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Plan Commission Minutes 2007 05-09-07 APPROVED 8/8/07 UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY HALL COUNCIL CHAMBERS WEDNESDAY, MAY 9, 2007 Chairman Tom Lindblom called the meeting to order at 7 p.m. ROLL CALL Members present: Charles Kraupner, Clarence Holdiman, Anne Lucietto, Sandra Adams, Michael Crouch and Tom Lindblom. Brian Schillinger arrived later. A quorum was established. Lindblom started the meeting by introducing and congratulating newly elected Mayor Valerie Burd. CITY STAFF AND GUESTS Mayor Valerie Burd; Community Development Director Travis Miller; and Bill Dunn, Engineering Enterprises, Inc. Also see attached sign -in sheet. MINUTES Adams made a motion to approve the May 24, 2006 meeting minutes. Lucietto seconded the motion. The motion was unanimously approved by voice vote. Lucietto made a motion to approve the March 14, 2007 minutes. Holdiman seconded the motion. The motion was unanimously approved by voice vote. PUBLIC HEARINGS Holdiman made a motion to open the public hearings. Adams seconded the motion. The motion was unanimously approved by voice vote. Chairman Lindblom swore in those who intended to speak at the hearing. 1. PC 2004 -18 and 2007 -17 SB &WD, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning from United City of Yorkville R -3 to United City of Yorkville PUD zoning to allow uses permitted in the R -3 zoning classification, and for hearing as to the Concept PUD plan and preliminary PUD plan of the petitioner. The real property consists of approximately 9.69 acres, located south of the southeast corner of Rt. 47 and Rt. 71, Yorkville. Rich Guerard attorney representing the petitioner, Wyndham Deerpoint Homes, discussed the Wynstone Townhome project. He said the plan substantially conforms to the concept plan that went through the process in 2004. Since the plan was presented the previous month, there some changes were made. The density was reduced from 62 to 56 units. Also, he said the accesses have changes. To the north there's the platted 60 -foot right of way. Originally in the process the proposal was to make a connection to the east and one to the north. The request from the city was to get access to Route 47. So, for the past two years, Wyndham Deerpoint has worked to get that access. The main access is now an intersection at Route 47. It'll be a join intersection with property to the west. Eventually it will be a lighted intersection, Guerard said. Now, he said they're looking for a secondary emergency connection. He would recommend the route to the east to St. Joseph's Way. It would give the residents in Fox Highlands access to Route 47. And, Guerard said it makes sense to him to make a connection to property in the city. Guerard said the plan complies with all of the city's codes and issues and the engineering requirements. He said the city wanted to see a connection to Route 47 and sidewalk connected and those have been met. Tom Grant, attorney representing the Marciniak and Fisher families. His clients own the property to the north located in unincorporated Kendall County. His clients have several objections to the plan. The concerns would go away if the proposed roadway to the north was abandoned. He took pictures that morning of Walnut Drive. One showed a view of Route 71. From there, Walnut Drive can barely be seen. In the second picture, he's standing on Walnut Drive and facing north. In the third picture, he's back further on Walnut. And most importantly from his client's perspective, he said, is the fourth picture. There he's looking south into a huge grove of trees. By putting the road through, it would eliminate the grove of trees in his clients' back yards. Grant said he acknowledges that Walnut Drive is a dedicated right of way. However, his clients are asking that the roadway not be opened. Grant said he talked to township highway commissioner Marty Schwartz. He is opposed to the opening of the road. Grant said the road is a very narrow township road. It was never built to handle the type of traffic that is proposed. Also, Grant said there are no turn lanes to Route 71 and he said it's too close to Route 47 to have another access. Grant said he and his clients believe the best plan is to open St. Joseph's Way. That's what the developer originally proposed as well. If you open up Walnut Drive it would be a convenient bypass to get around the intersection putting more traffic on that roadway. If the roadway is opened, he believes there would be a higher risk for traffic accidents. There is sufficient ingress and egress to the subdivision to Route 47 and St. Joseph's Way, he said. i Again, he said his clients' initial concerns were density and the proposed access to Walnut Drive. IF the roadway doesn't open to the subdivision, then