Plan Commission Minutes 2007 07-11-07 Page 1 of 7 APPROVED 8/8/07
UNITED CITY OF YORKVILLE
PLAN COMMISSION
YORKVILLE CITY COUNCIL CHAMBERS
Wednesday, July 11, 2007 7:00pm
Chairman Anne Lucietto called the meeting to order at 7:00pm.
Prior to roll call the Chairman introduced new Board Member John Hegeler.
ROLL CALL:
Members present: Anne Lucietto, John Hegeler, Tom Lindblom, Charles Kraupner,
Clarence Holdiman, Jeff Baker.
A quorum was established.
CITY STAFF AND VISITORS:
Mayor Valerie Burd, Community Development Director Travis Miller, Interim City
Administrator Bart Olson, Alderman Gary Golinski, Economic Development Director
Lynn Dubajic, Attorney Dan Kramer, Court Reporter Christine Vitosh, Kendall County
Record Reporter Matt Schury, E. Fokfoki, Schoppe Design; Wayne Cruise; Attorney
Gregg Ingemunson, Vince Rosanova of DBCW Ltd.; Mark Baum of RC Wegman
Construction; Mr. & Mrs. Tom Hatcher
MINUTES:
The minutes of the June 13, 2007 meeting were approved on a motion by Kraupner and
Baker. Roll call was taken and approval was unanimous.
Chairman Lucietto conducted a swearing -in of those persons who would speak during the
Public Hearings. She said that a request had been made to switch the order of the first
and second Public Hearings. This action was approved with a unanimous roll call vote.
A motion was made by Baker and seconded by Kraupner to enter into Public Hearing.
Approval unanimous.
PUBLIC HEARINGS:
Public Hearing #2 (out of sequence)
PC 2007 -19 - Charles & Jacquelyn Briguglio filed an application to request annexation to
the United City of Yorkville and zoning of R -1. The property consists of 1.1 acres and is
located at 10940 River Road. Attorney Dan Kramer gave an overview of the request.
(See court reporter's transcript.)
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The Public Hearing was closed on a motion by Holdiman and Kraupner. Approved
unanimously on a roll call vote: Lucietto -aye; Holdiman-aye; Kraupner -aye; Hegeler-
aye; Baker -aye; Lindblom -aye.
Attorney Kramer commented that there would be no forced annexations of nearby
residences. It was noted that the property is contiguous to the City.
Action Items
i. Annexation
Travis Miller clarified that when a property is annexed into the City, it is automatically
zoned R -1. Staff recommended this annexation and a permanent easement will be
conveyed to the City. In addition, there will be a temporary construction easement.
Holdiman made a motion to annex this property and Baker seconded. It was approved
unanimously on a roll vote: Lucietto -aye; Holdiman-aye; Kraupner -aye; Hegeler -aye;
Baker -aye; Lindblom -aye.
Public Hearine #1 (out of sequence)
PC 2007 -26, Sexton Development filed an application requesting annexation, zoning to
Planned Unit Development and Concept PUD plan. The property consists of 272.186
acres and is located on the north side of Rt. 34, east of Eldamain Road and west of
Cannonball Trail.
Kraupner and Holdiman moved and seconded respectively, to open Public Hearing #1.
This motion passed unanimously on a voice vote. Drew Daniels was present on behalf of
his family and Sexton Development and he gave a presentation of the proposed
development.
(See court reporter's transcript.)
The Public Hearing was closed on a motion by Lindblom and second by Kraupner. It
passed unanimously on a voice vote.
Discussion Reaardin2 Annexation
On a suggestion by Mr. Lindblom, the committee discussed the annexation aspect first.
The development will have an SSA with a package of sales tax incentives similar to that
of Kendall Marketplace. When asked about a timetable for the project, Mr. Daniels said
his company hopes to partner with Bradford Company and they will begin mass grading
as soon as possible. The project depends on the market at the time, but Daniels said the
proposed senior development is 6 -7 years in the future.
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Mr. Lindblom asked about the two proposed emergency exits and how that would be
possible if Mr. Daniels' company does not own the adjoining property. Daniels is
talking with Cobblestone Homes to gain access behind a commercial area.
The majority of the property (95 %) is in Plano School District with a small portion in
Yorkville. A fiscal impact study for the schools will be done.
Many improvements are planned for Rt. 34 and Beecher Road. A new road will connect
Rob Roy Falls and Kendall Marketplace in order to avoid getting onto Rte. 34. A 5 -lane
cross - section will be built from Cannonball Trail to Beecher and the entrances between
Rob Roy Falls and Kendall Marketplace will align as they cross Beecher. It was also
noted that Beecher Road will continue south past the Rush Copley building.
Mr. Miller stated that the SSA is the funding mechanism and the City will use that money
to fund the Beecher Road improvements. Over a 20 -year period, taxes will be rebated to
the party that constructed the road and thereby eliminates the use of City funds. Mr.
Baker commented that the developer should always fund the building of the roads when
they bring in developments.
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Action Item:
i. Annexation
Chairman Lucietto entertained a motion to approve annexation for the Sexton
Development. Baker moved and Lindblom seconded the motion to approve this
annexation. A roll call vote was taken and the motion passed unanimously: Holdiman-
aye; Kraupner -aye; Hegeler -aye; Baker -aye; Lucietto -aye; Lindblom -aye.
The zoning request from the petitioner is a PUD. On a motion by Lindblom and second
by Holdiman, the zoning was approved. Roll call: Kraupner -aye; Hegeler -aye; Baker -
aye; Lucietto -aye; Holdiman-aye; Lindblom -aye. Motion passed unanimously.
Concept PUD Discussion
Baker suggested the parking spots should be at 45 °. Chairman Lucietto summarized the
areas being looked at: emergency access and density. She asked Travis Miller to present
the City comments. He said the City reviewed the Comprehensive Plan and looked at the
locations of the entrances as well as the outlots and the ability to buffer them. The staff
recommended approval. Beecher Road is consistent with the Comp Plan.
Miller also commented on the two residential areas and noted the following
• 1.5 — 2 units per quarter acre.
• Senior community should be age- targeted rather than age - restricted
• Architectural details should be identified and should include significant features
that exceed City standards
• Masonry is expected
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• Recommended minimum 50% open space
• Alignment of entrances should be discussed with adjacent property owners
A representative of Bradford Company was present and said there are 50 similar projects
in the Chicago area at this time and said there is national interest for big box stores for
this area. He expects a good mixed use and said that all are dependent on the economy.
Action Item:
ii. Concept PUD
A motion was made by Kraupner to approve the concept PUD and that motion was
seconded by Lindblom. A roll call vote was taken as follows: Kraupner -aye;
Hegeler -aye; Baker -aye; Lucietto -aye; Holdiman -aye; Lindblom -aye. Motion passed
unanimously.
Public HearinE #3
PC 2007 -22, B & P Properties filed an application requesting rezoning from M -1
(Limited Manufacturing) to R -3 (General Resident District). The property consists of
14.325 acres and is located south of Corneils Road and west of Caledonia Drive.
Attorney Dan Kramer represented the petitioner
Kraupner and Holdiman moved and seconded, respectively, to open this Public Hearing.
On a voice vote, this motion passed unanimously.
See court reporter's transcript.
It was moved by Lindblom and seconded by Hegeler to end the Public Hearing. This
motion passed unanimously by voice vote.
Chairman Lucietto asked if the petitioner would need an amendment to the Annexation
Agreement to reflect the R -3 zoning for the PUD. This will be needed. Lindblom
pointed out that with very little activity in the proposed Westbury development, it leaves
a potential for 48 families to be unable to get in or out. Travis Miller added the staff
comments and said that legally the City cannot start the zoning change without an
agreement.
Action Item:
i. Rezoning
A motion was made by Lindblom and seconded by Holdiman as follows: for PC 2007-
22— add amendment to Annexation Agreement to reflect R -3 zoning PUD with land use
consistent with concept plan submitted. A roll call vote was taken as follows: Hegeler-
aye; Lucietto -aye; Baker -aye; Holdiman-aye; Kraupner -aye; Lindblom -aye.
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Public Hearins #4
PC 2007 -24, Don Kalant, petitioner, filed an application requesting rezoning from R -2,
(One - Family Residence District) to B -2 (General Business District). The property
consists of 0.3 acres and is located at 101 W. Center Street. Attorney Gregg Ingemunson
was present on behalf of the petitioner.
Baker moved and Hegeler seconded the motion to open the Public Hearing. A voice vote
unanimously approved the motion.
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See court reporter's transcript.
A motion was made by Holdiman and seconded by Hegeler to close the Public Hearing.
Approved unanimously on voice vote.
Baker commented that he felt all houses along this area would follow this trend. Mr.
Miller also presented staff comments and encouraged adaptive re -use of properties such
as this. This use also conforms to the Comprehensive Plan. He commented on the
signage and also asked the petitioner to draft an agreement with the City.
