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Plan Commission Minutes 2006 06-28-06 Page 1 of 5 WROVED BY THE COMMITT E/ OARD ON: / !3 O(o UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY HALL COUNCIL CHAMBERS WEDNESDAY, JUNE 28, 2006 Chairman Tom Lindblom called the meeting to order at 7 p.m. ROLL CALL Members present: Clarence Holdiman, Anne Lucietto, Bill Davis, Sandra Adams, Brian Schillinger, Jack Jones, Michael Crouch and Tom Lindblom. Member absent: Charles Kraupner. A quorum was established. CITY STAFF AND GUESTS Mayor Art Prochaska; City Attorney John Wyeth; Community Development Director Travis Miller; City Administrator John Crois; Lynn Dubajic, YEDC; consulting engineer Bill Dunn, Engineering Enterprises, Inc.; attorney John Philipchuck; Jason Poppen, Smith Engineering Consultants, Inc. Also, see attached sign -in sheet. PUBLIC HEARINGS Bill Davis made a motion to open the public hearings. Anne Lucietto 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 2006 -22 Richard Marker Associates, Inc., petitioners, have filed an application with the city to annex and rezone. The real property consists of approximately 514 acres east of Route 47 and south of Amendt Road in Kendall County. See attached. Lucietto made a motion to close the public hearings. Jack Jones seconded the motion. The motion was unanimously approved by voice vote. NEW BUSINESS 1. PC 2006 -22 Richard Marker Associates, Inc., application to annex and rezone and preliminary PUD plan approval. Consulting Engineer Bill Dunn, from Engineering Enterprises, Inc., said he's expressed concern about the number of proposed access points on Route 47. He said he's received information from the Illinois Department of Transportation and has forwarded that to city staff. He said IDOT recommended a four -lane cross section for Route 47 with right -in and right -out access to the proposed development. Jones said he doesn't want to limit progress, but he doesn't want to make traffic flow on Route 47 any harder either. Page 2of5 Lindblom said he's also concerned about the number of proposed access points. He then asked about the potential connection to the south on Lot 410 as shown in the plan. John Philipchuck, attorney representing the petitioner, said that potential connection is an option that could see fruition depending on how the neighboring property is developed. He also said that the developers plan to have a private roadway through the commercial segment of the development. People could go from one end of the commercial are to the other without crossing Route 47, he said. Brian Schillinger suggested the developer eliminate a couple of the proposed access points to Route 47 in the middle of the development. That would eliminate some of the traffic flow problems, he said. Philipchuck said that the retailers that come to the development would want to maximize access to Route 47. Lindblom said the number of access points is a real concern and he wants everyone to work together to come up with the best solution possible. Moving on to other comments regarding the proposed development, Lindblom said he didn't see a place big enough for ball fields. Philipchuck said there would be room on the school site and possibly on the Montalbano site next to this one. Community Development Director Travis Miller said this plan fits into the overall parks master plan. The main objective of this development is to maintain green space, he said. Lindblom said the developer also is requesting a special use permit for a gas station and a daycare center. Miller said there hasn't been enough information provided to the city to grant a special use permit at this point. But it could come back to the city in the future. Adams expressed concern about the number of single - family lots that are 10,000 square feet. Philipchuck said most of those lots back up to open space. Dunn said the petitioner has complied with a vast majority of items in the engineering report and has been cooperative. Lucietto made a motion to recommend approval of annexation for PC 2006 -22 as requested. Bill Davis seconded the motion. The motion was unanimously approved in a roll call vote. Holdiman, Lucietto, Davis, Adams, Schillinger, Jones, Michael Crouch and Lindblom voted yes. Lucietto then moved to recommend zoning approval for PC 2006 -22 as presented. Jones seconded the motion. The motion was unanimously approved in a roll call vote. Lucietto, Davis, Adams, Schillinger, Jones, Crouch, Holdiman and Lindblom voted yes. Page 3 of 5 Lucietto moved to recommend approval of the preliminary PUD plan for PC 2006 -22 subject to compliance with staff recommendations. Adams seconded the motion. The motion was unanimously approved by roll call vote. Davis, Adams, Schillinger, Jones, Crouch, Holdiman, Lucietto and Lindblom voted yes. 2. PC 2006 -37 O'Keefe Property Concept Plan (waterpark) Philipchuck, representing the O'Keefe Family Partnership, said the property covers 140 acres adjacent to the east side of Route 47 south of Galena Road and north of Comiels Road. The petition would like to annex and do a four -lot subdivision. The middle parcel would be a water park/family recreational facility. Philipchuck said the potential water park would be open from Memorial Day to Labor Day 10 a.m. to 7 p.m. It would close early enough that there would be no need for lighting. The potential park would feature a wave pool, lazy river, water slides and tubes, a toddler area, concessions, and a gift shop. Initial filling of the