the issues are okay. Bob Deco, president of the Fox Highlands Community Association, said St. Joseph's Way is a private drive. He asked what are the city's plans for private roads. He said a letter was sent to the city asking if the city is interested in taking over maintenance of these streets. Community Development Director Travis Miller said city staff did some site visits in the fall and did a preliminary evaluation of that street system. He said the idea will go to City Council for discussion on taking over the right of way. The issue likely would be on the June Economic Development Committee agenda. He said the city likely would be recommending improvements for the road. Miller said the system of the streets was designed to be private. Deco said it sounds as if the city is still in the fact - gathering mode. He added the community association's preference is that the woods remain as it is. He said the association also is concerned about drainage, traffic congestion, safety and general wear and tear on St. Joseph's Way. Deco also said the community association hasn't granted any easement for public use of the private road. If the new development has public streets, the he would like for the streets in Fox Highlands to be public as well. If the city doesn't want to take over the maintenance and care of the streets, then the association would not grant access to St. Joseph's Way, Deco said. Donna Kotler, one of eight homeowners on St. Joseph's Way, said the road cannot handle the amount of traffic this development would force on it. It's a very, tiny narrow street, she said. Kotler asked that members of the Plan Commission come visit St. Joseph's Way before they make any decisions. Richard Marciniak who lives on Walnut Drive said his concern is about safety if Walnut Drive is made as the access. If there's a car crash near Walnut, he said there's actually only one access to the subdivision not two. Also, he said the road is not built for heavy traffic and to redo the road would be costly. He said he would be sorry for the residents on St. Joseph's Way if the road is extended there. However, he said there's at least more access to other roads from that road. David Bucciferro, who lives on Muirfield Court in Yorkville, said The 9.6 acres of land in the proposed development were originally under the arbor protection rules of Yorkville. Also, he said the density of the proposed development is higher than in any other development in the city. He said he would like to know what an emergency access involves. It sounds very misleading. The city would eventually have to put some sort of traffic controlling device in Fox Highlands. Everyone who wants to go to Route 71 would go through it. Shane Mizen, Fox Highlands, resident said he had to pay extra to live next to the woods when he bought his property. There's a lot of wildlife that he enjoys including salamanders. If the property is developed as proposed, he said the land would be completely ruined. Also, he said there are drainage issues to consider. He implored the Plan Commissioners to come look at the property before any decisions are made. Richard Allen of Muirfield Drive in Yorkville said his property is adjacent to St. Joseph's Way. He said he has a lot of concerns. He said he paid a $3,000 surcharge when he bought his property because of the bordering woods. While he understands that nothing lasts forever, and people have the right to own and develop the property in any legal way they choose, and that it disgusts him; that's not what he was at the meeting to address. He's concerned about the private roads. All of the traffic would funnel past his home and he would lose a lot of privacy. Allen said he talked to Gina Cashman, property manager for Fox Highlands, and talked to Miller to discuss the issue of ST. Joseph's Way as an access. Miller told him that the city received a letter from the community association inviting the city to look at making the roads in the subdivision public roads. Miller said the letter wasn't intended to be an invitation so that the city could take over the roadway and make an access to the proposed subdivision. When he told Cashman that St. Joseph's Way might be an access point, but that the city might not be interested in taking over maintenance of the road, she was shocked, Miller said. Personally, he said he's not in favor of St. Joseph's Way as an access because of the potential wear and tear on the road and the burden it would bear on Miller and his neighbors. Allen said his other main concern is drainage. When it rains a lot, his yard floods. If the proposed development is approved, he wanted to know of there's some way to negotiate relief for high groundwater pressure. Resident Dave Schramer said he's been in contact with the staff about the substantial water