Action Item
i. Rezoning
A motion was made by Holdiman and seconded by Hegeler to accept PC 2007 -24 with
staff comments and consideration for zoning. A roll call vote was taken as follows:
Lucietto- abstain; Holdiman-aye; Kraupner -aye; Lindblom -aye; Baker -aye; Hegeler -aye.
Motion passed.
New Business:
1. PC 2007 -15 Grande Reserve Unit 28
Vince Rosanova of Dommermuth, Brestal, Cobine, West was present on behalf of
Pasquinelli Homes and he gave an overview of Grande Reserve Neighborhood #4. It is
25 acres bounded by Mill Road on the north and ComEd and the tracks on the south.
In 2003, the property was envisioned as multi - family with 300 units. The developer is
now working with the City on a preliminary plan for condos and with David Mogle on an
8.8 -acre park. The development will feature a public path, gazebo, clubhouse and fitness
room. There are 2.44 parking spots for each unit with an individual garage for each unit
with interior access. The roads in the development will be private.
Lindblom asked Miller to explain the difference between apartment and condo. Miller
replied it is rental vs. ownership. Miller presented staff comments and pointed out some
inconsistencies since the neighborhood was originally approved for apartments. He said
condos could conceivably become rental units.
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An EEI representative briefly commented on the plan. It was noted there are 14 units per
building and that is consistent with the density allowed.
There was no further discussion and a motion was made by Lindblom and seconded by
Holdiman to accept the Preliminary Plan. Roll call vote was taken as follows: Hegeler-
aye; Baker -aye; Lindblom -aye; Kraupner -aye; Holdiman-aye; Lucietto -aye.
Additional Business:
Chairman Lucietto asked the Commission members to fill out a survey stating their
preference of receiving Plan Commission minutes and materials for meetings as follows:
1) on a CD, 2) on paper, 3) download from City website. There was a brief discussion
regarding the preferred methods.
In another matter, Ms. Lucietto stated that in the meeting packets, she had included a
letter that was sent to all Plan Commission members in Kendall County. The intent of
the letter was to invite all members to a joint meeting and determine the issues of the
County. Mayors were invited as well and letters were sent to 12 cities. She asked all to
bring their Comprehensive Plans to develop a list of the most pressing issues. That list
will be voted on informally. Then another meeting will be held in two months to discuss
expectations and get to know one another. An example of discussion might be open
space. An informational letter was also sent to surrounding County Board Chairmen.
Lucietto said the letters had generated a great amount of interest. -
Lynn Dubajic was asked to comment on businesses that will be opening in Yorkville.
She said that Dick's Sporting Goods, Kay Jewelers, Marshalls, Famous Footwear, Ulta
Bath & Body Works and Dress Barn will be coming to Kendall Marketplace. She added
that there is no more room there for big box type stores. Kohl's will be opening in
September with Target and Home Depot also coming soon. When asked about the
former Countryside Shopping Center, Ms. Dubajic said the developers are attempting to
find a plan. Office Max will be opening by Jewel and Chase Bank is building on the old
Mobil site.
Travis Miller discussed the framework for reviewing the Comprehensive Plan and said a
steering committee will be formed. He talked about what the makeup of the group should
be and what guidelines to use for choosing those persons. Some of the comments made
were:
• Should have a cross - section of 25 -30 citizens /people
• Demographics and geographic areas should be taken into consideration when
choosing members
• Include teachers, however, some might not live in Yorkville
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• Include older population
• Do not include county officials, but should have representation from various
groups, need diversity
• Committee members must be committed to project
• Time of year is important (September to November), after school is in session, but
not during bad weather months
• Meetings in evening, choose days of meetings —then determine who can attend on
those days, City calendar will be considered
• Submit names of possible committee members to Mr. Miller to formulate list of
individuals by August, first meeting in September
• Require member to be resident ? ??
• If person has vested interest in community, allow to be considered for committee
There was no further business and a motion was made by Baker and seconded by Hegeler
to adjourn the meeting. Approved unanimously on voice vote. Meeting adjourned at
9:04pm.
Minutes by Marlys Young
Minute Taker
PLAN COMMISSION MEETING
UNITED CITY OF YORKVILLE, ILLINOIS
REPORT OF PROCEEDINGS had at the meeting
of the above - entitled matter taken before
CHRISTINE M. VITOSH, C.S.R., on July 11, 2007, at
the hour of 7:00 p.m., at 800 Game Farm Road, in
the City of Yorkville, Illinois.
REPO • COURT
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reporting service
1212 South Naper Boulevard Suite 119 -185 • Naperville, IL 60540 • 630 - 983 -0030 • Fax 630 - 299 -5153
www.depocourt.com
2
1 P R E S E N T:
2 MS. ANNE LUCIETTO, Chairman;
3 MR. CLARENCE HOLDIMAN;
4 MR. TOM LINDBLOM;
5 MR. CHARLES KRAUPNER;
6 MR. JEFF BAKER;
7 MR. JOHN HEGELER;
8 MR. TRAVIS MILLER;
9 MS. MARLYS YOUNG.
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12 - - - - -
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17
18
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1 (Witnesses sworn)
2 CHAIRMAN LUCIETTO: We have a number
3 of public hearings this evening; actually, four
4 by my count. I know a number of you are going to
5 want to speak at them. I'm going to -- There are
6 some people coming in that I think are going
7 to -- I'm going to have to swear you guys in. If
8 you're going to speak, I'm going to need you to
9 do this. If you'll stand, please, and raise your
10 right hand and repeat after me.
11 (Witnesses sworn)
12 CHAIRMAN LUCIETTO: I've been
13 requested to switch the first and the second
14 petitioners this evening due to the first ones
15 just arriving. Apparently they ran into some
16 traffic. So before we open the public hearing,
17 do we have any admonition to that group?
18 (No Response)
19 CHAIRMAN LUCIETTO: I'd like to go
20 with that, please, if that's okay, to flip the
21 two. Roll call, please.
22 MS. YOUNG: Lindblom.
23 MR. LINDBLOM: Yes.
24 MS. YOUNG: Baker.
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1 MR. BAKER: Yes.
2 MS. YOUNG: Hegeler.
3 MR. HEGELER: Yes.
4 MS. YOUNG: Kraupner.
5 MR. KRAUPNER: Yes.
6 MS. YOUNG: Holdiman.
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7 MR. HOLDIMAN: Yes.
8 MS. YOUNG: Lucietto.
9 CHAIRMAN LUCIETTO: Yes. Okay. So
10 that, we will entertain a motion to open the
11 public hearings for PC 2007 -19.
12 MR. BAKER: So moved, Baker.
13 MR. HOLDIMAN: Second.
14 CHAIRMAN LUCIETTO: Okay.
15 Petitioners here?
16 WHEREUPON:
17 DANIEL J. KRAMER,
18 having been first duly sworn, testified before
19 the Yorkville Plan Commission as follows:
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20 MR. KRAMER: I am. For the record,
21 my name is Daniel J. Kramer. I am an attorney
22 licensed to practice law in the State of
23 Illinois. My address is 1107A South Bridge
24 Street, Yorkville, Illinois, and I represent the
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1 petitioners in this matter.
2 This one is a fairly
3 straightforward petition. There is some old
4 county lots, Meyers' subdivision, that are
5 contiguous to the existing City limits of the
6 United City of Yorkville across the river; in
7 other words, under the statute you are permitted
8 to pretend the river doesn't exist, so they would
9 back up and touch the City that way.
10 They're asking -- It's a newer
11 home they built on this particular property and
12 they are asking to come into the City as R -1
13 zoning. The lot is 1.1 acres; it's well in
14 excess for our minimum square footage for an R
15 residence, and that's about all there is to it.
16 We've gone through Planning
17 Council, I believe they have given us a positive
18 recommendation as far as the annexation, and we
19 are working on seeing if we could do an easement
20 that would allow them potential drainage for
21 future use for City purposes to get down to the
22 river along the border of the property.
23 So we're asking for a positive
24 recommendation to the City Council, just a
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1 straight R -1 restrictive annexation, no
2 variances, and we'll be happy to take any
3 questions from the audience or the Plan
4 Commission.
5 CHAIRMAN LUCIETTO: Are there any
6 comments, questions?
7 (No Response)
8 CHAIRMAN LUCIETTO: Okay. So this j
9 is for annexation and zoning?
10 MR. KRAMER: Yes.
11 CHAIRMAN LUCIETTO: Since there are
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12 no comments from the public, I would entertain a
13 motion to close the public hearing so that the
14 Planning Commission can ask questions and move
15 forward with their business.
16 MR. HOLDIMAN: So moved.
17 MR. KRAUPNER: Second.
18 CHAIRMAN LUCIETTO: Okay. Thank
19 you.
20 MS. YOUNG: Lucietto.
21 CHAIRMAN LUCIETTO: Yes.
22 MS. YOUNG: Holdiman.
23 MR. HOLDIMAN: Yes.
24 MS. YOUNG: Crouch. I'm sorry.
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1 Kraupner.
