Loading...
Plan Commission Minutes 2007 04-11-07 APPROVED 8/8/07 UNITED CITY OF YORKVILLE PLAN COMNIISSION YORKVILLE CITY HALL COUNCIL CHAMBERS WEDNESDAY, APRIL 11, 2007 Chairman Tom Lindblom called the meeting to order at 7 p.m. ROLL CALL Members present: Charles Kraupner, Clarence Holdiman, Sandra Adams, Brian Schillinger, Michael Crouch and Tom Lindblom. Anne Lucietto and Jack Jones were absent. A quorum was established. VISITORS AND CITY STAFF Community Development Director Travis Miller; City Administrator John Crois; City Attorney John Wyeth; Lynn Dubajic, YEDC; Sara Jo Fisher; Bob Fisher; Rita Kleefisch; Glenn Kleefisch; Bart Marciniak; Lidia Marciniak; Boyd Ingemunson; Gerry Gosselin; Patrick Kinnally; James Sparesos; Phillip Maggio; Matt Schury, Kendall County Record; Dan Kramer; Renee Boweman; and Rich Guerard. PREVIOUS MEETING MINUTES Minutes from the Feb. 14, 2007 meeting were approved without revision. Schillinger made a motion to accept the minutes. Kraupner seconded the motion. The motion was unanimously approved by voice vote. PUBLIC HEARINGS Holdiman made a motion to open the public hearings. Crouch seconded the motion. The motion was unanimously approved in a voice vote. 1. PC 2006 -100 Yorkville- Bristol Sanitary District, petitioner, has filed an application requesting annexation of approximately two acres and a special use permit for a sanitary facility for the same property as well as the approximately 20 acres parcel currently annexed. The property is located directly west of existing sanitary buildings on River Road. See attached. Adams made a motion to close the public hearing. Crouch seconded the motion. The motion was unanimously approved by voice vote. I Action Items Community Development Director Travis Miller said the request to annex two acres is basically a clean -up. It was something the city thought had already been done. The special use request is for a sanitary treatment facility west of the existing building, he said. R -1 zoning required 50 -foot front -yard setbacks, which would put the setback in the middle of River Road. Instead, they're looking at a setback of 40 feet from the centerline and a dedicated right of way. A 10 -foot setback requirement is recommended for all yards (front, sides and rear). Miller said it's a unique way to handle the situation, but that it's a viable option. The Plan Commission went over the findings necessary for a special use permit. In each of the six findings, the commission did not have a concern. Adams made a motion to recommend annexation approval for PC 2006 -100. Holdiman seconded the motion. The motion was unanimously approved by roll call vote. Kraupner, Holdiman, Adams, Schillinger, Crouch and Lindblom voted yes. Kraupner then made a motion to go to public hearing. Adams seconded the motion. The motion was unanimously approved by voice vote. 2. PC 2006 -97 Castle Bank Trust #8342, petitioner, has filed an application with the city requesting annexation and rezoning from Kendall County A -1 to United City of Yorkville B -3 Service Business District and R -4 General Residence District. The real property consists of approximately 13.998 acres located at 2200 Route 47, Yorkville. See attached. Kraupner made a motion to close the public hearing. Adams seconded the motion. The motion was unanimously approved by voice vote. Action Items Miller said staff recommends annexation. The adjoining property is zoned B3 and R2. The one concern staff did pose is that without a development plan, the proposed zoning is the most intensive use for residential. He said it makes it hard to make a recommendation for the proposal for an R -4 zoning without a plan. The staff is recommending the B -3 zoning, but again, there are some concerns about the intensity of R -4 zoning without a site plan. The property has a large stand of oak trees and there's a neighboring existing horse farm. Recent city ordinances would address the saving of the trees, Miller said. He added the city staff would want to see a plan for preserving the trees. Attorney Dan Kramer representing the petitioner said the preservation of trees certainly would be included in the annexation agreement. He said access to the property would remain where it currently is and the grove of trees would be in the front. Without having an end user, Kramer said it wouldn't make sense to do a development plan now. It would just be a guessing game. In the annexation agreement, he said the city should include language limiting the R -4 portion of the property for assisted living or townhomes only. Schillinger said that once zoning is given, the developer has it. He's concerned about a lack of limitations. Lindblom said that the Plan Commission would have to include in its motion to recommend approval but with limited uses for R -4 in its motion. Kramer said because the R -4 usage isn't set in stone, the developer is asking for flex zoning. The property could be entirely developed under B -3 zoning or it could be a mix of B -3 and R -4 with assisted living. Crouch made a motion to recommend annexation for PC 2006 -07. Adams seconded the motion. The