Plan Commission Minutes 2005 01-12-05 Page 1 of 6
APPROVED 5-11-05
UNITED CITY OF YORKVILLE
PLAN COMMISSION
YORKVILLE CITY HALL COUNCIL CHAMBERS
WEDNESDAY,JANUARY 12, 2005
Chairman Tom Lindblom called the meeting to order at 7 p.m.
ROLL CALL
Members present: Charles Kraupner, Clarence Holdiman, Anne Lucietto, Bill Davis,
Sandra Adams, Brian Schillinger, Jack Jones, Michael Crouch and Tom Lindblom.
A quorum was established.
VISITORS
Mayor Art Prochaska; Alderman Richard Sticka; John Wyath, city attorney; City Planner
Mike Schoppe; Lynn Dubajic, Yorkville Economic Development Corporation; attorney
John Philipchuck; Tim Winters; attorney Charles Kopecky; Rich Guerard; Kendall
County Township highway commissioner Marty Schwartz; John McVickers; David
Bauman; Sarah Fischer; and John Whitehouse, EEI. Also, see attached sign-in sheet.
MINUTES
Minutes from the September 15, 2004 Joint City Council and Plan Commission meeting
were approved. Minutes from the November 10, 2004 Plan Commission meeting were
approved after a change was made to reflect that Anne Lucietto was in attendance at the
meeting, but needed to leave early.
PUBLIC HEARINGS
The Plan Commissioners voted to hold the public hearing and discuss new business
concerning item 2 (PC 2004-31) on the agenda first.
2. PC 2004-31 McVickers Yorkville LLC petition for a PUD.
See attached.
NEW BUSINESS
2. PC 2004-31 McVickers Yorkville LLC petition for a PUD.
The petitioners are seeking a PUD plan with setback variations, which would eliminate
the side yard setback between lots and.
City Attorney John Wyath said the original annexation agreement clearly states that the
responsibility goes with the land and is the obligation of future owners. Chairman
Lindblom asked why the petitioners are choosing not to honor that part of the agreement.
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John McVickers said they didn't choose not to honor the agreement. Rather, they aren't
focusing on that particular paragraph of the document as closely as other have.
He would like to see if there is a compromise, which would allow the developers to
install a buffer that would please residents without using that 30 feet of land. Certain
types of landscaping might provide a better buffer than 30 feet of grass, he said.
Commissioner Michael Crouch said he's not sure the developers could offer a
compromise. The surrounding landowners feel as if they've been compromised enough,
he said. He said the developer needs to abide by the 30 feet setback stated in the
agreement.
McVickers said they dropped the intended special use request for a gas station because
residents were opposed and they wanted to come forth with a good faith effort.
Commissioner Anne Lucietto said the commission needs to listen to residents and the
residents are very adamant about keeping the 30 feet in tact.
Crouch made a motion to approve the request for a PUD as stated in PC 2004-31.
Commissioner Bill Davis seconded the motion. The motion was unanimously rejected.
Commissioners Charles Kraupner, Clarence Holdiman, Bill Davis, Sandra Adams, Brian
Schillinger, Jack Jones, Michael Crouch and Tom Lindblom voted no. Anne Lucietto
abstained.
The commission then voted to return to the public hearing items on the agenda.
PUBLIC HEARINGS
5. PC 2004-35 Yorkville Farms Development, LLC and Stewart Farms, LLC
petition to annex and rezone.
See attached.
After closing the public hearing, the commission voted to discuss PC 2004-35 under new
business.
NEW BUSINESS
5. PC 2004-35
Commissioner Jack Jones said he likes the 12,000 square foot minimum lot sizes in the
plan. Meanwhile, Commissioner Brian Schillinger requested that consideration be given
to the Bauman property as David Bauman requested during the public hearing.
Jones made a motion to recommend annexation of PC 2004-35. Lucietto seconded the
motion. The motion was unanimously approved in a roll call vote. Holdiman, Lucietto,
Davis, Adams, Schillinger, Jones, Crouch, Kraupner and Lindblom vote yes.
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Lucietto made a motion to recommend rezoning for PC 2004-35. Crouch seconded the
motion. Schillinger then asked to make an amendment to the motion to include the
requirement to adhere to design guidelines. Crouch seconded that motion. The
amendment was unanimously approved in a roll call vote. Lucietto, Davis, Adams,
Schillinger, Jones, Crouch, Kraupner, Holdiman and Lindblom voted yes.
The recommendation for rezoning was unanimously approved in a roll call vote. Davis,
Adams, Schillinger, Jones, Crouch, Kraupner, Holdiman, Lucietto and Lindblom voted
yes.
PUBLIC HEARINGS
1. PC 2004-06 Centex Homes petition to annex and rezone.
See attached.
3. PC 2004-32 River Oaks Property Development request to rezone.
See attached.
4. PC 2004-33 Midwest Development petition to annex and rezone.
See attached.
NEW BUSINESS
1. PC 2004-06 Centex Homes
City Planner Mike Schoppe said the plan complies with the city's Comprehensive Plan.
While the densities are higher than the Comprehensive Plan allows, there's also a large
amount of open space to offset those densities, he said.
Jones asked why the developer eliminated retail space in favor of putting in more
condominiums. Kevin Stowe for Centex Homes said Centex Homes didn't eliminate any
retail space. In fact, Centex Homes isn't building on the Northgate commercial property,
which is attached to the Centex Homes property. Mid-America actually owns the
commercial portion of the property and gave Centex Homes the boundary, Stowe said.
Still, Jones said he's against the increased density of the condos. Also, Crouch said he's
like to see the lot sizes for single-family homes increased. Stowe, however, said if they
increase the lot sizes, they would have to decrease the amount of open space. He also
added that the overall density of the plan has slightly decreased since the last plan was
presented to the commission.
Overall, he said the plan presented features about 240 acres of open space and the
Bertram farm, which is about 2.2 acres, will remain a farm site.
Schillinger said his overall concern is density. He said he understands the city is getting a
regional detention facility with the property, but the density is still too high.
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Jones said it feels as if the city is being held hostage.
Schoppe said the city would have another opportunity to review the proposal when the
preliminary plan comes back to the Plan Commission.
Schillinger made a motion to recommend approval of annexation as requested in PC
2004-06. Adams seconded the motion. The motion was unanimously approved in a roll
call vote. Adams, Schillinger, Jones, Crouch, Kraupner, Holdiman, Lucietto, Davis and
Lindblom voted yes.
Schillinger then made a motion to recommend approval for rezoning as presented on the
plat displayed for PC 2004-06. Kraupner seconded the motion. The motion was approved
7-2 in a roll call vote. Jones, Kraupner, Holdiman, Lucietto, Davis, Adams, and Lindblom
voted yes. Schillinger and Crouch voted no.
3. PC 2004-32 River Oaks Property Development LLC
Schillinger asked if this request fell under a special use permit. Mayor Art Prochaska said
the city has worked out this type of agreement before. Rather than issuing a special use
permit, guidelines and requirements can be outlined in a development agreement.
Crouch made a motion to recommend rezoning for PC 2004-32 as requested, subject to a
development agreement. Lucietto seconded the motion. The motion was unanimously
approved in a roll call vote. Jones, Crouch, Kraupner, Holdiman, Lucietto, Davis, Adams,
Schillinger and Lindblom voted yes.
6 PC 2004-18 Wynstone Townhome Development—Concept preliminary plan
Rich Guerard from Wyndham Deerpoint Homes said the proposed plan is to build 56
units in a proposed townhome development. He said the developers would like to create a
detention area to save the some of the trees on the property and they are currently doing a
tree study.
The proposal calls for 4-unit and 5-unit buildings all with two-car garages. There also
would be 50 guest parking spaces installed. Guerard said the proposed units have a
residential look to them and the size of the units varies from a minimum of 1,533 square
feet to 2,300 square feet.
Marty Schwartz, Kendall Township highway commissioner, read a letter, which he had
written to City Administrator Tony Graff. The letter states that in April 2004, he was
approached by two residents who live at the south end of Walnut Street. They had
requested the township vacate the right of way between their two houses. Since then, he
received notice from the city informing him that there is a developer who wants to
connect to Walnut.
As road commissioner, he asked that Walnut not be used as a street to the new
development. Vacation of the right of way has already started. Also, he said the street
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was not built for the traffic the development would bring. Schwartz also said he believes
the additional traffic would decrease property values for the houses on Walnut Street.
Lindblom, however, said he has a concern with one-way in to the proposed subdivision.
Resident Sarah Fischer said Walnut Street is partially in her driveway. The way the
development is proposed, she said there wouldn't be 200 feet between her home and
Walnut Street.
Lindblom told Guerard that is looks as if he has some problems to solve before the
proposed development can progress.
7. PC 2004-24 Caledonia—Final Plat
Schoppe said there are a few outstanding issues, otherwise it looks good. Lucietto
recommend approval of the final plat for PC 2004-24 subject to staff comments. Davis
seconded the motion. The motion was unanimously approved in a roll call vote. Crouch,
Kraupner, Holdiman, Lucietto, Davis, Adams, Jones and Lindblom voted yes. Schillinger
abstained.
8 PC 2001-06 Grande Reserve Unit 10— Preliminary/Final Plat
Attorney John Phillipchuck said that the plats for Unit 10 and 11 are in substantial
conformance with the concept plan and he asks for approval. Schoppe said he
recommends approval of the plan.
John Whitehouse with Engineering Enterprises, Inc. added that approval should also be
subject to compliance with the width of utility easements.
Lucietto made a motion to recommend approval of the preliminary/final plat for PC
2001-06 Unit 10 as requested subject to staff concerns and final engineering. The motion
was unanimously approved in a roll call vote. Crouch, Kraupner, Holdiman, Lucietto,
Davis, Adams, Jones and Lindblom voted yes. Schillinger abstained.
9 PC 2001-06 Grande Reserve Unit 11 — Preliminary/Final Plat
Lucietto made a motion to recommend approval of the preliminary/final plat for PC
2001-06 Unit 11 as requested subject to staff concerns and final engineering. The motion
was unanimously approved in a roll call vote. Crouch, Kraupner, Holdiman, Lucietto,
Davis, Adams, Jones and Lindblom voted yes. Schillinger abstained.
10 PC 2004-14 Swanson Lane Estates—Preliminary/Final Plat
Attorney Charles Kopecky said there are now six lots in the plan. The last time it was
presented, there were five lots. The petitioner had talked about reserving the right to
subdivide one lot at a later date,but decided to go ahead and have that platted now.
Schoppe said there are some plat issues and minor details that need to be cleaned up.
Also, he said the management of the conservation area needs to be resolved. Whitehouse
also pointed out some engineering issues that need to be resolved as per a letter from City
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Engineer Joe Wywrot. Crouch made a motion to recommend approval for PC 2004-14
subject engineering issues and staff concerns. Lucietto seconded the motion. The motion
was unanimously approved in a roll call vote. Holdiman, Lucietto, Davis, Adams,
Schillinger, Jones, Crouch, Kraupner and Lindblom voted yes.
