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Plan Commission Minutes 2007 08-08-07 Page 1 of 4 APPROVED 9/12/071 UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY COUNCIL CHAMBERS Wednesday, August 8, 2007 7:00pm Chairman Anne Lucietto called the meeting to order at 7:02pm. Roll Call: Members present: Sandra Adams, Jeff Baker, Michael Crouch, Tom Lindblom, Clarence Holdiman, Brian Schillinger, Jack Jones, Anne Lucietto. Absent: John Hegeler, Charles Kraupner. A quorum was established Citv Staff And Visitors: Mayor Valerie Burd, Community Development Director Travis Miller, Alderman Jason Leslie, Attorney Dan Kramer, Economic Development Director Lynn Dubajic, Phil Freeman-EEI, Lynette Neal -Depo Court, Mary Block -Sunny Valley Farm LLC, Ed LeCompte -Inland Real Estate, Gerardo Barilla - Yorkville Hill Landscape, Dallas Ingemunson- Attorney, Paula Wilkinson- Realtor, Richard V. Speckman P.E. - Cemcon, Tony Perino -Jake Land Group Minutes: The April 11, 2007 minutes were approved on a motion by Sandra Adams and second by Tom Lindblom. The May 9, 2007 minutes were approved on a motion and second by Brian Schillinger and Sandra Adams, respectively. The July 11, 2007 minutes were approved on a motion by Brian Schillinger and second by Tom Lindblom. All minutes were approved unanimously on a voice vote. Public Hearings Requested by Petitioners 1. PC 2007 -28, Jake Land Group, LLC, petitioner has filed an application with the United City of Yorkville. Kendall County, Illinois, requesting annexation to the United City of Yorkville and zoning to the United City of Yorkville PUD for B -3 Service Business District and R -4 General Residence District uses. The real property consists of approximately 52.44 acres, located at 8614 Route 71, Kendall County Illinois. Page 2 of 4 A motion was made by Baker and seconded by Holdiman to open the Public Hearing. All those intending to speak were sworn in by Chairman Lucietto. See Court Reporter's transcript of Public Hearing. At 7:25pm the Public Hearing was closed on a motion and second by Jones & Crouch respectively. Passed unanimously on a voice vote. Chairman Lucietto asked for comments from the committee members. Crouch said that he had concerns regarding the large retail area not being adjacent to Rte. 71 and being more adjacent to Rte. 126 where there is no access. He said there will be many traffic lights on Rte. 71 and many right -in, right -out access points. However, Attorney Kramer said there will be two major access points on Rt. 71. The main entrance for the development would be off Penman Road if a nearby property develops and a light would be located at Penman. Mr. Kramer noted one of the businesses will be a banquet facility south of Rt. 126. Mr. Couch also said that if there are several traffic lights along this development they would need to be synchronized. Schillinger said that is why frontage or service roads are needed in this development area. However, traffic "stacking" problems can occur with service roads according to Attorney Kramer. Several committee members expressed concern about the traffic flow and the streets. The streets in the townhome area would be private and therefore not maintained by the City. Mr. Lindblom noted that the current design of the streets would be very tight for fire equipment. An engineering study will be done to examine the street concerns. The density of the townhomes was also an issue and it was suggested that more transition area was needed due to that density. Fencing to catch plastic on the northeast side of the property, was also discussed. Landscaping will be incorporated on the other side of the fence to keep people away from the livestock in the area. The height of the fence was also considered and it was noted the fence could serve as a sound barrier as well. A minimum of 3 feet is needed for a buffer according to Travis Miller. Language regarding the fence must be included in the annexation agreement. Ms. Adams expressed great concern for the impact on City wells as a result of additional developments, noting that one was currently down. She added that watering restrictions have been in effect since May 1 Attorney Kramer noted that part of the impact fees is earmarked for water. The current water tower can serve a population of up to 45,000 according to Travis Miller. In view of that, Ms. Adams asked why there were watering restrictions and it is because the City has a conservation ordinance to manage the water. Page 3 of 4 Lindblom shared the water concern and said the Fire Protection District was asked to not conduct drills while the well is undergoing repair. Travis Miller offered several