water park would take an estimated 1 million gallons of water. It would potentially use about 30,000 gallons of water per day. Philipchuck said the annual water use would equal about what 34 single - family homes use in a year. Philipchuck said the proposed water park would be positive for the community and added that Route 47 already has a number of family uses. Adams wondered if the city would facilities would be able to handle the intended water use. Philipchuck said the park would be filled early in the year and that it operates very conservatively. Schillinger asked about the intended uses for the other three lots. Philipchuck said the property owners are looking to attract other family- centered businesses. Lindblom said he likes the concept and said that he doesn't see this proposal creating a traffic congestion problem on Route 47. Crouch, however, said he foresees a traffic nightmare. Philipchuck said the users would come during the summer when there isn't school Also, the greatest traffic would come and go during non -peak hours. Crouch said he's still fears the potential traffic problems. This isn't near an interstate like Magic Waters in Rockford, it's on a two -lane road, he said. Jones said that the property would likely be developed no matter what and he prefers this to a residential development. Crouch said that while the residential area isn't there yet, it will be developed and this park would back up to it. Also, he said he doesn't think the city's infrastructure could support this venture. And he's concerned about the roads. Page 4of5 Philipchuck said the potential traffic would be staggered. While the park would close at 7 p.m., it isn't like a baseball game when everyone leaves at once. They would all arrive and leave at varying times. Lucietto asked about noise. Philipchuck said that the place would operate during the day and that berming and fencing would be erected around the property. Miller said that city staff recommends straight B -3 zoning on this project, however, there would be an annexation agreement and a development agreement. Davis said that he would like it put in the development agreement that the developer would have to come back to the city if it ever decided to put up lights. 3. PC 2006 -28 Grande Reserve Unit 21 Prelimina ry /Final Plat Philipchuck, the attorney representing the petitioners, said this is a small parcel of about 9.9 acres. It's located east of Kennedy Road and south of Galena Road. The plans are to erect duplexes on 30 lots. Dunn said there are a few technical glitches to be ironed out otherwise all is in order. Crouch made a motion to recommend preliminary /final plat approval for PC 2006 -28 Grande Reserve Unit 21 subject to staff comments. Lucietto seconded the motion. The motion was unanimously approved by roll call vote. Adams, Schillinger, Jones, Crouch, Holdiman, Lucietto, Davis and Lindblom voted yes. 4. PC 2006 -29 Grande Reserve Unit 23 Preliminary /Final Plat Philipchuck said this parcel features 118 single - family lots on 59 acres. This is an age - targeted area. Lucietto said the list of concerns from the engineer seems rather long. Dunn said the revised plats have since arrived at his office and the correct changes have been made. Crouch made a motion to recommend preliminary /final plat approval for PC 2006 -29 Grande Reserve Unit 23 subject to staff comments. Lucietto seconded the motion. The motion was unanimously approved by roll call vote. Schillinger, Jones, Crouch, Holdiman, Lucietto, Davis, Adams and Lindblom voted yes. 5. PC 2006 -30 Grande Reserve Unit 24 Preliminary /Final Plat Philipchuck said this parcel features 59 single - family homes on 36 acres. It is adjacent to Autumn Creek and there is access to it off Kennedy Road. Dunn said that he would like any vote to be subject to engineering approval. The new Blackberry Creek water study would be forthcoming and he would want to include any applicable items from that report into the engineering issues on the project. Jones made a motion to recommend preliminary /final plat approval for PC 2006 -30 Grande Reserve Unit 24 subject to engineering approval. Lucietto seconded the motion. Page 5 of 5 The motion was unanimously approved by roll call vote. Jones, Crouch, Holdiman, Lucietto, Davis, Adams, Schillinger and Lindblom voted yes. 6. PC 2006 -15 Grande Reserve Unit 17 Preliminary /Final Plat Dunn said his office hadn't received the revised plat for this unit. Originally, there were seven plat comments mostly relating to housekeeping issues, he said. He said it would be okay for the plan commission to recommend approval subject to the changes recommend in the engineering comments. Jones said he doesn't like approving something if the paper work isn't ready. Lucietto made a motion to recommend preliminary /final plat approval for PC2006 -15 Grande Reserve Unit 17 subject to engineering approval. Adams seconded the motion. The motion was failed in a 3 -5 roll call vote. Holdiman, Davis, and Lindblom voted yes. Crouch, Lucietto, Adams, Schillinger and Jones voted no. 7. PC 2006 -50 Prairie Point Concept Plan Jason Poppen from Smith Engineering Consultants Inc. said this project is located at Countryside Parkway and wraps around the post office. It's located on 11.6 acres. Smith Engineering Consultants would like to build a new office building on the site. The building would be about 4,500 square foot with 200 employees. The road to serve the development would be private. He added they're not sure yet who the other users would be on the property. For stormwater, the property would use the regional stormwater facility and other new techniques available. Poppen added that the developer isn't planning to ask for any variances. Schillinger asked if the city would allow a three -story building. Lindblom said the fire department is now equipped to fight fires in taller buildings and there is no longer an issue with three -story buildings. Miller said the city code now allows for buildings up to six stories. Lindblom said the proposed office building would be an asset to the community. Crouch made a motion to adjourn the meeting at 8:40 p.m. Lucietto seconded the motion. The motion was unanimously approved by voice vote. 