The meeting adjourned at 10:05 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 . , R . P . R . , on
January 12 , 2005 , at the hour of 7 : 00 p . m. , at
800 Game Farm Road, in the City of Yorkville,
Illinois .
D-747705 01
REPO • COURT
reporting service
800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013
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 . BRIAN SCHILLINGER;
8 MR . JACK JONES ;
9 MR . MIKE SCHOPPE;
10 MS . DINA GIPE .
11 A P P E A R A N C E S :
12 WYETH, HEITZ & BROMBEREK
300 East Fifth Avenue, Suite 380
13 Naperville, Illinois 60563
( 630 ) 355-1458
14 BY : MR . JOHN JUSTIN WYETH,
appeared on behalf of the United
15 City of Yorkville, Illinois .
16
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1 ( Pledge of Allegiance )
2 CHAIRMAN LINDBLOM : At this time I
3 would entertain a motion then to change our
4 agenda to read public hearing number 2 at this
5 time , followed by the discussion of public
6 hearing number 2 following that .
7 MS . ADAMS : So moved .
8 MS . LUCIETTO : Second .
9 CHAIRMAN LINDBLOM : Moved and
10 seconded to change the agenda . Any further
11 discussion?
12 (No response )
13 CHAIRMAN LINDBLOM : Those in favor
14 signify by saying aye .
15 (A Chorus of Ayes )
16 CHAIRMAN LINDBLOM : Opposed?
17 (No response )
18 CHAIRMAN LINDBLOM : Motion passes .
19 Is there a motion to go into public hearing?
20 MR . KRAUPNER : So moved .
21 MR . CROUCH : Second .
22 CHAIRMAN LINDBLOM : Moved and
23 seconded . Any further discussion on that?
24 (No Response )
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1 CHAIRMAN LINDBLOM : Those in favor
2 signify by saying aye .
3 (A Chorus of Ayes )
4 CHAIRMAN LINDBLOM : Opposed?
5 (No response )
6 CHAIRMAN LINDBLOM : Motion passes .
7 Okay . For people in the audience then, anybody
8 that wishes to speak or thinks they would want to
9 speak to Item Number PC2004-31 , that ' s
10 regarding -- well , I will read this for the
11 record . McVickers Yorkville, LLC, petitioner,
12 has filed an application with the United City of
13 Yorkville , Kendall County, Illinois , requesting
14 to provide for a Planned Unit Development
15 containing B-3 Service Business District and B-3
16 Service Business District Special Use for a day
17 care center and gas/petroleum service station .
18 The real property consists of
19 approximately 3 . 11 acres located at the northwest
20 corner of Route 47 and Cannonball Trail in the
21 United City of Yorkville , Kendall County,
22 Illinois .
23 Anybody wishing to address this
24 issue before the Commission, if you would please
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1 stand and raise your hand and repeat after me .
2 (Witnesses sworn )
3 CHAIRMAN LINDBLOM : And who is
4 speaking for the petitioner?
5 WHEREUPON :
6 CRAIG KNOPPE,
7 having been first duly sworn, testified before
8 the Plan Commission as follows :
9 MR . KNOPPE : Good evening . My name
10 Craig Knoppe , I ' m with Knoppe Engineering in
11 Geneva . Unfortunately my client isn ' t here
12 tonight . He is supposed to be here, but he must
13 have got caught up in traffic coming down 47 , so
14 I guess basically all I can do is answer any
15 questions that you have regarding the plan that ' s
16 been submitted .
17 CHAIRMAN LINDBLOM : Craig, I guess I
18 am a little confused . Maybe you can clarify
19 this .
20 MR . KNOPPE : Sure .
21 CHAIRMAN LINDBLOM : What you have
22 given to us is you are asking for special use day
23 care center and gas petroleum; however, in the
24 handout given to us , you are showing drugstore ,
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1 office building, et cetera . I am confused .
2 MR . KNOPPE : When I talked to John
3 this afternoon, it was my understanding that the
4 public hearing tonight was going to be for the
5 PUD only and not the special uses , because the
6 uses are not certain at this time , and that they
7 were going to come back and address the special
8 use issue .
9 Is that correct , Tony?
10 MR . GRAFF : Yeah .
11 CHAIRMAN LINDBLOM : So you are
12 asking us then tonight just to consider the --
13 MR . KNOPPE : The PUD plan .
14 CHAIRMAN LINDBLOM : -- the PUD part
15 of it .
16 MR . KNOPPE : With the setback
17 variations , correct .
18 MR . CROUCH : Mr . Chairman .
19 CHAIRMAN LINDBLOM : Yes .
20 MR . CROUCH : I join in your
21 confusion . So are we talking about a gas station
22 or not?
23 MR . KNOPPE : At this point it ' s my
24 understanding that we are not . Is that --
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1 CHAIRMAN LINDBLOM : And if at some
2 point in the future you wish to do that , then you
3 come back before us for a --
4 MR . KNOPPE : Come back for the
5 special use .
6 CHAIRMAN LINDBLOM : -- public
7 hearing and go through this all again .
8 MR . KNOPPE : Yes , correct .
9 CHAIRMAN LINDBLOM : Okay . Is it in
10 our best interests hear objections to I would
11 assume the gas station day care center at this
12 time?
13 MR . SCHILLINGER : Are you going to
14 be asking for straight zoning then tonight or are
15 you asking for a PUD for a specific use?
16 MR . KNOPPE : A PUD because of the
17 setback variations that we are going to be
18 required .
19 MR . SCHILLINGER : Well , setback
20 variations are -- if there is no specific
21 business planned, I don ' t know as -- why we would
22 want to entertain --
23 MR . KNOPPE : Well , I think
24 regardless , you know, of the uses and the uses
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1 that we had shown on the preliminary plan that
2 you have, it would require the setback variations
3 to have adequate parking .
4 CHAIRMAN LINDBLOM : Along those
5 lines , are the uses that are in our handout what
6 you intend?
7 MR . GRAFF : Here is the petitioner .
8 MR . KNOPPE : We will let him answer
9 these questions .
10 WHEREUPON :
11 JOHN McVICKERS and JOHN THOMPSON,
12 testified before the Plan Commission as follows :
13 MR . McVICKERS : I ' m sorry, we were
14 on the agenda at a different spot , I apologize
15 for the inconvenience . I am John McVickers from
16 McVickers Development . Again, we apologize . I
17 thought we were second on the agenda .
18 John -- my partner, John
19 Thompson and I , had a little bit of difference .
20 So what can I --
21 CHAIRMAN LINDBLOM : All right . My
22 understanding then, John, is that you are not
23 here tonight to talk about day care center/gas
24 station petroleum station .
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1 MR . McVICKERS : That ' s correct .
2 That ' s correct . We have removed that request
3 from our application .
4 CHAIRMAN LINDBLOM : Okay . I think
5 out of courteous -- being courteous to the public
6 that went out of their way to be here tonight , I
7 think we owe it to them to hear limited
8 testimony, for lack of a better word, as to -- as
9 to that issue and then we can get on to your
10 variances .
11 With that being said, those of
12 you in the audience , would you care to hear?
13 MR . CROUCH : Does he care to make a
14 presentation?
15 CHAIRMAN LINDBLOM : Well , I think
16 he -- I think he is going to have to present
17 something on the PUD .
18 MR . CROUCH : That ' s in fairness .
19 CHAIRMAN LINDBLOM : Okay . Let ' s
20 hear what you ' ve got .
21 MR . McVICKERS : Okay . So I have it
22 clear, what are we going to talk about , the PUD
23 now or --
24 CHAIRMAN LINDBLOM : Yes .
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1 MR . McVICKERS : -- the special uses?
2 CHAIRMAN LINDBLOM : The PUD .
3 MR . McVICKERS : Okay .
4 CHAIRMAN LINDBLOM : Could you
5 possibly put that up on the easel over here so we
6 don ' t have it to everybody ' s back? In the back
7 there can everybody --
8 MR . McVICKERS : We have a three
9 point -- approximately 3 . 1 acre site at the
10 corner of Cannonball and 47 that we ' re asking for
11 a couple of variances on .
12 They really relate to the fact
13 that we would like to plan a development of this
14 three-acre site together with three lots . The
15 property is currently owned by Ex Pack
16 Manufacturing, and we are under contract to
17 purchase it from them, and they are coming in
18 separately to subdivide the property into
19 three approximately one-acre lots , and our
20 variance requests fall into really two
21 categories ; those categories being the
22 elimination of side yard setbacks between lots --
23 the interior lots , and then reduction of some
24 setbacks along the north and the west property
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1 lines where we abut up against existing green
2 space , and that ' s -- that ' s really it . That ' s --
3 It ' s a fairly simple request .
4 I think because of the special
5 use issues that came up it ' s gotten a little bit
6 of attention, but with regard to the PUD, it ' s
7 really a matter of making sure that we can
8 develop the site on an integrated basis , and
9 that ' s the reason for the request for the
10 variances .
11 CHAIRMAN LINDBLOM : So if I
12 understand you correctly then, you are asking us
13 to eliminate side yard setbacks .
14 MR . McVICKERS : That ' s correct .
15 CHAIRMAN LINDBLOM : And I am a
16 little confused on this parking . What ' s on your
17 application is ten feet along scalloped lot line
18 in the southeast corner of Lot 3 .
19 MR . McVICKERS : The reason for that ,
20 frankly, is that our reading of the zoning
21 ordinance provides for front yard setbacks and
22 side yard setbacks , but just to be comprehensive ,
23 frankly, and to eliminate any future ambiguity,
24 we wanted to identify the fact that that little
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1 scalloped piece is really neither a side yard nor
2 a front yard, so we just --
3 CHAIRMAN LINDBLOM : Could you
4 indicate where that is for me?
5 MR . McVICKERS : Yeah, sure . Right
6 down here in this corner where it kind of goes on
7 an angle , it was unclear to us under the zoning
8 ordinance whether or not it was a side yard as in
9 over here or a front yard as in over here , so
10 it ' s really just a clarification so neither the
11 village nor us would have any confusion over it
12 in the future .
13 CHAIRMAN LINDBLOM : Okay . Very
14 good . Okay . Anything else , John?
15 MR . McVICKERS : No .
16 CHAIRMAN LINDBLOM : Okay . At this
17 time then I would entertain any comments that the
18 public wishes to have . Yes , sir .
19 WHEREUPON :
20 PHIL MARSHALL,
21 having been first duly sworn, testified before
22 the Plan Commission as follows :
23 MR . MARSHALL : I guess I would
24 ask -- Phil Marshall . I live over on Amanda
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1 Lane . My first question is are you delaying the
2 request for the gas station or you are not going
3 to build a gas station there?
4 MR . McVICKERS : Well , at this point
5 in time we have no interest in asking for a
6 special use for a gas station . That ' s what I can
7 tell you .