motion was unanimously approved by roll call vote. Adams, Schillinger, Crouch, Kraupner, Holdiman and Lindblom voted yes. The Plan Commission then went through the findings necessary for a zoning amendment Going through the list of five findings, the commission determined that the trend in the areas is going toward commercial development. As for impact on traffic conditions, the impact would be about the same whether the property is residential or commercial. Crouch, however, added that a second access would be necessary especially if assisted living is brought to the property. Kramer said there is future ability to connect north and south. Crouch made a motion to recommend zoning approval as requested for PC 2006 -97 with the provision that assisted living housing would be erected if the property was developed with R -4 zoning. Adams seconded the motion. The motion was approved in a 5 -1 vote. Crouch, Kraupner, Holdiman, Adams and Lindblom voted yes. Schillinger voted no. Holdiman then made a motion to go to public hearing. Kraupner seconded the motion. The motion was unanimously approved by voice vote. 3. PC 2007 -08 Corn Holdings, LLC, petitioner, has filed an application requesting rezoning from M -1 Limited Manufacturing District to B -3 Service Business District. The real property consists of approximately 46.44 acres located on the west side of Route 47. See attached. Holdiman made a motion to close the public hearing. Adams seconded the motion. The motion was unanimously approved by voice vote. it Action items Patrick Kinnally, attorney representing the petitioner, stated that the current owner wouldn't be developing the property. Brokers, however, have told the owners that the property would be more valuable and sellable if it was zoned B -3. Miller said the city's comprehensive plan recommended the property be zoned M -1 based on the existing use at the time the plan was developed. Staff, however, recommends the B -3 zoning opening the property up for retail and business uses. Staff also recommends that there be written documentation that the city plans to extend Faxson Road through this property to connect to Route 47 and that it is possible that a future train station/Metra stop would be incorporated on the site. Kraupner asked if the city was targeting two locations for a Metra station. Miller said the other site is the preferred site and that this is the alternate site. But, from a planning standpoint the city needs to keep its options open. The Plan Commission then went through the findings necessary for a zoning amendment. They agreed that the proposal meets four of the findings. As for the traffic impact, connection to Faxson Road would address the issue. Crouch made a motion to recommend rezoning from M -1 to B -3. Adams seconded the motion. The motion was unanimously approved by roll call vote. Crouch, Kraupner, Holdiman, Adams, Schillinger and Lindblom voted yes. NEW BUSINESS 1. PC 2007 -06 Cobblestone South — Final Plat Miller said the preliminary plan for the project was approved in September. He said the final plat is consistent with the preliminary plan. He said the design is unique as necessitated by Mother Nature. Engineering Enterprises and consulting engineer Bill Dunn have brought up several issues, but Miller said they're not insurmountable. Park Planner Laura Haake also has some minor issues. Staff has recommended approval subject to staff comments. Dunn said the developer has gone to great extents to create a detention area under the parking lot. It's a very expensive and very complex undertaking. A little bii of tweaking needs to be done to address a few of the offsite flows onto the property, he said. As for an access point to the property, Dunn said the developer is working with the Illinois Department of Transportation on the issue and is seeking a consensus with neighboring developers. IDOT wants a consensus among the developers along Route 34. In his opinion, approval could be granted subject to staff comments. Miller said if the eastern entrance is re- aligned that would necessitate redoing the final plat. If that happens, he said the Plan Commission could put in its motion that the issue would not have to return to the Plan Commission for a recommendation. Lindblom asked what type of business is the developer looking for. Kramer said ideally, there would be a big box user on the back lot and a restaurant on the front lots. Meanwhile, he said the owner is confident the access won't move more than 100 feet. Miller said IDOT is looking for the city to give a recommendation on the access issue. He said he thinks this location is very close to the preferred alignment. Kraupner made a motion to recommend final plat approval for PC 2007 -06 Cobblestone South subject to engineering concerns and a resolution on the second entrance. Adams seconded the motion. The motion was unanimously approved by roll call vote. Kraupner, Holdiman, Adams, Schillinger, Crouch and Lindblom voted yes. 2. PC 2004 -18 Wynstone Townhomes — Preliminary Plan Developer Rich Guerard said the property was annexed in 2000. In 2003, the developer brought