2 MR. KRAUPNER: Yes.
3 MS. YOUNG: Hegeler.
4 MR. HEGELER: Yes.
5 MS. YOUNG: Baker.
6 MR. BAKER: Yes.
7 MS. YOUNG: And Lindblom.
8 MR. LINDBLOM: Yes.
9 CHAIRMAN LUCIETTO: Okay. Now,
10 again, as we did in the last meeting -- I know,
11 Jeff, you weren't here, John, you were, we'll go
12 through everybody and then we can do any comments
13 that maybe we didn't address the first time
14 through.
15 (discussion had off
16 the record)
17 CHAIRMAN LUCIETTO: Now, back to the
18 public hearing for PC 2007 -26, Sexton
19 Development. Do I have a motion to open the
20 public hearing for that?
21 MR. HOLDIMAN: So moved.
22 MR. LINDBLOM: Second.
23 CHAIRMAN LUCIETTO: Roll call,
24 please. Those in favor say aye.
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1 (A Chorus of Ayes)
2 CHAIRMAN LUCIETTO: Not in favor?
3 (No Response)
4 CHAIRMAN LUCIETTO: Okay. Hello.
5 WHEREUPON:
6 DREW DANIELS,
7 having been first duly sworn, testified before
8 the Yorkville Plan Commission as follows:
9 MR. DANIELS: Good evening. While
10 they are working on the boards, I'll go ahead and
11 get started. Okay.
12 Good evening, everyone. My
13 name is Drew Daniels. I am here on behalf of my
14 family and Sexton Development for the piece of
15 property that we would like to call Rob Roy
16 Falls, and what we're here for tonight is for the
17 beginning of the PUD annexation of the property.
18 I'd like to first start by
19 getting into some of the characteristics of the
20 property. The property borders the north side of
21 Route 34. It is adjacent to the Beecher Road
22 extension, which is being built right now, which
23 borders the line of Kendall Marketplace, we are
24 just east of Eldamain Road, and currently right
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1 now we are plus or minus 272 acres. We are
2 currently zoned agricultural, and we have owned
3 the property for a little over 30 years. We've
4 had a great farmer on the property taking care of
5 it, and we do have the Rob Roy Creek which runs
6 north /south through the property, and those are
7 basically all the characteristics to start with
8 with the site.
9 What we are proposing tonight
10 is to look at a concept PUD plan for essentially
11 three components on the piece of property. The
12 first and largest component is the commercial
13 aspect, which is plus or minus 125 acres, which
14 has a plus or minus square footage count of about
15 a million square feet of commercial.
16 Now, a majority of this, about
17 4,000 square -- linear feet of this will run
18 along Route 34, while about a thousand plus or
19 minus square feet will run along Beecher Road.
20 The commercial will have
21 everything from big box stores to the
22 smaller -type boutique stores, which would be a
23 lifestyle feature.
24 You can notice -- I don't
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1 know -- Actually you might notice that in this
2 particular drawing, closer along Route 34 would
3 be our lifestyle feature with the large boxes up
4 above.
5 Obviously we have a number of
6 outlots which could be used for many, many
7 different things, and that basically entails the
8 entire commercial, it does go west of the creek
9 and it goes -- well, basically the entire length
10 of the property.
11 Our second component is a
12 senior development, which is west of the creek
13 and directly north of the commercial. Now, this
14 senior development is plus or minus 75 acres, and
15 it's an age targeted and lifestyle apartment
16 living.
17 Basically the site will be
18 comprised of single family homes, duplex units
19 and multi unit complexes. Some of the developers
20 we have been talking to in order -- that will end
21 up building this have been building two -story
22 senior housing like in the Lake County area and
23 North Shore, so I can't promise they're going to
24 be ranch style, but I can promise that we are
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1 aiming for bedrooms on the first floor, and they
2 are more orientated for -- well, they're not as
3 orientated for family living, so -- Let's see
4 here.
5 In that development there will
6 be private roads and private parks, no public
7 roads whatsoever, and more towards the south --
8 it's kind of tough to see -- but it's a green
9 building, that would be the clubhouse for the
�
10 residents of that area.
11 Moving over to the third
12 component, we've got the Rob Roy Club, okay?
13 That is plus or minus 70 acres, and that will
14 consist of single family clusters, duplexes,
15 townhouses and mid -rise dwellings. That, too,
16 has private roads and private parks. And I'd
17 like to read actually a little excerpt of what
18 entails the Rob Roy Club, which is a new and
19 unique concept for the Chicago area.
20 It is the combination of a
21 potentially gated community, a private country
22 club, excluding the golf course, and an entry fee
23 community, such as those done for senior housing.
24 This development, however, is not age restricted
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1 or targeted. It is planned to appeal to active
2 young adults and empty nesters. The club
3 facilities would include clubhouse with dining
4 facilities, meeting rooms, health club
5 facilities, swimming pool, tennis, and all
6 purpose courts with the possibility of a usable
7 lake for fishing, swimming and water ski
8 activities.
9 I can actually get into that a
10 little bit later, but members would pay an entry
11 and initiation fee which would vary based on the
12 size of the dwelling they choose. They would
13 then pass assessments adjusted annually to cover
14 the remaining costs of development, management,
15 maintenance, operations, access, and reserve for
16 replacements.
17 Members can remain in their
18 units, swap for other units as they are
19 changed -- as their needs change, and the units
20 of other desired size and type become available.
21 Housing choices will include
22 single family detached housing and units in three
23 and four -story elevated buildings with enclosed
24 parking.
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1 When a member elects to move
2 out of the development, upon proper prior notice,
3 he or she is eligible for a return of 75 to 100
4 percent of their entry fee, which is an amount to
5 be determined later, be returned upon occupancy
6 by a new member. This is essentially what
7 entails the Rob Roy Club.
8 Now, your City zoning ordinance
9 calls for finance, and that's something I would
10 like to go over right now, and I'm going to do a
11 brief outline of the findings and I'm going to
12 pass this out at the end, which is a more
13 comprehensive detailed breakdown of what I'm
14 going to go over, but the first is the
15 compatibility of the site.
16 The current comp plan actually
17 shows residential between Rob Roy Creek and the
18 proposed and /or up and coming Beecher Road. I
19 think it's clear to say that with the development
20 that's going to be going on further west with the
21 Cobblestone property and what's going on with the
22 Kendall Marketplace, it would make sense to
23 continue the commercial along Route 34 to about
24 the height of where the detention lake starts at
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1 the top.
2 But other than that, the rest
3 of the property is actually still in the comp
4 plan, where residential is shown residential, it
5 will remain, and commercial will still remain
6 commercial as on the comp plan.
7 The second one is
8 appropriateness of land use, and realistically,
9 this is the last large parcel on Route 34.
10 What's really important is, I mean, we are almost
11 smack dab in the middle between Route 47 and the
12 proposed and upcoming Prairie Parkway, and it
13 just -- it makes a lot of sense. This is -- we
14 need to look at the market for Yorkville, which
15 has definitely changed in the last five years,
16 and the Kendall Marketplace right next door is a
17 perfect example of the land use that should be
18 there.
19 Third is the appropriateness of
20 the layout. We are seeking land use approval for
21 preliminary plan tonight. Basically this is just
22 one of many different versions of what could
23 happen on the site, but I think what we're trying
24 to explain tonight is -- right, this is exactly
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1 it right here -- the areas of residential and the
2 areas of commercial, and obviously, you know, the
3 roadways and whatnot. But that's what we're here
4 for tonight.
5 Existing use with the general
6 area of the property, again, Kendall Marketplace
7 right next door, and we really feel that with the
8 way that we've got this site proposed and laid
9 out it's a very good way to eventually buffer in
10 the residential in the back.
11 Now, the five would be the
12 zoning classification within the general area of
13 property, it is appropriate from recent zonings.
14 If you look at Kendall Marketplace, Rush - Copley,
15 and the Kendall County facility, it does go along
16 with those same kind of things.
17 Number six, suitability with
18 existing zoning. Well, it is now agricultural
19 zoning, and given the extensive development
20 that's going on in the area, it does make sense.
21 Number seven, trend of
22 development. Again look at the Kendall
23 Marketplace, Rush - Copley, and the Kendall County
24 facility. It is what it is.
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1 And number eight would be the
2 impact on traffic. This is something we've gone
3 ahead and we've met with property owners to the
4 west and east, we've already met with IDOT, and
5 we've got a good consensus of where all the
6 lights will be going and moving forward as
7 quickly as possible to get that all worked out.
8 The good news is everyone is on
9 the same team here, we all want to get this
10 moving as quickly as possible, so we don't have
11 many issues with any of the adjoining property
12 owners of where lights should be, it's all pretty
13 much worked out, we've just got to get the
14 paperwork done, so -- and I think that's about
15 it.