8 We are merely trying to be
9 comprehensive in determining what we could
10 potentially develop on that site .
11 We have encountered a
12 significant amount of resistance regarding a gas
13 station, so we have decided that , you know, we
14 don ' t need to develop a gas station there at this
15 point in time .
16 MR . MARSHALL : What are your plans
17 to put on that property?
18 MR . McVICKERS : Well , we have a
19 number of different options , and we are talking
20 with a number of different potential users for
21 that site , all of which fall within the current
22 zoning for the site , and we have decided that we
23 feel comfortable with that and with -- have
24 decided not to pursue a special use for a gas
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1 station at this time .
2 CHAIRMAN LINDBLOM : Just for
3 clarification, this property is currently zoned
4 B-3 , business zoning .
5 MR . MARSHALL : Okay . Well, I don ' t
6 think everybody wants to hash through all the
7 reasons why we don ' t want a gas station, you guys
8 have a busy night , and if he ' s not going to put a
9 gas station there, there ' s limited issues that we
10 care about .
11 I would like to take the
12 opportunity, though, to pick out a couple
13 paragraphs out of the original annexation
14 agreement for this property that ' s dated the 25th
15 of February, 1999 , and it ' s between Yorkville and
16 Candy Mill Products .
17 I apologize if this is
18 redundant to what you already read, but I ' d like
19 to make sure everybody is reminded of it .
20 In Section 1 , paragraph B,
21 owner/developer, and its successors , heirs and
22 assigns hereby agree to -- agree that prior to
23 issuance of a building permit on the subject
24 parcel , a site development plan shall be
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1 submitted and approved by the City of Yorkville
2 conforming to the following standards : One , only
3 one access shall be allowed to Cannonball Trail ,
4 said access should be 200 feet away . It also
5 required a 30-foot setback shall be maintained on
6 the entire south and west boundaries of the
7 subject site as a transition buffer with the
8 adjoining residential uses .
9 Some of those houses have been
10 there for 40 years .
11 Said transitional
12 buffer/setback area shall be improved with
13 landscaping berming -- it says financing, but I
14 think that means fencing -- with an opacity
15 factor of at least 50 percent at the time of
16 development .
17 And the immediate residents
18 would like those clauses adhered to that were
19 agreed to in 1999 .
20 CHAIRMAN LINDBLOM : Okay . Do you
21 have comments on those three points , John?
22 MR . McVICKERS : If I can take
23 them -- I might need a little bit of refreshing
24 from what you just brought up, but with regard to
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1 the setback on the west side I believe, I don ' t
2 think that ' s an issue as much as right now this
3 property is part of a larger lot , and if I could
4 try and point that out here , there shouldn ' t be a
5 problem.
6 Right now this property is part
7 of -- The property line really goes all the way
8 back to here , and Ex Pack is subdividing the
9 property off here, but this is all green space ,
10 with the exception of a private driveway that ' s
11 being rerouted, so that it lines up with Patricia
12 Drive to the south, so, you know, my suggestion
13 would be that with regard to buffering any
14 residence to the west , if that is an issue , there
15 is plenty of green space which Ex Pack will
16 retain ownership of, which will do an adequate
17 job of buffering .
18 With regard to the south, I
19 want to be , you know, fully sensitive to the
20 people who are on the south and the buffering
21 there .
22 We have -- We have conformed
23 our plan to the existing zoning ordinance,
24 ordinance , with the -- with the village , with the
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1 exception of taking of some land for utilities
2 and such by the -- by the village , and that ' s
3 mainly the reason for our request for a variance
4 over what the zoning ordinance currently provides
5 for .
6 CHAIRMAN LINDBLOM : So are you
7 saying that you will have that 30 foot on the
8 south?
9 MR. McVICKERS : No, not currently,
10 but , you know, we are happy to make sure that
11 there is adequate landscaping there to offset
12 that fact .
13 CHAIRMAN LINDBLOM : And how much --
14 how much more shorter than 30 feet would you be?
15 MR . McVICKERS : Our original plan
16 was that we would have a ten-foot -- ten-foot
17 setback there , which I believe , if I ' m not
18 mistaken, is provided for in the ordinance .
19 Right now it ' s at five feet ,
20 and the reason for that mainly is that there ' s
21 been discussion about potentially adding to the
22 right-of-way for the village for utility planning
23 and whatever else the village may have for
24 long-term purposes .
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1 CHAIRMAN LINDBLOM : We ' ll come back
2 and talk about this . Okay . Is there somebody
3 else then that wishes to address the Commission
4 at this time?
5 WHEREUPON :
6 MARY ANN KOSINSKI ,
7 having been first duly sworn, testified before
8 the Plan Commission as follows :
9 MS . KOSINSKI : Yes . My name is Mary
10 Ann Kosinski , and I --
11 CHAIRMAN LINDBLOM : Mary Ann, excuse
12 me . Could you come up to the microphone , please?
13 MS . KOSINSKI : Sure .
14 CHAIRMAN LINDBLOM : Thank you .
15 MS . KOSINSKI : Hi . My name is Mary
16 Ann Kosinski , and I live at 31 Cannonball Trail ,
17 which is the property directly to the west of
18 this , this site , and I object to any changes in
19 the agreement that the City made in 1999
20 because -- Well , most of the day I ' ve spent
21 talking about gas stations , but now that ' s off
22 the table . I ' d like to ask you a question .
23 You said about the gas station,
24 not at this time , and then you said no gas
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19
1 station . Which is it , not at this time or no?
2 MR . McVICKERS : Well , as my partner ,
3 John Thompson, and I were talking at dinner , my
4 mom taught me a long time ago never to say never,
5 but what I can tell you is that I do not have
6 any current plans for developing a gas station,
7 and I feel comfortable, you know, with the other
8 uses that are allowed for in the current B-3
9 zoning . That ' s -- that ' s really all I can -- all
10 I can say .
11 MS . KOSINSKI : Well , the neighbors ,
12 we ' ve got petitions signed against the gas
13 station .
14 MR . McVICKERS : Right .
15 MS . KOSINSKI : And the neighbors are
16 for any other kind of development except a gas
17 station, but you are still saying currently it
18 will not be a gas station?
19 MR . McVICKERS : You know --
20 MS . KOSINSKI : Is there any more?
21 MR . McVICKERS : What I can say is
22 that we acted pretty definitively . We want to be
23 a good neighbor, and when we , you know, ran up
24 against the opposition that we ran up against , we
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20
1 decided pretty quickly to forego that request ,
2 and we did that I think with the hopes that we
3 could, you know, move forward on the project, so
4 we view that as a sign of good faith, a showing
5 of good faith .
6 And I understand your position
7 on it , you know . We had talked with some people
8 about limitations on hours and limitations on
9 style and things like that , and what we received
10 in response was , you know, no .
11 So we have decided not to fight
12 it and -- you know, holding the hope that we
13 could move our project along, you know, without
14 it , so that ' s really our take on it .
15 MS . KOSINSKI : Okay . Thank you .
16 CHAIRMAN LINDBLOM : Let me just
17 assure you, just to repeat, if for some reason
18 the decision is made to come back for a gas
19 station/day care center, this whole process
20 starts all over again .
21 MS . KOSINSKI : Okay . I ' ll save my
22 copy .
23 CHAIRMAN LINDBLOM : Okay . Thank
24 you . Yes , sir . Gentlemen in the back .
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21
1 WHEREUPON :
2 JOSEPH STENGER,
3 having been first duly sworn, testified before
4 the Plan Commission as follows :
5 MR . STENGER : I would just like to
6 make a brief comment on the history of this piece
7 of land .
8 CHAIRMAN LINDBLOM : I ' m sorry, could
9 we have your name?
10 MR. STENGER : My name is Joseph
11 Stenger, I reside at 3 Amanda Lane , which is the
12 corner of Amanda and Cannonball , and I have lived
13 there since 1990 .
14 And previously this property
15 was agricultural , and it is my understanding that
16 when the Remline building was originally built ,
17 that land was set aside as a buffer to the
18 neighbors , and when it was annexed in, these
19 additional setbacks of 30 feet were kind of put
20 in as a buffer for the neighbors kind of as the
21 bargaining chip because it was all originally put
22 in by the City as that would always be a buffer
23 zone , so that ' s why those 30 feet do not comply
24 with the standard City ordinances , and I believe
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22
1 that ' s my understanding of past history .
2 CHAIRMAN LINDBLOM : Okay . Thank
3 you . Duane? I ' m sorry, I had called --
4 WHEREUPON :
5 DUANE ORTON,
6 having been first duly sworn, testified before
7 the Plan Commission as follows :
8 MR . ORTON : Yes . I am Duane Orton
9 and I live at 4 Patricia Lane, which is just
10 across the street from the driveway that
11 currently comes out of the back .
12 MR . McVICKERS : That would be down
13 here?
14 MR. ORTON : Yeah , right .
15 CHAIRMAN LINDBLOM : On the west
16 side?
17 MR . ORTON : Right . As my
18 understanding is now, you are going to eliminate
19 that private driveway and line it up with
20 Patricia Lane .
21 To me, to have a busy
22 intersection 200 feet from a very busy
23 intersection is not a good idea . Right now I
24 have no problem.
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23
1 There is a lot of traffic even
2 out in the factory, they have to stop or they ' d
3 end up in my yard, but if you line those up, I
4 think a busy intersection 200 feet from 47 and
5 Cannonball is just really too close . Thank you .
6 CHAIRMAN LINDBLOM : Thank you .
7 MR . McVICKERS : If I might comment
8 on that briefly .
9 CHAIRMAN LINDBLOM : Sure .
10 MR . McVICKERS : My understanding is
11 that Faxon Road is going to eventually be
12 reconfigured up to the north of this property,
13 which will alleviate some of the , if not most of
14 the , employee traffic that otherwise comes out of
15 that driveway now from Ex Pack .
16 Granted, there will be traffic
17 from this site, but I don ' t think you are going
18 to have as much as is anticipated .
19 CHAIRMAN LINDBLOM : Okay .
20 MR . ORTON : That hasn ' t been set in
21 stone yet , though, that street . I know that was
22 a meeting a few months ago or some time ago .
23 Thank you .
24 WHEREUPON :
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24
1 JUDITH CASEY,
2 having been first duly sworn, testified before
3 the Plan Commission as follows :
4 MS . CASEY : My name is Judith Casey
5 and I live on the corner of Route 47 and
6 Cannonball Trail . I have lived there since 1967 .
7 I was there before the factory, and I am very
8 aware of what the City agreed to or the county
9 agreed to when Remline wanted to put in a
10 factory, and it was not supposed to be a
11 commercial property . When it was annexed into
12 the City, they made it commercial property
13 against our objection .
14 They then said as a concession
15 a 30-foot setback, and my objection would be the
16 lights and the amount of traffic .