the concept plan to the city. The preliminary plan has essentially the same layout, Guerard said. The original plans were for 56 units and the main access it to the north. The preliminary plan was done with different parking and a future road connection. An attorney appeared representing Fox Highlands residents stating that access to a private road wouldn't be allowed. The city asked the developer to continue exploring access to Route 47. It took two years to negotiate an easement with neighboring property owners and IDOT. He said the developer plans to build a primary access -to Route 47 and will cooperate with commercial property owners to the west of Route 47. The preliminary plan now includes 62 units and the developer is requesting 40 -foot setbacks instead of 50 -foot setbacks. Although the unit count is higher, Guerard said that the product would be upgraded. The developer would go well above what is required in the city's appearance code. The minimum square footage would be 1,400 with an average of about 1,900. Also he said 75 percent of the building fronts would be brick and masonry would be featured on all sides. Other amenities would be included as well. This type of project takes twice as long to sell, Guerard said. Miller said he recommends the city draft a PUD development agreement to include provisions allowing for the requested setback variances; minimum architectural standard exceed the current appearance code requirement; and the current city development fee schedule --per unit amounts. He said the Plan Commission's recommendation to the City Council should be to allow those waivers as part of the PUD agreement. Guerard added that he'd like to design the detention area to preserve the trees. Crouch said the last time this project came to the city, there was a proposed access north. He wondered what happened to that plan. Guerard said it's still an access. It's up to the city as to whether it should be a full- access or an emergency access. Miller said the city recommends a street connection to Walnut. Lindblom said he still has a concern about the accesses. The access to Route 47 and the proposed extension to Walnut, are close enough that there's still only one way into the development. I Secondly, he said he has a hard time recommending approval for variances and setbacks on a project with increased density. Guerard said the density increased in an effort to recoup the cost for taking the access to Route 47. That cost at least $200,000. In turn, he said the developer has offered to upgrade the product. Ultimately that will generate more value in the long run. Crouch said the Plan Commission's role is not to deal with the numbers it takes to make the project go forward. He said he'd have a hard time shedding crocodile tears for the developer when looking at the density. However, he said he does have sympathy for the residents to the north. He'd rather see the northern access be an emergency access only. Guerard said it's the Plan Commission's call. If the Plan Commission doesn't want the higher density, then the developer won't need variances and will adhere to the city's appearance code. Resident Bart Marciniak raised objections to Walnut becoming a full access. He said it should not be a secondary entrance and that only four houses are on the roadway. Resident Rita Kleefisch said the road would be 30 feet in front of her house. It's too close and she doesn't want that much traffic on the road. She said unless the exit is used as an emergency access only, they're in trouble. Lindblom asked how the city could improve Walnut Drive if it isn't a city street. Miller said that the township could make improvements or dedicate it to the city. The road would have to be widened to 60 feet. Right now, he said only one car can go down it. Lindblom said that if the Plan Commission doesn't recommend approval, the developer could still build 56 units and make an access to Walnut Drive. Guerard said that his company is entitled to build. The property already is annexed and zoned. And, he said Walnut is a legally dedicated existing street. He has a legal right to build. Schillinger said he's not trying to fight with the developer. In the past, this developer has been cooperative and willing to work with the city. However, he said the Plan Commission doesn't want to make a mistake. He said he'd rather wait another month and get some questions answered before the Plan Commission votes. Crouch made a motion to table the preliminary plan fro PC 2004 -18 Wynstone Townhomes until next month. Adams seconded the motion. The motion was unanimously approved by roll call vote. Holdiman, Adams, Schillinger, Crouch, Kraupner and Lindblom voted yes. 3. PC 2007 -07 Goodwill Retail Store — Final Plat Miller said Goodwill wants to purchase a portion of lot 3 in the Menard's subdivision. The only issue tonight, he said, is the plat itself. James Sparesos, Archiplan Int'l., Ltd., with Goodwill, said he's worked closely with the city staff and the plan is in compliance. Plans are for a 20,000 square foot Goodwill donation center and retail store. He said there's an