staff comments. He said a meeting had been held between IDOT and the City regarding the access plan and 1000 feet is needed between the intersection of Rt. 126 and 71 and the development entrance and IDOT indicated that a barrier median will be needed. Jeff Freeman said that a temporary lift station will be necessary. Action Items: i. Annexation There was no further discussion and a motion was then made by Crouch and seconded by Adams to accept the annexation. The motion passed unanimously on a roll call vote: Adams -aye, Schillinger -aye, Jones -aye, Baker -aye, Lindblom -aye, Holdiman -aye, Crouch -aye, Lucietto -aye. ii. Zoning It was moved by Lindblom and seconded by Schillinger to accept the zoning request. This motion failed 3 -5 on a roll call vote: Schillinger -nay, Jones -nay, Baker -nay, Lindblom -aye, Holdiman-aye, Crouch -aye, Adams -nay, Lucietto -nay iii.Concept PUD There was a brief discussion of the concerns regarding density, protection of the Block Farm property and landscaping company, preservation of trees and the proposed fence. Crouch questioned if the PUD could be approved since the zoning was not. Crouch moved and Jones seconded to approve the concept PUD. The motion failed 2 -6: Jones -nay, Baker -nay, Lindblom -aye, Holdiman -aye, Crouch -nay, Adams -nay, Schillinger -nay, Lucietto -nay. NEW BUSINESS The revised Steering Committee Framework chart for the Comprehensive Plan update was presented by Travis Miller. He said that a discussion was needed to have 100% consensus for the diagram. The kickoff meeting will be held in September. Lindblom asked if this committee would be a working group or if City staff would handle the details and present them to the committee for their consideration. He said there were too many members if it is a working group, but if City staff makes recommendations, then the number of people is appropriate. Miller said it will be a combination and the committee will chart a course and the staff will do the updates. The group will focus on specific topics and the group vision. Page 4 of 4 Travis Miller said two of the topics to be discussed are land use and transportation. An overlay of the existing plan vs. approved plans will be done and areas of change will be identified. Schillinger also suggested that encroaching towns and their plans should be studied. The plan will be reviewed at least every five years and maybe more frequently according to Miller. Baker asked for current demographics and a compilation of the sites available vs. the actual number of lots platted to determine the percentage of housing. Chairman Lucietto said 50 people attended the recent consortium and she gave a summary of that meeting. Consortium meeting results will also be made available. September 20 is the first meeting of the steering committee. Traffic congestion was the first choice for discussion. IDOT representatives and County Engineer Fran Klaas will also attend. At the November meeting, maintaining the rural nature and historical preservation will be discussed and designated speakers will give presentations. As there was no further discussion or additional business, the meeting was adjourned at 8:25pm on a motion and second by Schillinger and Jones respectively. Minutes respectfully submitted by Marlys Young, Minute Taker I i o United City of Yorkville S L -0 800 Game Farm Road 1 1636 Yorkville, Illinois 60560 Telephone: 630 - 5534350 Fax: 630 - 553 -7575 SCE tv PLEASE SIGN IN MEETING: P 1 Q C i" DATE: �� t NAME COMPANY PHONE NUMBER &) iVZ-1f-Nb I I&h►-L �Si�� 63�^ SS 3 - /S�/ m ��s� �� 1 I V, S�W AN J PIE -eCQZ- Icy S L5 - 4 - 2 S I ORIGINAL UNITED CITY OF YORKVILLE, ILLINOIS I MEETING OF THE �l . PLAN COMMISSION REPORT OF PROCEEDINGS taken at the meeting of the Yorkville Plan Commission for the United City of Yorkville, taken on August 8, 2007, at the hour of 7:00 p.m., before Lynette J. Neal, C.S.R., at 800 Game Farm Road, Yorkville, Illinois. �I I� D- 824807 I. REPO • COURT reporting service 1212 South Naper Boulevard Suite 119 -185 • Naperville, IL 60540 • 630 - 983 -0030 • Fax 630 - 299 -5153 www.depocourt.com 2 1 2 PRESENT: 3 MS. ANNE LUCIETTO, Chairman, 4 MR. MICHAEL CROUCH, 5 MR. BRIAN SCHILLINGER, 6 MR. JEFF BAKER, 7 MR. TOM LINDBLOM, 8 MR. JACK JONES, 9 MR. TRAVIS MILLER, 10 MS. MARLYS YOUNG, 11 MS. SANDRA ADAMS, 12 MR. CLARENCE HOLDIMAN. 13 - - - 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 3 1 CHAIRMAN LUCIETTO: I entertain a motion 2 to open the public hearing for PC 2007 -28, Jake 3 Land Group, LLC, petitioner. 4 MR. BAKER: So moved. 07:03PM 5 MR. ADAMS: Second. 6 CHAIRMAN LUCIETTO: All in favor say - 1 7 aye? 8 (Chorus of ayes.) 9 CHAIRMAN LUCIETTO: Nay? 07:03PM 10 (No response.) 