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:
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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
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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
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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
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