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Plan Commission Minutes 2008 01-09-08 Page 1 of 4 APPROVED 2/13/2008 UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY COUNCIL CHAMBERS Wednesday, January 9, 2008 7:00pm Chairman Anne Lucietto called the meeting to order at 7:02pm. Roll Call: Sandra Adams, Clarence Holdiman, Tom Lindblom, Jeff Baker, Jack Jones, Anne Lucietto, Brian Schillinger Absent: Charles Kraupner, John Hegeler, Mike Crouch A quorum was established Other Citv Staff: Travis Miller, Community Development Director Robyn Sutcliff, Alderwoman Guests: Matt Schury- Kendall County Record, Dan Kramer- Attorney, William Dunn -EEI, John Philipchuck- Attorney, Lynn Dubajic, Terry Grandchamp -court reporter, Jeff Freeman-EEI, Eric Granrud -SEC Group, Sue Hanson, Stephanie Boettcher, Attorney Robert Kenny - Raycorp Inc., Tom Rayburn (sp ?)- Raycorp Inc., Jim Meier - Raycorp Inc. Previous Meetine Minutes: December 12, 2007 The minutes were approved as read on a motion and second by Jones and Baker respectively. Approved unanimously on a voice vote. Public Hearing: Requested by Petitioners 1. PC 2007 -39, Hattner Trust #1, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation and zoning from Kendall County A -1 Agriculture to the United City of Yorkville 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. Attorney Dan Kramer was present on behalf of the petitioner and asked that the Hearing be opened and then continued until the next meeting. He stated they did not have a Plan Council recommendation yet, but all necessary notices have been published. A motion was made by Holdiman and seconded by Adams to open the Hearing. It was approved unanimously by voice vote. There was no one else present who wished to Page 2 of 4 speak regarding this petition. Jones then moved and Holdiman seconded to continue the Hearing until February 13, 2008. Approved on a voice vote. New Business: 1. PC 2007 -27 Lincoln Prairie This item had been tabled at the December 12, 2007 Plan Commission meeting. Travis Miller summarized the decisions from the last meeting and said that the preliminary plan had been approved at the December meeting. The final plan was tabled due to additional requests from the engineer. Among those requests was a field tile survey —now completed. Other information requested has now been received according to a January Bch memo from Bill Dunn. Miller said there is still concern regarding the impact of stormwater on adjoining properties after it enters field.tiles. He said the Illinois Drainage Law governs what an owner can do with a property and the impact on other properties. In Mr. Dunn's memo, he suggests obtaining written consent from adjoining property owners regarding the alternative stormwater design solution. City Attorney Kathy Orr will render an opinion on this suggestion. According to Miller, although the plan is consistent with the zoning and preliminary annexation, the issue is the temporary alternative stormwater management during the first phase of the project, in lot 2 and 3 in the north central part of the property. The temporary solution is to transfer water to an area in the southern portion of the property instead of to the facility. Lindblom commented that the legality of the stormwater issue is beyond the authority and expertise of the Plan Commission. Baker also expressed concern regarding the temporary water solution and the ability to monitor the progress without it becoming lost. After discussion, Miller suggested a positive recommendation subject to the staff report, legal opinion and resolution of the engineering issues. He is confident with the plat and that the alternative stormwater solution is environmentally sound. Miller added that the overflow would only be used until the site develops. Jones was concerned about possible legal challenges for the Plan Commission. Concerns over potential fuel spills and chemicals at the site, were raised by Schillinger. John Philipchuck, Attorney, said there are two triggers in this project: 1. Construction of public road (part of overflow area) 2. Attempt to secure easement across the adjoining properties, talks have begun with property owners Page 3 of 4 An exhibit showing the temporary storage area was displayed by Eric Granrud of the SEC Group. Schillinger questioned if there was any special filtering since chemicals will be used. A bio -swale and a gravel- covered surface with catch basins will be constructed. All resulting sediments will flow to a wet pond. A grease and oil interceptor will be constructed for the truck wash area. Granrud told the Commission members that the operator of this plant has not had a violation in over 20 years at their Mt. Prospect facility. Sue Hanson, a property owner at Faxon and Eldamain expressed concern regarding where the permanent drainage