11 CHAIRMAN LUCIETTO: Public hearing is 12 open. 13 MR. KRAMER: Thank you, Madam Chairman. 14 Dan Kramer appearing on behalf of the petitioner. 07:03PM 15 My address is 1107A South Bridge Street, Yorkville 16 Illinois. I am an attorney licensed to practice 17 law in the state of Illinois. 18 We came before you with this 19 original concept probably about two or three 07:03PM 20 months ago as the clients were putting together 21 the assemblage of property. We filed our formal 22 petition asking that the City annex the parcels 23 that are currently not -- some are already in the 24 City -- that you give a recommendation for the DepoCourt Reporting Service (630) 983 -0030 4 1 planned unit development.to the City Council and 2 that overall there be areas within the PUD that 3 would allow B -3 business uses, office uses, and 4 R -4 general residence district. 07:04PM 5 The third item that you see on your 6 agenda is approval of the concept PUD preliminary 7 plan. I have with me tonight Mike Schoppe from 8 Shoppe Design. And, Mike, if I could have you 9 take them through the plan itself. It is roughly 07:04PM 10 52 acres. 11 CHAIRMAN LUCIETTO: Before you start, 12 Mike, me being relatively new to this chairman 13 thing, I would like to swear everyone in for the 14 public portion. Anyone that's going to speak or 07:04PM 15 voice their opinion during the public hearing 16 portion of this, I will ask that you stand and 17 raise your right hand and follow after me in an 18 oath. 19 (The participants were 07:04PM 20 thereupon duly sworn.) 21 CHAIRMAN LUCIETTO: Thank you. 22 MR. SHOPPE: Thank you. Let me go 23 through quickly with you kind of the background as 24 to why we have laid things out the way we have and DepoCourt Reporting Service (630) 983 -0030 5 1 what the components are and hopefully I can 2 address a lot of the questions you might have. 3 As Dan mentioned, not 52 acres, it 4 is actually 91. We have got 91 acres is'the 07:05PM 5 entire -- I'm going to put the plan up and use 6 this as an exhibit. So we have this total -- the I 7 total parcel here is 91 acres, and as you will 8 notice on the plan that there is a couple of small 9 pieces that are not included, three of those in 07:06PM 10 this lighter green color, that are not part of the 11 project. Those are out - parcels. 12 As Dan mentioned, we have got a 13 mixed -use development here of a variety of 14 commercial uses that we are looking from 07:06PM 15 retail to office, banquet facility, as well as one 16 residential type of project, which is the 17 townhomes, over on the southwest portion of the 18 property. 19 We have done a lot of due diligence 07:06PM 20 and a lot of research into the physical 21 characteristics the property, into the utility 22 that will be used to service the property, and all 23 of that research has gone into creating the site 24 plan the way it is being shown here tonight. The DepoCourt Reporting Service (630) 983 -0030 6 1 traffic in these commercial developments is always 2 an important issue. i 3 - We have taken a look at the 4 comprehensive plan and that gave us some guidance 07:06PM 5 on some very important traffic issues, 6 particularly Penman Road, as to how that will -- 7 someday will be planned and how will this plan 8 help to facilitate that. We have taken that into _ 9 account on the east end. This will be Penman Road I 07:07PM 10 extended someday. Currently Penman Road hits 126 11 down about here. 12 What we are doing is providing it 13 in this location so it can be connected to the 14 Block property and eventually extending north up 07:07PM 15 to Van Emmon. And it is important to note that ' I 16 with that spacing from this -- this is the new 17 intersection -- the intersection is currently I 18 under construction of 126 and 71 -- this will be 19 about a half a mile from that intersection. That 07:07PM 20 leaves a nice spacing for another full access 21 point not only into our project but also into the 22 property McKennel (phonetic) property to the 23 north, which is slated to be commercial property 24 as well on the City's comprehensive plan. So that I DepoCourt Reporting Service (630) 983 -0030 7 1 spacing for the future Penman Road, our full 2 access on 71 from the existing intersection makes 3 a lot of sense. 