16 CHAIRMAN LUCIETTO: Okay. Do we
17 have any questions from the public? Does anybody
18 have any issues, questions?
19 (No Response)
20 CHAIRMAN LUCIETTO: Excuse me.
21 Excuse me, sir, before you speak, if you would
22 please say who you are and where you live, then
23 you can ask all the questions.
24 MS. HATCHER: She says you have to
Depo Court Reporting Service (630) 983 -0030
17
1 tell who you are.
i
2 MR. HATCHER: I'm Tom Hatcher. I
3 live on Eldamain Road.
4 CHAIRMAN LUCIETTO: Thank you.
5 WHEREUPON:
6 TOM HATCHER,
7 testified before the Yorkville Plan Commission as
S follows:
9 MR. HATCHER: Just wondering why
10 there is so much detention pond in the middle of
11 this development.
12 MR. DANIELS: Well, actually there
13 is -- You can see the amount of parking that is
14 required for the Yorkville's ordinance for the
15 type of commercial that's going to be going
16 there. That's not a permeable surface and we do
17 have a lot of water requirements on the site.
18 Instead of making ten different
19 detention areas, which can look nice, we were
20 able to put it all into one location. We find it
21 advantageous in a couple things.
22 MR. HATCHER: You're going to fill
23 this all in over here? Because that's low.
24 MR. DANIELS: Correct. Well, the
Depo Court Reporting Service (630) 983 -0030
18
1 lowest point of the property is actually the
2 southeast corner. Where we have the detention is
3 actually the lowest portion of the property.
4 We've gone through extensive tests and all the
I
5 engineering has been done in regards to really
6 minimizing -- We obviously don't want water the
7 whole entire length of Route 34, it just wouldn't
8 make sense, but basically what we're able to do
9 with that detention at the top is -- it's a great
10 buffer, but -- and I won't get into it too much,
11 but it is the proper length for an actual water
12 ski force. I know that sounds a little weird,
13 but it's been something my family is very into
14 and my brother has been looking to do it for
15 years, but essentially the Rob Roy Club would
16 have the insurance in place and all the proper
17 procedures lined up to run a boat on the actual
18 detention area back there, and it is long enough
19 to have whole professional skiing events.
20 I know it sounds nuts, but it's
21 interesting how little -- how few places actually
22 these events are held, and it's an opportunity
23 here.
24 Plus, if you could see, there
Depo Court Reporting Service (630) 983 -0030
19
1 is -- there is a little tiny waterfall feature,
2 we are hoping to get at least somewhere onto the
3 site, and it does make sense, we can control the
4 water a little easier and ease the detention
5 between the sites. But we think it's a good
6 buffer between the commercial and the residential
7 because with the buffer, which is tough to see,
8 it doesn't look very big when you are looking at
9 it, there is a line of trees that's up above the
10 commercial there. That's quite a bit of land
11 there, so we'll put quite a berm, so --
12 MR. HATCHER: What's your plans for
13 that?
14 MR. DANIELS: Well, right now we
15 just know that it will be a berm. Our goal is
16 that the people from the Rob Roy Club, obviously
17 except for the people that are in the mid -rise
18 developments, will not be able to see the
19 commercial at all. That's what we're hoping to
20 do.
21 Now, the other advantage is
22 with a very wide berm right there, we are hoping
23 that we might possibly be able to build in some
24 type of seating area for things going on on the
Depo Court Reporting Service (630) 983 -0030
20
1 lake, so -- but these are all very preliminary,
2 but this is what we are hoping to do, so...
3 MR. HATCHER: I think by the time
4 you got this low spot filled in, you wouldn't
5 have any dirt to make a berm.
6 MR. DANIELS: Well, we've got --
7 We've got more than enough dirt on the site, I
8 know that for a fact.
9 Actually, where the detention
10 is right there, that is the high point of the
11 piece of property, so we're going to be moving a
12 lot of dirt on there, on the piece of property,
13 to get all the detention areas, so we're
14 confident that we're not going to be able to need
15 to truck in any dirt.
16 MR. HATCHER: Well, the farm
17 buildings are the highest part, aren't they?
18 MR. DANIELS: No. Actually the
19 highest part is right where the Rob Roy Club is
20 labeled. That is the highest point of the site
21 right now.
22 MR. HATCHER: Not the last time I
23 was out there, but I guess you guys have surveyed
24 it.
Depo Court Reporting Service (630) 983 -0030
21
1 MR. DANIELS: Oh, yes, we have
2 surveyed it. No, we have gone through it, so the
3 highest point is right there, the lowest point is
4 the southeast corner.
5 CHAIRMAN LUCIETTO: Do we have any
6 other questions?
7 (No Response)
8 CHAIRMAN LUCIETTO: No? Hearing
9 none, entertain a motion to close the public
10 hearing.
11 MR. HOLDIMAN: So moved.
12 MR. KRAUPNER: Second.
13 CHAIRMAN LUCIETTO: All in favor say
14 aye.
15 (A Chorus of Ayes)
16 CHAIRMAN LUCIETTO: Okay.
17 (discussion had off
18 the record)
19 CHAIRMAN LUCIETTO: Okay. I
20 entertain a motion to open public hearing
21 PC 2007 -22, B & P Properties.
22 MR. KRAUPNER: So moved.
23 MR. HOLDIMAN: Second.
24 CHAIRMAN LUCIETTO: Thank you. All
Depo Court Reporting Service (630) 983 -0030
22
1 in favor say aye.
2 (A Chorus of Ayes)
3 CHAIRMAN LUCIETTO: Not in favor?
4 (No Response)
5 CHAIRMAN LUCIETTO: Okay. We are in
6 public hearing.
7 MR. KRAMER: I'll keep my voice up
8 for the crowd. Daniel J. Kramer. I am
9 representing the petitioners. I am an attorney
10 licensed to practice law in the State of
11 Illinois. My address is 1107A South Bridge
12 Street, Yorkville, Illinois, and I represent the
13 petitioner, B & P Properties, LLC, which is the
14 developer, and it's the Royal Order of Moose that
15 owns part of the property and a Morelli Trust
16 that's the other owner, so it's in effect for the
17 petitioners.
18 By way of introduction, this
19 property is approximately 14.8 acres. It's on
20 the south side of Corneils Road just west of
21 Route 47. I have Emo Furfori, our land planner
22 from Schoppe Design with us tonight with two
23 exhibits, one being an overview of the area and
24 the second being a concept plan of the property.
Depo Court Reporting Service (630) 983 -0030
23
1 By way of history, it was
2 originally annexed to the City of Yorkville back
3 in the year 2000 and it was all owned by Mike and
4 Tamara Rosenwinkel. They annexed the property at
5 the time that the City was out trying to get
6 surrounding areas that were contiguous to the
7 City in, and they came in with a flex zoning of
8 M -1, and at the time we hoped that that was going
9 to germinate more jobs and so on with the
10 Yorkville business park out there with F.E.
11 Wheaton, and we got a couple good users out
12 there, but at the end of the day Inland used its
13 flex zoning and developed what was called
14 Caledonia adjacent to this and pretty much ended
15 the manufacturing uses on the north side.
16 Mike and Tammy Rosenwinkel came
17 in in 2005 and co- petitioned with Ocean Atlantic
18 to amend the original 2000 annexation agreement
19 to change the portion of the property that they
20 had retained from M -1 to a mixed use residential
21 zoning, which was ultimately approved by the City
22 Council.
23 This particular property again,
24 as Emo has shown behind Miss Court Reporter, is
Depo Court Reporting Service (630) 983 -0030
24
�
1 located and it's surrounded on the west side by
2 what is now Westbury, south of Corneils Road, and
3 on the east and south side by the Caledonia
4 development, which is currently being developed
i
i
5 by Rich Guerard and Wyndham Homes.
6 So in terms of the uses that
7 are around it, they are all residential at this
8 point, and on the north side of Corneils Road,
9 that's proposed and subject to an annexation
10 agreement that's working its way through the
11 process to be part of Westbury for a golf course
12 and, again, residential development.
13 Your City Comprehensive Plan
14 shows this area as transitional zoning with a
15 density permitted of up to four units per acre.
I
16 We are asking that the recommendation be made to
17 the City Council to amend the earlier two
18 annexation agreements to change this to R -3
19 zoning.
20 We have had two recommendations
21 from staff at Planning Council; one, they asked
22 us if we would look at developing the duplexes as
23 opposed to townhouses, and we have said we would
24 entertain that. We still think we can get the
Depo Court Reporting Service (630) 983 -0030
25
1 same density we are showing on here at roughly
2 about three and a half per acre by doing duplexes
3 in lieu of townhouses.
4 The second thing that staff
5 asked us to do is would we entertain doing a
6 planned unit development rather than just
7 straight zoning when we move it on to City
8 Council, and we likewise indicated that we would
9 do that. So that's kind of an overview of the
10 area.
