Plan Commission Minutes 2008 08-13-08 APPROVED 10/8/08
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UNITED CITY OF YORKVILLE
PLAN COMMISSION
YORKVILLE CITY COUNCIL CHAMBERS
Wednesday, August 13, 2008 7:00pm
Chairman Anne Lucietto called the meeting to order at 7:02pm.
Roll Call:
Charles Kraupner Brian Schillinger
Jeff Baker Tom Lindblom
Clarence Holdiman Michael Crouch
Anne Lucietto
Absent: Jack Jones, Sandra Adams
A quorum was established.
Other Citv Staff:
Travis Miller, Community Development Director
Charlie Wunder, Senior Planner
Guests:
Matt Schury, Kendall County Record
Lynette Neal, Depo Court
Patrick Kinnally, Attorney
Minutes:
Chairman Lucietto said that an audience member giving testimony at the Public Hearing
at the June meeting regarding the proposed gas station at Rt. 34 and Cannonball,
commented that a [gas] tank could leak. The lady who was testifying, initially said the
tanks would not leak, but actually agreed with the possible leakage comment, in a non-
verbal way. This non - verbal motion would not have been represented in the court
reporter's transcripts and Crouch said it should not be included in the Public Hearing
transcripts. Chairman Lucietto asked that this summary of the events be made a part of
these meeting minutes.
The minutes of June 11, 2008 were approved as read on a motion by Lindblom and
second by Baker. Motion approved on a voice vote.
On a motion by Crouch and second by Schillinger, the July 9 2008 minutes were
approved unanimously. Approved on a voice vote.
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Public Hearings:
1. PC 2008 -18 Richard Marker Associates filed an application with the City
requesting a special use from B -3 Service Business District to Special Use for
a drive - though. The 5.131 -acre property is located at 728 E. Veterans
Parkway.
A motion was made and seconded by Crouch and Baker, respectively, to open the Public
Hearing. Approved on a voice vote.
This application will be continued to the September 10 Plan Commission meeting due to
an error in the published notice. Lindblom moved and Holdiman seconded to continue
this case.
Roll call vote: Schillinger -aye; Baker -aye; Lindblom -aye; Holdiman-aye; Crouch -aye;
Kraupner -aye, Lucietto -aye. Motion passed unanimously.
Chairman Lucietto then swore in Attorney Patrick Kinally who would speak regarding
the next request.
2. PC 2008 -16 Bruce Devick and Denise Larson, filed an application requesting
annexation and zoning from A -1 Agricultural to R -1 Residential. The
property consists of 160 acres and is located at 12991 Walker Road.
Chairman Lucietto entertained a motion to open this Public Hearing. Schillinger so
moved and Holdiman seconded with the motion passing unanimously on a voice vote.
Attorney Patrick Kinnally said there are no plans to develop the property at this time,
though the petitioners would like to be annexed. They plan to farm it for 15 -20 years and
are hoping to not have their taxes raised during that time..
(See Court Reporter's Transcripts)
A motion was then made by Lindblom to close the Hearing and it was seconded by
Crouch. Passed unanimously on a voice vote.
Discussion:
Travis Miller presented the staff report and stated that the Comprehensive Plan calls for
estate or agricultural zoning. He noted that during an annexation process, the zoning
automatically defaults to R -1, however, staff recommended agricultural. Surrounding
land is zoned estate and if this property develops, it will require rezoning. It was noted
that even with an agricultural zoning, library and municipal taxes for City services would
be required after annexation and would change from County to City.
Action Items:
i. Annexation
A motion was made by Lindblom and seconded by Crouch to recommend annexation as
requested.
Roll call vote: Schillinger -aye; Baker -aye; Lindblom -aye; Holdiman-aye; Crouch -aye;
Kraupner -aye; Lucietto -aye. Passed unanimously.
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ii. Zoning
Lindblom moved and Holdiman seconded to recommend R -1 zoning with the
understanding that Agricultural zoning will have a lesser impact.
There was brief discussion regarding the motion and then a roll call vote was taken:
Baker -nay; Lindblom -aye; Holdiman-aye; Crouch -nay; Kraupner -nay; Schillinger -nay;
Lucietto -nay. Motion failed.
Crouch then made a motion to approve R -1 residential zoning. Schillinger seconded.
Roll call vote: Lindblom -aye; Holdiman-aye; Crouch -aye; Kraupner -nay; Schillinger-
nay; Baker -nay; Lucietto -nay. Motion failed.
There was additional discussion of the vote and it was recognized that the petitioner is
seeking ag zoning. Chairman Lucietto summarized the reason for the outcome of the
motions and votes and said the results will allow the petition to move forward to City
Council with a Plan Commission recommendation of agricultural zoning.