17 I ' ve already had at least --
18 oh, maybe over the years at least three or four
19 vehicles in my yard from traffic accidents .
20 Thank you .
21 CHAIRMAN LINDBLOM : Thank you . Is
22 there anybody else that wishes to speak?
23 (No Response )
24 CHAIRMAN LINDBLOM : Going once?
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25
1 Going twice?
2 (No Response )
3 CHAIRMAN LINDBLOM : Anybody else?
4 (No Response )
5 CHAIRMAN LINDBLOM : Okay . With
6 that being said, could we adjourn the public
7 hearing?
8 MR . CROUCH : I move we close the
9 public hearing .
10 MR . DAVIS : Second .
11 CHAIRMAN LINDBLOM : It ' s been moved
12 and seconded to close the public hearing . John,
13 I ' m sorry, did you --
14 MR . WYETH : Just a clarification
15 about the procedure . I do not believe the
16 petitioner was in the room when people were sworn
17 in to give testimony .
18 CHAIRMAN LINDBLOM : I think you are
19 probably right, but it ' s done and over with now .
20 MR . WYETH : Swear him in .
21 CHAIRMAN LINDBLOM : Okay . I would
22 ask you, by legal counsel to swear you in and
23 ratify what you have just said .
24 (Witnesses sworn)
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26
1 CHAIRMAN LINDBLOM : Okay . Thank
2 you, John . Okay . We ' ve got a motion on the
3 floor and a second to close the public hearing .
4 Is there further discussion on that?
5 (No response )
6 CHAIRMAN LINDBLOM : Those in favor
7 signify by saying aye .
8 (A Chorus of Ayes )
9 CHAIRMAN LINDBLOM : Opposed?
10 (No Response )
11 CHAIRMAN LINDBLOM : The public
12 hearing is now finished and we can enter into
13 discussion on PC2004-31 .
14 (WHEREUPON,
15 proceedings were had
16 which were not
17 reported . )
18 CHAIRMAN LINDBLOM : Okay . At this
19 time I ' d like to entertain a motion to go into
20 public hearing for -- I ' m sorry, could we have a
21 motion to amend the agenda to put --
22 MS . ADAMS : To put everything back
23 in its original order?
24 CHAIRMAN LINDBLOM : To put Item 5 on
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27
1 the agenda .
2 MS . LUCIETTO : Item 5 , sure , I ' ll
3 make the motion .
4 CHAIRMAN LINDBLOM : Okay . So moved .
5 Is there a second?
6 MR . JONES : Second .
7 CHAIRMAN LINDBLOM : Moved and
8 seconded to change the agenda . Those in favor
9 signify by saying aye .
10 (A Chorus of Ayes )
11 CHAIRMAN LINDBLOM : Okay . At this
12 point can we have a motion to go to public
13 hearing? Is there a motion for that ?
14 MR . HOLDIMAN : So moved .
15 CHAIRMAN LINDBLOM : Moved to go to
16 public hearing . Is there a second?
17 MS . LUCIETTO : Second .
18 CHAIRMAN LINDBLOM : Those in favor
19 signify by saying aye .
20 (A Chorus of Ayes )
21 CHAIRMAN LINDBLOM : Motion passes .
22 Okay . We will have the swearing in for anybody
23 regarding PC2004-35 , Yorkville Farms Development ,
24 LLC, and Stewart Farms , LLC, petitioners , have
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28
1 filed an application with the United City of
2 Yorkville , Kendall County, Illinois , requesting
3 annexation to the United City of Yorkville and
4 rezoning from Kendall County A-1 Agricultural to
5 United City of Yorkville R-2 One-Family Residence
6 District .
7 The real property consists of
8 approximately 195 acres at the southwest corner
9 of Ashley Road and Route 126, Kendall Township,
10 Kendall County, Illinois .
11 At this time could I have
12 anybody that wishes to raise your right hand and
13 repeat after me?
14 (Witnesses sworn)
15 CHAIRMAN LINDBLOM : Thank you . The
16 same rules pertain to this as what I explained to
17 the people before . Please step up to the
18 microphone , state your name , and ask any
19 questions , make any statements , that you would
20 like .
21 This is being recorded by a
22 court reporter, so we cannot have more than one
23 person talking at a time .
24 You also have the right then to
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29
1 cross-examine anything that is presented here
2 today .
3 With that being said, Jason,
4 are you the spokesperson for the development? I
5 WHEREUPON :
6 JASON POPPEN,
7 having been first duly sworn, testified before
8 the Plan Commission as follows :
9 MR . POPPEN : I will be the
10 spokesperson and moderator tonight . I am Jason
11 Poppen on behalf of Stewart Farms , LLC, as well
12 as Yorkville Farms , LLC .
13 We are here for annexation and
14 rezoning from agriculture A-1 to R-2 straight
15 single family zoning .
16 Also with me tonight is Ted
17 Lundquist of SEC Planning . He will be getting
18 into the details of the plan . We have Jeremy
19 Shaw, who is an attorney representing Stewart
20 Farms , LLC . We have a couple attorneys with us .
21 We have Jim Olguin representing Yorkville Farms ,
22 LLC, the developer, Dan Harper, and Pete Huinker
23 is here from Smith Engineering to answer any
24 questions on engineering if we need to answer any
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30
1 of those .
2 Real quickly, the subject site
3 is directly adjacent and it has contiguity with
4 Raintree Village along 126 , just to talk about
5 the site real quick .
6 Before I turn it over to Ted to
7 give you the detail of the planning that we have
8 gone through on the project , I do want to talk a
9 little bit about the approach we ' ve taken to the
10 project on behalf of Craig Stewart and his
11 family .
12 We are annexing -- in the
13 process of trying to annex and rezone the
14 property . In the process , certainly we have
15 reached out to the adjacent -- the majority of
16 adjacent property owners to try to address any
17 issues that they may have early in the process .
18 As you will look, and when we
19 get into the plan, the draft Comprehensive Plan
20 allows for multi-family transitional use in the
21 northeastern corner .
22 The subject -- the majority of
23 the property owners did not like that concept of
24 multi-family there ; therefore, the plan presented
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1 tonight is all single family, minimum of 12 , 000
2 square foot lots .
3 Drainage is another issue that
4 is a big issue with the adjacent property owners ,
5 so we ' re trying to address the detention areas
6 and the ponding on the plan early in the process
7 here to try to minimize any impacts on the
8 adjacent property owner .
9 Recently, as recent as last
10 week, we had another discussion, and Mrs . Block
11 brought up the point of dogs coming onto her
12 property, so she asked about berming and
13 fencing .
14 Those are issues that we are
15 looking into right now and trying to -- again ,
16 we ' re going to work with the adjacent property
17 owner on that issue as well throughout the
18 process .
19 Then also access to her
20 property, which is right here, currently there is
21 an easement , a 27-foot easement, that runs along
22 the property line .
23 Because of traffic on 126 and
24 issues with pulling farm equipment out , they are
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32
1 requesting that we consider access along the
2 southern border of the property, again, which is
3 something that we have taken under consideration
4 and are working with the plan to see how we may
5 accommodate her on that issue .
6 We ' ve also met with the City
7 several times over probably the last year, year
8 and a half, to discuss this .
9 We understood you were going
10 through your comprehensive update , and so we
11 think you ' ll find that the plan is relatively in
12 sync with that, we ' re hoping anyway, and I ' ll
13 turn it over to Ted .
14 WHEREUPON :
15 TED LUNDQUIST ,
16 having been first duly sworn, testified before
17 the Plan Commission as follows :
18 MR . LUNDQUIST : Good evening . My
19 name , again, is Ted Lundquist . I am with SEC
20 Planning .
21 Just to highlight on a couple
22 more issues regarding the site , first of all ,
23 there is a fair amount of relief on the site .
24 We have topographical change of
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33
1 about 50 feet moving from west to the east side
2 of the site , and that is going to dictate a
3 little bit as far as some of the stormwater
4 issues that Jason touched on and also our
5 attempts to try and comply with the future
6 Comprehensive Plan that ' s under review right
7 now .
8 In addition to that , the City
9 of Yorkville Transportation Plan is showing an
10 extension of Penman Road north all the way up to
11 Van Emmon Road, and at the City ' s request and
12 some information we ' ve got from them, it ' s their
13 hope that we can accommodate for that extension
14 on our -- our site and with our plan, so that ' s
15 another one of our design constraints .
16 In addition to that , we had
17 some access coming off of the Raintree Village
18 development to the northwest and we want to
19 accommodate for with our plan, and then it ' s also
20 our understanding that there is a potential for a
21 school site to be located on the property just to
22 the south of the Raintree development right now,
23 west adjacent to our site , and, again, speaking
24 with the City, they were hoping that we could
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34
1 modify our plan to try and accommodate that in
2 the future . So that kind of sets forth some of
3 the design constraints .
4 As far as our plan and
5 foundation , like I said, it ' s our hopes to try to
6 fit in with the decision of the Comprehensive
7 Plan of the City of Yorkville, and our client
8 really wants to respect the intentions of the
9 Comprehensive Plan as well as the City of
10 Yorkville ' s zoning specifications .
11 With that , the Comprehensive
12 Plan, as Jason mentioned, is mostly classified as
13 suburban residential with a small portion of
14 transitional neighborhood .
15 We have decided to go simply
16 with suburban residential single family . We are
17 proposing 345 units , which sets forth a density
18 of 1 . 77 units per acre .
19 Suburban classifications , the
20 classification for suburban residential , allows
21 for 2 . 25 units per acre, so we are well below the
22 standard set forth for the suburban residential
23 neighborhood .
24 In addition to that , we are
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35
1 aware that the Comprehensive Plan is looking to
2 identify Route 126 as a primary gateway corridor
3 for the City of Yorkville, and with that , it ' s
4 the hopes that all development will try to
5 preserve the scenic value of that road and
6 preserve that as a scenic corridor through the
7 City .
8 As part of that , we are trying
9 to introduce a substantial amount of buffer along
10 Route 126 , and we are doing that with some of our
11 detention, as well as substantial setback from
12 the right-of-way .
13 We have an average setback of
14 185 feet from the right-of-way to many of our
15 backs of lots , so that ' s trying to preserve the
16 scenic corridor of Route 126 .
17 In addition to 126 , we have
18 Ashley Road, which we are also trying to again
19 provide a substantial amount of buffer with an
20 average of 200 . 5 feet of setback from the
21 right-of-way there, we ' re trying to preserve the
22 real character of the views along Ashley Road .
23 In addition to our setbacks ,
24 along Route 126 in the northeastern corner, we
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36
1 have utilized open cul-de-sacs rather than the
2 traditional cul-de-sacs , which have lots all the
3 way around them.
4 This is done in an attempt to
5 reduce the amount of homes that are backing up to
6 Route 126 . This way there will be eight lots in
7 that northwestern -- northeastern corner that are
8 affected by Route 126 .