4 We are also looking at access 07:07PM 5 points on Route 126 and that we are looking at a 6 full intersection here and a full intersection, at 7 least on our side of Route 126, down here where we 8 have our banquet facility, and then additionally 9 as we move to the west on Route 71, a 07:08PM 10 right -in /right -out at the very west end of our 11 project, okay, that's a right -in /right -out, as 12 well as east of 126 we would have some other some 13 additional right -in /right -outs, two of them, 14 spaced in- between the full access points, okay. 07:08PM 15 And, yes, is there going to be 16 increased traffic with a project like this? Well, 17 we sure hope so. Will there be increased traffic 18 as Yorkville grows? We sure hope so. That will 19 make the project successful. Will there be need 07:08PM 20 to be road improvements to accommodate that 21 additional traffic? Yes, there certainly will be 22 without a doubt. We don't know what those road 23 improvements are going to be but we do know they 24 are there. Those will be issues that will be DepoCourt Reporting Service (630) 983 -0030 8 1 worked out through the annexation agreement 2 process, but we know there is a commit -- we need 3 to make sure to see to it that we take care of our a 4 share of that responsibility. 07:09PM 5 Stormwater management is another 6 issue. This has been surveyed. We have had good 7 topography that's been created, and you can see 8 the stormwater -- this is an existing pond here, 9 but you can see the other blue areas are our - I 07:09PM 10 stormwater management basins. They have been 11 located to respect the topography on the drainage 12 corridors that lead down to them. The water will 13 be released at the rates that are specified in the 14 City's ordinance, but we have taken look, even 07:09PM 15 at this early conceptual stage, as to how we want 16 to lay out the stormwater management basins. 17 These two particularly, these are 18 going to become the feature areas for the 19 marketing of the development. We are looking -- I 07:09PM 20 believe there is another sketch that you have got 21 in your packet that starts to show how we might 22 design and create some architectural features at 23 this intersection incorporating the lakes as 24 features. There is a general theme that we are i DepoCourt Reporting Service (630) 983 -0030 9 1 going to start to develop for the project, which 2 is an agricultural type of theme. Your 3 comprehensive speaks to that. There is design 4 guidelines at the back of the comprehensive plan 07:1OPM 5 that talk about creating some sort of 6 architectural style and theme that unites a 7 project like this together. 8 Just so happens there is an 9 existing windmill on the site reminiscent of the 07:10PM 10 days when it was an operating farm. Whether we 11 keep that exact windmill or we have a replica of 12 it remains to be seen, but it is our intention, to 13 use that type of icon to start to suggest an 14 agricultural theme and then that will be carried 07:1OPM 15 out in other elements, the signage, the buildings, 16 even the landscaping and fencing potentially along 17 Route 126 and 71. So with the stormwater 18 management basins and other landscape features, 19 the facilities themselves, we will create a design 07:1oPM 20 guideline that pulls off an agricultural theme. 21 The land uses on the east side of 22 Route 126, although we are showing these -- laying 23 these out as retail uses, we have got some large 24 spaces for big -box users, a grocery store, but DepoCourt Reporting Service (630) 983 -0030 10 1 there is a lot of flexibility here. We don't have 2 specific users for properties over on the east i 3 side of the project at this point. We are asking 4 for a concept approval. That concept approval 07:11PM 5 essentially is going to establish the allowable 6 land uses that can go on this piece of property 7 and generally the layout and the placement and the 8 location of those land uses. 9 There is a lot of additional work 07:11PM 10 that needs to be done and brought back to the City 11 in terms of preliminary plans, negotiations on 12 finishing the design guidelines, and the overall 13 character of it. We are here tonight to talk 14 about the land use and the general organization of 07:11PM 15 the plan. i 16 Down here to the southwest we have 17 existing residential areas. We have talked about 18 that. We have had some good input on that as we 19 brought the project forward for the concept 07:i1PM 20 review. The proposal tonight includes -- we have 21 modified it slightly. This proposal tonight 22 includes 90 townhome units in the southwest 23 corner. That equates to a density of about five 24 units per acre in the southwest corner. In DepoCourt Reporting Service (630) 983 -0030 11 1 addition to that we have the banquet facility with 2 its access off of Route 126. 