New Business:
1) Revision of the Zoning Ordinance
The Zoning Ordinance has not been amended since 1973. Mr. Wunder said this
ordinance is a tool to help implement the Comprehensive Plan and it is hoped this
revision will make it more user - friendly for the staff.
He said there were 4 phases to this revision:
1. Assessment
2. Strategic /decision making
3. Draft new ordinance
4. Adoption process
He hopes to set up a steering committee and requested authorization to begin the process.
The Commissioners agreed with the need for this update.
The list of possible committee members was discussed with the following comments:
1. Heavy input from staff was recommended
2. Developers on committee should live within City and/or planning area, with 1
each, representing commercial /residential & industrial /commercial
3. 10 -15 committee members would be appropriate, 10 possibly more efficient
4. Homeowner association representation could provide possible insight into setback
issues
A revised list of potential committee members will be brought to the next meeting.
Additional Business:
Lindblom recalled that at the July meeting, this group voted down plans for a gas station
at the corner of Rt. 34 and Cannonball due to concerns for possible leakage into wells and
also for 24 hour -a -day lights and increased traffic. At a later date, the Council voted
almost unanimously to approve this development.
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Because of this disparity in the voting, Lindblom made a motion that the Chairman
should request an explanation from City Council. Schillinger added that he would like to
see a comment from each individual because he felt the citizens and Plan Commission
deserve an explanation. It was felt that the issues raised by the Plan Commission and
nearby residents were ignored.
Chairman Lucietto noted that the original PUD for this property was worked on by the
Plan Commission many years ago and was agreeable at that time. Then it was changed
when the property was purchased.
The original motion by Lindblom was amended by Schillinger with the addition of a
request for individual statements as to the reason for the Council votes. Baker seconded
the amendment.
A roll call vote was taken adding the amendment to the original motion:
Lindblom -nay; Holdiman-aye; Crouch -aye; Kraupner -aye; Schillinger -aye; Baker -aye;
Lucietto -aye. Motion passed.
Another roll call vote was then taken (as a result of the amended motion passing), to
request individual comments from Council members regarding the reason for their vote:
Holdiman-aye; Crouch -aye, Kraupner -aye; Schillinger -aye; Baker -aye; Lindblom -aye;
Lucietto -aye. Passed unanimously.
It was decided that Chairman Lucietto will draft a letter to the Council.
In other business, Travis gave a further update of the Comp Plan and said that the
Economic Development Committee had tabled the Plan until September so that staff
could review the recent City of Joliet annexations. The City will be contacting area
landowners to inquire about their interest in annexing to Yorkville in the future.
In addition, EDC asked City staff to take a closer look at the proposed Metra station
location. The thought is that it should be located closer to highly populated areas. A
report will be drafted by staff for the EDC.
The next step in approving the Comp Plan would be to schedule a Public Hearing, notices
must be sent and the Hearing would be scheduled for the 5 th Tuesday of September.
Travis also noted a story that will appear in the Chicago Tribune focusing on the fact that
Kendall County is the 2 nd fastest growing county in the U.S.
The cone t plan for the former Countryside Center was approved by the City Council on
August 12' according to Miller. By March 2010, the developer must have all approvals
in place and rezoning will be needed.
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There will be 60,000 square feet of occupied space. No specific uses have been
identified yet, however, it is likely there will be one large store with high -end, restaurants
and specialty stores.
Improvements to Rt. 47 will be completed by next year, which is part of the developer's
agreement. Bond proceeds will go toward the improvements and the permits will be
approved soon. Concept PUD zoning will be coming to the Plan Commission.
Crouch asked about the proposed Tuscan Plaza in the downtown, which is now a hole in
the ground with no development. Travis said the weeds are to be cut immediately and the
hole filled. No date was given for that.
There was no further business and Schillinger moved that the meeting be adjourned.
Skinner seconded the motion and the meeting was adjourned on a unanimous voice vote
at 8:1Opm.
Minutes by Marlys Young,
Minute Taker
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UNITED CITY OF YORKVILLE, ILLINOIS
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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 August 13,
2008, at the hour of 7:00 p.m., before Lynette J.
Neal, C.S.R., at Yorkville City Hall, Yorkville,
Illinois.
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D- 853708
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
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1 PRESENT:
2 MS. ANNE LUCIETTO, Chairman,
3 MR. JEFF BAKER,
4 MR. MICHAEL CROUCH,
5 MR. BRIAN SCHILLINGER,
6 MR. TOM LINDBLOM,
7 MR. TRAVIS MILLER,
8 MR. CLARENCE HOLDIMAN,
9 MR. CHARLES KRAUPNER,
10 MS. MARLYS YOUNG.
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DepoCourt Reporting Service (630) 983 -0030
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1 (Whereupon a portion of the
2 hearing was had but was not
3 herein transcribed.)