9 Moving on to the zoning
10 standards , finally, we are not asking for any
11 variances from the City of Yorkville zoning
12 standards or the City ' s subdivision regulations .
13 Our minimum lot size is 12 , 000
14 square feet, with our maximum lot -- maximum lot
15 size of 30 , 000 square feet . All in all , we have
16 an average lot size of 13 , 600 feet .
17 As far as the plan itself , we
18 are providing sufficient access in every
19 direction . We have access to Route 126 , access
20 to Ashley Road, potential access to the south, as
21 well as multiple points of access to the west ,
22 including our pending extension, our extension
23 into Raintree Village, and one to the south --
24 south below our proposed park site .
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37
1 The entrance , we ' re trying to
2 establish a very rich aesthetic entrance into the
3 community . That , in combination with our
4 retention, we are establishing water features and
5 a significant amount of open space, and then
6 we ' ve also sited our entrance in the development
7 along our proposed park in order to enhance the
8 experience of entering into the community .
9 It enters along the park and
10 terminates at a central corridor of open space,
11 which we have provided a trail connection
12 through, and also access to the park .
13 The park has been a big issue .
14 We ' ve talked with the park board . It ' s sited
15 where it is because of requests from the City .
16 This is getting back to the City ' s plan of
17 hopefully possibly putting a school site in the
18 piece of land adjacent to us .
19 When we spoke with the City
20 originally, it was their intention to locate a
21 site , school site, there , with the hopes of
22 sharing a school park site with our property .
23 It ' s our client ' s intention to
24 provide all the park land dedication and land,
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38
1 and then we could have one large central park
2 that was adjacent to the school site .
3 However , if the school site
4 does not go forward, and after conversation with
5 the park board, the park board expressed
6 possibly interest in only half the land
7 requirement , so then our client is open to
8 discussion on whether to reduce that park site to
9 simply six acres and pay the remainder in cash,
10 the school site goes away, and also we can meet
11 with Staff to agree on the best location for
12 that -- that park site .
13 At this point I ' ll turn it back
14 over to Jason to answer any questions you may
15 have or comments . Thank you .
16 MR . POPPEN : Well , that really is
17 our presentation at this point . I would just ask
18 for consideration, and I am certainly open for
19 any questions . We are certainly well armed with
20 people here to answer any questions .
21 CHAIRMAN LINDBLOM : At this point ,
22 Jason, I ' m going to ask for other testimony in
23 the hearing, then once we go out of public
24 hearing, we ' ll probably have some questions for
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39
1 you . Okay .
2 Who else? Mary, do you wish to
3 address ?
4 WHEREUPON :
5 MARY BLOCK,
6 having been first duly sworn, testified before
7 the Plan Commission as follows :
8 MS . BLOCK : Yes . As most of you
9 know, my name is Mary Block and I represent Sunny
10 Valley Farm.
11 I ' d like to confirm that I have
12 been working with these folks and my friend,
13 Jason, in particular , to try and work things out ,
14 but there are issues that I wish you would
15 consider, and again I ' m going to reiterate them.
16 We have , as he said, off of
17 Route 126 easement whatever you want to call it ,
18 that is good so long as we are pulling out of
19 here . Now, I am just reiterating that what he
20 says is what we ' re trying to get .
21 This is a death trap both for
22 my people trying to get to it on 126 , Harvestors ,
23 et cetera , et cetera , Harvestors , and people
24 coming here God only knows how fast .
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40
1 This is bad news . It ' s either
2 going to kill some pedestrian, some driver, or my
3 people , and I ' m particularly interested in mine ,
4 thank you very much .
5 Since we have this , I have
6 suggested that we get an easement to get to our
7 property off of Ashley, but that would also mean
8 berms , fences , and planting, because we are still
9 going to be farming this , and all these people
10 here , we don ' t want them getting under a big
11 machine, you don ' t want children coming in . It
12 just takes one naughty child .
13 Now, all this business , to tell
14 you the truth, I have no idea where it is , I have
15 no idea, but why are we doing this ? They talk
16 about -- they ' ve talked to the City . Who at the
17 City? The engineering department? Who? What is
18 this ? I don ' t get it . Anybody have an answer?
19 CHAIRMAN LINDBLOM : Mike?
20 MR. SCHOPPE : Well , I think the
21 question is , Jason , when you are referring to the
22 City, she is asking who in the City have you been
23 talking to .
24 MR . POPPEN : Right . Well , we ' ve had
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41
1 meetings with Tony Graff, the City administrator ,
2 we have met with Mike Schoppe , we have met with
3 the engineering folks as well , Staff , for
4 review .
5 Penman Road is really -- and
6 this is -- this road here is what Mary is talking
7 about . Penman Road shows up in the City ' s
8 long-range transportation plan and that -- it was
9 initially in Raintree, when Raintree developed is
10 where Penman was supposed to course through;
11 however, with the development there, the city
12 asked us to consider putting a stub in for the
13 future into this development, which we didn ' t
14 have a problem with, and we accommodated that
15 request .
16 Penman is a long-term
17 transportation plan that ' s identified in the
18 City ' s long-term transportation plan .
19 MS . BLOCK : I just don ' t want
20 somebody to say it ' s done and I have nothing to
21 say about it . I mean, I have no objection to the
22 stub, I realize you are trying to schmooz me to
23 get this done , so they have an entrance here and
24 an entrance here , but I don ' t want my land or our
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42
1 land, I should say, at some point for it just to
2 run through here , so I think that ' s an issue .
3 And I ' d also like to know what
4 the City ' s ordinance is on dogs . Two dogs can
5 form a pack . They can get across the road and
6 kill my calves . My calves can be anywhere from
7 twenty to $50 , 000 . It isn ' t the money . The
8 genetics are gone if they kill a calf . So that I
9 think is very important for us to get to .
10 And, as I say, I am willing to
11 work with Jason and the Stewarts , but these
12 issues have to be addressed .
13 CHAIRMAN LINDBLOM : Okay . Is there
14 somebody else in the audience then? Yes , sir .
15 WHEREUPON :
16 DAVE BAUM,
17 having been first duly sworn, testified before
18 the Plan Commission as follows :
19 MR . BAUM : My name is Dave Baum and
20 I ' m the one who lives right in that little
21 peacracker of a farm right there . I agree with
22 Mary about the hazards on Route 126 . Route 126
23 is a dangerous road now . Traffic is getting
24 worse and worse and worse as time goes on .
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43
1 I ' d think some extreme
2 consideration should be made and thought
3 carefully about where they place the entrances to
4 this subdivision, because I agree with her, there
5 is farm equipment up and down that road, and
6 you ' re going to be talking about children playing
7 near that road as well .
8 Now, my questions to you, what
9 kind of provisions are being made or what kind of
10 easements are around my little piece of property
11 there? I see there is going to be homes right up
12 to me, to the south, to the east, and a little
13 bit to the west .
14 MR . LUNDQUIST : At this point , there
15 are none .
16 MR . BAUM : So they go right up to
17 the line?
18 MR . POPPEN : Correct .
19 MR . BAUM : So there has been no
20 thought about me sitting there?
21 MR . POPPEN : Well , the easements --
22 MR . BAUM : I know you have
23 considered obviously in conversations with Mary
24 about her concerns , but not one concern has been
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1 brought to us , and we ' re right in the middle of
2 the project .
3 MR . POPPEN : The easement issue with
4 the Block farm is for -- to be able to access
5 their farm.
6 MR . BAUM : Absolutely .
7 MR . POPPEN : The point of having an
8 easement considered at this point for your
9 property, you have access off of 126 , no
10 consideration to us at this point .
11 MR . BAUM : Okay . Well , I have
12 horses , I have a German shepherd breeding
13 business , and also it ' s of concern about safety
14 with kids coming on my property as well .
15 I would just like to keep that
16 in consideration, and the traffic is a major,
17 major point as to how you entrance this project .
18 That ' s it .
19 CHAIRMAN LINDBLOM : I ' d like to
20 clarify a point , if I might . Okay . Just so
21 we ' re all on the same page, this is for
22 annexation and zoning, this not a preliminary
23 plan .
24 MR . POPPEN : Correct .
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1 CHAIRMAN LINDBLOM : Okay . So these
2 issues of buffers , easements , all that gets
3 reviewed by staff, and then it comes back before
4 this group . Okay .
5 Is there other comments from
6 the public?
7 (No response )
8 CHAIRMAN LINDBLOM : Okay .
9 MS . BLOCK : I ' d like to ask one more
10 question .
11 CHAIRMAN LINDBLOM : Yes .
12 MS . BLOCK : Why would the Park
13 District want less green space? I ' ve never heard
14 of that .
15 CHAIRMAN LINDBLOM : I ' m sorry, I
16 didn ' t hear the question .
17 MS . BLOCK : Why would the Park
18 District want to have less green space?
19 MR . POPPEN : I can answer that if
20 you want . We went to the Park Board committee , I
21 forget the date it was , but when they were
22 considering the open space that we had on the
23 property there, they were looking and they were
24 recommending that we reduce it down to five to
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1 six acres .
2 MS . BLOCK : That ' s my home, five
3 acres . That ' s nothing .
4 MR . POPPEN : They were saying in
5 lieu of the land donation that they would like
6 the cash to .provide the infrastructure for a park
7 or something such as that .
8 Now, they were unaware of some
9 of the discussion with the city about a potential
10 future school site or combining that property
11 with a school site , so their recommendation was
12 actually to reduce the size and actually move --
13 move the park down to the south corner of the
14 property .
15 MS . BLOCK : Where am I supposed to
16 get my --
17 MR . POPPEN : Well , that was the
18 recommendation, Mary .
19 MS . BLOCK : We ' ve already got a
20 school at Raintree . How many schools do you
21 want?
22 MR . POPPEN : That ' s really not for
23 me to say .
24 MS . BLOCK : Well , it ' s for somebody
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1 to say .
2 MR . SCHILLINGER : Can I just
3 reiterate? This is strictly zoning and
4 annexation . This has nothing to do with
5 comprehensive at this moment . You all have to
6 confirm.
7 MS . BLOCK : You just have it in
8 front of the public .
9 MR . SCHILLINGER : Well , no, this
10 plan does not even have to come back as-is . This
11 plan could possibly come back as something
12 entirely different . They are here tonight
13 strictly for annexation and for zoning .
14 MS . BLOCK : Okay . All right .
15 CHAIRMAN LINDBLOM : And a number of
16 these issues that have been raised are those
17 issues that you have to recall before coming back
18 to this group .
19 MR . SCHILLINGER : I ' d like to make a
20 motion to close the public hearing on PC2004-35 .
21 CHAIRMAN LINDBLOM : Before you do
22 that -- I ' ll take a second .
23 MS . ADAMS : Second .
24 CHAIRMAN LINDBLOM : Motion is made
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1 and seconded . I would just , just for the record,
2 like to ask Mike if you have anything for the
3 public hearing part , and John Whitehouse .