3 This road connection connects with 4 an existing street that's in Country Hills -- I'm 07:12PM 5 sorry, Raintree. And over here we have Country 6 Hills. We have a stormwater basin here as part of 7 Raintree. Country Hills we have got buildings I 8 sitting back here. We have got homes sitting back 9 here. We provide an additional separation between �I 07:12PM 10 our existing buildings and the property lines -- 11 some additional setbacks, I should say, to provide 12 a little more distance and buffering between our 13 residential buildings and the residential , 14 buildings currently in Country Hills 07: 12PM 15 And, again, you should have an j I 16 attachment that starts to show some of the 17 architectural character or general style that we 18 are looking at for the townhomes as well as the 19 banquet facility and you should also be looking at 07:12PM 20 an office prototype, again, trying to set forward, 21 start the discussions, on some of the i 22 architectural styles and guidelines to be 23 implemented in the project, okay? 24 That's the general summary of what DepoCourt Reporting Service (630) 983 -0030 12 1 the plan's about and some of the major components 2 that we have put into the plan and certainly look 3 forward to questions. 4 MR. KRAMER: If I may, just a couple of 07:13PM 5 points. Mike, can you show with the laser the 6 Penman connection to the Block property? 7 MR. SHOPPE: That would be right here. 8 MR. KRAMER: Right. Again, that shows 9 on the comprehensive plan as Penman becoming a 07:13PM 10 collector. We certainly don't mean to take the 11 position that that road's going through. The 12 adjoining owner, we have met with her and her 13 attorney, and they plan on continuing to farm for 14 a good long period of time. So ther -e is basically 07:13PM 15 three things we would look at doing. 16 Number one, if you go back to that 17 intersection, you see there is a stub street in 18 and then we have a street that goes generally 19 north and south before you get to the property 07:13PM 20 line. We would propose, as we have done in some 21 subdivisions in the county, that we would stop the 22 blacktop right at the intersection and would not 23 take the blacktop and stub it all the way to the 24 property line. Because what happens in those DepoCourt Reporting Service (630) 983 -0030 13 1 situations, it tends to be a place where people 2 park, they dump garbage, and it becomes a total 3 nuisance to the neighboring property owner. But 4 we can put in our letter of credit or subdivision 07:14PM 5 bonds, sufficient funds that if that were 6 developed or run through, the pavement is paid for 7 on the balance of our property. That way we don't 8 become a nuisance to the adjoining landowner. 9 I know one of the things that 07:14PM 10 Clarence experienced when I was on the other side 11 of his farmland out next to the grocery stores is 12 sometimes he thought instead of growing corn or 13 soybeans, he was growing plastic bags. It is an 14 unfortunate problem. Some people don't respect 07:14PM 15 other people's property. 16 So what we have tried to do in the I 17 farm /non -farm conflict areas, or farm /nonuse 18 neighbors, is put in a solid fence where we adjoin 19 that property owner and then put some landscaping 07:15PM 20 on the developed side. So you have got something 21 that catches that type of debris and also keeps 22 people away, particularly here where the 23 neighboring owner has livestock as opposed to just 24 row crops. Those are three things we look at DepoCourt Reporting Service (630) 983 -0030 14 1 trying to minimize the conflict. 2 Also the City has adopted the 3 county right -to -farm clause that we usually put on 4 our final plat of subdivision, the language that 07:15PM 5 this owner and future successors that sign lose 6 any right to object to the farming operation. We i 7 certainly have no objection to that right -to -farm 8 clause. Those are some proactive things we do in 9 that respect. Thank you. 07:15PM 10 We will be happy to answer any 11 questions or take other testimony. 12 CHAIRMAN LUCIETTO: Is there anyone in 13 the public that would like to speak? 14 MR. INGAMUNSON: I'm representing Mary 07:16PM 15 Block. You have all been very cooperative in the 16 past about protecting Mary's concerns. As a 17 matter of fact, if you want to get an idea of what 18 the impact of this is, she's having a sale at her 19 place in about ten days, and if you would like to 07:16PM 20 stop out and give her a call to see if it is okay 21 and see how much the animals are being sold for, 22 it shows you what her concern is about protecting 23 her animals from the impact of people who don't 24 care and throw plastic, for instance, over a fence DepoCourt Reporting Service (630) 983 -0030 15 1 which animals ingest and die. These are very 2 important for her and I want you to keep that in 3 mind. We will be in touch and Dan's working 4 cooperatively with us and I appreciate your time. 07:17PM 5 I'm serious about stopping to see what the sale 6 is. You might be surprised. 