11 Emo, if you could show them
12 again the concept plan.
13 MR. LINDBLOM: Dan, excuse me, while
14 he is doing that --
15 MR. KRAMER: Yes, sir.
16 MR. LINDBLOM: The map we have here
17 shows the property to the south as Westbury
18 South. You mentioned that that's --
19 MR. KRAMER: They wrap around part
20 of it, but I believe Caledonia comes down around
21 them as well.
22 MR. LINDBLOM: Comes down here.
23 MR. KRAMER: Yes. Again, we show a
24 connection to the Westbury development where
Depo Court Reporting Service (630) 983 -0030
26
1 their street is plotted on the west. We would
2 provide for one access onto Corneils Road, and
3 that brings up a third recommendation of staff,
4 and that is that, of course, everybody is
5 improving Corneils Road adjacent to their
6 property, so Emo would provide both for the
7 dedication of the additional right -of -way and we
8 would pay the cost of improving Corneils Road.
9 One thing that I don't believe
10 was in the staff recommendation, but I suspect
11 would be negotiated or they would have asked us
12 if we didn't bring it up in advance, and that is
13 you have asked Westbury, you've asked Jimmy
14 Ratos, you have asked everybody who is improving
15 on 47 to contribute to the improvement of 47
16 because it doesn't look like in the near term
17 IDOT's ever going to give us the money to do that
18 as a city, and, again, there would be required to
19 have some improvements out at the light out at
20 the corner, so we would anticipate that we would
21 have to make a contribution on that because
22 obviously we would be kicking traffic in there.
23 So that's generally our
24 comments, and, again, we are asking for a
Depo Court Reporting Service (630) 983 -0030
27
1 favorable recommendation for the rezoning from
2 M -1 to R -3 subject to staff's recommendations.
3 CHAIRMAN LUCIETTO: Do we have any
4 questions from the audience?
5 (No Response)
6 MR. BAKER: This is just concept,
7 right?
8 MR. KRAMER: Correct. It's not
9 preliminary plat, Jeff.
10 CHAIRMAN LUCIETTO: Entertain a
11 motion to get out of the public hearing?
12 MR. LINDBLOM: So moved.
13 CHAIRMAN LUCIETTO: Second?
14 MR. HEGELER: Aye.
15 CHAIRMAN LUCIETTO: All in favor say
16 aye.
17 (A Chorus of Ayes)
18 CHAIRMAN LUCIETTO: Not in favor say
19 nay.
20 (No Response)
21 CHAIRMAN LUCIETTO: PC 2007 -24, Don
22 Kalant. Are they here? Yes. Entertain a motion
23 to open the public hearing for PC 2007 -24, Don
24 Kalant.
I
Depo Court Reporting Service (630) 983 -0030
28
1 MR. BAKER: So moved, Baker.
2 CHAIRMAN LUCIETTO: Second?
3 MR. HEGELER: Second.
4 CHAIRMAN LUCIETTO: All in favor say
5 aye.
6 (A Chorus of Ayes)
7 CHAIRMAN LUCIETTO: Not in favor?
8 (No Response)
9 CHAIRMAN LUCIETTO: Thank you.
10 WHERUPON:
11 GREGG INGEMUNSON,
12 having been first duly sworn, testified before
13 the Yorkville Plan Commission as follows:
14 MR. INGEMUNSON: Thank you. Gregg
I
15 Ingemunson on behalf of petitioner, Don Kalant.
16 We are requesting rezoning a residential area to
17 B -2. It's on the corner of 47 and Center Street,
18 101 West Center Street. Travis has it up there.
19 So we have -- I think you guys have a site plan
20 in your -- and we have received comments from the
21 City and also forward those to our engineer and
22 they don't see any problem with any comments the
23 City has made, and we have also received a letter
24 from the Illinois Department of Transportation
Depo Court Reporting Service (630) 983 -0030
29
1 about the entrance, and essentially they have
2 three minor comments, and they just said the
3 minimum eight inches of bituminous be required
4 for the pavement, 24 -foot wide, and also just to
5 inform us that the right -of -way is within two
6 feet of the building when they widen 47, if that
7 ever happens in our lifetime, so I would like to
8 say that. They did say --
9 MR. BAKER: Two feet?
10 MR. INGEMUNSON: Two feet.
11 Right -of -way. And there's going to be a
12 sidewalk, green space. The right -of -ways, not
13 the road.
14 MR. BAKER: Right. Right. I
15 understand.
16 MR. INGEMUNSON: There is eight or
17 nine feet -- eight or nine feet between the --
18 MR. LINDBLOM: But they are
19 accepting that driveway as -is off the north side
20 of that building?
21 MR. INGEMUNSON: Yeah, as long as it
22 is 24 feet wide.
23 MR. LINDBLOM: I am surprised.
24 MR. INGEMUNSON: I was, too. And I
Depo Court Reporting Service (630) 983 -0030
30
1 guess it's somewhat similar to Realty Executives,
2 they were that close to a stoplight and they let
3 them get a turn lane out, surprised that one
4 happened, and this one, I was surprised as well,
5 but they seemed to indicate it looks like it's
6 going to be okay.
7 CHAIRMAN LUCIETTO: Did you have
8 anything else?
9 MR. INGEMUNSON: That's it.
10 CHAIRMAN LUCIETTO: Is there anyone
11 in the audience that would like to ask any
12 questions or have any input on this?
13 (No Response)
14 CHAIRMAN LUCIETTO: Ask for a motion
15 to close the public hearing.
16 MR. HOLDIMAN: So moved.
17 CHAIRMAN LUCIETTO: Is there a
18 second?
19 MR. HEGELER: Second.
20 CHAIRMAN LUCIETTO: Thank you. All
21 in favor say aye.
22 (A Chorus of Ayes)
23 CHAIRMAN LUCIETTO: Not in favor,
24 nay?
Depo Court Reporting Service (630) 983 -0030
31
1 (No Response)
2 CHAIRMAN LUCIETTO: Public hearing
3 is closed.
4 (Which were all the
5 proceedings had in
6 the public hearing
7 portion of the
8 meeting.)
9 --- 000 - --
10
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Depo Court Reporting Service (630) 983 -0030
32
1 STATE OF ILLINOIS )
SS.
2 COUNTY OF LASALLE )
3
4 I, Christine M. Vitosh, a Certified
5 Shorthand Reporter, do hereby certify that I
6 reported in shorthand the proceedings had at the
7 hearing of the above - entitled cause and that the
8 foregoing Report of Proceedings, is a true,
9 correct, and complete transcript of my shorthand
10 notes so taken at the 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, nor am I in
15 any way interested in the outcome thereof.
