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Plan Commission Minutes 2008 10-08-08 APPROVED 11/12/08 Page 1 of 4 UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY COUNCIL CHAMBERS Wednesday, October 8, 2008 7:00pm Chairman Anne Lucietto called the meeting to order at 7:02pm. Roll Call: Clarence Holdiman Michael Crouch Charles Kraupner Sandra Adams Jeff Baker Tom Lindblom Annie Lucietto, Chairman Absent: Brian Schillinger, Jack Jones A quorum was established Other Citv Staff: Mayor Valerie Burd, Ad Hoc Committee Member Travis Miller, Community Development Director Bob Allen, City Council Liaison (on behalf of Joe Besco) Guests: Matt Schury, Kendall County Record Richard Scheffrahn Lynette Neal, Depo Court Minutes: August 13, 2008 The minutes were approved as read. Public Hearings: Requested by Petitioners 1. PC 2008 -22 G.B. Illinois 2, LLC, petitioner, has requested a special use for a drive through facility. The property is Lot 5 of the Cobblestone Subdivision consisting of 2.33 acres located at the southeast corner of Route 34 and Eldamain Rd. Chairman Lucietto said a letter from the project attorney had been received concerning this petition. The petitioner has asked that the hearing be opening and continued to next month. Baker made a motion to open the Public Hearing with a second from Holdiman. Passed unanimously on a voice vote. There was no other comment from anyone present. A motion was then made by Crouch and Lindblom respectively, to continue the hearing per the petitioner's request. Roll call vote was taken: Crouch -aye; Kraupner -aye; Adams -aye; Baker -aye; Lindblom -aye; Holdiman -aye; Lucietto -aye. The case will be continued to November 12, 2008. Page 2 of 4 A motion was then made by Crouch to close the Public Hearing and it was seconded by Adams. Passed on a voice vote. New Business: 1. Comprehensive Plan Land Use Map — modification on future commuter rail station Travis Miller said a memo from Senior Planner Stephanie Boettcher contained some revisions in response to EDC's request for higher density near the proposed commuter station. Two alternate land use plans were developed and he said the EDC favored Plan 2. The primary difference between the 2 plans was the mixed use along Rt. 34 that was incorporated into Plan 2. The original plan suggested more commercial use. The Public Hearing for the Comp Plan is scheduled for October 28 at the City Council meeting. All Commission members were in agreement with the new revision. 2. Mining Regulation — Discussion This matter was first discussed in the Administration Committee. Though there is not an application pending at this time, Travis said the City has a 75 square mile planning area with some current mining in Kendall County. He said the current ordinance addresses mining, however, it requires further clarification. Miller said 2 factors need to be considered: 1. Zoning classification —the current ordinance requires mining operations to be M2 2. Consider criteria in ordinance He gave an overview of the discussion/suggestions from the City Staff including possible classification of either Ag or Special Use. When the mining ceases, the area would possibly change to a lake or recreation area. Staff recommended that a possible text amendment might be needed if the Plan Commission felt it necessary. Baker said he did not think mining fits into the Ag zoning class and was closer to Special Use. Lindblom added that mining operations start in the County and building migrates around the operation. Lucietto asked for additional research from other counties who have similar makeups compared to Kendall County. The Boughton Gravel pit was cited as a facility that now has growth surrounding it. A facility at 111 th St. near Naperville was also mentioned. Travis will bring additional research to next month's meeting. 3. Plan Commission meeting schedule for 2009 The proposed meeting schedule for 2009 was presented. It was noted that the November meeting would be held on the 3 rd Wednesday due to Veteran's Day being on the 2nd Wednesday. Page 3 of 4 Additional Business: Chairman Lucietto recapped a request from last month's meeting whereby Plan Commission members wished to have a discussion with Council members regarding the vote to approve a gas station at Cannonball and Rt. 34. This followed a negative recommendation from the Commission. Mayor Burd was present to explain the Council's action. She said she had spoken with residents and Aldermen prior to the vote. She said most of the Aldermen did not share the Commission's concern about the gas station and felt it was an appropriate location for a gas station. They felt the area had changed significantly since the original PUD was put in place and did not feel that PUD was a contract. She said the current Council is a new group of people who had no history with the Cannonball residents. The Mayor said the Council values the Commission's input, however, the Commission is elected to advise the Council. She said many of the Aldermen are concerned about the environment, but did not feel there was a concern for this location. Crouch stated he did not feel the Council gave much consideration to the issues raised by the Commissioners and did not discuss possible runoff to residential wells or possible leaking tanks. He felt the Councilmen put the tax