4 MR . SCHOPPE : I guess maybe just to
5 clarify, the City ' s current plan that we have for
6 this , this land is being developed in your estate
7 district, and for that estate district -- in the
8 current Comprehensive Plan it calls for density
9 of zero to 1 . 5 .
10 Now, the proposed Comprehensive
11 Plan that we have been reviewing that ' s been
12 before -- it ' s had public hearings and been
13 before the Plan Commission and City Council does
14 show this area to be a different land use, and
15 that different land use is suburban, and as it
16 was entered in as part of the testimony, the
17 guidelines for the suburban have a density of up
18 to -- a recommendation for density of up to 2 . 25
19 units per acre .
20 So to clarify the existing
21 Comprehensive Plan versus the proposed
22 Comprehensive Plan, if you are looking at the
23 standard of the proposed Comprehensive Plan, the
24 request for an R-2 zoning on the property would
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1 be consistent with the Comprehensive Plan; if it
2 was being compared to the existing Comprehensive
3 Plan, an R-2 zoning would be appropriate, but
4 there would need to be some caveats to restrict
5 the density because the standards in the R-2 do
6 allow very easily for densities above 1 . 5 .
7 CHAIRMAN LINDBLOM : Okay . John, do
8 you want to have any comments?
9 MR. WHITEHOUSE : Just briefly
10 because it was brought up regarding Illinois 126 .
11 It is a state route . They will require a permit
12 from the State of Illinois to prove adequate
13 sight distances at that proposed intersection,
14 and I am assuming the state will require , as they
15 have in all others , turn lane improvements ,
16 probably a right turn lane into this , as well as
17 left turn lanes for 126 .
18 I would on the City ' s
19 behalf -- because they are also proposing an
20 access to Ashley Road, that the improvement to
21 126 also include turn lane improvements at Ashley
22 Road on 126, so we can communicate that with the
23 state or through our staff comments , but because
24 this is adding -- going to add significant
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1 traffic also at that intersection, that that
2 should be considered as well .
3 CHAIRMAN LINDBLOM : Okay . The
4 motion has been made and seconded to close the
5 public hearing . Is there any further discussion?
6 (No Response )
7 CHAIRMAN LINDBLOM : Hearing none,
8 those in favor signify by saying aye .
9 (A Chorus of Ayes )
10 CHAIRMAN LINDBLOM : Opposed?
11 (No Response )
12 CHAIRMAN LINDBLOM : The public
13 hearing is closed .
14 (WHEREUPON,
15 proceedings were had
16 which were not
17 reported . )
18 CHAIRMAN LINDBLOM : At this time I ' d
19 like to have a motion to go to public hearing for
20 items 1 , 3 and 4 .
21 MS . ADAMS : So moved .
22 MR . JONES : Seconded .
23 CHAIRMAN LINDBLOM : Moved and
24 seconded to go into public hearing for items 1 , 3
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1 and 4 . Those in favor signify by saying aye .
2 (A Chorus of Ayes )
3 CHAIRMAN LINDBLOM : Opposed?
4 (No Response )
5 CHAIRMAN LINDBLOM : Motion passes .
6 Okay . For anybody that wishes to address the
7 Commission for PC2004-06 , that ' s Centex Homes ,
8 PC2004 -32 , River Oaks Property Development , or
9 PC2004 -33 , Midwest Development, LLC, petitioner,
10 anybody wishing to address the Commission on
11 those three items , please stand and take the
12 oath .
13 (Witnesses sworn)
14 CHAIRMAN LINDBLOM : The first item,
15 Centex Homes , petitioner, has filed an
16 application for rezoning, and R-3 and R-4 zoning,
17 and consists of 450 . 34 acres .
18 And who is speaking for the
19 petitioner? Before you start on that , could I
20 just put up a hand for Commission members some of
21 the maps for what was approved earlier, and then
22 I will just pass these out, because there is some
23 changes on here and I ' d like -- at some point in
24 time we will compare them with those .
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1 MR . FEINSTEIN : We actually have
2 both of them. Okay .
3 WHEREUPON :
4 FRED FEINSTEIN,
5 spoke before the Plan Commission as follows :
6 CHAIRMAN LINDBLOM : Fred, I think
7 this might be easier for everyone to understand,
8 rather than talk about this piecemeal , let ' s just
9 talk about this as if this was all new . Can we
10 do that?
11 MR . FEINSTEIN : You bet .
12 CHAIRMAN LINDBLOM : I think it might
13 simplify things .
14 MR . FEINSTEIN : My name is Fred
15 Feinstein . I am an attorney with the firm of
16 McDermott , Will & Emery, and I was before you on
17 this particular matter on September 8th .
18 Again, for the record,
19 Mr . Chairman, I did not take the oath, I will not
20 be offering testimony this evening, I am here as
21 an advocate representing the client , and we have
22 witnesses who were there .
23 I have submitted to the
24 chairman the professional resumes of two of the
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1 professionals ; they may or may not offer
2 testimony . If they do, they have no interest in
3 this project other than their professional fees ,
4 and qualify as experts if called to testify .
5 Standing to my immediate left ,
6 to your right , is Kevin Stough of Centex Homes ,
7 who appeared before you in September in
8 connection with this project , and he will be
9 offering testimony this evening .
10 For the record, there was a
11 hearing on this particular parcel or a portion of
12 these parcels on September 8th, 2004 .
13 I would ask the commission, all
14 of whom but one who were present at that time , to
15 take notice of that particular hearing minutes ,
16 and we would like those incorporated in this
17 record; however, Mr . Chairman, as you requested
18 and as we are prepared to do, we will be treating
19 this evening as a review of the entire process
20 and offering testimony with respect to the extent
21 that there may be issues that we will testify to
22 for the public hearing that are available to the
23 public, and the commissioners that were here that
24 evening and the new commissioner, I have a copy
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1 of the transcript here should reference be
2 necessary .
3 With that I ' ll ask Kevin Stough
4 to offer his testimony . He is under oath and he
5 will walk through the project .
6 Before I do that , I just
7 realized for the record again that the material
8 that you were handed by the chairman dated
9 June 2 , 2004 , the conceptual plan, was not the
10 same plan that you heard in September .
11 That board is on the easel and
12 we have yet an additional plan this evening, so
13 this was an earlier draft of the plan that you
14 saw in September, and that September plan as you
15 will hear in a moment or two has been changed as
16 well , and Kevin will walk you through that as
17 well .
18 WHEREUPON :
19 KEVIN STOUGH,
20 having been first duly sworn, was examined upon
21 oral interrogatories and testified as follows :
22 MR . STOUGH : Actually that plan that
23 you have , we were before the Plan Commission and
24 the City Council in June and July with that
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1 concept plan .
2 From that concept plan we came
3 in with the plan on your left back in September
4 for our annexation, zoning, and in this case our
5 PUD site plan, so that ' s the difference between
6 what you have before you, and then what you don ' t
7 have before you is the plan on the left , and then
8 the plan on the right is the new plan that
9 incorporates changes and additional land that we
10 have -- we have assembled for this -- this
11 community .
12 Centex Homes has been building
13 in the Illinois division for about 50 years . We
14 are a national home builder . We are usually
15 ranked one , two, through five in the number of
16 homes built nationally .
17 Locally we are also in the top
18 tier as far as the number of homes constructed .
19 We are very excited about the opportunity to
20 build a large master plan community in
21 Yorkville .
22 I referenced the concept plan
23 that you have before you, was before you also in
24 June , and then went to the City Council in July .
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1 This PUD site plan was before
2 you in September and also before the City Council
3 Committee of the Whole in September .
4 Since then we have added some
5 additional land to the plan, and we ' ve also done
6 some -- I ' ll try to move over there so I can
7 point some things out . We have done some
8 rearranging of some land uses and fine tuning
9 some other aspects of the development .
10 If you recall my testimony back
11 in September, we came before the City in
12 springtime with the concept of coming in with a
13 traditional neighborhood with handling our own
14 stormwater management , school site , other land
15 uses on the property .
16 Early on the City asked us to
17 consider providing a very large open space for a
18 regional stormwater facility . We then
19 accommodated that .
20 Not too long after that point,
21 we were then asked by the City if we could also
22 look at donating extraordinary open space for
23 recreational purposes of a regional nature; in
24 other words , there is potential for a golf
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1 course , there is potential for large numbers of
2 ball fields .
3 This is not your typical
4 neighborhood park . This is -- in this particular
5 new plan is 240 acres of open space out of the
6 total of 624 .
7 So that ' s -- that ' s some of the
8 background history of -- of how we started out
9 working with the city and how we are getting to
10 this point .
11 The reason we are here before
12 you this evening is that we ' ve added 40 acres of
13 land along Route 47 and we ' ve also added two
14 acres of the Bertram farmstead to our land plan .
15 The other -- well, the land
16 uses that are different from this new plan from
17 the old plan is that given we ' ve got some land
18 along Route 47 , we have added a commercial
19 component to our land plan, we now have a major
20 intersection with Route 47 , it ' s going to be our
21 neighborhood -- grand entrance into our
22 neighborhood and also access to the commercial .
23 Also some land use addition is
24 that we have a fire station site on the property
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1 that we didn ' t have before . The -- Also the
2 Bertram farmstead is located where this A-1 is on
3 this map, and instead of simply going out there
4 and removing the farmhouse and removing the many
5 barns , some of -- a couple of which are quite
6 old, we are going to keep the farmstead in place ,
7 understanding that there is some language in your
8 proposed Comprehensive Master Plan for the south
9 area of town that wants to keep some of these
10 rural characters or rural components in place ,
11 and so we are going to keep that farmstead in
12 place . It ' s not going to be demolished as part
13 of our -- as part of our development .
14 The other changes to the land
15 use in this particular plan is that we are now
16 proposing a duplex neighborhood at the southwest
17 corner of Cannonball Trail and Galena, and by
18 doing that , we ' ve also incorporated additional
19 open space into the overall open space .
20 With the old plan we had 233
21 acres of open space ; with the new plan we have a
22 total of almost 241 acres of open space .
23 Assembling these additional
24 lands , we now have a total of 624 acres . The
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1 zoning that we are asking for this master plan
2 community is again B-3 for the commercial , R-2
3 PUD for the single family, R-2 PUD for the
4 duplexes , R-3 PUD for the townhomes , and R-4 PUD
5 for the condominiums .
6 We are also going to keep the
7 agricultural zoning category for the -- for the
8 2 . 2 acre farmstead . Again, wanted -- in keeping
9 with the existing nature of that farmstead, we
10 want to keep the zoning in place also .
11 Just as an update of the
12 surrounding land uses that are there now, it ' s
13 fairly simple . We are at this point surrounded
14 by farmland . To the south we do have some larger
15 lots that actually front on Corneils that have
16 some larger lots and homestead on there , but , in
17 essence, this neighborhood is surrounded by farm
18 land .