7 THE REPORTER: Would you identify 8 yourself, please? 9 MR. INGAMUNSON: Dallas Ingamunson. 07: 17PM 10 THE REPORTER: Thank you. 11 CHAIRMAN LUCIETTO: Is there anyone 12 else? Please come forward. Please tell us who 13 you are and where you live. 14 MR. FIALLA: I'm Glen Fia-lla and our 07:17PM 15 property is adjacent to the westerly end of this 16 project. And I wrote a letter to the plan 17 commission. I don't know if you got that in your 18 package. 19 CHAIRMAN LUCIETTO: Yes, we do. 07:17PM 20 MR. BAKER: Yes, I have that. 21 MR. FIALLA: The couple concerns that we 22 have as people living next door, as it were, there 23 is several pine trees in a row that act as a real 24 good buffer between what's there now and what is DepoCourt Reporting Service (630) 983 -0030 16 1 proposed. We would like to see those stay in 2 their entirety and also have a 25 -foot zone where 3 they can't dig close to them and, you know, � 4 destroy their root system or create any problems. 07:18PM 5 The other thing, as it stands right 6 now I have no water problem coming from that 7 property. I'm sure there will be topographical 8 changes when they go through there, and I just 9 certainly hope that it continues that way. There 07:18PM 10 is a pond that's, you know, kind of close over 11 there. 12 The other thing is right now since i 13 there is -- the property is vacant and you can -- 14 there is grass between the pine trees and the end 07:18PM 15 of my property is probably about 15 or 18 feet and 16 they are keeping it somewhat down. The grass has 17 not been cut on that property I don't think all 18 summer. There is thistle this tall. And the 19 other concern I have is where the trees have been 07:19PM 20 cut already along the -- towards 126 and south 21 where it backs up to Raintree and that, some of it 22 has been burned and there is just piles of stuff 23 lying there.. And I'm just wondering if once it is 24 annexed, if it is, what kind of agreement they DepoCourt Reporting Service (630) 983 -0030 17 1 have to keep -- during construction to keep the 2 property maintained in some fashion. 3 The other thing that was in there 4 was the -- obviously the infrastructure that's 07:19PM 5 going to be the -- like the extra traffic and how 6 is that going to be addressed. I have heard some 7 comments already. They do have some proposals on 8 that. That's all I have to say, thank you. 9 CHAIRMAN LUCIETTO: Thank you. 07:20PM 10 MR. KRAMER: Mr. Fialla, do you live in 11 Country Hills? 12 MR. FIALLA: Yes, I do. 13 MR. KRAMER: I didn't know if you were 14 in Raintree or Country Hills. 07:20PM 15 MR. FIALLA: I'm right in the corner 16 where Country Hills and the pond for Raintree is, 17 the existing pond, I kind of live like right 18 through here. Kind of a no -man land right there 19 and some of the trees that are on the border here, 07:20PM 20 a big stand of pine trees that are tagged and 21 numbered, but there is a lot of trees on the fence 22 line, Box Elders and other things, that are 23 actually growing over them, and if they are to be 24 removed, at least try to remove them in such a DepoCourt Reporting Service (630) 983 -0030 I 18 1 manner that none of the pine trees are destroyed, 2 if that can be done. 3 MR. KRAMER: Okay, thank you. 4 CHAIRMAN LUCIETTO: Is there anyone 07:21PM 5 else? 6 MR. GERARD: Hi, my name is Gerard. I 7 am from Yorkville Landscaping, which I own the -- 8 looking at the map -- where are we here -- I own 9 this five acres right here, so it would be this i 07:21PM 10 area. My concern is our building is about 25 feet 11 from the -- their property line to my property 12 line and it is where all the heavy equipment goes 13 through our shop in the back to bring in the trees 14 and things like that. So my concern is it would 07:21PM 15 be too close to my property line. Is there going 16 to be any buffer or fencing for safety for kids in 17 the future? That's my big concern right there. 18 And so to me it has got to be something there to 19 protect the safety of somebody else, kids, for 07:22PM 20 example, because there is a lot of heavy equipment 21 going right there. That's my biggest concern. To 22 me there has got to be fencing or something coming 23 up for safety. 24 MR. SCHILLINGER: If I remember DepoCourt Reporting Service (630) 983 -0030 19 1 correctly, that was an agreement that you had to 2 make when you put your business there. 