drain off problem his neighborhood has with the Lennar development now. There are a couple of creeks, or drainage areas, flowing through the property. Recently the flow was changed and now there's a swale going through their backyards. The city gave the property owners some indication that they hope to do something about it. But before more concrete is put there and there's more runoff, something needs to be done. No one else spoke at the public hearing. Lucietto made a motion to close the hearing at 7:42 p.m. Adams seconded the motion. The motion was unanimously approved by voice vote. Action Items Guerard said that in regards to drainage, the developers would comply with all regulations. He said there are basements in the proposed units and he said they'd comply and try to solve any existing drainage issues. With what is planned, the drainage issues should actually be improved. As for traffic and connections to the roadways, everyone wants the traffic to go to Route 47. The only other issue is the secondary or emergency access. He believes that an access to St. Joseph's Way makes the most sense. He's proposing an emergency access there, which could be gated. And, he said the stub is already built. Lucietto asked about Walnut Drive. Guerard said he believes it shouldn't be put in. Since only an emergency access is needed and there's a stub to St. Joseph's Way, there really isn't a need to access Walnut. It also would be very expensive, he said. Miller said the May 1 staff report is included in the board packet. He said the plan was reduced back to 56 units as opposed to 62 units. The density is 5.8 units per acre. R -3 zoning allows for up to 5 units per acre, but 5.8 units could be approved as part of a PUD agreement. Miller added that city staff recommends the suggested elevations and architectural standards go into the PUD agreement. Schillinger asked about requested variances. Guerard said there are no variances now. As for street connections, city staff recommends all three street connections be made including the one to Walnut Drive. Also, Miller said there are some minor adjustments to the concept PUD plan. The city's engineering department said that St. Joseph's Way should be a public street, but if the street remains private, then it would at least have to meet city standards. Lindblom said he doesn't believe there's a safe access at either of the proposed roadways. If something happened near the entrance to block the road, then 70 percent of the homes would be blocked. With that condition, Lindblom said he has a hard time recommending the plan. Crouch agreed with Lindblom's concerns and said that maybe this property isn't ready for development yet. He doesn't believe Walnut Drive should be an access. He likes the proposal to make St. Joseph's Way an emergency access, but that doesn't give an adequate secondary access, as Lindblom suggested. Guerard said the proposal isn't that different from other subdivisions in the city. Schillinger said he appreciates the fact that Guerard has always been willing to work with the city. He agreed with Crouch and said maybe the development is just too early. In response to a Plan Commission question, Miller said the property has R -3 zoning with a concept plan featuring 56 units. The proposal changed to include access to Route 47 and the developer agreed to go above and beyond the architectural requirements. If the plan is voted down, Guerard said he'd come back with a minimal plan. He won't do anything extra. Under the current proposal, the architectural level is above anything currently in the city. Similar units are currently being built in high -priced areas in Kane County, Guerard said. Schillinger said he likes the nicer product, but he has safety concerns. Crouch wanted to clarify that if the Plan Commission votes against the proposal, the developer could still build 56 units on the property. Kraupner said he hopes the city can come to some sort of decision about St. Joseph's Way. He visited the area and said the roads should definitely be kept private. He said the roads are too small. Schillinger said he visited the area as well and said he believes St. Joseph's Way should be a full connection. Guerard, however, said his client doesn't want it. He would prefer a full intersection to Route 47, nothing to Walnut and an emergency only access to St. Joseph's Way. There was also a question about parking for the park. Guerard said he went to the Park District and was advised not to put parking there. Lucietto made a motion to recommend rezoning to a PUD for PC 2004 -18 and PC 2007- 17. Schillinger seconded the motion. The motion was unanimously approved by roll call vote. Kraupner, Holdiman, Lucietto, Adams, Schillinger, Crouch and Lindblom voted yes. Crouch made a motion to recommend the concept PUD