existing detention pond on the property and that an in/out entrance is planned that lines up with Veteran's Parkway. The building would feature a decorative block exterior with building elevations. Kraupner said he's excited to hear the store is coming to Yorkville. He then made a motion to recommend final plat approval for PC 2007 -07. Adams seconded the motion. The motion was unanimously approved by roll call vote. Adams, Schillinger, Crouch, Kraupner, Holdiman and Lindblom voted yes. The meeting adjourned at 8:55 p.m. Minutes respectfully submitted by Dina Gipe 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 April 11, 2007, at the hour of 7:00 p.m., at 800 Game Farm Road, in the City of Yorkville, Illinois. REPO • COURT reporting service 1212 South Naper Boulevard • Suite 119 -185 • Naperville, IL 60540 • 630 - 983 -0030 • Fax 630 - 299 -5153 www.depocoui,t.com 2 1 P R E S E N T: I 2 MR. TOM LINDBLOM, Chairman; i 3 MR. CLARENCE HOLDIMAN; 4 MS. SANDRA ADAMS; 5 MR. CHARLES KRAUPNER; 6 MR. MICHAEL CROUCH; 7 MR. BRIAN SCHILLINGER; 8 MR. TRAVIS MILLER; 9 MS. DINA GIPS. 10 11 — — — — — 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 3 1 (Witnesses sworn) 2 CHAIRMAN LINDBLOM: At this time I 3 would entertain a motion to go to public hearing 4 number one. 5 MR. CROUCH: So moved. 6 MR. HOLDIMAN: So moved. Second. 7 MR. CROUCH: Second. 8 CHAIRMAN LINDBLOM: Is there a -- 9 any further discussion on the motion? 10 (No Response) 11 CHAIRMAN LINDBLOM: Hearing none, 12 all in favor signify by saying aye. 13 (A Chorus of Ayes) 14 CHAIRMAN LINDBLOM: Opposed? 15 (No Response) 16 CHAIRMAN LINDBLOM: Motion passes. 17 Item number one is PC 2006 -- Let me do the 18 swearing of the witnesses. If any of you think 19 you're going to speak at any one of the three 20 public hearings, please stand and raise your i 21 right hand. 22 (Witnesses sworn) 23 CHAIRMAN LINDBLOM: PC 2006 -100, 24 Yorkville- Bristol Sanitary District, petitioner, Depo Court Reporting Service (630) 983 -0030 4 1 has filed an application with the United City of 2 Yorkville, Kendall County, Illinois, requesting 3 annexation of approximately two acres and a 4 special use for a sanitary facility for the same 5 property as well as the 20.374 acre parcel 6 currently annexed. 7 The real property is located 8 directly west of the existing Sanitary District 9 buildings on River Road. 10 So we're looking for annexation 11 of the acreage and then approval of the special 12 use. Boyd? 13 WHEREUPON: 14 BOYD INGEMUNSON, 15 having been first duly sworn, testified before 16 the Yorkville Plan Commission as follows: 17 MR. INGEMUNSON: Thank you. Fairly 18 straightforward request. Two -acre annexation is 19 actually clean -up. There was the existing parcel 20 that the Sanitary District is on, now owns a � 21 portion of land on the opposite side of I 22 Blackberry Creek, which after we realized with 23 the last annexation that that portion of land was 24 not ever annexed into the City, and I think when Depo Court Reporting Service (630) 983 -0030 5 1 the City was created they used the creek as the 2 boundary, so we have to do the annexation of that 3 two acres to make sure that land is all 4 contiguous and all annexed into the City, so 5 that's where the annexation comes in. 6 The previous 20 acres was a 7 year and a half to two years ago, the area for 8 the future plant expansion of the Sanitary 9 District obviously to service the future needs of 10 the City. 11 Travis has been working with 12 Ralph Fister with the Sanitary District on some � 13 of the plans for that. Duser Engineering is 14 working on the site plan for that. 15 Some of the issues that are 16 going to come up is the right -of -way. It's going 17 to be a unique piece of property. There are a 18 lot of slopes, a lot of trees, so I think between 19 the staff of the Sanitary District and the City, 20 we're going to be able to work through and come 21 up with the proper right -of -way for future 22 utility expansion. 23 We don't know yet exactly how i 24 much of a setback requirement we're going to have Depo Court Reporting Service (630) 983 -0030 6 1 for our future plant expansion, that was going to 2 be one of the main issues that the staff's 3 working out in the special use terms of making 4 that condition because in R -1 we're going to need 5 a variance or a condition of the special use that 6 allows us to be closer to the road because we 7 only have so much land to work with, and once we 8 determine through the engineers how much land 9 we're going to need, we're going to have to work 10 with the City on coming up with a proper setback 11 for the property. So that's what we're 12 requesting tonight. It's a straightforward 13 request. Thank you. 14 CHAIRMAN LINDBLOM: Okay. Thank 15 you. Is there any questions, comments, 16 statements, from the audience? 17 (No Response) 18 CHAIRMAN LINDBLOM: Hearing none, I 19 would entertain a motion to adjourn the public 20 hearing. 21 MS. ADAMS: So moved. 22 MR. CROUCH: Second. 23 CHAIRMAN LINDBLOM: Moved and 24 seconded. Any discussion on the motion? Depo Court Reporting Service (630) 983 -0030 7 1 (No Response) 2 CHAIRMAN LINDBLOM: Those in favor 3 signify by saying aye. 4 (A Chorus of Ayes) 5 CHAIRMAN LINDBLOM: Opposed? 