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 June 28, 2006, at the hour of 7:00 p.m., at 800 Game Farm Road, in the City of Yorkville, Illinois. D- 797506 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 P R E S E N T: 2 MR. TOM LINDBLOM, Chairman; 3 MR. CLARENCE HOLDIMAN; 4 MS. SANDRA ADAMS; 5 MS. ANNE LUCIETTO; 6 MR. BILL DAVIS; 7 MR. MICHAEL CROUCH; 8 MR. BRIAN SCHILLINGER; 9 MR. JACK JONES; 10 MR. TRAVIS MILLER; 11 MS. DINA GIPE. 12 A P P E A R A N C E S: 13 MR. JOHN JUSTIN WYETH, Counsel, appeared on behalf of the United 14 City of Yorkville, Illinois. 15 16 - - - - - 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 3 1 CHAIRMAN LINDBLOM: We do have a 2 quorum. I do not see any previous meeting 3 minutes. So with that, I would entertain a 4 motion to go into public hearing. 5 MR. JONES: So moved. 6 MS. LUCIETTO: Second. 7 CHAIRMAN LINDBLOM: Moved and 8 seconded to go to public hearing. Is there any 9 questions or comments? 10 (No Response) 11 CHAIRMAN LINDBLOM: Hearing none, 12 those in favor signify by saying aye. 13 (A Chorus of Ayes) 14 CHAIRMAN LINDBLOM: Opposed? 15 (No Response) 16 CHAIRMAN LINDBLOM: Motion passes 17 and we are now in public hearing. For members of 18 the audience, if you have questions or concerns 19 or statements, would you please stand, raise your 20 right hand and repeat after me? 21 (Witnesses sworn) 22 CHAIRMAN LINDBLOM: John, are you 23 speaking for the petitioner? 24 WHEREUPON: Depo Court Reporting Service (630) 983 -0030 4 1 JOHN F. PHILIPCHUCK, 2 having been first duly sworn, testified before 3 the Yorkville Plan Commission as follows: 4 MR. PHILIPCHUCK: Yes, I am. Good 5 evening. My name is John Philipchuck. I am an 6 attorney with offices at 123 Water Street, 7 Naperville, Illinois, here this evening 8 representing the applicant, Richard Marker 9 Associates. 10 We are presenting the 11 annexation proposal and subdivision, preliminary 12 plat and zoning, for the property consisting of 13 approximately 514 acres located south of Ament 14 Road, east of Illinois Route 47. 15 The property is split by Penman 16 Road, and there is a proposal to extend Walker 17 Road through the property. 18 The Plan Commission has seen 19 our concept plan and gave us some input. We also 20 have had numerous meetings with staff, and as a 21 result, we have made some changes that you 22 probably noted as you did the review on the 23 preliminary. 24 We have reduced the number of IC I Depo Court Reporting Service (630) 983 -0030 II 5 1 lots now to 789. As you noticed, we are 2 requesting R -2 single - family zoning for the 3 residential component, special use, planned 4 development. 5 The commercial component will 6 consist of the B -3 underlying zoning district, 7 again with a special use permit as well. 8 So as we come in with final 9 plans and plats and as we come with in with the 10 various commercial parcels, Plan Commission will 11 have an opportunity to review those specific site 12 plans to review the building locations, what the 13 elevations look like, landscaping, things like 14 that. 15 We have submitted a preliminary 16 landscape plan with this proposal and staff has 17 reviewed it, feels that it is generally compliant 18 with the ordinances of the city. 19 As you are aware, we are not 20 currently contiguous to the corporate limits, we 21 are adjacent to the Montalbano property, which is 22 immediately to the east and north of our 23 property. 24 They have previously entered Depo Court Reporting Service (630) 983 -0030 6 1 into an annexation agreement with the City of 2 Yorkville. 3 We are in the process of 4 discussions with one of the property owners 5 immediately to the north of securing an I 6 annexation corridor, as well as a utility 7 corridor to extend the water and sanitary sewer 8 to our site. 9 In order to develop the site, 10 we have first looked at the Comprehensive Plan 11 and then we have taken into account some of the 12 commercial nodes that were shown in the 13 Comprehensive Plan along Route 47. 14 The residential component 15 follows the suburban neighborhood, and, in fact, 16 the proposed plat with the number of lots that we 17 have comes in at a density below that which would 18 be permitted under the Comprehensive Plan. 19 We are at 1.84 dwelling units 20 per acre, slightly under the density that was 21 approved on the Montalbano property. 22 We are the contract purchasers 23 of the majority of the property, the portion of 24 the commercial corner of Ament and 47. Depo Court Reporting Service (630) 983 -0030 1 The notices have been sent to 2 all of the surrounding property owners and 3 published in the newspaper for the hearing this 4 evening. 5 The single- family component is 6 approximately 38 percent of the site, 196.8 7 acres. The commercial area comprises 86.21 8 acres. 