plan for PC 2004 -18 and PC 2007 -17. Holdiman seconded the motion. The motion was approved 5 -2. Holdiman, Lucietto, Adams, Crouch and Kraupner voted yes. Schillinger and Lindblom voted no. Lucietto then made a motion to recommend preliminary plan approval for PC 2004 -18 and PC 2007 -17 subject to staff concerns and parking for the park. Adams seconded the motion. The motion was approved 6 -1. Lucietto, Adams, Schillinger, Crouch, Kraupner and Holdiman voted yes. Lindblom voted no. NEW BUSINESS 1. PC 2007 -14 Yorkville Crossings -- Amendment to Annexation and PUD Agreement Attorney John Duggan said he is before the Plan Commission because of the Wal -Mart application. The developer is before the commission to present a concept for the detention area and is asking for modification with respect to multi - family housing in lieu of single - family housing. Also, the developer would like to extend the depth of the commercial area to the southerly side of Crimson. We started the pond in 2003 after discussion with Menards. So rather than having the pond be 64 acres it was reduced to 27 acres. Along with that, the developer is asking to extend the B -3 zoning northerly. And, the commercial property depth was reduced because the developer dedicated land to IDOT in front of the property to widen Route 34, Duggan said. Mike Schoppe of Schoppe Design Associates prepared the concept plan for the detention area. Schoppe said the new plan includes a detention basin that's 40 acres smaller than what was planned. Some of the 40 acres would go to commercial and some would go to residential. The first change takes a road off the property line of the neighboring subdivision and puts single- family homes with same lot sizes next to Prairie Meadows. Also, Schoppe said there are now five accesses to Crimson Lane. Townhomes will replace the planned single - family homes to reduce the number of accesses on Crimson Lane. Miller said the changes since 2000 are highlighted in the staff report for the commissioners to follow. He said city staff recommends approval based on the findings listed. Bill Dunn, with Engineering Enterprises Inc., said that storm water is the main issue, but it appears the city staff and the developer are on the same page. Lindblom asked if there was any potential for contamination of wells for people who live on the south side Route 34 and Tuma Road. Dunn said that has been a concern about the infiltration basin. However, he said the expectation is that the sandy nature of the soils and the fact that they will be going quite deep would be sufficient to filter out the contaminants. But, he said it's a crapshoot. Duggan said the plan change reduces the size of the infiltration basin. Likewise, he said the developer's emphasis has been on best management practices. According to the design, stormwater would go across bioswails. The pond itself has a cleansing capacity and there's a 1400 -foot thick sand filter. There are no guarantees that stormwater can't be contaminated. But, this project doesn't produce contaminants. He said the best management practices in this development are great. There are no commercial or industrial properties that have anything comparable to this property, Duggan added. Lindblom said there's a big difference between this concept and regular ones. Schoppe said this isn't the first infiltration basin planned for the city. There's one in Grande Reserve. It's the first one designed to have all the water go to the basin. Schillinger said the only problem he has with the plan are the townhomes planned on Crimson Lane. He said it would be more suitable for business zoning. Lindblom said he doesn't have a problem with what is being asked for. Lucietto made a motion to recommend approval of an amendment to the annexation and PUD agreement for PC 2007 -14 Yorkville Crossings subject to staff concerns. Adams seconded the motion. The motion was approved 6 -1 in a roll call vote. Adams, Crouch, Kraupner, Holdiman, Lucietto and Lindblom voted yes. Schillinger voted no. 2. PC 2007 -10 Rush- Copley Yorkville Healthcare Center -- Final Plat Attorney John Philipchuck said the property is a two -lot subdivision over 40 acres. Alan Kato is the architect. Phase I is in construction now which features a professional building. Access to that portion is through Veteran's Parkway and the future Beecher Road extension. Kato also went over the landscape plan with includes dense foliage. The plan was developed with Laura Haake and landscape architects and he's very satisfied with the landscape plan. The intersection of Veterans and Beecher will have a water feature and a tower element. As for the building, there will house an ambulatory service area and diagnostic treatment and women's health. The second and third floors are tenant space. The building will