revenues ahead of environmental concerns. Commissioner Baker added that the Commissioners have followed this case since its inception and said that this matter had been through the courts twice. He felt the Commissioners did a good job and wondered if the Councilmen had all the facts before their vote. Mayor Burd said all the information was provided to the Council and added that Alderwoman Sutcliff had attended the Plan Commission meeting. She conceded that the tax revenue was part of the decision. Alderman Bob Allen was present at this meeting and said although he voted against the gas station, he stood behind the Council. An alternative location further west was brought up by Baker. There was further discussion that it would be near the Rob Roy watershed that ultimately drains to Blackberry Creek. In a final comment, Lindblom said he respected the Council's decision, but was bothered because of the overturning of the Commission's decision. The Commissioners thanked Mayor Burd and Alderman Allen for attending the meeting and Chairman Lucietto said in the event of a future voting disparity such as this, an explanation will be given to the Commission. In other matters, Chairman Lucietto noted the first Kendall County Planning Consortium was held September 18 with "water" being the topic. Oswego will host the next meeting on November 20 at 7pm at the new City Hall. The discussion will be "green ". Page 4 of 4 Chairman Lucietto also suggested "windmills" as a possible future topic. Mayor Burd said Oswego had approached the City about a possible windmill farm. Alderman Allen said there would be a Ward I meeting on October 23 at 6:30am at Southern Belle Pancake House. There was no further business and the meeting was adjourned at 7:43pm on a motion by Adams and second by Holdiman. Approved on a voice vote. Minutes by Marlys Young, Minute Taker 0 United City of Yorkville 800 Game Farm Road T , 1636 Yorkville, Illinois 60560 Telephone: 630 -553 -4350 o 1! -.-1 P Fax: 630 -553 -7575 PLEASE SIGN IN MEETING: plot- -► ,-� , s .s , ��► DATE: o NAME COMPANY PHONE NUMBER I I I 1 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 October 8, 2008, at the hour of 7:00 p.m., before Lynette J. Neal, C.S.R., at 800 Game Farm Road, Yorkville, Illinois. I D- 858608 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. JEFF BAKER, 4 MR. MICHAEL CROUCH, 5 MR. CHARLES KRAUPNER, 6 MR. TOM LINDBLOM, 7 MR. TRAVIS MILLER, 8 MS. SANDRA ADAMS, 9 MR. CLARENCE HOLDIMAN, 10 MS. MARLYS YOUNG. 11 - - - 12 13 14 15 16 17 18 19 20 21 22 23 I 24 i De roCourt Reporting Services (630) 983-0030 3 1 (Whereupon a portion of the 2 hearing was had but not herein 3 transcribed.) 4 CHAIRMAN LUCIETTO: Do I have a motion 07:OOPM 5 to open PC 2008 -22, G.B. Illinois 2? 6 MR. BAKER: So moved, Baker. 7 MR. HOLDIMAN: Second. 8 CHAIRMAN LUCIETTO: So now we are in 9 PC 2008 -22. Again, we are responding to a letter 07:OOPM 10 that was sent to us from the attorneys for this 11 project dated October 7th, 2008 that was addressed 12 to Travis. 13 MR. MILLER: They have requested to 14 continue this to November 12th, 2008. 07:01PM 15 CHAIRMAN LUCIETTO: I need to have a -- 16 we need to have a motion that includes continuing 17 it to that date. 18 MR. LINDBLOM: Don't we need to vote on 19 the motion to go to public hearing? 07:OiPM 20 CHAIRMAN LUCIETTO: I thought I did 21 that. Okay. All in favor of opening the public 22 hearing say aye? 23 (Chorus of ayes.) 24 CHAIRMAN LUCIETTO: Not in favor, nay? DepoCourt Reporting Service (630) 983 -0030 4 1 (No response.) 2 CHAIRMAN LUCIETTO: Based on the 3 discussion we just had regarding the letter from 4 the attorneys for the project, they ask that we 07:01PM 5 postpone the public hearing to the November 12th, 6 2008 plan commission meeting. Do I have a motion? 7 MR. CROUCH: Do you want a motion to 8 postpone or continue? 9 CHAIRMAN LUCIETTO: To continue. 07:01PM 10 MR. CROUCH: I move to continue the 11 hearing on PC 2008 -22 to November 12th, 2008. 12 CHAIRMAN LUCIETTO: Per the petitioner's 13 request. 14 MR. CROUCH: Yes. 07:01PM 15 MR. HOLDIMAN : So moved. 16 MR. BAKER: Second. 17 CHAIRMAN LUCIETTO: Do roll call on that 18 one, please. 19 MS. YOUNG: Kraupner? 07:02PM 20 MR. KRAUPNER: Yes. 21 MS. YOUNG: Adams? 22 MS. ADAMS: Yes. 23 MS. YOUNG: Baker? 24 MR. BAKER: Yes. DepoCourt Reporting Service (630) 983 -0030 5 1 MS. YOUNG: Lindblom? 2 MR. LINDBLOM: Yes. 3 MS. YOUNG: Holdiman? 4 MR. HOLDIMAN: Yes. 07:02PM 5 MS. YOUNG: Lucietto? 6 CHAIRMAN LUCIETTO: Yes. 7 PC 2008 -22 will be continued to the 8 November 12th meeting. Do we have a motion to 9 close the public hearing? 07 : 02PM 10 MR. CROUCH: I move to close t he public 11 hearing. 12 MR. LINDBLOM: Second. 13 CHAIRMAN LUCIETTO: That's it. 14 - - - 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 6 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF DU PAGE ) 3 I, Lynette J. Neal, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above - entitled cause and that the 7 foregoing Report of Proceedings, Pages 3 through 8 5, 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, 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 7 1 In testimony whereof, I have 2 hereunto set my hand this 13th day of October, 3 A.D., 2008. 4 5 6 Lynette J. Neal 7 CSR No. 084 - 004363 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030