3 MR. GERARD: Right. And, actually, it 4 has been working pretty good so actually I have to �I 07:22PM 5 bring that up. That's about it. 6 CHAIRMAN LUCIETTO: Thank you. Is there 7 anyone else? I will entertain a motion to close 8 the public hearing? 9 MR. JONES: So moved. 07:22PM 10 MR. SCHILLINGER : Second. 11 CHAIRMAN LUCIETTO: All in favor say 12 aye? 13 (Chorus of ayes.) 14 CHAIRMAN LUCIETTO: Nay? 07:23PM 15 (No response.) 16 CHAIRMAN LUCIETTO: So moved. 17 (This concluded the public 18 hearing portion of the 19 Yorkville Plan 20 Commission meeting, 21 August 8, 2007.) 22 - - - 23 24 DepoCourt Reporting Service (630) 983 -0030 20 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF DU PAGE ) 3 I, Lynette J. Neal, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the Yorkville Plan Commission and that 7 the foregoing Report of Proceedings, Pages 3 8 through 19, inclusive, is a true, correct, and 9 complete transcript of my shorthand notes so taken 10 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 original 18 transcript and copies thereof, signed and 19 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 DepoCourt Reporting Service (630) 983 -0030 21 1 In testimony whereof, I have 2 hereunto set my hand this 30th day of August, 3 A.D., 2007. 4 5 s ( . 6 Lynette Neal 7 CSR No. 084 - 004363 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 U 13:8 blacktop [21 - 12:22, collector Ill - 12:10 credit [11 ­13:4 adopted Ill - 14:2 084 - 004363 [l[ - 21:7 12:23 color [i] - 5:10 crops [l] - 13:24 1 aforesaid [11 - 20:10 Block 13] - 6:14, 12:6, coming [21- 16:6, CROUCH [11 - 2:4 1 agenda ill - 4:6 14:15 18:22 CSR [11- 21:7 ago Ill - 3:20 blue [11- 8:9 comments [11 - 17:7 cut [2] - 16:17, 16:20 1107A[11 - 3:15 agreement [31- 8:1, bonds Ill - 13:5 commercial [3] - 5:14, 126[91- 6:10,6:18, 16:24,19:1 border It] - 17:19 6:1, 6:23 p 7:5, 7:7, 7:12, 9:17, agricultural 13] - 9:2, box Ill - 9:24 COMMISSION ill - D- 824807 Ill- 1:24 9:22, 11:2, 16:20 9:14, 9:20 Box Ill - 17:22 1:7 Dallas Ill - 15:9 15 ill - 16:15 allow [1] - 4:3 BRIAN Ill - 2:5 commission [1] - Dan [3] - 3:14, 5:3, 18 Ill- 16:15 allowable Ill - 10:5 Bridge [1] - 3:15 15:17 5:12 19 [1] - 20:8 animals [31- 14:21, bring 121 - 18:13,19:5 Commission [3] - Dan's [l] - 15:3 14:23,15:1 brought 121 - 10:10, 1:12,19:20, 20:6 days [2] - 9:10, 14:19 2 ANNE [1] - 2:3 10:19 commit Ill - 8:2 debris [1] - 13:21 2007 [3] - 1:13,19:21, annex Ill - 3:22 buffer [21- 15:24, complete [1] - 20:9 density [11 - 10:23 21:3 annexation h] - 8:1 18:16 components [2l - 5:1, design (al - 8:22, 9:3, 2007 -28 [1] - 3:2 annexed 121 - 16:24, buffering [1] - 11:12 12:1 9:19, 10:12 25 [11- 18:10 20:17 building [t] - 18:10 comprehensive [s] - Design [11 - 4:8 25 -foot - 16:2 answer Ill - 14:10 buildings [sl - 9:15, 6:4, 6:24, 9:3, 9:4, [ 1 destroy [i] - 16:4 appearing [1] - 3:14 11:7, 11:10, 11:13, 12:9 destroyed hl - 18:1 3 applies [t] - 20:17 11:14 concept [5] - 3:19, appreciate [l] - 15:4 burned [1] - 16:22 4:6, 10:4, 10:19 develop [11- 9:1 3 Ill- 20 :7 developed [2l - 13:6, approval 13] - 4:6, business Iz] - 4:3, conceptual [i] - 8:15 30th [1] - 21:2 10:4 19:2 concern ]s] - 14:22, 13:20 development [3] - 4:1, architectural 14] - 16:19, 18:10, 18:14, 5:13,8:19 5 8:22, 9:6, 11:17, C 18:17, 18:21 developments Ill - 52 [2] - 4:10, 5:3 11:22 C.S.R [11- 1:15 concerns [2] - , 6:1 area [1] - 18:10 I 15:21 care [21- 8:3, 14:24 die ill - 15:1 7 areas [5] - 4:2, 8:9, concluded Ill - 19:17 carried ill - 9:14 dig Ill - 16:3 I 8 13:17 conflict [21- 13:17, 71 141 - 6:18, 7:2, 7:9, assemblage [i] - 3:21 14:1 catches [1] - 13:21 diligence Ill - 5:19 9:17 certainly 151- 7:21, direction Ill - 20:21 assume [i] - 20:19 connected Ill - 6:13 7:00 [i] - 1:14 12:2, 12:10, 14:7, discussions [i] - attachment li] - 11:16 connection [z] - 11:3, 16:9 11:21 attorney 12] - 3:16, certificate 20:17 12:6 $ [ ] ' distance [11 - 11:12 12:13 connects [�i - 11:3 8121- 1:13, 19:21 August [3] - 1:13, Certified [1] - 20:3 district construction Iz] - ill - 4:4 certified Ill - 20:19 done i 8001i] - 1:15 19:21, 21:2 6:18, 17:1 [ a ] 5:19, 10:10, certify [3] - 20:4, i 12:20, 18:2 aye [2] - 3:7, 19:12 continues [al - 16:9 I door [t] - 15:22 20:11, 20:16 9 ayes (2] - 3:8, 19:13 Chairman 12] - 2:3, continuing ill - 12:13 doubt (i] - 7:22 90111- 10:22 3:13 control Ill - 20:21 . Down [1] - 10:16 91 [3] - 5:4, 5:7 B chairman Ill -•4:12 cooperative [l] _ down [41- 6:11, 7:7, B -3 - 4:3 CHAIRMAN 1s - 3:1, 14:15 Ill [ ] 8:12,16:16 i A � background [i] - 4:23 3:6, 3:9, 3:11, 4:11, cooperatively [11 - i drainage [1] - 8:11 A.D[11 -21:3 backs Ill- 16:21 I 4:21, 14:12, 15:11, 15:4 copies [2] - 20:18, DU Ill - 20:2 I access 151 - 6:20, 7:2, I bags Ill - 13:13 15:19,17:9, 184, due [11 - 5:19 7:4, 7:14, 11:2 