19 Also recall that the proposed
20 community does not -- what we ' re asking for this
21 evening has not incorporated any changes to the
22 Northgate commercial , also it does not
23 incorporate any changes to the Lacom commercial
24 at Galena and Cannonball Trail .
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1 The proposed land uses that we
2 are aware of at this point , as we know, there is
3 a company called Saratoga Homes that are going
4 through the approval process in Montgomery for
5 the north side of Galena and west side of Dixon .
6 You don ' t have it in your plan;
7 however, in our plan here , we ' ve superimposed
8 their neighborhood . They are proposing some
9 townhomes along Galena , and then the remaining is
10 single-family, the west side is some open space
11 adjacent to our open space .
12 I ' m not exactly sure what they
13 are going to do with the old farmstead there,
14 whether that ' s going to be kept as-is or whether
15 they are going to have that become commercial ,
16 but as we all know, Cannonball Trail is going to
17 incur a link with Dixon Road, and at the other
18 corners of Dixon, it ' s my understanding there is
19 going to be commercial components at the
20 northeast corner of Dixon, what is now Dixon and
21 Galena , and then as we know the Lacom property
22 has commercial at the southeast corner .
23 As far as other proposed land
24 uses , Oakland Land has their master plan
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1 community at the southwest corner of Galena and
2 47 .
3 We are hearing lots of
4 discussion about other developers moving forward
5 with other land uses , but at this point I
6 understand there is nothing that has come in for
7 review by the City .
8 The concept of providing the
9 substantial amount of open space that we ' re doing
10 in the middle and southern portions of the
11 property bodes well for what we call a
12 conservation clustering type of development .
13 In other words , you provide
14 large amounts of open space , but then you cluster
15 your land uses and your -- you cluster your land
16 uses in the other areas , and the positive thing
17 about doing a clustering-type development , it
18 makes that neighborhood or community more
19 walkable .
20 If you think about it , if we ' re
21 clustering all of our residential in this area
22 and we are clustering all of our residential in
23 this area , we are able to walk to the amenities
24 in the neighborhood easier than if we built
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1 single-family and the other residential land uses
2 throughout the whole -- the whole development , so
3 what we have proposed is the park, neighborhood
4 parks are located on the main north/south
5 collector, all of which we ' re locating such that
6 people have about a quarter mile walk to one of
7 the neighborhood parks .
8 Even though the school , the
9 elementary school site , is on the far north side
10 of the development , it ' s strategically located
11 there because as the property around it develops ,
12 it ' s going to be a true neighborhood park not
13 only for our neighborhood, but also the
14 neighborhoods that are going to surround it , so
15 there is going to be a substantial number of kids
16 that are going to be able to walk to that school
17 facility when it ' s ultimately built and the --
I8 and the community is built out -- going back to
19 the open space, the plan for the open space is
20 the city is intending that the stormwater
21 facility is going to be a regional stormwater
22 facility; in other words , it ' s providing
23 stormwater management not only for our
24 development , but it ' s going to provide stormwater
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1 management for up to 1900 acres in the immediate
2 area .
3 What that means is that as you
4 look at our developed portion of our land plan,
5 we don ' t have individual stormwater ponds
6 throughout our development , it ' s all going to be
7 located in the far southern end, so the
8 neighborhoods to our north and to our east, some
9 properties to our west and south, are going to be
10 able to send their storm water to this regional
11 stormwater facility .
12 The positive thing about doing
13 that is it opens up more commercial land and more
14 usable commercial land because those commercial
15 properties -- namely, the Northgate Shopping
16 Center, Lacom Shopping Center, anything that ' s
17 done at the southeast corner of Galena and 47 ,
18 and even anything that happens further north on
19 47 and potentially all the way up to 30 , can send
20 their stormwater to the regional facility and not
21 have to use valuable commercial land for their
22 stormwater management .
23 The other regional benefit of
24 having a substantial amount of open space is that
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1 it ' s not there just for our neighborhood; it ' s
2 going to be there for the residents of Yorkville .
3 If it becomes a golf course , it
4 will be open to the residents and open to a
5 larger population; if it ' s a number of ball
6 fields , the ball fields will be there to provide
7 recreation space for teams throughout the
8 community .
9 So the village, or the city, in
10 their wisdom has asked for this open space and
11 we ' ve been able to work with them to provide it .
12 The other I want to say
13 recreational use that we are proposing on the
14 site is of a private nature . We are going to
15 have what ' s called an amenities center located
16 near the entrance of our neighborhood .
17 The amenities center will have
18 a clubhouse , a pool , tennis courts , basketball
19 courts , sand volleyball , parking lots . The
20 clubhouse will have a work-out facility . The
21 clubhouse will measure about 6 , 000 square feet ,
22 so it ' s there for the use of all the residents of
23 our neighborhood, it ' s not a membership-based
24 clubhouse and facility .
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1 If you live in the
2 neighborhood, you ' re going to have access to the
3 pool and the other -- other uses on the site .
4 From a transportation
5 standpoint , given the fact that Galena ,
6 Cannonball and 47 are already in existence , we
7 are also providing a north/south collector
8 through our neighborhood, we are providing an
9 east/west collector through our neighborhood,
10 there ' s going to be , of course , the residential
11 streets that are within our smaller
12 subneighborhoods .
13 There is going to be a trail
14 system throughout the neighborhood, the south
15 side of Galena through the middle of our
16 neighborhood on the north/south collector, on the
17 east/west collector going by the school site, so
18 there is opportunities for kids to bike to school
19 that might be a little further away than would be
20 comfortable in walking to school .
21 CHAIRMAN LINDBLOM : Kevin?
22 MR . STOUGH : Yes . Sorry . Actually
23 I just want to mention besides the regional
24 benefits of the open space, we are going to
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1 participate in the -- in a sanitary sewer
2 intercepter system that is going to bring
3 sanitary sewer up to this part of the community,
4 not only for us , but it ' s going to be a regional
5 benefit for the commercial and other -- other
6 developments around here , and at that point , I --
7 MR. FEINSTEIN : Kevin, let me ask
8 you a few questions . Would you give us the
9 dimensions of the property? I mean, 600 acres is
10 a lot of land .
11 MR . STOUGH : Sure . Whether you look
12 at this small plan or you look at the ll-by-17 on
13 your -- in front of you, this property measures
14 about a mile and a half on the east/west and
15 about a mile and a half running north/south, so
16 even on a plan format, and looking at it from a
17 thousand feet above, you don ' t get that
18 perspective, but if you go out there and drive,
19 it is a substantial property .
20 MR . FEINSTEIN : How does this plan
21 relate to the Comprehensive Plan of the City of
22 Yorkville?
23 MR . STOUGH : The City has in their
24 Comprehensive Plan a transition neighborhood,
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1 which is in roughly the western half of our
2 property, they have a suburban neighborhood in
3 the eastern portion of our property.
4 We incorporate those components
5 into our land plan, and the substantial amount of
6 open space provides for -- actually let me jump
7 in real quick, the density actually dropped a
8 little bit from what we proposed back in
9 September compared to the new plan .
10 So in our opinion, with the
11 transportation system proposed, we are in keeping
12 with the Comprehensive Plan .
13 MR . FEINSTEIN : Do you have an
14 opinion as to whether or not this development
15 would have a material adverse impact on any of
16 the surrounding neighborhoods?
17 MR. STOUGH : No . Again, given that
18 we are connecting to those surrounding
19 neighborhoods with streets , and also the land
20 uses that we are proposing, the substantial
21 amount of the land use that ' s abutting the
22 property is the open space , so we will not have
23 any adverse impacts on the adjacent properties .
24 MR . FEINSTEIN : Would you again
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1 identify those portions of the property that are
2 currently annexed to the City of Yorkville?
3 MR . STOUGH : Yes . The future
4 Northgate Shopping Center and probably about half
5 of the adjacent condominium and townhome
6 neighborhood is part of the Northgate
7 residential , which is already annexed and zoned
8 in the city, and then the Lacom property is not
9 annexed and zoned; however, there is an
10 annexation agreement in place for that
11 property .
12 Our land plan differs from
13 theirs because we have more than half of the
14 property in open space , whereas they, in their
15 land plan, showed residential over the entire
16 property .
17 MR . FEINSTEIN : Does the creation of
18 a new parcel in Lacom that ' s a duplex parcel ,
19 would you describe for the community what has
20 occurred in that area and what type of product --
21 MR. STOUGH : Sure .
22 MR . FEINSTEIN : -- type of product
23 the duplex might be?
24 MR . STOUGH : Sure . If you look at
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1 the old plan, the single family neighborhood took
2 up a larger land area than what we are proposing
3 with the duplex .
4 We wanted to provide a
5 different product line in this neighborhood .
6 Even though it ' s a duplex use, one unit of the
7 duplex is 2 , 000 square feet , the other unit of
8 the duplex is 2 , 200 square feet, which is square
9 footages that are larger than some of our single
10 family that we are going to be offering in this
11 neighborhood, and all of those duplex units will
12 have that square footage . It ' s also a first
13 floor master duplex unit , and so -- There is a
14 path system surrounding the whole neighborhood .
15 We are going to market this product for people
16 who want to live in a first floor living
17 environment .
18 Might be -- Might be older
19 folks , it might be just anybody who -- who
20 doesn ' t want to necessarily have their bedroom up
21 on the second floor and other uses up on the
22 second floor .
23 MR . FEINSTEIN : And how does that
24 product relate to the area that you are at ,
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1 including the products that are going to be built
2 across the street?
3 MR . STOUGH : The Saratoga Homes
4 development that ' s being approved -- in the
5 process of being approved in Montgomery, we are
6 directly across the street from their townhomes ,
7 and again, we are across the street from the
8 farmstead . I ' m sorry, I don ' t know if that ' s
9 going to remain a farmstead or go commercial .
10 When we looked at this and
11 thought , you know, what land use would fit in
12 this area , this is another location where we have
13 a north/south collector and an east/west
14 collector .
15 It ' s kind of a cluster of
16 commercial , and in our thought , with them doing
17 townhomes and us doing townhomes in the southeast
18 corner, that it made sense to do a little higher
19 density use clustering in that area .
20 MR . FEINSTEIN : And would you
21 describe the differential in the school site from
22 the plan that was submitted in September?
23 MR . STOUGH : Yes . The site is now
24 15 acres . The original , or the previous plan,
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1 had 19 acres . We received feedback that the old
2 plan, which they were proposing an elementary and
3 middle school site , now our site is only going to
4 be an elementary school site, that the middle
5 school is going to go -- potentially go on a
6 nearby site, so the site is no longer looked at
7 as a campus of an elementary school and a middle
8 school .
9 CHAIRMAN LINDBLOM : Kevin and Fred,
10 I don ' t mean to cut you short . We ' ve seen 90
11 percent of this before and I think we ' ve got a
12 pretty good feel for what ' s new and different .
13 What I ' d be more interested in
14 right now is I ' d like to hear if there is public
15 comments on this .
