13:5, 13:13, 15:7, ' subject [4] - 6:6, represents I1] - 37:17 right -in /right -out [41- set [31 - 16:14, 22:11, 17:21, 29:9, 37:18, 15:11, 35:14, 41:14 reproduced I1) - 16:13, 17:14, 24:1, 47:2 43:10 suggesting (1) - 7:6 46:20 24:4 setting 13] - 5:12, South [21- 4:16, 10:3 suit (21- 46:13, 46:14 request [7) - 6:11, right -to -farm [1] - 8:14, 21:6 southeast 121 - 10:18, suitable [1] - 13:3 26:3, 27:10, 27:15, 19:16 settled I1] - 32:6 41:13 summer 121- 27:16, 27:22, 28:3, 31:8 rights [21- 25:15, several 131 - 20:17, southwest I11- 20:10 32:19 requested [3) - 19:3, 29:20 26:1, 42:19 space [1] - 31:21 Sunflower [1) - 39:1 ' 24:2, 42:21 River [11- 27:6 sewer [4) - 5:21, speaking I1] - 43:21 support 111- 30:8 requesting 13) - 27:10, road [5] - 4:24, 5:1, 24:10, 24:11, 44:21 specifically [2] - 14:8, supporting 12) - 12:16 28:24, 29:2 5:24, 31:16, 38:1 shared 12) - 16:18, 17:3 surprise 11] - 35:23 requests I1] - 23:21 Road [3) - 5:1, 18:10, 19:10 spell I1] - 20:24 surround [1) - 25:22 requires [2] - 40:15, 27:6 shocked [2] - 27:14, spirit (1] - 32:21 surrounded (1] - 40:16 room [1] - 29:21 30:21 square [21- 7:1, 39:14 33:13 reside [31- 28:6, 29:3, Route [24] - 4:24, shoot [1I - 24:10 Square [5] - 25:18, surrounding [1] - 27:1 29:4 6:21, 10:17,11:3, Shoppe [21- 7:20, 27:1, 28:4, 31:10, ! swales [1] - 42:19 i Residence I1) - 30:16 11:14, 11:19, 11:20, 10:7 31:18 swear [2] - 3:4, 3:5 residence [51- 26:8, 13:21, 17:20, 20:16, short [1) - 12:18 SS I1) - 46:1 swimming I1] - 33:17 31:5, 32:1, 33:8, 24:5, 25:22, 26:4, Shorthand [1] - 46:4 staff [9] - 8:11, 12:6, '. sworn [2] - 3:2, 3:9 33:24 26:6, 26:13, 27:5, shorthand 121 - 46:5, 12:12, 12:15, 14:1, system (3] - 24:8, residences [1] - 32:17 27:12, 30:3, 35:12, 46:9 15:17, 42:17, 42:23, 24:11, 27:16 resident [21- 20:15, 39:11, 42:11 shots [11- 8:18 43:24 32:3 row (1) - 21:15 show [7) - 7:20, 8:6, staffing I1) - 12:19 T residential [17] - 7:11, ruin [1] - 26:19 11:18, 32:10, 36:3, stage 141 - 36:23, 40:4, table [z] - 5 7:13, 7:17,11:9, runoff Ili - 21:8 36:18, 36:19 40:11, 41:24 , 5:20 tags 11] - 21:11 :1:122 13:4,13:12, 25:23, showed [1] - 37:21 stand [2] - 3:6, 25:12 targeted [1) - 14:21 26:17, 26:24, 27:14, S side [81- 11:3, 11:21, stands I1] - 19:6 tax I1) - 22:2 28:1, 28:2, 28:15, 12:9,16:22, 21:16, start Ill - 30:18 • safe (a) - 28:12, 28:19, 29:1, 29:6, 35:20, 28 :21, 33:20 29:9, 32:16, 36:16 started I1] - 36:2 ten [1] - 29:11 44:10 signage I1] - 17:1 STATE I1] - 46:1 terms (3) - 11:6, 19:4, safety 12) - 26:15, residents 18) - 26:8, 28:24 signed I1) - 46:18 State [2) - 4:18, 10:5 37:14 31:24, 33:14, 33:24, sales simply I1] - 42:4 state [ z 4:12, 27:22 terrible 111 - 11:23 34:4, 39:8, 40:1, - 22:2 ] - SANDRA A (1) - 2:10 Sincerely 11] - 22:5 statements [1) - 3:17 ' testimon y [ 1] - 47:1 40:12 sanitary [1) - 5:21 single [41- 7:22, 8:5, station 12] - 12:3, THE I1] - 1:4 resolution [11- 42:9 8:7, 28:13 16:16 thereof [2] - 46:15, sat I1) - 11:10 respect I1) - 18:20 single- family [3) - stay [21- 21:13, 34:8 46:18 - -- DepoCourt Reporting Service (630) 983 -0030 third 121- 8:6, 18:20 V 16:11, 17:3, 