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Plan Commission Minutes 2008 08-13-08 APPROVED 10/8/08 Page 1 of 5 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. Page 2 of 5 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. Page 3 of 5 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. Page 4 of 5 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. Page 5 of 5 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 I I UNITED CITY OF YORKVILLE, ILLINOIS i i 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. I 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 2 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. 11 - - - 12 13 14 I 15 I 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 3 I 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 I 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 4 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? I 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 5 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 6 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 7 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. 22 23 24 DepoCourt Reporting Service (630) 983 -0030 8 1 In testimony whereof, I have 2 hereunto set my hand this 8th day of September, 3 A.D., 2008. 4 5 / / �� 4 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 United City of Yorkville 800 Game Farm Road T _ 1836 Yorkville, Illinois 60560 -4 `` Telephone: 630 -553 -4350 ® Fax: 630 -553 -7575 CIEE PLEASE SIGN IN MEETING: F - e,:. t-) C am, rnr�S)y -n DATE: NAME COMPANY PHONE NUMBER