16 I further certify that my
17 certificate annexed hereto applies to the
18 original transcript and copies thereof, signed
19 and 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
Depo Court Reporting Service (630) 983 -0030
33
1 In testimony whereof, I have
2 her un o set my hand this d y of
3 A.D., 2007.
4
5 '
6 Christine M. Vitosh, CSR
7 CSR No. 084 - 002883
8
9
10
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Depo Court Reporting Service (630) 983 -0030
July 11, 2007 34
--- oOo - -- 31:9 Actually 3:3, 10:1, approval 14:20 behind 23:24
084 - 002883 33:7 11:17, 12:9, 13:16, approved 23:21 believe 5:17, 25:20,
1.1 5:13 14:3, 17:12, 18:1, approximately 22:19 26:9
100 13:3 18:3, 18:21, 20:9, area 10:22, 11:10, berm 19:11, 19:15,
101 28:18 20:18 11:19, 15:6, 15:12, 19:22, 20:5
1107A4:23, 22:11 additional 26:7 15:20, 18:18, 19:24, big 9:21, 19:8
125 9:13 address 4:23, 7:13, 22:23, 24:14, 25:10, bit 12:10, 19:10
14.8 22:19 22:11 28:16 bituminous 29:3
2000 23:3, 23:18 adjacent 8:21, areas 15:1, 15:2, boards 8:10
2005 23:17 23:14, 26:5 17:19, 20:13, 23:6 boat 18:17
2007 - 19.4:11 adjoining 16:11 around 24:7, 25:19, border 5:22
2007 -2 7:18, 21:21, adjusted 12:13 25:20 borders 8:20, 8:23
27:21, 27:23 admonition 3:17 arriving 3:15 boutique 9:22
2007. 33:3 adults 12:2 as -is 29:19 box 9:21
24 29:22 advance 26:12 aspect 9:13 boxes 10:3
24 -foot 29:4 advantage 19:21 assessments 12:13 breakdown 13:13
272 9:1 advantageous 17:21 assume 32:20 Bridge 4:23, 22:11
3 9:18, 18:7 aforesaid 32:11 Atlantic 23:17 brief 13:11
30 9:3 age 10:15, 11:24 attorney 4:21, 22:9 bring 26:12
34 8:21, 10:2, 13:23, agreement 23:18, audience 6:3, 27:4, brings 26:3
14:9 24:10 30:11 brother 18:14
4 29:6 agreements 24:18 available 12:20 buffer 15:9, 18:10,
4,000 9:17, 9:17 agricultural 9:2, Aye 7:24, 21:14, 19:6, 19:7
47 14:11, 22:21, 15:18 22:1, 27:14, 27:16, build 19:23
26:15, 26:15, 28:17 ahead 8:10, 16:3 28:5, 30:21 building 10:21,
70 11:13 aiming 11:1 Ayes 8:1, 21:15, 10:21, 11:9, 29:6,
75 10:14, 13:3 allow 5:20 22:2, 27:17, 28:6, 29:20
7:00 1:9, 1:9 almost 14:10 30:22 buildings 12:23,
800 1:9 already 16:4 20:17
amend 23:18, 24:17 built 5:11, 8:22
amount 13:4,17:13 < B > business 6:15,
<A> and /or 13:18 B -2 28:17 23:10
able 17:20, 18:8, ANNE 2:2 back 5:9, 7:17,
19:18, 19:23, 20:14 annexation 5:18, 15:10, 18:18, 23:2
above 10:4, 19:9 6:1, 6:9, 8:17, 23:18, BAKER 2:6, 3:24, < C >
above - entitled 1:7, 24:9, 24:18 4:1, 4:12, 4:12, 7:5, C.S.R. 1:8
32:8 annexed 23:2, 23:4, 7:6, 27:6, 28:1, 28:1, Caledonia 23:14,
accepting 29:19 32:18 29:9, 29:14 24:3, 25:20
access 12:15, 26:2 annually 12:13 based 12:11 call 3:21, 7:23, 8:15
accuracy 32:21 anticipate 26:20 Basically 9:7, 10:7, called 23:13
acre 24:15, 25:2 anybody 16:17 10:9, 10:17, 14:21, calls 13:9
acres 5:13, 9:1, apartment 10:15 18:8 care 9:4
9:13, 10:14, 11:13, Apparently 3:15 become 12:20 cause 32:8
22:19 appeal 12:1 bedrooms 11:1 Center 28:17, 28:18
across 5:6 applies 32:18 Beecher 8:21, 9:19, certificate 32:18
active 12:1 appropriate 15:13 13:18 Certified 32:5, 32:20
activities 12:8 appropriateness beginning 8:17 certify 32:6, 32:12,
actual 18:11, 18:17 14:8, 14:19 behalf 8:13, 28:15 32:17
Depo Court Reporting Service (630) 983 -0030
July 11, 2007 35
change 12:19, Commission 1:1, 26:4 developments 19:18
23:19, 24:18 4:19, 6:4, 6:14, 8:8, Court 23:24 different 10:7, 14:22,
changed 12:19, 17:7, 28:13 courts 12:6 17:18
14:15 community 11:21, cover 12:13 dining 12:3
characteristics 11:23 Creek 9:5, 10:8, direction 32:22
8:19, 9:7 comp 13:16,14:3, 10:12, 13:17 directly 10:13
CHARLES 2:5 14:6 Crouch 6:24 dirt 20:5, 20:7,
Chicago 11:19 compatibility 13:15 crowd 22:8 20:12, 20:15
choices 12:21 complete 32:10 CSR 33:6, 33:7 discussion 7:15,
choose 12:12 complexes 10:19 current 13:16 21:17
Chorus 8:1,- 21:15, component 9:12, currently 8:24, 9:2, doing 25:2, 25:5,
22:2, 27:17, 28:6, 10:11, 11:12 24:4 25:14
30:22 components 9:11 Don 27:21, 27:23,
Christine 1:8, 32:5, Comprehensive 28:15
33:6 13:13, 24:13 < D > done 11:23, 16:14,
City 1:2, 1:10, 5:5, comprised 10:18 dab 14:11 18:5
5:6, 5:9, 5:12, 5:21, concept 9:10, 11:19, Dan 25:13 door 14:16, 15:7
5:24, 13:8, 23:2, 22:24, 25:12, 27:6 Daniel 4:17, 4:21, down 5:21, 25:20,
23:5, 23:7, 23:21, confident 20:14 22:8 25:22
24:13, 24:17, 25:7, connection 25:24 DANIELS 8:6, 8:9, drainage 5:20
26:18, 28:21, 28:23 consensus 16:5 8:13, 17:12, 17:24, drawing 10:2
CLARENCE 2:3 consist 11:14 19:14, 20:6, 20:18, Drew 8:6, 8:13
classification 15:12 contiguous 5:5, 23:6 21:1 driveway 29:19
clear 13:19 continue 13:23 day 23:12, 33:2 due 3:14
close 6:13, 21:9, contribute 26:15 dedication 26:7 duly 4:18, 8:7, 28:12
30:2, 30:15 contribution 26:21 definitely 14:15 duplex 10:18
closed 31:3 control 19:3, 32:22 density 24:15, 25:1 duplexes 11:14,
closer 10:2 copies 32:19, 32:22 Department 28:24 24:22, 25:2
Club 11:12, 11:18, Corneils 22:20, Design 22:22 dwelling 12:12
11:22, 12:2, 12:4, 24:2, 24:8, 26:2, desired 12:20 dwellings 11:15
13:7, 18:15, 19:16, 26:5, 26:8 detached 12:22
20:19 corner 18:2, 21:4, detailed 13:13
clubhouse 11:9, 26:20, 28:17 detention 13:24, < E >
12:3 Correct 17:24, 27:8, 17:10, 17:19, 18:2, earlier 24:17
clusters 11:14 32:10 18:9, 18:18, 19:4, ease 19:4
co- petitioned 23:17 cost 26:8 20:9, 20:13 easement 5:19
Cobblestone 13:21 costs 12:14 determined 13:5 easier 19:4
combination 11:20 Council 5:17, 5:24, developed 23:13, east 8:24, 16:4, 24:3
Comes 25:20, 25:22 23:22, 24:17, 24:21, 24:4 effect 22:16
coming 3:6,13:18 25:8 developer 22:14 eight 16:1, 29:3,
comments 6:6, 6:12, counsel 32:13, developers 10:19 29:16, 29:17
7:12, 26:24, 28:20, 32:13 developing 24:22 Eldamain 8:24,17:3
28:22, 29:2 count 3:4, 9:14 Development 7:19, elects 13:1
commercial 9:12, country 11:21 8:14, 10:12, 10:14, elevated 12:23
9:15, 9:20, 10:8, COUNTY 5:4,10:22, 11:5, 11:24, 12:14, eligible 13:3
10:13, 13:23, 14:5, 15:15, 15:23, 32:3 13:2, 13:19, 15:19, Emo 22:21, 23:24,
14:6, 15:2, 17:15, couple 17:21, 23:11 15:22, 17:11, 24:4, 25:11, 26:6
19:6, 19:10, 19:19 course 11:22, 24:11, 24:12, 25:6, 25:24 empty 12:2
Depo Court Reporting Service (630) 983 -0030
July 11, 2007 36
enclosed 12:23 12:5 future 5:21 Hello 8:4
end 10:20, 13:12, facility 15:15, 15:24 hereby 32:6
23:12 fact 20:8 hereto 32:18
ended 23:14 fairly 5:2 < G > hereunto 33:2
engineer 28:21 Falls 8:16 Game 1:9 high 20:10