6 (No Response) 7 CHAIRMAN LINDBLOM: This portion of 8 the public hearing is closed. 9 Item number two, I would now 10 entertain a motion to go into our second public 11 hearing. 12 MR. KRAUPNER: So moved. 13 CHAIRMAN LINDBLOM: Is there a 14 second? 15 MR. HOLDIMAN: Second. 16 CHAIRMAN LINDBLOM: Moved and 17 seconded. Any discussion on the motion? 18 (No Response) 19 CHAIRMAN LINDBLOM: All in favor 20 signify by saying aye. 21 (A Chorus of Ayes) 22 CHAIRMAN LINDBLOM: Opposed? 23 (No Response) 24 CHAIRMAN LINDBLOM: We are now in Depo Court Reporting Service (630) 983 -0030 8 1 public session. PC 2006 -97, Castle Bank Trust 2 Number 8342, petitioner, has filed an application 3 with the United City of Yorkville, Kendall 4 County, Illinois, requesting annexation and 5 rezoning from Kendall County A -1 County 6 Agricultural to the United City of Yorkville B -3 7 Service Business District and R -4 General 8 Residence District. 9 The real property consists of 10 approximately 13.998 acres located at 2200 Route 11 47, Yorkville, Kendall County, Illinois, and they 12 are asking for annexation and zoning on this. 13 Dan? 14 WHEREUPON: 15 DANIEL J. KRAMER, 16 having been first duly sworn, testified before 17 the Yorkville Plan Commission as follows: 18 MR. KRAMER: Thank you. For the 19 record, my name is Daniel J. Kramer. My address 20 is 1107A South Bridge Street, Yorkville, 21 Illinois, 60540. I am an attorney licensed to 22 practice law in the State of Illinois and I 23 represent the petitioner, Castle Bank Trust 24 Number 8342. Depo Court Reporting Service (630) 983 -0030 9 1 This parcel is one that would 2 classify as an in -fill parcel. It's located on 3 the east side of Route 47. It sits contiguous to 4 the City limits on the southern boundary with the 5 parcel that we annexed for the Conover - Fisher 6 property probably about ten years ago when I was 7 sitting next to Tom, and at the time that we 8 annexed that parcel, we did what we would call a 9 floating or a flex zone on the property. 10 On the front of the Conover 11 parcel, which was about 35 or 40 acres, we zoned 12 it B -3 and on the back we gave it an R -4 General 13 Residence District. 14 On our Comprehensive Plan it 15 was one of the sites that the City showed as 16 hoping to get a commuter station ultimately. I 17 know it's been real slow going with the 18 transportation bill, we're not part of METRA yet, 19 so a lot of things have to happen if that would 20 ever come to fruition for the City, but at least 21 when they put that R -4 General Residence District 22 back there, the idea was that that may ripen into 23 a commuter station, and if it did, it would 24 encourage a transit -type density much like you i Depo Court Reporting Service (630) 983 -0030 10 1 see in Geneva or even in some respects in i 2 downtown Aurora, some downtown rejuvenation, try 3 to get people walking, staying out of their cars. 4 In Oswego where you've got the 5 townhouses going right next to the Park and Ride, 6 so people can ride and /or walk next door and 7 literally cut down on some of the congestion. We 8 see very much the same thing with this parcel. 9 Mr. Ratos, who is the owner of 10 the trust, is asking to annex the entire property 11 which is not in right now, he's asking for the 12 front to be B -3 and the back a R -4 as well, 13 General Residence District. 14 When we sit down and write the 15 annexation agreement with the City, we had asked 16 actually to do a flex zoning kind of actually in 17 two different directions. On the B -3 if you did 18 get a good business user for the whole parcel, 19 I'm sure we would like to see it be all business 20 because it generates taxes and less children. 21 The other parcel, he's had two 22 or three people inquiring as far as interest for 23 assisted living, so kind of I've heard some 24 people refer to the level of care needed as the Depo Court Reporting Service (630) 983 -0030 11 1 go go's, the slow go's and the no go's. 2 Well, we've got the slow go's 3 with the active adult town.homes already, we've 4 got nursing homes, but this area is really sorely 5 lacking any assisted living facilities where you 6 could live independently and so on, and so he's 7 had a couple people talk to him about that, and, 8 frankly, the people that have talked to him have 9 said, look, we might want some commercial at the 10 front to make it walkable for our citizens or we 11 may be interested in a whole parcel for assisted 12 living, so that's something we're going to ask 13 the City Council to kind of build in that it 14 could go all one way or the other. 15 Right now Jim doesn't have an 16 end -user for the parcel, he is just trying to 17 bring it in and get the table set that if this 18 comes to fruition and they meet with the City's 19 Comprehensive Plan and has annexation and zoning 20 done. 21 We have no quarrel with Travis' 22 recommendations on the Staff comments and would 23 ask for a favorable recommendation tonight when 24 you go to your actual work session. So we'll be Depo Court Reporting Service (630) 983 -0030 12 1 happy to answer any questions of the public or 2 Commission members. 