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Plan Commission Minutes 2008 12-10-08 Page 1 of 4 APPROVED 1/14/09 UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY COUNCIL CHAMBERS Wednesday, December 10, 2008 7:00pm Chairman Anne Lucietto called the meeting to order at 7:02pm. Roll Call: Jeff Baker Clarence Holdiman Michael Crouch Charles Kraupner Sandra Adams Brian Schillinger Anne Lucietto Absent: Tom Lindblom, Jack Jones A quorum was established Other City Staff: Travis Miller, Community Development Director Stephanie Boettcher Guests: Daniel Laniosz, Thistle Stop Lisa Welz, Kendall County Record Bill Garrett Dan Nicholson Minutes: The minutes of November 12, 2008 were approved as read on a motion by Crouch and second by Holdiman. Approved unanimously on a voice vote. New Business: Requested by Petitioner 1. PC 2008 -28 Daniel A: Laniosz, petitioner, filed an application requesting an amendment to an annexation agreement. The property consists of 3.127 acres, located at 803 W. Stagecoach Trail, Yorkville. It was noted that the address in the petition is the business address for Mr. Laniosz. He said an amendment might not be needed because paragraph #10 of his Annexation Agreement allows for minor modifications. He stated that he wants a hoop greenhouse on the property. He had previously obtained a building permit for this structure and later reapplied for another permit because the structure is temporary. He was denied the permit. He said it is not a permanent structure because there are no utilities inside and the structure is covered by fabric. Travis Miller presented his staff report and said the property had been annexed in 2006 and included 2 parcels annexed at the same time. The 2 parcels are: Page 2 of 4 1. One is where business is located and was accompanied by site plan that was approved 2. The other 1.26 acre parcel owned by the petitioner is directly east of the first parcel and is zoned B -3. The seasonal permit was issued on this property, but has since expired. The petitioner was notified in October that the structure was in violation because the frame is still standing and Mr. Miller recommended to the petitioner that an amendment be requested. Miller's opinion is that the structure is not a minor structure, but instead a major change. He said the use of the 1.24 acres is beyond the approved original site plan and is not the original parcel identified on the site plan. Discussion Baker said he did not have any objection to this structure because it fits the zoning and the structure is temporary. He questioned why this matter was brought forward. Laniosz said the structure has been up for 1.5 years and a new permit was denied. The greenhouse framework was not taken down but the fabric was removed which he thought would be satisfactory. Miller said the permit is for 180 days only. Crouch asked if there was a problem with leaving the framework up year round and Miller replied it is a problem because it would then be a permanent structure. Laniosz said the piping sits on top of the ground and is not permanently anchored It was also noted that there was a complaint from a neighbor, Bill Barrett. Mr. Barrett said he had come before the Plan Commission 3 years earlier regarding the petitioner's property. Mr. Barrett lives next to the business and said the original agreement was that Mr. Laniosz would not develop the 1.24 acres next to Barrett's property and would buffer it. Barrett said he has no objections to the greenhouse, however, he objects to the development of the back half of the property because there is no buffering or screening. Miller said the original annexation agreement does not require buffering, but the petitioner has now constructed a 3 -foot berm. However, it was noted that the berm was constructed on the date of this meeting. There are also evergreen trees nearby for screening. Miller said he had reviewed the current landscape ordinance and he said the improvements on the property exceed the ordinance in terms of materials. He detailed the improvements made for the buffer between the business and residential use. Barrett suggested staggered trees as a buffer. He said originally there were about 15 trees that were about 30 years old that provided a buffer, but they were removed. Mr. Laniosz said he would be OK with trees and asked Mr. Barrett for direction in placement. Mr. Barrett said he had been told in the previous meeting that screening would be provided and it was only done the day before this meeting. Chairman Lucietto said the City would work with Mr. Laniosz to make a plan for the trees to provide screening. Travis added that a hand -drawn sketch would be acceptable for a permit and he will assist with the screening plan. Mr. Barrett said he agreed with Page 3 of 4 this. He added that in the future he might want screening in the back of his property in the event he builds an additional home there. Another issue is that Barrett's driveway runs through an easement on Laniosz' property. The Subdivision Control ordinance states that lots can be created as long as they have access to a public way according to Miller. Future plans for public roadways include a proposed extension of Beecher Road through Barrett's property. Baker suggested the issue of temporary greenhouses should be looked at in the future. Chairman Lucietto stated the recommendation is to follow up with staff per Travis' memo dated December 21. Travis then discussed possible future alignments under the Comp Plan showing the surrounding land use. He discussed the proposed Beecher extension and a trail alignment. Regarding the trail, staff recommends requiring the petitioner to contribute a 20 -foot wide easement to allow for trail construction. Mr. Laniosz objected to this requirement and stated he did not want the amendment and withdrew his request. After a brief consultation with Travis, the matter was tabled until the petitioner is ready to come back. Travis will notify Mr. Barrett that the matter was tabled. Old Business: 1. PC 2008 -25 City of Yorkville is considering amending Section 10 -11 -3A of the Zoning Ordinance to incorporate time limitations for parking certain types of vehicles within the business and manufacturing districts. Travis recapped the actions so far and said that after the Public Hearing last month, it was decided the amendment was too open -ended and he was asked to obtain more information. Discussion Property owner Dan Nicholson said that over time, ordinances such as this become abused and overused. He asked how a commercial vehicle that was used seasonally would be viewed under the new ordinance. If it is your own vehicle, it should be exempt he said. He felt that property owners should decide what is parked on their commercial property. A suggestion was made by Nicholson that businesses should be consulted prior to any action. Schillinger noted that Walmart has a policy that allows 24 -hour parking in their lots. On a personal level, he said he was told his boat was in violation in his own driveway even though it has license plates. Sandra Adams shared a situation that occurred on her street regarding parking of commercial vehicle for long periods of time. She felt that long -term parking decreased her property value. Junk cars with no plates were also parked in her area. It was Crouch's opinion that he could not support this ordinance. After discussion, Chairman Lucietto polled the commissioners regarding the amendment. It was decided they did not want to take action at this time. They will review it further Page 4 of 4 and make recommendations in January. If there is no progress, the Commissioners may elect to drop the matter. Travis said there are currently less than 6 such cases in the City. He added that the Mayor has given staff direction to do research on this topic. Additional Business: The January meeting will be held the 2" Wednesday of the month at the Library. The Kendall Planning Consortium was recently held with many people in attendance. Information is posted on the website. The next meeting will be January 22 at 7pm and 2009 topics will be decided. The zoning ordinance review has begun and will continue. In reference to the discussion about 24 -hour parking, Dan Nicholson, said drivers could park their vehicles on the median between the rail spur line and his property. There was no further business and the meeting was adjourned on a motion and second by Crouch and Baker respectively. Meeting adjourned at 8:25pm. Minutes respectfully submitted by Marlys Young, Minute Taker De . k United City of Yorkville s� 0' 800 Game Farm Road T. 1636 Yorkville, Illinois 60560 -4 Telephone: 630 -553 -4350 o� �� �S, � Fax: 630 - 553 -7575 �- � -B� PLEASE SIGN IN MEETING: DATE: NAME COMPANY PHONE NUMBER , A LAti14Z� �i��Y� -r.,k - '��h�Or I r zz