engineering 18:5 family 8:14, 10:18, gated 11:21 highest 20:17,
enough 18:18, 20:7 11:3, 11:14, 12:22, general 15:5, 15:12 20:19, 20:20, 21:3
entails 10:7, 11:18, 18:13 generally 26:23 history 23:1
13:7 far 5:18 germinate 23:9 HOLDIMAN 2:3,4:6,
Entertain 4:10, 6:12, Farm 1:9, 20:16 getting 8:19 4:7, 4:13, 6:16, 6:22,
21:9, 21:20, 24:24, farmer 9:4 give 26:17 6:23, 7:21, 21:11,
25:5, 27:10, 27:22 favor 7:24, 8:2, given 5:17, 15:19 21:23, 30:16
entire 10:8, 10:9, 21:13, 22:1, 22:3, goal 19:15 home 5:11
18:7 27:15, 27:18, 28:4, golf 11:22, 24:11 Homes 10:18, 24:5
entrance 29:1 28:7, 30:21, 30:23 great 9:4, 18:9 hoped 23:8
entry 11:22, 12:10, favorable 27:1 green 11:8, 29:12 hoping 19:2, 19:19,
13:4 feature 9:23, 10:3, Gregg 28:11, 28:14 19:22, 20:2
essentially 9:10, 19:1 group 3:17 hour 1:9
13:6, 18:15, 29:1 fee 11:22, 12:11, Guerard 24:5 Housing 10:22,
evening 3:3, 3:14, 13:4 guess 20:23, 30:1 11:23, 12:21, 12:22
8:9, 8:12 feel 15:7 guys 3:7, 20:23,
events 18:19, 18:22 feet 9:15, 9:17, 9:19, 28:19
eventually 15:9 29:6, 29:9, 29:10, < I >
everybody 7:12, 29:17, 29:17, 29:22 MOT 16:4,26:17
26:4, 26:14 few 18:21 < H > ILLINOIS 1:2, 1:10,
everyone 8:12, 16:8 fill 17:22 half 25:2 4:23, 4:24, 22:11,
everything 9:21 filled 20:4 hand 3:10, 32:20, 22:12, 28:24, 32:1
exactly 14:24 finance 13:9 33:2 impact 16:2
example 14:17 find 17:20 happen 14:23 important 14:10
except 19:17 findings 13:11 happened 30:4 improvement 26:15
excerpt 11:17 first 3:13, 3:14, 4:18, happens 29:7 improvements
excess 5:14 7:13, 8:7, 8:18, 9:12, happy 6:2 26:19
excluding 11:22 11:1, 13:14, 28:12 HATCHER 16:24, improving 26:5,
Excuse 16:20, fishing 12:7 17:2, 17:2, 17:6, 26:8, 26:14
16:21, 25:13 five 14:15, 15:11 17:9, 17:22, 19:12, in. 3:7
Executives 30:1 flex 23:7, 23:13 20:3, 20:16, 20:22 inches 29:3
exhibits 22:23 flip 3:20 health 12:4 include 12:3,12:21
exist 5:8 floor 11:1 Hearing 3:16, 6:13, indicate 30:5
Existing 5:5, 15:5, follows 4:19, 8:8, 7:18, 7:20, 21:8, indicated 25:8
15:18 17:8, 28:13 21:10, 21:20, 22:6, inform 29:5
explain 14:24 footage 5:14, 9:14 27:11, 27:23, 30:15, INGEMUNSON
extension 8:22 force 18:12 31:2, 31:6, 32:8 28:11, 28:14, 28:15,
extensive 15:19, foregoing 32:9 hearings 3:3, 4:11 29:10, 29:16, 29:21,
18:4 forward 6:15, 16:6, HEGELER 2:7, 4:2, 29:24, 30:9
28:21 4:3, 7:3, 7:4, 27:14, initiation 12:11
four 3:3, 24:15 28:3, 30:19 Inland 23:12
<F> four -story 12:23 height 13:24 input 30:12
facilities 12:3, 12:4, Furfori 22:21 held 18:22 Instead 17:18
Depo Court Reporting Service (630) 983 -0030
July 11, 2007 37
insurance 18:16 law 4:22, 22:10 maintenance 12:15 MS 2:2, 2:9, 3:22,
interested 32:16 layout 14:20 majority 9:16 3:24, 4:2, 4:4, 4:6,
interesting 18:21 least 19:2 management 12:14 4:8, 6:20, 6:22, 6:24,
introduction 22:18 length 10:9, 18:7, manufacturing 7:3, 7:5, 7:7, 16:24
issues 16:11, 16:18 18:11 23:15 multi 10:19
letter 28:23 map 25:16
licensed 4:22, 22:10 market 14:14
< J > lieu 25:3 Marketplace 8:23, < N >
J. 4:17, 4:21, 22:8 lifestyle 9:23, 10:3, 13:22, 14:16, 15:6, name 4:21, 8:13
Jeff 2:6, 7:11, 27:9 10:15 15:14, 15:23 nay 27:19, 30:24
Jimmy 26:13 lifetime 29:7 MARLYS 2:9 near 26:16
jobs 23:9 light 26:19 matter 1:7, 5:1 need 3:8, 14:14,
John 2:7, 7:11 lights 16:6, 16:12 mean 14:10 20:14
likewise 25:8 MEETING 1:1, 1:6, needs 12:19
limits 5:5 7:10, 12:4 negotiated 26:11
< K > LINDBLOM 2:4, meeting. 31:8 neither 32:12
Kalant 27:22, 27:24, 3:22, 3:23, 7:7, 7:8, member 13:1, 13:6 nesters 12:2
28:15 7:22, 25:13, 25:16, Members 12:10, new 11:18,13:6
keep 22:7 25:22, 27:12, 29:18, 12:17 newer 5:10
Kendall 8:23, 13:22, 29:23 mentioned 25:18 news 16:8
14:16, 15:6, 15:14, line 8:23, 19:9 met 16:3, 16:4 next 14:16, 15:7
15:15,15:22, 15:23 linear 9:17 Meyers 5:4 nice 17:19
kicking 26:22 lined 18:17 mid -rise 11:15, nine 29:17, 29:17
kind 11:8,15:16, little 9:3, 11:17, 19:17 No. 20:18, 33:7
25:9 12:10, 18:12, 18:21, middle 14:11, 17:10 none 21:9
KRAMER 4:17, 4:20, 19:1, 19:4 Mike 23:3, 23:16 nor 32:13, 32:14,
4:21, 6:10,22:7, live 16:22, 17:3 MILLER 2:8 32:15
22:8, 25:15,25:19, living 10:16, 11:3 million 9:15 North 8:20, 10:13,
25:23, 27:8 LLC 22:13 minimizing 18:6 10:23, 23:15, 24:8,
KRAUPNER 2:5, 4:4, located 24:1 minimum 5:14,29:3 29:19
4:5, 6:17, 7:1, 7:2, location 17:20 minor 29:2 north /south 9:6
21:12, 21:22 long 18:18, 29:21 minus 9:1, 9:13, notes 32:11
look 9:10, 14:14, 9:14, 9:19, 10:14, notice 9:24, 10:1,
15:14, 15:22, 17:19, 11:13 13:2
< L > 19:8, 24:22, 26:16 mixed 23:20 Number 3:2, 3:4,
labeled 20:20 looking 18:14, 19:8 money 26:17 10:5, 15:17,15:21,
laid 15:8 looks 30:5 Moose 22:14 16:1
Lake 10:22, 12:7, lot 5:13, 14:13, Morelli 22:15 nuts 18:20
13:24, 20:1 17:17, 20:12 motion 4:10, 6:13,
land 14:8, 14:17, lots 5:4 7:19, 21:9, 21:20,
14:20, 19:10, 22:21 low 17:23, 20:4 27:11, 27:22, 30:14 < O >
lane 30:3 lowest 18:1, 18:3, move 6:14, 13:1, Obviously 10:5,
large 10:3,14:9 21:3 25:7 15:2, 18:6, 19:16,
largest 9:12 moved 4:12, 6:16, 26:22
LASALLE 32:3 7:21, 21:11, 21:22, occupancy 13:5
last 7:10, 14:9, < M > 27:12, 28:1, 30:16 Ocean 23:17
14:15, 20:22 M -1 23:8, 23:20, 27:2 Moving 11:11, 16:6, Okay 3:20, 4:9, 4:14,
later 12:10, 13:5 M. 1:8, 32:5, 33:6 16:10, 20:11 6:8, 6:18, 7:9, 8:4,
Depo Court Reporting Service (630) 983 -0030
July 11, 2007 38
8:11, 11:12, 16:16, 19:17 20:1, 27:9 30:12
21:16, 21:19, 22:5, per 24:15, 25:2 pretend 5:8 quickly 16:7, 16:10
30:6 percent 13:4 pretty 16:12, 23:14 quite 19:10, 19:11
old 5:3 perfect 14:17 prior 13:2
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17:20, 22:23, 26:2, permitted 5:7, 24:15 11:16, 11:16, 11:21 < R >
26:9, 30:3 petition 5:3 problem 28:22 R -1 5:12, 6:1
ones 3:14 petitioner 22:13, procedures 18:17 R -3 24:18, 27:2
open 3:16, 4:10, 28:15 Proceedings 1:6, raise 3:9
7:19, 21:20, 27:23 Petitioners 3:14, 31:5, 32:7, 32:9 ran 3:15
operations 12:15 4:15, 5:1, 22:9, 22:17 process 24:11 ranch 10:24
opportunity 18:22 piece 8:14, 9:11, professional 18:19 rather 25:6
opposed 24:23 20:11, 20:12 promise 10:23, Ratos 26:14
Order 10:20, 22:14 place 18:16, 32:11 10:24 read 11:17
ordinance 13:8, places 18:21 proper 13:2, 18:11, realistically 14:8
17:14 Plan 1:1, 4:19, 6:3, 18:16 really 14:10, 15:7,
orientated 11:2, 11:3 8:8, 9:10, 13:16, Properties 21:21, 18:5
original 23:18, 32:19 14:4, 14:6, 14:21, 22:13 Realty 30:1
originally 23:2 17:7, 22:24, 24:13, property 5:11, 5:22, received 28:20,