4 CHAIRMAN LUCIETTO: Okay. I will
07:03PM 5 entertain a motion to open PC 2008 -18, Richard
6 Marker Associates.
7 MR. CROUCH: So moved.
8 MR. BAKER: Second.
9 CHAIRMAN LUCIETTO: All in favor say
07 : 04PM 10 aye?
11 (Chorus of ayes.)
12 CHAIRMAN LUCIETTO: Not in favor, nay?
13 (No response.)
14 CHAIRMAN LUCIETTO: Okay. Richard
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07:04PM 15 Marker has asked that we continue their petition
16 to the September 10th plan commission meeting.
17 Would you like to share about that?
18 MR. MILLER: It has to do with an error
19 in the notice that was -- that was published.
07:04PM 20 There wasn't time to republish it for tonight so
21 we continued it to September 10th.
22 MR. LINDBLOM: I move that we continue
23 it to the September 10th meeting.
24 CHAIRMAN LUCIETTO: Second?
DepoCourt Reporting Service (630) 983 -0030
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1 MR. HOLDIMAN: Second.
2 CHAIRMAN LUCIETTO: We will do a roll
3 call on that one.
4 MS. YOUNG: Schillinger?
07:04PM 5 MR. SCHILLINGER : Yes.
6 MS. YOUNG: Baker?
7 MR. BAKER: Yes.
8 MS. YOUNG: Lindblom?
9 MR. LINDBLOM: Yes.
07:04PM 10 MS. YOUNG: Holdiman?
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11 MR. HOLDIMAN: Yes.
12 MS. YOUNG: Crouch?
13 MR. CROUCH: Yes.
14 MS. YOUNG: Kraupner?
07:04PM 15 MR. KRAUPNER : Yes.
16 MS. YOUNG: Lucietto?
17 CHAIRMAN LUCIETTO: Yes.
18 Okay. PC 2008 dash 18 is continued
19 to the September 10th plan commission.
07:05PM 20 I entertain a motion to open
21 PC 2008 -16, Bruce Devick and Denice Larson
22 petitioners.
23 MR. SCHILLINGER: So moved.
24 MR. HOLDIMAN: Second.
DepoCourt Reporting Service (630) 983 -0030
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1 CHAIRMAN LUCIETTO: All in favor say
2 aye?
3 (Chorus of ayes.)
4 CHAIRMAN LUCIETTO: Not in favor, nay?
07:05PM 5 (No response.)
6 CHAIRMAN LUCIETTO: Okay. We are open.
7 MR. KINNALLY: I just came down here, we
8 talked to Travis about annexing this property, and
9 he sent us an agreement and my people have signed
07:05PM 10 it. They're farmers --
11 CHAIRMAN LUCIETTO: Could you please
12 tell her your name for the record.
13 MR. KINNALLY: My name is Pat Kinnally,
14 and I represent Bruce and Denice. And we came
07:05PM 15 down I think probably four or five months ago and
16 talked to Travis that we wanted to annex the
17 property into the City. We don't have any plans
18 to develop it. My people are farming it and we
19 told Travis we are going to continue to farm it
07:06PM 20 for the next 15 or 20 years, as long as we are
21 able to do that, unless somebody comes along and
22 offers them, you know, a bunch of money, I
23 suppose, for it. But we don't have any intention
24 to develop it and we -- I met with Travis a few
DepoCourt Reporting Service (630) 983 -0030
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1 times and he sent me this annexation agreement and
2 we went back and forth on it. We published the
3 notices that we are supposed to publish. I gave
4 that to Travis tonight and the agreement that he
07:06PM 5 sent to us, my people have signed. It has kind of
6 got some of these red line things in it but we
7 signed it. And the only thing we want to make
8 sure is their taxes don't go up so we can continue
9 to farm as long as we can farm. That's really
07:06PM 10 what's going on, so - -
11 CHAIRMAN LUCIETTO: Do you have
12 anything? Okay. Motion to close the public
13 hearing.
14 MR. CROUCH: Second.
07:07PM 15 CHAIRMAN LUCIETTO: All in favor say
16 aye?
17 (Chorus of ayes.)
18 CHAIRMAN LUCIETTO: Not it favor, nay?
19 (No response.)
07: 07PM 20 CHAIRMAN LUCIETTO: Okay. Public
21 hearing is closed.
22 (Whereupon a portion of the
23 hearing was had but was not
24 herein transcribed.)
DepoCourt Reporting Service (630) 983 -0030
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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 6, 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.
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DepoCourt Reporting Service (630) 983 -0030
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1 In testimony whereof, I have
2 hereunto set my hand this 8th day of September,
3 A.D., 2008.
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5 / / �� 4
6 Lynette J. Neal
7 CSR No. 084 - 004363
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DepoCourt Reporting Service (630) 983 -0030
United City of Yorkville
800 Game Farm Road
T _ 1836 Yorkville, Illinois 60560
-4 `` Telephone: 630 -553 -4350
® Fax: 630 -553 -7575
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