will go. She said there is an extremely low area on her property north to Menards' where water collected last spring. The property will drain to the east across Eldamain according to Granrud. She also had concerns about her well and increased traffic. Granrud said the 14 -acre site of this proposed facility will also have a well and septic and all contaminants will be contained under very rigorous standards. Alderwoman Robyn Sutcliff asked if the IDNR had been contacted since the overflow of the stormwater could potentially drain to Rob Roy Creek. She also questioned how often the State checks /inspects the facility. IDNR has been contacted and the State is in charge of permits for this facility. The local Fire Marshal conducts yearly inspections according to Granrud. The City would issue building permits and the business also must obtain permits with respect to air pollution. There was no further discussion and a motion was made by Lindblom to recommend acceptance of the final plat. Jones seconded the motion. This motion is subject to legal opinion, resolution of the engineering issues and also subject to the staff report and recommendations. Roll call vote: Adams -aye, Jones -aye, Baker -aye, Lindblom -aye, Holdiman -aye, Lucietto -aye, Schillinger -aye Presentations: 1. PC 2007 -40 Yorkville Town Center — Concept Plan Attorney Robert Kenny was present on behalf of Raycorp for the Yorkville Town Center plan. He said they wish to change the zoning on 25 acres of the development that is located near on Rt. 47 and 71 on the southwest corner. Currently the zoning is R2 and they wish to change that to B3 due to the commercial nature of that intersection. The full access lines up with the Sunflower development. Baker said he had concerns with the ingress /egress of the property behind outlot H when it develops. Attorney Kenny said the property owner had been spoken with. Schillinger noted that he would like to see connectivity between the existing property and the proposed development. He further stated that there have been many discussions on ways to limit stop signs and lights for better traffic flow. Page 4 of 4 Schillinger also added that although the City needs commercial and open space, he does not feel this development will have a low impact. There will be many cars due to the gas station and a potential grocery store and he felt these factors would change the nature of the nearby Forest Preserve. Chairman Lucietto summarized the points made and there was no further discussion. 2. Update of Comprehensive Plan Advisory Committee Meeting on December 20, 2007 by Anne Lucietto Ms. Lucietto noted that the meeting dates will change —they will alternate between Wednesdays and Thursdays every other month. She asked Commission members to be facilitators for the meetings. Lindblom commented that he thought it would be more beneficial to have City staff members assume that role for continuity. The next meeting is January 23 Senior Planner Stephanie Boettcher then continued the summary. She said the first meeting topic was natural resources and six goals were identified. The next meeting topic will be infrastructure /water /sewer. The following night is the Plan Commission Consortium to discuss historic planning. Ms. Lucietto asked for any input on this topic. Additional Business: Travis Miller said the Open Lands Conservation Group will sponsor a conference on February 1 St and 2" to discuss farmland conservation and preservation. Anyone interested in attending should contact him. According to Lynn Dubajic, the Home Depot store will be opening early February and she mentioned some of the other businesses scheduled to build there. An open -air area is still scheduled for the Rt. 34 /Cannonball area. She also said Target is expected to open late Spring and two other national chains are negotiating with the City. Schillinger asked about the progress of the WalMart store. Many approvals are needed for this 11 -month build project and Ms. Dubajic hopes for a 2009 opening. There was no further business and a motion was made by Jones and seconded by Adams to adjourn the meeting. Adjourned 8:04pm. Minutes respectfully submitted by Marlys Young, Minute Taker �`�Eo ca o United City of Yorkville 800 Game Farm Road Ir.1 �� 1836 Yorkville, Illinois 60560 - Telephone: 630 -553 -4350 °9 o� Fax: 630 - 553 -7575 ILL. E PLEASE SIGN IN MEETING: t�� ca C n, rss f o DATE: vl C'J ro� NAME COMPANY PHONE NUMBER T4ci Aflfpc�vcJ— �) (5 C- 4- L-- L 6 30 -37 I 1 I M cUvi l�on�(��C <�: /1P��,� I C '� 0 - SS 3 — 7o3 IC 6 /V R-V'> � S� � Ilea -SS 3 --3 S& o R w J (V� n'1 L1 �Y� I i c�� t f' C (oh - S 4-- 66 fS I I I 0 United City of Yorkville 800 Game Farm Road 5T 1 1836 Yorkville, Illinois 60560 -4 Telephone: 630 -553 -4350 op Fax: 630-553-7575 It. PLEASE SIGN IN MEETING: DATE: �a „ q� o a NAME COMPANY