outcome 32:16 25:12, 28:13, 28:19 8:15, 8:17, 8:20, 28:23
outline 13:11 planned 12:1, 25:6 8:20, 9:3, 9:4, 9:6, recent 15:13
outlots 10:6 planner 22:21 9:11, 10:10, 13:21, recommendation
overview 22:23, 25:9 Planning 5:16, 6:14, 14:3, 15:6, 15:13, 5 :18, 5:24, 24:16,
owned 9:2, 23:3 24:21 16:3, 16:11, 18:1, 26:3, 26:10, 27:1
owner 22:16 plans 19:12 18:3, 20:11, 20:12, recommendations
owners 16:3, 16:12 plat 27:9 22:15, 22:19, 22:24, 24:20, 27:2
owns 22:15 please 3:9, 3:20, 23:4, 23:19, 23:23, record 4:20, 7:16,
3:21, 7:24, 16:22 25:17, 26:6 21:18
plotted 26:1 proposed 13:18, regards 18:5
< P > Plus 9:1, 9:13, 9:14, 14:12, 15:8, 24:9 related 32:13, 32:14
P.M. 1:9 9:18, 10:14, 11:13, proposing 9:9 remain 12:17, 14:5,
paperwork 16:14 18:24 provide 26:2, 26:6 14:5
parcel 14:9 poin 24:8 Public 3:3, 3:16, remaining 12:14
park 23:10 point 18:1, 20:10, 4:11, 6:12, 6:13, repeat 3:10
parking 12:24, 17:13 20:20, 21:3, 21:3 7:18, 7:20, 11:6, replacements 12:16
parks 11:6, 11:16 pond 17:10 16:17, 21:9, 21:20, Report 1:6, 32:9
Parkway 14:12 pool 12:5 22:6, 27:11, 27:23, reported 32:7
part 20:17, 20:19, portion 18:3, 23:19, 30:15, 31:2, 31:6 Reporter 23:24, 32:6
22:15, 24:11, 25:19 31:7 PUD 8:17, 9:10 represent 4:24,
particular 5:11, 10:2, positive 5:17, 5:23 purpose 12:6 22:12
23:23 possibility 12:6 purposes 5:21 representing 22:9
parties 32:14, 32:15 possible 16:7, 16:10 put 17:20, 19:11 reproduced 32:21
pass 12:13, 13:12 possibly 19:23 requested 3:13
pavement 29:4 potential 5:20 requesting 28:16
pay 12:10, 26:8 potentially 11:21 < Q > required 17:14,
PC 4:11, 7:18, 21:21, practice 4:22, 22:10 questions 6:3, 6:6, 26:18, 29:3
27:21, 27:23 Prairie 14:12 6:14, 16:17, 16:18, requirements 17:17
people 3:6, 19:16, preliminary 14:21, 16:23, 21:6, 27:4, reserve 12:15
Depo Court Reporting Service (630) 983 -0030
July 11, 2007 39
residence 5:15 Rush - copley 15:14, size 12:12,12:20 swimming 12:5,
residential 13:17, 15:23 ski 12:7, 18:12 12:7
14:4, 14:4, 15:1, skiing 18:19 switch 3:13
15:10, 19:6, 23:20, smack 14:11 sworn 3:1, 3:11,
24:7, 24:12, 28:16 < S > smaller -type 9:22 4:18, 8:7, 28:12
residents 11:10 says 16:24 somewhat 30:1
Response 3:18, 6:7, Schoppe 22:22 somewhere 19:2
8:3,16:19, 21:7, seating 19:24 sorry 6:24 < T >
22:4, 27:5, 27:20, Second 3:13, 10:11, sounds 18:12, 18:20 Tamara 23:4
28:8, 30:13, 31:1 14:7, 21:23, 22:24, South 4:23, 11:7, Tammy 23:16
responsibility 32:21 25:4, 27:13, 28:2, 22:11, 22:20, 24:2, targeted 10:15, 12:1
rest 14:2 30:18 24:3, 25:17, 25:18 team 16:9
restricted 11:24 second. 4:13, 6:17, southeast 18:2, 21:4 ten 17:18
restrictive 6:1 7:22, 21:12, 28:3, space 29:12 tennis 12:5
retained 23:20 30:19 spot 20:4 term 26:16
return 13:3 seeing 5:19 square 5:14, 9:14, terms 24:6
returned 13:5 seeking 14:20 9:15, 9:17, 9:19 testified 4:18, 8:7,
rezoning 27:1, 28:16 seemed 30:5 SS 32:2 17:7, 28:12
Rich 24:5 senior 10:12, 10:14, staff 24:21, 25:4, testimony 33:1
Right -of -way 26:7, 10:22, 11:23 26:3, 26:10, 27:2 tests 18:4
29:5, 29:11 sense 13:22, 14:13, stand 3:9 thereof 32:16, 32:19
right -of -ways 29:12 15:20, 18:8, 19:3 start 8:18, 9:7 Third 11:11, 14:19,
river 5:6, 5:8, 5:22 set 33:2 started 8:11 26:3
Road 1:9, 8:21, 8:24, seve 15:21 starts 13:24 thousand 9:18
9:19, 13:18, 17:3, Sexton 7:18, 8:14 STATE 4:22, 22:10, three 9:11, 12:22,
22:20, 24:2, 24:8, Shore 10:23 32:1 25:2, 29:2
26:2, 26:5, 26:8, Shorthand 32:6, statute 5:7 tiny 19:1
29:13 32:7, 32:10 stoplight 30:2 TOM 2:4, 17:2, 17:6
roads 11:6, 11:7, show 25:11, 25:23 stores 9:21, 9:22 tonight 8:16, 9:9,
11:16 showing 25:1 straight 6:1, 25:7 14:21, 14:24, 15:4,
roadways 15:3 shown 14:4,23:24 straightforward 5:3 22:22
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11:18, 13:7, 13:17, 25:17 26:1, 28:17, 28:18 touch 5:9
18:15, 19:16, 20:19 si 15:17 style 10:24 tough 11:8, 19:7
Roll 3:21, 7:23 side 8:20, 22:20, subdivision 5:4 towards 11:7
rooms 12:4 23:15, 24:1, 24:3, subject 24:9, 27:2 townhouses 11:15,
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23:16 sidewalk 29:12 suitability 15:17 traffic 3:16, 16:2,
roughly 25:1 signed 32:19 surface 17:16 26:22
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10:2, 13:23, 14:9, single 10:18, 11:14, 30:3, 30:4 32:19
14:11, 18:7, 22:21 12:22 surrounded 24:1 transitional 24:14
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11:18, 13:7, 13:17, site 9:8, 10:17, surveyed 20:23, 28:24
18:15, 19:16, 20:19 13:15, 14:23, 15:8, 21:2 Travis 2:8, 28:18
Royal 22:14 17:17, 19:3, 20:7, suspect 26:10 trees 19:9
run 9:17, 9:19, 18:17 20:20, 28:19 swap 12:18 trend 15:21
runs 9:5 sites 19:5 swear 3:7 truck 20:15
Depo Court Reporting Service (630) 983 -0030
July 11, 2007 40
true 32:9 whatsoever 11:7 zonings 15:13
Trust 22:15 Wheaton 23:11
trying 14:23, 23:5 whereof 33:1
turn 30:3 WHEREUPON 4:16, < Dates >
Two 3:21, 22:22, 8:5, 17:5 july 11, 2007 1:8,
24:17, 24:20, 29:5, WHERUPON 28:10 1:8,1:8
29:9,29:10 whole 18:7,18:19
two -story 10:21 wide 19:22, 29:4,
type 12:20, 17:15, 29:22
19:24 widen 29:6
will 4:10, 9:17, 9:19,
9:20, 10:17, 10:20,
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ultimately 23:21 14:5, 14:5,16:6,
understand 29:15 19:15,19:18
unique 11:19 within 15:12,29:5
unit 10:19, 25:6 Witnesses 3:1, 3:11
United 1:2, 5:6 wondering 17:9
units 10:18, 12:18, words 5:7
12:18, 12:19, 12:22, worked 16:7, 16:13
24:15 working 5:19, 8:10,
upcoming 14:12 24:10
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users 23:11 Wyndham 24:5
uses 23:15, 24:6
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variances 6:2 years 9:3, 14:15,
vary 12:11 18:15
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Vitosh 1:8, 32:5, 4:19, 4:24, 5:6, 8:8,
33:6 14:14, 17:7, 17:14,
voice 22:7 22:12, 23:2, 23:10,
28:13
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18:6, 18:11, 19:4 7:3, 7:5, 7:7, 12:2
waterfall 19:1
weird 18:12
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13:20, 16:4, 22:20, zoned 9:2
24:1, 26:1, 28:18 zoning 5:13, 6:9,
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24:11, 25:17,25:24, 15:19, 23:7, 23:13,
26:13 23:21, 24:14, 24:19,
whatnot 15:3 25:7
Depo Court Reporting Service (630) 983 -0030
A o United City of Yorkville
800 Game Farm Road
636 Yorkville, Illinois 60560
-�� Telephone: 630 -553 -4350
o Fax: 630 -553 -7575
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