9 As noted on the plan, we have a 10 couple of locations where we have noted there 11 will be limited commercial. 12 Where we are immediately 13 adjacent to a residential area we would 14 anticipate less intense uses, such as office 15 building, similar to probably what will be 16 constructed in the original Heartland in the 17 development off of Route 34. i I 18 The parcel has a couple of 19 neighborhood parks, three of them, located within 20 the development, and we will also have a future 21 school site, almost 20 acres. 22 There were discussions between 23 the park board and the school district about 24 expanding the potential park site that was on the Depo Court Reporting Service (630) 983 -0030 8 1 Montalbano property in exchange for allowing this 2 20 -acre -- approximately 20 -acre parcel to be 3 used by the school district for a school, and, of 4 course, there would be ancillary recreational 5 uses in conjunction because they obviously 6 wouldn't cover the entire parcel, so we've got a 7 tremendous amount of open space within this 8 particular development. 27 percent of the 9 development is open space, over 139 acres. 10 It was originally designed and 11 conceived by Richard Marker to try to make this a 12 very walkable community. 13 We have large open space areas 14 interconnected throughout the subdivision, and 15 within those areas will be a series of path 16 systems, and, in fact, we have approximately I 17 think 7.8 miles of paths within the subdivision. 18 Plan Commission had recommended 19 that we look at including public sidewalks on 20 both sides of our internal streets, which we are 21 incorporating, we have incorporated, into our 22 plan at your suggestion. 23 We have done the interconnect. 24 There was a concern about the emergency access Depo Court Reporting Service (630) 983 -0030 9 1 that we had connecting a couple of the 2 neighborhoods. We have eliminated the emergency 3 access. We put in a public street at that 4 location. 5 We also broke up the length of 6 the block over towards the eastern portion of the 7 development, so we do have a full access with a 8 street connection proposed across Walker Road at 9 this location. 10 There were comments about 11 opening up some park sites so there was better 12 visibility and walkability in and out of public 13 park sites, and we have included that inside of 14 the plan as well. 15 Access to adjoining properties, 16 to the Stewart Farms, property to the east, we 17 have a potential interconnect with the Montalbano 18 property at this location, we have access points 19 along Penman Road at this location, we have 20 access off of Ament Road, we are proposing 21 several -- actually three full access locations I 22 meeting the IDOT standards along Route 47, and 23 then we have indicated where the potential right 24 in, right out access points might be. Depo Court Reporting Service (630) 983 -0030 I 10 1 Those will vary depending on 2 the type of users, what the actual retail centers 3 become. 4 We have looked at those 5 particular right -of -way access points at that 6 time again. 7 As you know, IDOT controls 8 access along Route 47, so we would have to work 9 with IDOT with regard to those particular points 10 and design. 11 Now, we actually don't have 12 direct frontage to Route 47. You will recall 13 that Commonwealth Edison owns their right -of -way 14 along the property, so we will have to obtain 15 easements for crossing the ComEd property and 16 gaining access to Route 47. 17 I failed to mention that the 18 parcel below us, we are also showing that there 19 would be an access at the -- whether that becomes 20 a public street is to be determined as we move 21 forward and as the parcel to the south would come 22 into the city for review also. 23 The minimum lot size within the 24 subdivision is 10,000 square feet. Our typical Depo Court Reporting Service (630) 983 -0030 11 1 lot dimensions are 80 by 150, standard 30 -foot 2 front yard setbacks, 10 -foot side yards. 3 The pathway system 4 interconnects along Ament Road, we are looking at 5 doing improvements to maintain the road profile, 6 same thing with Penman, the extension of Walker 7 Road, that would be a curb and gutter -- 8 CHAIRMAN LINDBLOM: Excuse me. Just 9 for the record, that's Wheeler Road. 10 MR. PHILIPCHUCK: Excuse me. I did 11 say Walker Road. I meant Wheeler Road. Wheeler 12 Road would be a full urbanized cross section. 13 The location of Wheeler will 14 fit the plan that has been presented for the 15 parcel on the west side of Route 47, so as 16 properties to the east develop, they will in turn 17 pick up that line that Wheeler will be extended 18 through the site and continue westerly. 19 You will recall that we were 20 looking at proposing a clubhouse facility in the 21 commercial area. 22 We are in our proposal going to 23 try something a bit unique where we will have 24 some various retail uses maybe in conjunction Depo Court Reporting Service (630) 983 -0030 12 1 with that. 2 There could be a restaurant, 3 could be day care facilities, things like that, 4 associated with that in more of a commercial 5 setting rather than, you know, locating somewhere 6 in the back of the subdivision. 7 The uses that we had asked for, 8 we were looking to have some additional permitted 9 uses that typically would be by special use. 10 We would like to have those 11 uses allowed upfront, the opportunity to have gas 12 stations located somewhere in the commercial 13 area, packaged liquor, day care, nursery or 14 preschool, and drive -up banking facility, and 15 once we were to pick a location, we'd have to 16 come in and receive site plan approval. 