PHONE NUMBER S) ue °� I�;` �e U S 0 h 9 ss2 - 7S U 7 6 63 0 - S53 156 a t i UNITED CITY OF YORKVILLE, ILLINOIS I. MEETING OF THE i 1 PLAN COMMISSION REPORT OF PROCEEDINGS taken at the meeting of the Yorkville Plan Commission for the United City of Yorkville, taken on January 9, 2008, at the hour of 7:00 p.m., before Teresa S. Grandchamp, C.S.R., at 800 Game Farm Road, Yorkville, Illinois. ail I i i i i� �i D- 835708 i REPO • COURT reporting service 1212 South Naper Boulevard • Suite 119 -185 • Naperville, IL 60540 • 630 - 983 -0030 • Fax 630 - 299 -5153 www.depocourt.com 2 1 PRESENT: 2 MS. ANNE LUCIETTO, Chairwoman, 3 MR. JEFF BAKER, 4 MR. TOM LINDBLOM, 5 MR. JACK JONES, 6 MS. MARLYS YOUNG, 7 MS. SANDRA ADAMS, 8 MR. CLARENCE HOLDIMAN. 9 - - - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 3 1 CHAIRWOMAN LUCIETTO: First thing is on 2 PC 2007 -39, Hattner Trust #1. 3 Dan, I believe that's yours. Can 4 you explain what you want to do and then -- 06:56PM 5 MR. KRAMER : Sure. Dan Kramer, for the 6 record, on behalf of the petitioners. I am an 7 attorney licensed to practice law in the state of 8 Illinois. My address is 1107A South Bridge 9 Street, Yorkville, Illinois. 06:56PM 10 We're asking to call the meeting to 11 order tonight and then continue the public hearing 12 to your next regularly - scheduled meeting. We had 13 some shuffling of dates as far as Plan Council 14 over the holidays. So we don't have the Plan I, 06:56PM 15 Council recommendation yet, but we have published 16 and served all the certified notices under the 17 ordinance and the state statute. So we're simply 18 asking that it be convened and then continued to 19 your regular meeting in February. i 06:56PM 20 CHAIRWOMAN LUCIETTO: And you're 21 prepared to answer any questions? 22 MR. KRAMER: Sure. If there are people 23 here, we're more than happy to. 24 CHAIRMAN LUCIETTO: Then we'll go Depo•Court Reporting Service (630) 983 -0030 4 1 through the formalities of that. 2 MR. KRAMER: Thank you. 3 CHAIRWOMAN LUCIETTO: Okay. Who is here 4 for the Hattner Trust #1? Is anybody here for 06:57PM 5 that? Okay. 6 AUDIENCE MEMBER: One person; one lady. i 7 CHAIRWOMAN LUCIETTO: Is there somebody 8 back there? 9 AUDIENCE MEMBER: I am here because of 06:57PM 10 that, but that's okay. It's been continued until 11 next month, so -- 12 CHAIRWOMAN LUCIETTO: Well, it's going 13 to be. I just wanted to make sure you didn't want 14 to speak or have any questions. Okay. All right. 06:57PM 15 MR. KRAMER: Well, ultimately she will 16 chase me down outside. 17 CHAIRWOMAN LUCIETTO: That's fine. I 18 just have to go through the formalities of this. 19 Okay. So we need a motion to open 06:57PM 20 PC 2007 -39. 21 MR. HOLDIMAN: So moved. 22 MS. ADAMS: Second. 23 CHAIRWOMAN LUCIETTO: All in favor, aye. 24 (Body of ayes.) Depo•Court Reporting Service (630) 983 -0030 5 1 CHAIRWOMAN LUCIETTO: Not in favor, nay. 2 (No response.) 3 CHAIRWOMAN LUCIETTO: So we are now 4 open. Public Hearing PC 2007 -39. At the request 06:S7PM 5 of the petitioner, we're being asked to postpone 6 the public hearing to February 13th, 2008. So as 7 long as we're in agreement with that, do we have a 8 motion to -- 9 MR. LINDBLOM: Just for the record, I 06:58PM 10 would ask, once again, to get it in the record if 11 there is anybody that wishes to speak tonight. 12 COUNCILWOMAN LUCIETTO: Is there anyone 13 that wishes to speak tonight? 14 (No response.) 06:58PM 15 COUNCILWOMAN LUCIETTO: I guess not. So 16 I'll accept a motion to postpone or continue this 17 public hearing until February 13th. 18 MR. BAKER: So moved. 19 COUNCILWOMAN LUCIETTO: Second. 06:58PM 20 MR. HOLIDMAN : Second. 21 CHAIRWOMAN LUCIETTO: All in favor say 22 aye. 23 (Body of ayes.) 24 CHAIRWOMAN LUCIETTO: Okay. So we'll Depo•Court Reporting Service (630) 983 -0030 6 1 postpone the hearing until February 13th. 2 (WHEREUPON the Public 3 Hearing portion of the 4 Plan Commission meeting 5 was concluded.) 6 i 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 7 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF K A N E ) 3 I, Teresa S. Grandchamp, a 4 Certified Shorthand Reporter, do hereby certify 5 that I reported in shorthand the proceedings had 6 at the hearing of the above - entitled cause and i 7 that the foregoing Report of Proceedings is a 8 true, correct, and complete transcript of my 9 shorthand notes so taken at the time and place 10 aforesaid. 11 I further certify that my 12 certificate annexed hereto applies to the original 13 transcript and copies thereof, signed and 14 certified under my hand only. I assume no 15 responsibility for the accuracy of any reproduced 16 copies not made under my control or direction. 17 In testimony whereof, I have 18 hereunto set my hand this 24th day of January, 19 A.D., 2008. 20 22 Teresa S. 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