feature glass and masonry material. It will be 90 feet high or seven stories. Eventually there will be a hospital and fitness center on the property. Also, Kato said a bike path was added along Veterans and Beecher. Miller said the final plat is consistent with what was approved earlier. As for staff comments, Miller said Lot 5 doesn't include any accessible parking spaces. Technically, the ordinance requires six spaces for the parking lot. However, the proposed plan includes additional accessible parking spaces that are appropriate. He said staff recommends approving the parking plan as submitted allowing the shift in location of accessible spaces. Also, Miller said staff has requested a re- submittal of the final landscape plan to reflect requirements noted for Phase I Site Plan submittal and noting that all landscape ordinance requirements will be met at the time of submittal. Staff recommends approval of the final plan subject to this submission. � Staff also recommends approval subject to addressing all of the comments submitted in the EEI reports. Dunn said things have moved farther along than what is implied in the statements included in the packets. Crouch made a motion to recommend final plat approval for PC 2007 -10 Rush - Copley Healthcare Center final plat subject to staff comments. Lucietto seconded the motion. The motion was unanimously approved by roll call vote. Schillinger, Crouch, Kraupner, Holdiman, Lucietto, Adams and Lindblom voted yes. 3. PC 2007 -11 Fountainview -- Preliminary /final Plat Approval Attorney Dan Kramer, representing the petitioner, said the petitioner is asking for approval subject to final engineering comments. Miller said the plan is consistent with the concept plan. Staff recommends approval subject to staff reports. City Engineer JoeWywrot recommended Fountainview Drive be 39 feet back -to -back within an 80 -foot right -of -way. The proposed plan includes a 30- foot street within a 66 -foot right -of -way. Plan Council has recommended an alternative way to arrive at the same result. Plan Council recommended requiring a 39 -foot back -to- back street within a 66 -foot right -of -way provided the plat include an additional 7 -foot building setback and an easement dedication for the sidewalk. Lucietto made a motion to recommend preliminary /final plat approval for PC 2007 -11 i Fountainview subject to staff concerns. Schillinger seconded the motion. The motion was unanimously approved by roll call vote. Crouch, Kraupner, Holdiman, Lucietto, Adams, Schillinger, and Lindblom voted yes. 4. PC 2007 -15 Grande Reserve Unit 28 — Preliminary Plan Lindblom said this item was removed from the agenda at the petitioner's request. i 5. PC 2007 -09 Cobblestone North Retail — Concept Plan Kramer, representing the petitioner, said the property is a 49 -acre parcel on the west boundary of Eldamain Road. From the northeast corner of the intersection, the only piece the developers don't own is the car repair shop and the spot east where the print shop used to be. I Any plans for development of the property are very conceptual at this point, Kramer said. But plans likely would include retail along Eldamain. The property already is zoned B -3 and annexed. There was some discussion on possible cuts onto Eldamain. Lucietto said she doesn't like right -ins and right -outs and suggested the developer look into some alternatives. Schillinger said he'd like to see a frontage road. Kramer said the county has specific standards that the developer will follow. Lindblom said the plan is a big improvement compared to what was presented the last time. OLD BUSINESS 1. PC 2006 -95 Kleinwachter — Final Plat Kramer, representing the petitioner, said the area where the daycare center will go has changed from where it was located on the preliminary plat. So far, the daycare center is the only identified user. Miller said the plan is in substantial conformance with the preliminary plan and staff recommends approval subject to staff comments. Lucietto made a motion to recommend final plat approval for PC 2006 -95 subject to staff concerns. Holdiman seconded the motion. The motion was unanimously approved by roll call vote. Kraupner, Holdiman, Lucietto, Adams, Schillinger, Crouch and Lindblom voted yes. The meeting adjourned at 9:08 p.m. i I C � A 41' United City of Yorkville g 6 800 Game Farm Road 1636 Yorkville, Illinois 60560 - mot Telephone: 630 -553 -4350 e5� Fax: 630 - 553 -7575 r..dJ� �Z CAE PLEASE SIGN IN, MEETING: P n � � A-d DATE: I " I - N AME COMPANY PHONE NUMBER 5' F ,' E L 3 I J ►� l v l Z i L 1 A TZ--0 �k T- F/5 (W I E C- �- (SCly I ��� r � P � ►�� � .► � .-ern � ������ s � -- s � a � 5h !roe- ha ys s� -sp L e L � T OS &L 7� BLS • I PLEASE SIGN IN MEETING: DATE: NAME STREET ADDRESS _)�,c.�m/� _ �r �.�_��� rte• � �' �� ,,5� ? - ���� 101r11