17 So that was one of the things 18 that we had asked for as permitted uses within 19 our commercial development. 20 The utilities that service the 21 site, ultimately the city through their 22 consultants, EEI, in looking at an overall plan 23 for this area, part of that plan will include an 24 additional deep well and also some shallow wells, Depo Court Reporting Service (630) 983 -0030 13 1 there will be some storage that will be 2 necessary. 3 We are showing a location of 4 approximately where a possible elevated storage 5 tank would go, where a well could go and 6 treatment facility to be able to provide the 7 water for our development, along with an 8 interconnect with the existing water system, so 9 there would be basically two sources of water to 10 the development. 11 Ultimately why ESD is expanding 12 their FPA to include all this area and the plan 13 here is that there would be a lift station 14 located generally at our southeast corner of the 15 property with a forced main coming out to Penman, 16 up to Ament and then in the easement to fall into 17 the gravity sewer that is up at the Weisman 18 Hughes development along Route 47. 19 As other properties develop to 20 the west, as Montalbano develops, there would be 21 gravity flow sewers that would take all of the 22 effluent to that main pump station and then force 23 mainly to the north. 24 So that's kind of an interim Depo Court Reporting Service (630) 983 -0030 14 1 situation, but as the area develops, the 2 engineering studies are being done to figure a 3 plan that will allow for the overall utility -- 4 for the utilities for all of the southern part of 5 the community. 6 As you know, the ultimate goal 7 is to get the corporate limits down to Caton Farm 8 Road. That can be accomplished through the 9 annexation corridor, through the annexation of 10 the proposed crossing, and then the MPI parcel to 11 the west, so I think the city staff has done an 12 excellent job, and their consultants, in putting 13 together the plans to allow the community to do 14 some real planning and to look forward and to 15 have utilities available to serve these areas as 16 they come in and allow the City of Yorkville to 17 control what kind of development will take place 18 in this area. 19 So this is a first step, if you 20 will, to obtain the annexation corridors and get 21 the utilities started so that some of these other 22 properties in the area can then come in. 23 We have looked at some of the 24 staff comments. We may have a slight Depo Court Reporting Service (630) 983 -0030 I 15 1 disagreement on a couple of things, but I think 2 overall we are pleased. 3 We have some things as far as 4 engineering that we would be looking at further 5 to make determinations as we get closer to final 6 engineering, but I think overall we have 7 addressed most of the requirements of the city 8 ordinances and the requirements and requests of 9 some of the earlier comments we received from the 10 Plan Commission, from the City Council, and from 11 staff. 12 So we feel that the proposal as 13 it's been laid out and planned for certainly 14 falls within the parameters of your Planned Unit 15 Development, we think that the property works 16 well with this very unique plan and fits the 17 Planned Unit Development concept very well. We 18 have a nice mix of uses. 19 We know we have to add to the 20 tax base of the community, so we have provided 21 ample opportunities for commercial development 22 along that corridor. 23 As we all know, it's difficult 24 to locate homes immediately adjacent to a roadway i Depo Court Reporting Service (630) 983 -0030 16 1 like Route 47 because we only see it now as the 2 rural two -lane road, we all know what the future 3 cross - section is. 4 If you can envision Route 59 5 over in the Naperville, Aurora corridor, I think 6 that's kind of the picture that I have in my mind 7 as the future of Route 47 in this area, 8 especially as we approach Caton Farm Road 9 crossing. 10 So we feel that the zoning is 11 appropriate, we think that it is in compliance 12 with the Comprehensive Plan, and we would ask 13 that you would recommend approval of the 14 annexation of the zoning for the R -2 and B -3 15 special use planned unit development, and the 16 preliminary plat of subdivision to the City 17 Council. 18 If you have any further 19 questions, we'd be happy to try and answer them. 20 CHAIRMAN LINDBLOM: Okay. At this 21 time then I would ask for comments, questions, by 22 the general public. 23 First let me ask, is Annette 24 Hatner here? Depo Court Reporting Service (630) 983 -0030 17 1 WHEREUPON: 2 ANNETTE HATNER, 3 having been first duly sworn, testified before 4 the Yorkville Plan Commission as follows: 5 MS. HATNER: Yes, I am. 6 CHAIRMAN LINDBLOM: I'd like -- I 7 just want to let you know that we all received a 8 copy of your email to Travis, and so I'll give 9 you the opportunity to go first. 10 MS. HATNER: Thank you. I'm Annette 11 Hatner. My family owns the 80 acres south of the 12 development east of 47, and we would like to say 13 as a family that we are in support of the 14 Marker's development and we do encourage the 15 Commission to consider commercial development 16 along 47. 17 We would like to see the county 18 and the village and the city be able to maximize 19 the tax revenue available. 