3 CHAIRMAN LINDBLOM: Okay. Thank 4 you, Dan. Is there comments, questions, from the 5 public? 6 (No Response) 7 CHAIRMAN LINDBLOM: Hearing none 8 then, I would entertain a motion to close public 9 hearing number two. 10 MR. KRAUPNER: So moved. 11 CHAIRMAN LINDBLOM: Is there a 12 second? 13 MS. ADAMS: Second. 14 CHAIRMAN LINDBLOM: Moved and 15 seconded. Any discussion on the motion? 16 (No Response) 17 CHAIRMAN LINDBLOM: Hearing none, 18 those in favor signify by saying aye. 19 (A Chorus of Ayes) 20 CHAIRMAN LINDBLOM: Opposed? 21 (No Response) 22 CHAIRMAN LINDBLOM: Motion passes. 23 (discussion had off 24 the record) Depo Court Reporting Service (630) 983 -0030 13 1 CHAIRMAN LINDBLOM: I would 2 entertain a motion then to go into public hearing 3 for item number three. 4 MR. HOLDIMAN: So moved. 5 MR. KRAUPNER: Second. 6 CHAIRMAN LINDBLOM: Moved and 7 seconded. Further discussion? 8 (No Response) 9 CHAIRMAN LINDBLOM: Hearing none, 10 could we have -- those in favor signify by saying 11 aye? 12 (A Chorus of Ayes) 13 CHAIRMAN LINDBLOM: Opposed? 14 (No Response) 15 CHAIRMAN LINDBLOM: We are now in 16 public hearing for PC 2007 -08, Corn Holdings, 17 LLC, petitioner, has filed an application with 18 the United City of Yorkville, Kendall County, 19 Illinois requesting rezoning from an M -1 Limited 20 Manufacturing District to B -3 Service Business 21 District. 22 The real property consists of 23 approximately 46.44 acres located on the west 24 side of Route 47, directly south and adjacent to Depo Court Reporting Service (630) 983 -0030 14 1 the BNS F railroad tracks. 2 And speaking for the petitioner 3 is? 4 WHEREUPON: 5 PATRICK KINNALLY, 6 having been first duly sworn, testified before 7 the Yorkville Plan Commission as follows: 8 MR. KINNALLY: Hi. My name is 9 Patrick Kinnally, K- I- N- N- A- L -L -Y. I am an 10 attorney admitted to practice in Illinois. My 11 office is at 2114 Deerpath Road in Aurora, 12 Illinois. I am here to speak on behalf of the 13 owners of the property. The owner is here. 14 My clients have owned this 15 property probably for 20 years now, and 16 originally we were approached by Bob Johnson, who 17 was the mayor when Amurol went in, and asked us 18 to give easements so that that facility could be 19 built. We did so without compensation. And this 20 particular parcel was originally part of the 21 Remline parcel. It's approximately 46 acres, 22 it's zoned or annexed into the City as M -1. 23 Bob, who was the mayor then, 24 asked us to annex in, we did that, and right now Depo Court Reporting Service (630) 983 -0030 15 1 it's being farmed, and my client has no intention 2 to develop the property. He owns it and he wants 3 to zone it for business, B -3, which I believe is 4 a less intense use than your M -1 zoning. We're 5 going to sell the property eventually. 6 We have been in discussions 7 with the City prior to Travis being here with 8 respect to whether or not they were going to put 9 one of these facilities like a Park and Ride over 10 in Oswego. We talked to Tony Graff at that time. 11 We are aware and we have talked 12 to the engineers with respect to Faxon Road, we 13 know it's going to be extended, we have seen 14 those plats, we know what the City wants to do 15 with respect to that, they want to dedicate it 16 and we are well aware of that, so I don't have 17 any disagreement with what Travis has written. 18 We're not going to develop the 19 property. My client doesn't have any intention 20 to do that. I know that's a concern of the Plan 21 Commission, but all we're here to do is to ask 22 for the zoning. 23 The property is for sale. Our 24 broker is Mr. Henry Holt from Inland and we are Depo Court Reporting Service (630) 983 -0030 16 1 actively marketing the property. 2 I'll answer any questions that 3 you have to the best of my ability. 4 CHAIRMAN LINDBLOM: Okay. Is there 5 questions or comments from the public? 6 (No Response) 7 CHAIRMAN LINDBLOM: Hearing none 8 then, I would entertain a motion to close the 9 public hearing. 10 MR. HOLDIMAN: So moved. 11 MS. ADAMS: Second. 12 MR. CROUCH: Second. 13 CHAIRMAN LINDBLOM: Moved and 14 seconded. Further discussion on the motion? 15 (No Response) 16 CHAIRMAN LINDBLOM: Hearing none, 17 those in favor signify by saying aye. 18 (A Chorus of Ayes) 19 CHAIRMAN LINDBLOM: Opposed? 20 (No Response) 21 CHAIRMAN LINDBLOM: Public hearing 22 is now closed. 23 (Which were all the 24 proceedings had in Depo Court Reporting Service (630) 983 -0030 17 1 the public hearing 2 portion of the 3 meeting.) 4 --- 000 - -- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 18 1 STATE OF ILLINOIS ) ss: 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M. VITOSH, being first duly I 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois; 8 That she reported in shorthand the 9 proceedings had at the foregoing meeting; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said meeting. 14 IN WITNESS WHEREOF I have hereunto set 15 my han his _ t0LIL_ay of 16 2007. 