BAKER [3] - 2:6, 3:4, 19:6,19:11, 19:14, 20:21 corn [t] - 13:12 duly [l] - 4:20 accommodate Ill - 15:20 19:16 corner 13l - 10:23 dump [11- 13:2 , 7:20 balance [i] - 13:7 changes ill - 16:8 during 121 - 4:15,17:1 account ]i] - 6:9 banquet [al - 5:15, character [2] - 10:13, 10:24, 17:15 , accuracy ill - 20:20 7:8,11:1, 11:19 11:17 correct Ill - 20:8 � correctly [�] - 19:1 E acre ill - 10:24 basin [l] - 11:6 characteristics ill - acres [51- 4:10, 5:3, basins [3] - 8:10, 8:16, 5:21 corridors (1] - 8:12 earlyli] - 8:15 5:4, 5:7, 18:9 9:18 Chorus [z] - 3:8, Council [l] - 4:1 east (a] - 6:9, 7:12, act [11- 15:23 become [z] - 8:18, 19:13 counsel [zl - 20:12 9:21, 10:2 ADAMS l2] - 2:11, 3:5 13:8 CITY[l] - 1:2 Country [71- 11:4, Elders Ill - 17:22 becomes 11:5, 11:7, 11:14, elements [�] - 9:15 addition Ill - 11:1 [ ] - 13:2 City [s] - 1:13, 3:22, additional Is] - 7:13, becoming h1- 12:9 3:24, 4:1, 10:10, 17:11, 17:14, 17:16 Emmon [1] - 6:15 7:21, 10:9, 11:9, behalf [1] - 3:14 14:2 county [z] - 12:21, end lal - 6:9, 7:10, 11:11 between ls] - 7:14, City's [2] - 6:24, 8:14 14:3 15:15, 16:14 11:9, 11:12, 15:24, Clarence 13:10 additionally Ill - 7:8 Ill COUNTY Ill - 20:2 entertain [2] - 3:1, address [2] - 3:15, 5:2 16:14 CLARENCE Ill - 2:12 couple 13] - 5:8, 12:4, 19:7 addressed hl - 17:6 big [3] - 9:24, 17:20, clause [2] - 14:3, 14:8 15:21 entire Ill - 5:5 adjacent [il - 15:15 18:17 clients Ill - 3:20 create [3] - 8:22, 9:19, entirety [1] - 16:2 equates [i] - 10:23 adjoin [1] - 13:18 big -box [1] - 9:24 close [4] - 16:3, 16:10, 16:4 a adjoining [2] - 12:12, biggest ill - 18:21 18:15,19:7 created h] - 8:7 equipment [2] - 18:12, creating [z] - 5:23, 9:5 18:20 DepoCourt Reporting Service (630) 983 -0030 essentially [11 - 10:5 10:14, 11:17, 11:24 i in /right [31- 7:10, law [1] - 3:17 4:12, 12:5 establish [11 - 10:5 generally (21- 10:7, 7:11, 7:13 lay Ill - 8:16 mile Ill - 6:19 2 eventually [11- 6:14 12:18 included [11- 5:9 laying 111 - 9:22 MILLER [1] - 2:9 exact [11- 9:11 GERARD [zj - 18:6, includes [21- 10:20, layout [1] - 10:7 mind Ill - 15:3 example Ill - 18:20 19:3 10:22 lead (1l - 8:12 minimize Ill - 14:1 exhibit [11 - 5:6 Gerard 11] - 18:6 inclusive [11 - 20:8 least [21- 7:7, 17:24 mixed Ill - 5:13 existing [71- 7:2, 8:8, Glen Ill - 15:14 incorporating [11- leaves [11- 6:20 mixed -use Ill - 5:13 9:9, 10:17, 11:4, grass [21- 16:14, 8:23 letter [2l - 13:4, 15:16 modified [13 - 10:21 11:10,17:17 16:16 increased (21- 7:16, licensed [1] - 3:16 months 11j - 3:20 experienced Ill - green [1] - 5:10 7:17 lighter 111 - 5:10 motion 121 3:1, 19:7 13:10 grocery [21- 9:24, infrastructure [1] - LINDBLOM (11 2:7 move Ill - 7:9 extended i1J - 6:10 13:11 17:4 line [6] - 12:20, 12:24, moved (31 - 3:4, 19:9, extending [1] - 6:14 Group 11) - 3:3 INGAMUNSON Ill - 17:22, 18:11, 18:12, 19:16 extra Ill - 17:5 growing 131 - 13:12, 14:14,15:9 18:15 MR [291 - 2:4, 2:5, 2:6, 13:13, 17:23 Ingamunson [1] - 15:9 lines i1J - 11:10 2:7, 2:8, 2:9, 2:12, F grows [11- 7:18 ingest [11- 15:1 live [31- 15:13, 17:10, 3:4, 3:5, 3:13, 4:22, facilitate [11 6:8 guidance [1] - 6:4 input Ill - 10:18 17:17 12:4, 12:7, 12:8, facilities Ill - 9:19 guideline Ill - 9:20 instance 111 - 14:24 livestock Ill - 13:23 14:14, 15:9,15:14, facility (a1 5:15, 7:8, guidelines 131 9:4, instead Ill - 13:12 living Ill - 15:22 15:20, 15:21, 17:10, 10:12, 11:22 intention Ill - 9:12 LLC [11- 3:3 17:12, 17:13, 17:15, 11:1, 11:19 fact [11 14:17 interested Ill - 20:15 located Ill - 8:11 18:3, 18:6, 18:24, Farm (11 - 1:15 ' H I intersection [91- 6:17, location 121- 6:13, 19:3, 19:9, 19:10 6:19, 7:2, 7:6, 8:23, 10:8 MS [31- 2:3, 2:10, 2:11 farm [s1- 9:10, 12:13, `half [1j - 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wrote 111 - 15:16 16:7 topography 121- 8:7, Y 8:11 YORKVILLE 111- 1:2 total 131 - 5:6, 5:7, Yorkville 181- 1:12, 13:2 1:13, 1:15, 3:15, touch 111 - 15:3 7:18, 18:7,19:19, towards 11l - 16:20 20:6 townhome 11l - 10:22 YOUNG 111 - 2:10 townhomes 121 - 5:17, yourself 11l - 15:8 11:18 traffic 161 - 6:1, 6:5, Z 7:16, 7:17, 7:21, zone 111 - 16:2 17:5 transcript 121 - 20:9, 20:18 TRAVIS 11l - 2:9 trees 181 - 15:23, 16:14, 16:19,17:19, 17:20, 17:21, 18:1, 18:13 tried 11l - 13:16 true 11l - 20:8 try 111 - 17:24 trying 121 - 11:20, 14:1 two 131 - 3:19, 7:13, 8:17 type 141- 5:16, 9:2, 9:13, 13:21 U i under 131- 6:18, 20:19, 20:21 unfortunate 111 - 13:14 unit 111 -4:1 j UNITED 111 - 1:2 United 111 - 1:13 unites 111 - 9:6 units 121 - 10:22, 10:24 up 151 - 5:5, 6:14, 16:21,18:23,19:5 users 121- 9:24, 10:2 uses 171- 4:3, 5:14, 9:21, 9:23, 10:6, 10:8 utility 11l - 5:21 vacant 111 - 16:13 Van 111 - 6:15 variety 111 - 5:13 voice 11l - 4:15 DepoCourt Reporting Service (630) 983 -0030