18:12, Thoughtful [11- 21:22 u 21:16, 25:22, 33:8, 2:9 7 thousand [1] - 12:1 1, 44: 9, 46:1 , 46:1 35:11, 37:3 three [el - 8:14, 14:111 12:9, 44:9, 46:21 West [51 - 21:3, 24 :23, 14:12,14:17, 17:8, understood [1] - 25:3, 27:12, 33:7 25:21, 26:11, 33:17 western [2] - 14:7, three-story 6:22 ry [�1- 17'8 unfortunately [21 - 15:21 Thursday [l1- 41:2 10:11, 12:18 westernmost [1] - tier 121- 7:20, 8:6 6:14 today [31- 25:1, 27:9, unit [31 - 14:16, 17:8, 35:15 westward [t1- 5:16 37:16 UNITED [t1- 1:1 whereof [1] - 47:1 together [41- 5:22, whole 131- 8:3, 17:3, 10:10, 38:4, 43:23 United [i] - 1:11 44:23 Tom 111- 38:19 units 131- 14:11, widep1- 11:12 TOM [l1- 2:6 14:12, 14:18 wildlife [t1- 21:7 tonight [e] - 5:7, 5:13, unless [l1- 38:18 windmill [a1- 20:18 10:8, 12:13, 19:11, up[241- 3:6, 3:13, wonderful [1] - 25:24 22:17, 32:10, 35:24 4:11, 4:22, 7:13, wooded Ill - 43:18 7:17, 8:24, 9:16, I tonight's [l1- 40:7 woods [21- 42:15, Tony 121 - 43:5, 43:6 14:6, 16:8, 16:20, 43:18 topography ill _ 21:9 17:1, 22:11, 24:7, words [2] - 5:23, total [l1- 14:12 24:14, 24:17, 29:9, 30:20 29:12, 29:21, 36:15, touch [11- 19:12 worse ry1- 39:13 38:22, 42:3, 43:16, Town [5] - 25:18, 27:1, 44:17 written Ill - 6:7 28:4, 31:10, 31:18 upset [i] - 25:5 town [31- 19:8, 31:3, upsidedown [t1 - Y 32'8 36:14 year [51- 13:17, 15:18, townhome [51- 13:8, urban [t1- 13:7 16:3, 16:6,17:19 14:11, 14:15, 14:23, urging [l1- 29:5 years 191- 5:11, 5:22, 18:13 user [51 - 17:24, 18:5, 11:1, 21:5, 28:8, townhome2 2 38:8, 38:16, 44:11 29:11, 31 :10, 33:10, 13:18, 14:2200, , 1 4::2 1 users 161- 36:6, 36:9, 33:15 Township 11] - 5:2 36:11, 38:12, 41:19, YORKVILLE [t1- 1:1 traffic [41- 26:12, 41:24 Yorkville [241 - 1:10, 29:23, 30:2, 39:18 uses [31- 16:19, 1:11, 1:13, 4:17, training [1] - 28:13 17:20, 42:3 5:14, 5:19, 10:4, transcribed [41- 9:14, utilizing [t1- 18:5 10:16, 13:9, 19:15, 23:3, 34:20, 45:14 20:10, 20:16, 20 :19, transcript [z1- 46:9, V ': 22:1, 28:7, 29:4, ' 46:18 29:12, 29:23, 30:17, Travis [l1- 39:13 vacant [t1 - 33:9 31:3, 32:8, 34:7, TRAVIS [l1- 2:8 Valerie [l1- 24:22 38:24 trees [31- 21:11, verbally [t1 - 44:19 YOUNG [l1- 2:9 21:15, 21:17 verifying [11- 27:17 yourselves [11- 8:21 triangle [21- 10:21, Victoria [q - 27:4 43:14 village [l1- 18:4 trouble [l1 - 39:10 virus p] - 21:4 Z true [11- 46:8 voices [1] - 3:24 zone [2] - 7:10, 29:5 try [l1- 25:13 vote [i1- 3:19 zoned [3] - 29:1, trying [l1- 24:21 voting [t1- 32:5 36:20, 41:17 Tuesday [l1- 40:20 zoning [23] - 6:10, 6:16, 7:8, 8:8, 8:13, turn [31- 6:22, 26:2, W 11:2,19:1, 20:3, 36:13 wait [t1- 30:21 20:24, 27:7, 27:10, turned [l1- 33:12 waives [1] - 19:18 27 :13, 27:15, 27:24, turning [l1- 33:1 walked [t1- 28:10 28 :3, 29:17, 36:1, turns [21- 7:9, 7:14 Walker [l1- 5:1 36:5, 36:24, 38:10, two Ill I - 6:4, 8:17, wants [41- 5:18, 5:19, 41:22, 42:1, 42:6 14:7, 15:9,17:11, 12:3, 38:22 20:23, 24:13, 26:8, watch [l1 - 28:19 32:1, 33:24, 42:7 Water[ i1- 21:7 type [41- 7:5, 7:8, water [z1- 39:23, 21:24, 43:20 44:21 typical 121- 14:15, website [l1- 22:12 14:22 Weisman [t1- 5:22 west[io] - 11:2, 11:9, DepoCourt Reporting Service (630) 983 -0030