17 18 19 ' 20 — — = — HRISTI M. VITOSH, C.S.R. 21 CSR License No. 084 - 002883 22 23 24 Depo Court Reporting Service (630) 983 -0030 19 --- oOo - -- 17:4 aforesaid 18:14 boundary 5:2, 9:4 CLARENCE 2:3 084 - 002883 18:24 ago 5:7, 9:6 BOYD 4:12, 4:14 classify 9:2 1107A 8:20 agreement 10:15 BRIAN 2:7 clean -up 4:19 13.998 8:10 Agricultural 8:6 Bridge 8:20 client 15:1, 15:19 20 5:6, 14:15 allows 6:6 bring 11:17 clients 14:14 20.374 4:5 already 11:3 broker 15:24 close 12:8, 16:8 2006 3:17 Amurol 14:17 build 11:13 closed 7:8, 16:22 2006 -10 3:23 and /or 10:6 buildings 4:9 closer 6:6 2006 -9 8:1 annex 10:10, 14:24 built 14:19 comes 5:5,11:18 2007 -0 13:16 annexation 4:3, Business 8:7, 10:18, coming 6:10 2007. 18:18 4:10, 4:18, 4:23, 5:2, 10:19, 13:20, 15:3, comments 6:15, 2114 14:11 5:5, 8:4, 8:12,10:15, 18:8 11:22, 12:4, 16:5 2200 8:10 11:19 commercial 11:9 35 9:11 annexed 4:6, 4:24, Commission 1:1, 4 8:11, 13:24 5:4, 9:5, 9:8, 14:22 < C > 4:16, 8:17,12:2, 40 9:11 answer 12:1, 16:2 C.S.R. 1:8,18:23 14:7, 15:21 46 14:21 application 4:1, 8:2, call 9:8 commuter 9:16, 9:23 46.44 13:23 13:17 care 10:24 compensation 14:19 47 9:3 approached 14:16 cars 10:3 Comprehensive 60540 8:21 approval 4:11 Castle 8:1, 8:23 9:14, 11:19 7:00 1:9,1:9 approximately 4:3, Certified 18:7 concern 15:20 800 1:9 8:10, 13:23,14:21 CHAIRMAN 2:2, 3:2, condition 6:4, 6:5 834 8:2 area 5:7, 11:4 3:8, 3:11, 3:14, 3:16, congestion 10:7 8342 8:24 assisted 10:23, 11:5, 3:23, 6:14, 6:18, Conover 9:10 11:11 6:23, 7:2, 7:5, 7:7, Conover - fisher 9:5 attorney 8:21, 14:10 7:13, 7:16, 7:19, consists 8:9, 13:22 <A> audience 6:16 7:22, 7:24, 12:3, contains 18:14 A -1 8:5 Aurora 10:2, 14:11 12:7, 12:11, 12:14, contiguous 5:4, 9:3 ability 16:3 aware 15:11, 15:16 12:17, 12:20, 12:22, Corn 13:16 able 5:20 aye 3:12, 7:3, 7:20, 13:1, 13:6,13:9, correct 18:13 above- entitled 1:7 12:18, 13:11, 16:17 13:13, 13:15,16:4, Council 11:13 acre 4:5 Ayes 3:13, 7:4, 7:21, 16:7, 16:13, 16:16, COUNTY 4:2, 8:4, acreage 4:11 12:19, 13:12, 16:18 16:19, 16:21 8:5, 8:5, 8:11, 13:18, acres 4:3, 5:3, 5:6, CHARLES 2:5 18:3 8:10, 9:11, 13:23, children 10:20 couple 11:7 14:21 < B > Chorus 3:13, 7:4, created 5:1 active 11:3 B -3 8:6, 9:12, 10:12, 7:21, 12:19, 13:12, Creek 4:22, 5:1 actively 16:1 10:17, 13:20, 15:3 16:18 CROUCH 2:6, 3:5, actual 11:24 back 9:12, 9:22, CHRISTINE 1:8, 3:7, 6:22, 16:12 actually 4:19, 10:16, 10:12 18:6,18:23 CSR 18:24 10:16 Bank 8:1, 8:23 citizens 11:10 currently 4:6 ADAMS 2:4, 6:21, behalf 14:12 City 1:2,1:10, 4:1, cut 10:7 12:13,16:11 believe 15:3 4:24, 5:1, 5:4, 5:10, address 8:19 best 16:3 5:19,6:10, 8:3, 8:6, adjacent 13:24 bill 9:18 9:4, 9:15, 9:20, < D > adjourn 6:19 Blackberry 4:22 10:15, 11:13, 11:18, Dan 8:13,12:4 admitted 14:10 BNSF 14:1 13:18, 14:22, 15:7, Daniel 8:15, 8:19 adult 11:3 Bob 14:16,14:23 15:14 day 18:17 Depo Court Reporting Service (630) 983 -0030 20 dedicate 15:15 facilities 11:5, 15:9 12:7, 12:9, 12:17, 11:13 Deerpath 14:11 facility 4:4, 14:18 13:2, 13:9, 13:16, Kinnally 14:5, 14:8, density 9:24 Fairly 4:17 16:7, 16:9, 16:16, 14:9 determine 6:8 far 10:22 16:21, 17:1 Kramer 8:15, 8:18, develop 15:2, 15:18 Farm 1:9 hearings 3:20 8:19 different 10:17 farmed 15:1 Henry 15:24 KRAUPNER 2:5, DINA 2:9 favor 3:12, 7:2, 7:19, hereunto 18:16 7:12, 12:10, 13:5 directions 10:17 12:18, 13:10, 16:17 HOLDIMAN 2:3, 3:6, directly 4:8, 13:24 favorable 11:23 7:15, 13:4, 16:10 disagreement 15:17 Faxon 15:12 Holdings 13:16 < L > discussion 3:9, filed 4:1, 8:2, 13:17 Holt 15:24 lacking 11:5 6:24, 7:17, 12:15, first 4:15, 8:16, 14:6, homes 11:4 land 4:21, 4:23, 5:3, 12:23, 13:7, 16:14 18:6 hoping 9:16 6:7, 6:8 discussions 15:6 Fister 5:12 hour 1:9 LASALLE 18:3 District 3:24, 4:8, flex 9:9, 10:16 last 4:23 4:20, 5:9, 5:12, 5:19, floating 9:9 law 8:22 8:7, 8:8, 9:13, 9:21, follows 4:16, 8:17, < I > least 9:20 10:13, 13:20, 13:21 14:7 idea 9:22 less 10:20, 15:4 doing 18:8 foregoing 18:11, Illinois 1:2, 1:10, level 10:24 done 11:20 18:12 4:2, 8:4, 8:11, 8:21, License 18:24 door 10:6 frankly 11:8 8:22, 13:19, 14:10, licensed 8:21 down 10:7, 10:14 front 9:10, 10:12, 14:12, 18:1, 18:9 Limited 13:19 downtown 10:2, 11:10 in -fill 9:2 limits 9:4 10:2 fruition 9:20, 11:18 in. 5:5 LINDBLOM 2:2, 3:2; duly 4:15, 8:16, 14:6, future 5:8, 5:9, 5:21, independently 11:6 3:8, 3:11, 3:14, 3:16, 18:6 6:1 INGEMUNSON 4:14, 3:23, 6:14, 6:18, Duser 5:13 4:17 6:23, 7:2, 7:5, 7:7, Inland 15:24 7:13, 7:16, 7:19, < G > inquiring 10:22 7:22, 7:24, 12:3, < E > Game 1:9 intense 15:4 12:7, 12:11, 12:14, easements 14:18 gave 9:12 intention 15:1, 15:19 12:17, 12:20, 12:22, east 9:3 General 8:7, 9:12, interest 10:22 13:1, 13:6, 13:9, encourage 9:24 9:21, 10:13 interested 11:11 13:13, 13:15, 16:4, end -user 11:16 generates 10:20 issues 5:15, 6:2 16:7, 16:13, 16:16, Engineering 5:13 Geneva 10:1 Item 3:17, 7:9, 13:3 16:19, 16:21 engineers 6:8, 15:12 GIPE 2:9 literally 10:7 entertain 3:3, 6:19, give 14:18 live 11:6 7:10, 12:8, 13:2, 16:8 Graff 15:10 < J > living 10:23, 11:5, entire 10:10 J. 8:15, 8:19 11:12 eventually 15:5 Jim 11:15 LLC 13:17 exactly 5:23 < H > Johnson 14:16 located 4:7, 8:10, existing 4:8, 4:19 half 5:7 9:2, 13:23 expansion 5:8, 5:22, hand 3:21, 