20 It would also provide a buffer 21 between the future four -lane Route 47 and 22 residential development, and also we would like 23 to note that the County's Comprehensive Plan does 24 show commercial development, and that Depo Court Reporting Service (630) 983 -0030 18 1 comprehensive plan was created with the voice of 2 the current rural residents that live there. 3 I'd also like to recognize that 4 the Markers have addressed some of my concerns, 5 but I am hoping that the Commission will 6 encourage an improved connection between our 7 property and theirs. 8 I guess what we visualize is 9 more of a Mason Square service road potential 10 along Route 47 as opposed to what they are 11 proposing right now, which is more of a dead -end 12 and then you have -- you would have to go to a 13 road behind the commercial development to access 14 our property, and we're concerned that the 15 potential of our property is limited because we 16 have -- it's an 80 -acre strip, but they are 17 making unlimited access allowed by IDOT, so we 18 would like to see the interconnects maximized 19 between the development, and in addition to the 20 commercial access, maybe allow us a residential 21 stub like they have proposed next to us. And 22 thank you. 23 CHAIRMAN LINDBLOM: Okay. Thank 24 you. Okay. Who else has questions or concerns? Depo Court Reporting Service (630) 983 -0030 I i I 19 1 (No response) 2 CHAIRMAN LINDBLOM: John, you are 3 getting off easy. 4 MR. PHILIPCHUCK: You're not done 5 yet, are you? 6 CHAIRMAN LINDBLOM: No, I am not. 7 Other questions or concerns for the petitioner? 8 (No Response) 9 CHAIRMAN LINDBLOM: Hearing none 10 then, I would entertain a motion to close the 11 public hearing. 12 MS. LUCIETTO: So moved. 13 MR. JONES: Second. 14 CHAIRMAN LINDBLOM: No. All those 15 in favor signify by saying aye. 16 (A Chorus of Ayes) 17 CHAIRMAN LINDBLOM: Opposed? 18 (No Response) 19 CHAIRMAN LINDBLOM: Motion passes. 20 (discussion had off 21 the record) 22 CHAIRMAN LINDBLOM: This was the 23 case of PC 2006 -22, Richard Marker Associates, 24 Incorporated, petitioners, have filed an Depo Court Reporting Service (630) 983 -0030 20 1 application with the United City of Yorkville, 2 Kendall County, Illinois, requesting annexation 3 to the City of Yorkville and rezoning from 4 Kendall County A -1 to United City of Yorkville 5 Planned Unit Development containing R -2 6 One- Family Residence District and B -3 Service 7 Business District. 8 The real property consists of 9 approximately 514 acres southeast of Route 47 and 10 south of Ament Road in Kendall County, Illinois. 11 (Which were all the 12 proceedings had in 13 the public hearing.) 14 --- 000 - -- 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 21 1 STATE OF ILLINOIS ) ss: 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M. VITOSH, being first duly 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 public hearing; 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 public hearing. 14 IN WITNE WHEREOF I have hereunto set 15 my hand this p� day of 16 2006. 17 18 19 20 ___ CHRISTINE M. VITOSH, C.S R. 21 CSR License No. 084 - 002883 22 23 24 Depo Court Reporting Service (630) 983 -0030 Yorkville Plan Commissio 22 June 28, 2006 084 - 002883 21:24 actual 10:2 areas 8:13, 8:15, 3:22, 11:8, 16:20, 1.84 6:19 actually 9:21, 10:11 14:15 17:6, 18:23, 19:2, 10,000 10:24, 10:24 ADAMS 2:4 associated 12:4 19:6, 19:9, 19:14, 10 -foot 11:2 add 15:19 Associates 4:9, 19:17, 19:19, 19:22 123 4:6 addition 18:19 19:23 changes 4:21 139 8:9 additional 12:8, attorney 4:6 Chorus 3:13, 19:16 15 11:1 12:24 audience 3:18 CHRISTINE 1:8, 196.8 7:6 addressed 15:7, Aurora 16:5 21:6, 21:23 20 7:21 18:4 available 14:15, City 1:2, 1:10, 2:15, 20 -acre 8:2, 8:2 adjacent 5:21, 7:13, 17:19 5:18, 6:1, 10:22, 2006 -2 19:23 15:24 aware 5:19 12:21, 14:11, 14:16, 2006. 21:18 adjoining 9:15 aye 3:12, 19:15 15:7, 15:10, 16:16, 27 8:8 aforesaid 21:14 Ayes 3:13, 19:16 17:18, 20:1, 20:3, 30 -foot 11:1 agreement 6:1 20:4 34 7:17 allow 14:3, 14:13, CLARENCE 2:3 38 7:6 14:16, 18:20 <B> close 19:10 4 9:22, 10:8, 11:15, allowed 12:11, 18:17 B -3 5:6, 16:14, 20:6 closer 15:5 17:12 allowing 8:1 back 12:6 clubhouse 11:20 47 4:14, 6:13, 6:24, almost 7:21 banking 12:14 Corned 10:15 10:12, 10:16, 13:18, Ament 4:13, 6:24, base 15:20 comes 6:17 16:1, 16:7, 17:16, 9:20, 11:4, 13:16, basically 13:9 coming 13:15 17:21, 18:10, 20:9 20:10 become 10:3 comments 3:9, 9:10, 514 4:13, 20:9 amount 8:7 becomes 10:19 14:24, 15:9,16:21 59 16:4 ample 15:21 behalf 2:14 commercial 5:5, 7.8 8:17 ancillary 8:4 behind 18:13 5:10, 6:12, 6:24, 7:7, 789 5:1 ANNE 2:5 below 6:17, 10:18 7:11, 11:21, 12:4, 7:00 1:9,1:9 Annette 16:23, 17:2, better 9:11 12:12, 12:19, 15:21, 80 11:1, 17:11 17:10 BILL 2:6 17:15, 17:24, 18:13, 80 -acre 18:16 annexation 4:11, bit 11:23 18:20 800 1:9 6:1, 6:6, 14:9,14:9, block 9:6 Commission 1:1, 86.21 7:7 14:20, 16:14, 20:2 board 7:23 4:3, 4:18, 5:10, 8:18, answer 16:19 BRIAN 2:8 15:10, 17:4,17:15, anticipate 7:14 broke 9:5 18:5 <A> appeared 2:14 buffer 17:20 Commonwealth A -1 20:4 applicant 4:8 building 5:12, 7:15 10:13 able 13:6, 17:18 application 20:1 Business 20:7, 21:8 community 8:12, above - entitled 1:7 approach 16:8 14:5, 14:13, 15:20 Access 8:24, 9:3, appropriate 16:11 compliance 16:11 9:7, 9:15, 9:18, 9:20, approval 12:16, <C> compliant 5:17 9:21, 9:24, 10:5, 16:13 C.S.R. 1:8, 21:23 component 5:3, 5:5, 10:8, 10:16, 10:19, approved 6:21 care 12:3, 12:13 6:14, 7:5 18:13, 18:17, 18:20 approximately 4:13, case 19:23 Comprehensive accomplished 14:8 7:6, 8:2, 