18:17 look 11:9 6:1 happen 9:19 < K > looking 4:10 extended 15:13 happy 12:1 K- 1- N- N- A -L -L -Y 14:9 lot 5:18, 5:18, 9:19 heard 10:23 Kendall 4:2, 8:3, 8:5, Hearing 3:3, 3:11, 8:11, 13:18 < F > 6:18, 6:20, 7:8, 7:11, kind 10:16, 10:23, < M > i Depo Court Reporting Service (630) 983 -0030 21 M -1 13:19, 14:22, oath 18:7 please 3:20 rejuvenation 10:2 15:4 obviously 5:9 portion 4:21, 4:23, Remline 14:21 M. 1:8, 18:6, 18:23 office 14:11 7:7, 17:2 REPORT 1:6 main 6:2 Okay 6:14, 12:3, practice 8:22, 14:10 reported 18:10 Manufacturing 16:4 previous 5:6 Reporter 18:8 13:20 once 6:7 prior 15:7 represent 8:23 marketing 16:1 one 3:4, 3:17, 3:19, probably 9:6, 14:15 request 4:18, 6:13 matter 1:7 6:2, 9:1, 9:15, 11:14, PROCEEDINGS 1:6, requesting 4:2, 6:12, mayor 14:17,14:23 15:9 16:24, 18:11, 18:15 8:4, 13:19 meet 11:18 Opposed 3:14, 7:5, proper 5:21, 6:10 requirement 5:24 MEETING 1:1, 1:6, 7:22, 12:20,13:13, property 4:5, 4:7, Residence 8:8, 9:13, 18:11, 18:15 16:19 5:17,6:11, 8:9, 9:6, 9:21, 10:13 meeting. 17:3 opposite 4:21 9:9, 10:10, 13:22, respect 15:8, 15:12, members 12:2 originally 14:16, 14:13, 14:15, 15:2, 15:15 METRA 9:18 14:20 15:5, 15:19, 15:23, respects 10:1 MICHAEL 2:6 Oswego 10:4, 15:10 16:1 Response 3:10, MILLER 2:8 owned 14:14 Public 3:3, 3:20, 3:15, 6:17,7:1, 7:6, Motion 3:3, 3:9, owner 10:9,14:13 6:19, 7:8, 7:10, 8:1, 7:18, 7:23, 12:6, 3:16, 6:19, 6:24, owners 14:13 12:1, 12:5, 12:8, 12:16, 12:21, 13:8, 7:10, 7:17,12:8, owns 4:20, 15:2 13:2, 13:16, 16:5, 13:14,16:6, 16:15, 12:15, 12:22, 13:2, 16:9,16:21, 17:1 16:20 16:8, 16:14 put 9:21, 15:8 rezoning 8:5, 13:19 Moved 3:5, 3:6, 6:21, < P > Ride 10:5, 10:6, 15:9 6:23, 7:12, 7:16, P.M. 1:9 right -of -way 5:16, 12:10, 12:14, 13:4, parcel 4:5, 4:19, 9:1, < Q > 5:21 13:6, 16:10, 16:13 9:2, 9:5, 9:8, 9:11, quarrel 11:21 ripen 9:22 MS 2:4, 2:9, 6:21, 10:8, 10:18, 10:21, questions 6:15, River 4:9 12:13,16:11 11:11, 11:16,14:20, 12:1, 12:4,16:2, 16:5 Road 1:9, 4:9, 6:6, 14:21 14:11, 15:12 Park 10:5, 15:9 Route 8:10, 9:3, < N > part 9:18, 14:20 < R > 13:24 name 8:19, 14:8 particular 14:20 R -1 6:4 need 6:4, 6:9 passes 3:16, 12:22 R -4 8:7, 9:12, 9:21, needed 10:24 Patrick 14:5, 14:9 10:12 < S > needs 5:9 PC 3:17, 3:23, 8:1, railroad 14:1 sale 15:23 next 9:7, 10:5, 10:6 13:16 raise 3:20 SANDRA 2:4 No. 18:24 people 10:3, 10:6, Ralph 5:12 Sanitary 3:24, 4:4, none 3:11, 6:18, 10:22, 10:24, 11:7, Ratos 10:9 4:8, 4:20, 5:8, 5:12, 12:7, 12:17, 13:9, 11:8 real 4:7, 8:9, 9:17, 5:19 16:7,16:16 petitioner 3:24, 8:2, 13:22 saying 3:12, 7:3, notes 18:13 8:23, 13:17, 14:2 realized 4:22 7:20, 12:18, 13:10, Number 3:4, 3:17, piece 5:17 really 11:4 16:17 7:9, 8:2, 8:24,12:9, Plan 1:1, 4:16, 5:14, recommendation says 18:7 13:3 8:17, 9:14, 11:19, 11:23 SCHILLINGER 2:7 nursing 11:4 14:7, 15:20 recommendations Second 7:10, 7:14, plans 5:13 11:22 7:15,12:12, 12:13, plant 5:8, 6:1 record 8:19, 12:24 13:5,16:11, 16:12 < O > plats 15:14 refer 10:24 second. 3:6, 3:7, Depo Court Reporting Service (630) 983 -0030 22 6:22 table 11:17 <W> seconded 6:24, talked 11:8, 15:10, walk 10:6 7:17, 12:15,13:7, 15:11 walkable 11:10 16:14 taxes 10:20 walking 10:3 seen 15:13 ten 9:6 wants 15:2, 15:14 sell 15:5 terms 6:3 west 4:8, 13:23 Service 5:9, 8:7, testified 4:15, 8:16, WHEREOF 18:16 13:20 14:6 WHEREUPON 4:13, session 8:1, 11:24 three 3:19, 10:22, 8:14, 14:4 set 11:17, 18:16 13:3 whether 15:8 setback 5:24, 6:10 Tom 2:2, 9:7 whole 10:18, 11:11 Shorthand 18:8, tonight 6:12, 11:23 without 14:19 18:10,18:13 Tony 15:10 WITNESS 18:16 showed 9:15 townhomes 11:3 Witnesses 3:1, 3:18, side 4:21, 9:3, 13:24 townhouses 10:5 3:22 signify 3:12, 7:3, tracks 14:1 work 5:20, 6:7, 6:9, 7:20, 12:18, 13:10, transcript 18:13 11:24 16:17 transit -type 9:24 working 5:11, 5:14, sit 10:14 transportation 9:18 6:3 site 5:14 Travis 2:8, 5:11, write 10:14 sites 9:15 11:21, 15:7, 15:17 written 15:17 sits 9:3 trees 5:18 sitting 9:7 true 18:12 slopes 5:18 Trust 8:1, 8:23, <Y> slow 9:17, 11:1, 11:2 10:10 year 5:7 sorely 11:4 try 10:2 years 5:7, 9:6, 14:15 South 8:20, 13:24 trying 11:16 Yorkville 1:2, 1:10, southern 9:4 tw 7:9 4:2, 4:16, 8:3, 8:6, speaking 14:2 two 4:3, 5:3, 5:7, 8:11, 8:17, 8:20, special 4:4, 4:11, 10:17, 10:21, 12:9 13:18, 14:7 6:3, 6:5 Two -acre 4:18 Yorkville - bristol ss 18:2 3:24 Staff 5:19, 6:2, 11:22 stand 3:20 <U> State 8:22, 18:1, ultimately 9:16 <Z> 18:8 unique 5:17 zone 9:9, 15:3 statements 6:16 United 1:2, 4:1, 8:3, zoned 9:11, 14:22 station 9:16, 9:23 8:6, 13:18 zoning 8:12, 10:16, staying 10:3 user 10:18 11:19, 15:4, 15:22 straightforward utility 5:22 4:18, 6:12 Street 8:20 < Dates > swearing 3:18 <V> april 11, 2007 1:8, sworn 3:1, 3:22, variance 6:5 1:8, 1:8 4:15, 8:16, 14:6, 18:7 VITOSH 1:8, 18:6, 18:23 <T> Depo Court Reporting Service (630) 983 -0030 I c iA$- United City of Yorkville 0 .0 800 Game Farm Road 1636 Yorkville, Illinois 60560 -�� Telephone: 630 -553 -4350 o ®' Fax: 630 -553 -7575 Q �5e K-m.aewwr �RS ClE PLEASE SIGN IN MEETING: n DATE: NAME COMPANY PHONE NUMBER r� I L 10 JA /If Ae,c.ik)i &,- 6o ��q�✓�unSv� 5S S� z 2 9 hn qt%7 6 ID� 647/ 19 5S� / �1llt,�i� IUb6(�ibi�n�ru, �I��c, h��S - 7N -269 all�, G�(c�r — — 203y f\ SV 64y I