8:16,13:4, Caton 14:7, 16:8 6:10, 6:13, 6:18, account 6:11 20:9 centers 10:2 16:12, 17:23, 18:1 acre 6:20 area 7:7, 7:13, 11:21, certainly 15:13 comprises 7:7 acres 4:13, 7:7, 7:8, 12:13, 12:23,13:12, Certified 21:7 conceived 8:11 7:21, 8:9,17:11, 20:9 14:1, 14:18,14:22, CHAIRMAN 2:2, 3:1, concept 4:19, 15:17 across 9:8 16:7 3:7, 3:11, 3:14, 3:16, concern 8:24 I Depo Court Reporting Service (630) 983 -0030 Yorkville Plan Commissio 23 June 28, 2006 concerned 18:14 easements 10:15 favor 3:12, 19:15 concerns 3:18, 18:4, <D> east 4:14, 5:22, 9:16, feel 15:12, 16:10 18:24, 19:7 D- 797506 1:24 11:16, 17:12 feels 5:17 conjunction 8:5, DAVIS 2:6 eastern 9:6 feet 10:24 11:24 day 12:3, 12:13, easy 19:3 figure 14:2 connecting 9:1 21:17 Edison 10:13 filed 19:24 connection 9:8, 18:6 dead -end 18:11 EEI 12:22 final 5:8, 15:5 consider 17:15 deep 12:24 effluent 13:22 First 4:2, 6:10, consist 5:6 density 6:17, 6:20 elevated 13:4 14:19, 16:23, 17:3, consisting 4:12 depending 10:1 elevations 5:13 17:9, 21:6 consists 20:8 design 10:10 eliminated 9:2 fit 11:14 constructed 7:16 designed 8:10 email 17:8 fits 15:16 consultants 12:22, determinations 15:5 emergency 8:24, 9:2 flow 13:21 14:12 determined 10:20 encourage 17:14, follows 4:3, 6:15, containing 20:5 develop 6:9, 11:16, 18:6 17:4 contains 21:14 13:19 engineering 14:2, force 13:22 contiguous 5:20 Development 5:4, 15:4, 15:6 forced 13:15 continue 11:18 7:17, 7:20, 8:8, 8:9, entered 5:24 foregoing 21:11, contract 6:22 9:7, 12:19, 13:7, entertain 3:3, 19:10 21:12 control 14:17 13:10, 13:18, 14:17, entire 8:6 forward 10:21, 14:14 controls 10:7 15:15, 15:17, 15:21, envision 16:4 four -lane 17:21 copy 17:8 16:15, 17:12, 17:14, ESD 13:11 FPA 13:12 corner 6:24, 13:14 17:15, 17:22, 17:24, especially 16:8 front 11:2 corporate 5:20, 14:7 18:13, 18:19, 20:5 evening 4:5, 4:7, 7:4 frontage 10:12 correct 21:13 develops 13:20, excellent 14:12 full 9:7, 9:21, 11:12 corridor 6:6, 6:7, 14:1 exchange 8:1 future 7:20, 16:2, 14:9, 15:22, 16:5 difficult 15:23 Excuse 11:8, 11:10 16:7, 17:21 corridors 14:20 dimensions 11:1 existing 13:8 Council 15:10, 16:17 DINA 2:11 expanding 7:24, Counsel 2:13 direct 10:12 13:11 < G > COUNTY 17:17, disagreement 15:1 extend 4:16, 6:7 gaining 10:16 17:23, 20:2, 20:4, discussion 19:20 extended 11:17 Game 1:9 20:10, 21:3 discussions 6:4, extension 11:6 gas 12:11 couple 7:10, 7:18, 7:22 gave 4:19 9:1, 15:1 District 5:6, 7:23, general 16:22 course 8:4 8:3, 20:6, 20:7 < F > generally 5:17, cover 8:6 doing 11:5, 21:8 F. 4:1 13:14 created 18:1 done 8:23, 14:2, facilities 12:3 getting 19:3 cross 11:12 14:11, 19:4 facility 11:20, 12:14, GIPE 2:11 cross - section 16:3 down 14:7 13:6 give 17:8 crossing 10:15, drive -up 12:14 fact 6:15, 8:16 goal 14:6 14:10, 16:9 duly 4:2, 17:3, 21:6 failed 10:17 gravity 13:17, 13:21 CROUCH 2:7 dwelling 6:19 fall 13:16 guess 18:8 CSR 21:24 falls 15:14 gutter 11:7 curb 11:7 family 17:11, 17:13 current 18:2 < E > far 15:3 currently 5:20 earlier 15:9 Farm 1:9, 14:7, 16:8 < H > easement 13:16 Farms 9:16 hand 3:20, 21:17 Depo Court Reporting Service (630) 983 -0030 Yorkville Plan Commissio 24 June 28, 2006 happy 16:19 job 14:12 14:23 <N> Hatner 16:24, 17:2, John 2:13, 3:22, 4:1, looking 11:4, 11:20, name 4:5 17:5, 17:10, 17:11 4:5, 19:2 12:8, 12:22, 15:4 Naperville 4:7, 16:5 Hearing 3:4, 3:8, JONES 2:9, 3:5, lot 10:23, 11:1 necessary 13:2 3:11, 3:17, 7:3, 19:9, 19:13 lots 5:1, 6:16 neighborhood 6:15, 19:11, 21:11, 21:15 JUSTIN 2:13 LUCIETTO 2:5, 3:6, 7:19 hearing. 20:13 19:12 neighborhoods 9:2 Heartland 7:16 newspaper 7:3 hereunto 21:16 <K> next 18:21 HOLDIMAN 2:3 Kendall 20:2, 20:4, < M > nice 15:18 homes 15:24 20:10 M. 1:8, 21:6, 21:23 No. 19:14, 21:24 hoping 18:5 kind 13:24, 14:17, main 13:15, 13:22 nodes 6:12 hour 1:9 16:6 mainly 13:23 none 3:11, 19:9 Hughes 13:18 maintain 11:5 north 5:22, 6:5, majority 6:23 13:23 <L> Marker 4:8, 8:11, note 17:23 <1> laid 15:13 17:14,19:23 noted 4:22, 7:9, 7:10 IDOT 9:22, 10:7, landscape 5:16 Markers 18:4 notes 21:13 10:9,18:17 landscaping 5:13 Mason 18:9 noticed 5:1 Illinois 1:2, 1:10, large 8:13 matter 1:7 notices 7:1 2:15, 4:7, 4:14, 20:2, LASALLE 21:3 maximize 17:18 number 4:24, 6:16 20:10, 21:1, 21:9 length 9:5 maximized 18:18 numerous 4:20 immediately 5:22, less 7:14 meant 11:11 nursery 12:13 6:5, 7:12,15:24 License 21:24 MEETING 1:1, 1:6, improved 18:6 lift 13:13 3:2, 9:22 improvements 11:5 limited 7:11, 18:15 meetings 4:20 <0> in. 14:22 limits 5:20,14:7 members 3:17 - oath 21:7 include 12:23, 13:12 LINDBLOM 2:2, 3:1, mention 10:17 obtain 10:14, 14:20 included 9:13 3:7, 3:11, 3:14, 3:16, MICHAEL 2:7 obviously 8:5 including 8:19 3:22, 11:8, 16:20, miles 8:17 office 7:14 Incorporated 8:21, 17:6, 18:23, 19:2, MILLER 2:10 offices 4:6 19:24 19:6, 19:9, 19:14, mind 16:6 Okay 16:20, 18:23, incorporating 8:21 19:17, 19:19,19:22 minimum 10:23 18:24 indicated 9:23 line 11:17 minutes 3:3 once 12:15 input 4:19 liquor 12:13 mix 15:18 one 6:4, 12:17 inside 9:13 live 18:2 Montalbano 5:21, One - family 20:6 intense 7:14 locate 15:24 6:21, 8:1, 9:17, 13:20 open 8:7, 8:9, 8:13 interconnect 8:23, located 4:13, 7:19, Motion 3:4, 3:16, opening 9:11 9:17, 13:8 12:12, 13:14 19:10, 19:19 opportunities 15:21 interconnected 8:14 locating 12:5 move 10:20 opportunity 5:11, interconnects 11:4, location 9:4, 9:9, Moved 3:5, 3:7, 12:11, 17:9 18:18 9:18, 9:19,11:13, 19:12 Opposed 3:14, interim 13:24 12:15, 13:3 MPI 14:10 18:10,19:17 internal 8:20 locations 5:12, 7:10, MS 2:4, 2:5, 2:11, order 6:9 9:21 3:6, 17:5,17:10, ordinances 5:18, look 5:13, 8:19, 19:12 15:8 <J> 14:14 original 7:16 JACK 2:9 looked 6:10, 10:4, originally 8:10 Depo Court Reporting Service (630) 983 -0030 Yorkville Plan Commissio 25 June 28, 2006 overall 12:22, 14:3, 15:14, 15:17, 16:15, 20:13, 21:11, 21:15 retail 10:2, 11:24 15:2, 15:6 20:5 published 7:3 revenue 17:19 owners 6:4, 7:2 planning 14:14 pump 13:22 review 4:22, 5:11, owns 10:13, 17:11 plans 5:9, 5:12, purchasers 6:22 5:12, 10:22 14:13 put 9:3 reviewed 5:17 plat 4:12, 6:16, putting 14:12 rezoning 20:3 <P> 16:16 Richard 4:8, 8:11, P.M. 1:9 plats 5:9 19:23 packaged 12:13 please 3:19 <Q> right -of -way 10:5, parameters 15:14 pleased 15:2 questions 3:9, 3:18, 10:13 parcel 7:18, 8:2, 8:6, points 9:18, 9:24, 16:19, 16:21, 18:24, Road 1:9, 4:14, 4:16, 10:18, 10:21, 11:15, 10:5, 10:9 19:7 4:17, 9:8, 9:19, 9:20, 14:10 portion 6:23, 9:6 quorum 3:2 11:4, 11:5, 11:7, 11:9, parcels 5:10 possible 13:4 11:11, 11:11, 11:12, park 7:23, 7:24, potential 7:24, 9:17, 14:8, 16:2, 16:8, 9:11, 9:13 9:23, 18:9, 18:15 <R> 18:9, 18:13, 20:10 parks 7:19 preliminary 4:11, R -2 5:2, 16:14, 20:5 roadway 15:24 part 12:23, 14:4 4:23, 5:15, 16:16 raise 3:19 Route 4:14, 6:13, particular 8:8, 10:5, preschool 12:14 rather 12:5 7:17, 9:22, 10:8, 10:9 presented 11:14 real 14:14, 20:8 10:12, 10:16, 11:15, passes 3:16, 19:19 presenting 4:10 recall 10:12, 11:19 13:18, 16:1, 16:4, path 8:15 previous 3:2 receive 12:16 16:7, 17:21, 18:10, paths 8:17 previously 5:24 received 15:9, 17:7 20:9 pathway 11:3 probably 4:22, 7:15 recognize 18:3 rural 16:2, 18:2 PC 19:23 PROCEEDINGS 1:6, recommend 16:13 Penman 4:15, 9:19, 20:12, 21:11, 21:15 recommended 8:18 11:6, 13:15 process 6:3 record 11:9, 19:21 <S> per 6:20 profile 11:5 recreational 8:4 SANDRA 2:4 percent 7:6, 8:8 properties 9:15, reduced 4:24 sanitary 6:7 permit 5:7 11:16, 13:19, 14:22 regard 10:9 saying 3:12 19:15 permitted 6:18, 12:8, property 4:12, 4:15, repeat 3:20 says 21:7 12:18 4:17, 5:21, 5:23, 6:4, REPORT 1:6 SCHILLINGER 2:8 petitioner 3:23, 19:7 6:21, 6:23, 7:2, 8:1, reported 21:10 school 7:21, 7:23, petitioners 19:24 9:16, 9:18, 10:14, Reporter 21:8 8:3, 8:3 PHILIPCHUCK 4:1, 10:15, 13:15, 15:15, representing 4:8 Second 3:6,19:13 4:4, 4:5, 11:10, 19:4 18:7, 18:14, 18:15, requesting 5:2, 20:2 seconded 3:8 pick 11:17, 12:15 20:8 requests 15:8 section 11:12 picture 16:6 proposal 4:11, 4:16, requirements 15:7, securing 6:5 place 14:17 5:16, 11:22, 15:12 15:8 seen 4:18 Plan 1:1, 4:3, 4:18, proposed 6:16, 9:8, Residence 20:6 sent 7:1 4:19, 5:10, 5:16, 14:10, 18:21 residential 5:3, 6:14, series 8:15 6:10, 6:13, 6:18, 7:9, proposing 9:20, 7:13, 17:22, 18:20 serve 14:15 8:18, 8:22, 9:14, 11:20, 18:11 residents 18:2 Service 12:20, 18:9, 11:14, 12:16, 12:22, provide 13:6, 17:20 Response 3:10, 20:6 12:23, 13:12, 14:3, provided 15:20 3:15, 19:1, 19:8, set 21:16 15:10, 15:16, 16:12, public 3:4, 3:8, 3:17, 19:18 setbacks 11:2 17:4, 17:23, 18:1 8:19, 9:3, 9:12, restaurant 12:2 setting 12:5 Planned 5:3, 15:13, 10:20, 16:22, 19:11, result 4:21 several 9:21 Depo Court Reporting Service (630) 983 -0030 Yorkville Plan Commissio 26 June 28, 2006 sewer 6:7, 13:17 stations 12:12 <U> WHEREOF 21:16 sewers 13:21 step 14:19 ultimate 14:6 WHEREUPON 3:24, shallow 12:24 Stewart 9:16 Ultimately 12:21, 17:1 Shorthand 21:8, storage 13:1, 13:4 13:11 whether 10:19 21:10, 21:13 Street 4:6, 9:3, 9:8, underlying 5:6 will 5:5, 5:10, 7:11, show 17:24 10:20 unique 11:23, 15:16 7:15, 7:20, 8:15, showing 10:18,13:3 streets 8:20 Unit 15:14, 15:17, 10:1, 10:12, 10:14, shown 6:12 strip 18:16 16:15, 20:5 11:13, 11:16, 11:17, side 11:2, 11:15 stub 18:21 United 1:2, 2:14, 11:19, 11:23, 12:23, sides 8:20 studies 14:2 20:1, 20:4 13:1, 13:1, 14:3, sidewalks 8:19 subdivision 4:11, units 6:19 14:17, 14:20, 18:5 signify 3:12, 19:15 8:14, 8:17, 10:24, unlimited 18:17 within 7:19, 8:7, similar 7:15 12:6,16:16 upfront 12:11 8:15, 8:17, 10:23, single - family 5:2, submitted 5:15 urbanized 11:12 12:18,15:14 7:5 suburban 6:15 users 10:2 WITNESS 21:16 site 5:11, 6:8, 6:9, suggestion 8:22 uses 7:14, 8:5, Witnesses 3:21 7:6, 7:21, 7:24, support 17:13 11:24,12:7, 12:9, work 10:8 11:18, 12:16, 12:21 surrounding 7:2 12:11, 12:18, 15:18 works 15:15 sites 9:11, 9:13 sworn 3:21, 4:2, utilities 12:20, 14:4, WYETH 2:13 situation 14:1 17:3, 21:7 14:15,14:21 size 10:23 system 11:3,13:8 utility 6:6, 14:3 slight 14:24 systems 8:16 <Y> slightly 6:20 yard 11:2 somewhere 12:5, <V> yards 11:2 12:12 <T> various 5:10, 11:24 Yorkville 1:2, 1:10, sources 13:9 tank 13:5 vary 10:1 2:15, 4:3, 6:2, 14:16, south 4:13, 10:21, tax 15:20, 17:19 village 17:18 17:4, 20:1, 20:3, 20:4 17:11, 20:10 testified 4:2, 17:3 visibility 9:12 southeast 13:14, theirs 18:7 visualize 18:8 20:9 three 7:19, 9:21 VITOSH 1:8,21:6, <Z> southern 14:4 throughout 8:14 21:23 zoning 4:12, 5:2, space 8:7, 8:9, 8:13 together 14:13 voice 18:1 5:6, 16:10, 16:14 speaking 3:23 TOM 2:2 special 5:3, 5:7, towards 9:6 12:9, 16:15 transcript 21:13 <W> < Dates > specific 5:11 Travis 2:10, 17:8 walkability 9:12 june 28, 2006 1:8, split 4:15 treatment 13:6 walkable 8:12 1:8, 1:8 Square 10:24, 18:9 tremendous 8:7 Walker 4:16, 9:8, ss 21:2 true 21:12 11:6, 11:11 staff 4:20, 5:16, try 8:11, 11:23, 16:19 Water 4:6, 6:7, 13:7, 14:11, 14:24, 15:11 turn 11:16 13:8, 13:9 stand 3:19 two 13:9 Weisman 13:17 standard 11:1 two -lane 16:2 wells 12:24 standards 9:22 type 10:2 west 11:15, 13:20, started 14:21 typical 10:24 14:11 State 21:1, 21:8 typically 12:9 westerly 11:18 statements 3:19 Wheeler 11:9, 11:11, station 13:13, 13:22 11:11, 11:13, 11:17 Depo Court Reporting Service (630) 983 -0030