16 MR . FEINSTEIN : Thank you .
17 CHAIRMAN LINDBLOM : We ' ve got a long
18 night ahead of us .
19 MR . FEINSTEIN : You bet .
20 CHAIRMAN LINDBLOM : Is there some
21 other comments to be made from the City -- or
22 from the public? I ' m sorry .
23 (No response )
24 CHAIRMAN LINDBLOM : Okay .
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1 Hearing --
2 MR . ALLEN : I have one question .
3 CHAIRMAN LINDBLOM : Yes , sir . Can
4 you please state your name?
5 WHEREUPON :
6 DERVIN ALLEN,
7 having been first duly sworn, testified before
8 the Plan Commission as follows :
9 MR . ALLEN : Dervin Allen . I heard
10 him mention a clubhouse and stuff . Is there a
11 homeowner ' s association that ' s going to be
12 attached to that?
13 MR . STOUGH : Yes .
14 CHAIRMAN LINDBLOM : Any further
15 questions , items ?
16 MR. FEINSTEIN : In order to make the
17 legal record again, will you incorporate the
18 transcript of the preceding hearing?
19 CHAIRMAN LINDBLOM : Yes , sir .
20 MR . FEINSTEIN : Thank you, sir .
21 CHAIRMAN LINDBLOM : Okay . With that
22 then, I ' m going to close that portion of the
23 public hearing for PC2004-06 .
24 We are now going to go to
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1 PC2004-32 , River Oaks Property Development, LLC,
2 Melissa A. May and Cheryl A. Lee, petitioners ,
3 have filed an application with the United City of
4 Yorkville, Kendall County, Illinois, requesting
5 rezoning from United City of Yorkville R-1
6 One-Family Residence District to United City of
7 Yorkville B-2 General Business District .
8 The real property consists of
9 approximately 3 . 43 -- 3 . 473 acres and is located
10 on Van Emmon Road east of Mill Street , west of
11 Woodland Drive, and south of Van Emmon Park in
12 the United City of Yorkville , Kendall County,
13 Illinois .
14 And speaking for the petitioner
15 is?
16 WHEREUPON :
17 MELISSA MAY,
18 having been first duly sworn, testified before
19 the Plan Commission as follows :
20 MS . MAY : Good evening . My name is
21 Melissa May . I am here on behalf of River Oaks
22 Property Development . My partner, Cheryl Lee , is
23 unfortunately at the builder ' s conference this
24 evening, so if you have specific questions
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1 regarding building, you are going to have to put
2 this off until she is going to be available to
3 answer these questions .
4 We are here tonight -- I ' m
5 obviously the shortest one here tonight , so I
6 apologize , and I ' ll try to make this as brief as
7 possible .
8 We are here tonight on a
9 rezoning issue . We ' ve got two parcels of land on
10 Van Emmon directly across from the ballpark .
11 These are two very heavily wooded lots , and we
12 have available -- I didn ' t realize that we were
13 going to have quite a few people tonight , so if
14 anybody wants to come and see copies of what our
15 plan is going to look like, we ' ve actually got
16 comprehensive plans that are preliminary
17 comprehensive plans . I think that my assistant,
18 Laurie , has some available to pass out if people
19 want to look at it .
20 I think the most important
21 thing to think about what we want to do with this
22 property, we are looking to zone it B-3 for a
23 particular reason .
24 Our original plan was we were
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1 intending to create an office park or an office
2 building, a professional center, in this property
3 that we could maintain as much of the natural
4 topography and as much of the wooded aspect of
5 this property as we could .
6 We felt like this property
7 would be ideal for a work environment , we don ' t
8 want to go in and take down any of the trees . We
9 want to keep as many of the trees as possible .
10 We would like to create some
11 amenities to create a professional environment ,
12 people feel comfortable in having a professional
13 work environment here .
14 Again, we have designed our
15 building around the land . We have gone in and
16 done our tree count , ascertained how many trees
17 are available on the property .
18 Several of the trees are
19 significant in size , they are over twenty inches
20 in diameter . It ' s our intention to keep as many
21 of those trees in place as possible, and we ' ve
22 designed the building actually to go around that
23 property .
24 The property is located in an
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1 area that is multi-zoned . We ' ve got
2 manufacturing on Van Emmon, we ' ve got residential
3 on Van Emmon, and we ' ve got business on Van
4 Emmon, as well as the park directly across from
5 Van Emmon .
6 What we are looking to do is
7 incorporate a professional building into this
8 property . We felt a professional building would
9 be important because it would not directly have a
10 negative impact on traffic .
11 We are looking for tenants to
12 be, for example , accountants , insurance agents ,
13 attorneys , that type of professional environment
14 where we wouldn ' t see any significant increase in
15 the amount of traffic that would go up and down
16 Van Emmon Road .
17 We are looking to be zoned B-3 .
18 We originally considered office zoning, but we
19 decided to go B-3 because we actually had some
20 people express an interest in having an art
21 gallery or an art type of facility on the first
22 floor of this building, and I think if you look
23 at the design of the building itself , it ' s kept a
24 residential feel to it , so it will blend very
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1 nicely with the surrounding community .
2 And I know that everybody is
3 tired and it ' s late and I ' ll keep this as brief
4 as possible and would be happy just to entertain
5 questions .
6 CHAIRMAN LINDBLOM : I guess I am a
7 little confused in your application . You are
8 asking for B-2 .
9 MS . MAY : I ' m sorry . You are
10 correct . It is B-2 .
11 CHAIRMAN LINDBLOOM : So it is B-2 .
12 MS . MAY : I ' m sorry, it ' s late .
13 CHAIRMAN LINDBLOM : Okay . Are there
14 other public comments at this time?
15 MR . SELKIN : Yes , I have a few .
16 CHAIRMAN LINDBLOM : Excuse me , sir .
17 Could I get your name, please , for the record?
18 WHEREUPON :
19 GARY SELKIN,
20 having been first duly sworn, testified before
21 the Plan Commission as follows :
22 MR . SELKIN : I ' m sorry . Gary
23 Selkin . Is this the lot that ' s already partially
24 clear cut already?
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1 MS . MAY : No . These are the lots
2 that have all the trees on them . We haven ' t done
3 any clearing . Somebody to the east of that .
4 MR . SELKIN : Okay . Thank you .
5 CHAIRMAN LINDBLOM : Other questions?
6 MR . PERMASTER : Yes , I have a few .
7 CHAIRMAN LINDBLOM : Your name,
8 please?
9 WHEREUPON :
10 BRUCE PERMASTER,
11 having been first duly sworn, testified before
12 the Plan Commission as follows :
13 MR . PERMASTER : Bruce Permaster . I
14 am the adjacent property owner .
15 MS . MAY : Yes .
16 MR . PERMASTER : The plan that you
17 have passed out , this is only for two parcels ,
18 this is only one . How about the other one?
19 MS . MAY : Correct . The other one we
20 are looking to rezone . A change that we might
21 consider, putting a second building on there .
22 We haven ' t gotten to that point
23 yet , we don ' t know whether we are going to do it .
24 We are looking at -- right now we ' ve got two
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1 parcels , each of which is slightly over one and a
2 half acres , and so we are looking at only doing
3 one of these buildings right now .
4 The other land currently is
5 vacant . We haven ' t decided yet whether we would
6 build like a Phase II similar to this or not .
7 MR . PERMASTER : Does it make sense
8 then to rezone both of them now not knowing what
9 might come about on the second?
10 CHAIRMAN LINDBLOM : The petitioner
11 is asking for the one .
12 MS . MAY : No , actually we are asking
13 for both parcels .
14 MR . PERMASTER : The paper says two .
15 CHAIRMAN LINDBLOM : You are asking
16 for both .
17 MS . MAY : Two lots adjacent , yes .
18 CHAIRMAN LINDBLOM : Oh , two lots ,
19 yes .
20 MR . SCHILLINGER : Would it be --
21 Would it be -- Personally I like the plan .
22 MS . MAY : Thank you . We are very
23 proud of it .
24 MR . SCHILLINGER : I live very close
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1 to this , I think it ' s an asset compared to what
2 could go there . If it goes the way it ' s laid
3 out , beautiful .
4 The only thing that scares me
5 is that you are asking for office zoning -- No,
6 you ' re not asking for office zoning . You ' re
7 showing office, but you are asking for business
8 zoning .
9 MS . MAY : Correct .
10 MR . SCHILLINGER : Would it be
11 possible to ask for office zoning with a special
12 use purpose for business ?
13 MS . MAY : We would consider doing
14 that as well because our -- the only reason we
15 wanted to expand it into the B-2 zoning was we
16 had been approached by somebody who might have
17 been interested in putting an art gallery in
18 there, which we thought would be a great asset
19 from an office perspective .
20 MR . SCHILLINGER : And given the area
21 that it ' s in, an art gallery to me would be fine,
22 but a convenience store just simply wouldn ' t .
23 MS . MAY : Agreed . Agreed . And that
24 is --
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1 MR . SCHILLINGER : That ' s why I would
2 suggest possibly special use as opposed to a
3 straight .
4 CHAIRMAN LINDBLOM : Let ' s go back to
5 this when we discuss the hearing . Is there
6 any -- Any other comments ?
7 MR . PERMASTER : Yeah . I had some
8 questions , particularly when it comes to assuming
9 that you are going to extend the water and
10 sewer --
11 MS . MAY : Correct .
12 MR. PERMASTER : -- for this
13 building . Is that water and sewer going to be
14 extended to both lots or just one?
15 MS . MAY : We haven ' t gotten to that
16 point in our planning, but we probably would
17 extend it to both .
18 MR . PERMASTER : Well , in that case
19 it would cross a piece of my property, and I
20 would need to have an understanding whether or
21 not the existing owners which own property that
22 the sewer must cross would be subject to bearing
23 the cost of that to cross their property .
24 MS . MAY : At this point in time we
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1 don ' t have any intention of having that be a cost
2 with the current property owner, and I understand
3 that that ' s the driveway that you have that ' s
4 between the two lots , correct?
5 MR. PERMASTER : Yes .
6 MS . MAY : Okay . Well , we wouldn ' t
7 consider that being a cost of yours .
8 MR . PERMASTER : How about , speaking
9 for somebody who isn ' t here, where the sewer ends
10 now and the water is now to where your property
11 begins?
12 MS . MAY : Well , actually, at the
13 risk of sounding like a -- one of the planned
14 unit people, that ' s beyond the scope of what
15 we ' re here to discuss tonight .
16 We ' re just here to discuss
17 whether the zoning would be appropriate or not .
18 I mean, dealing with costs for sewer and water, I
19 think that ' s further down the line as far as . . .
20 MR. PERMASTER : One other question,
21 in keeping with the zoning question, do you plan
22 to extend the city sidewalks?
23 MS . MAY : At this point in time we
24 don ' t have any plans to do that , but we don ' t
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1 know where the city sidewalks end at this time .
2 I ' m not familiar with where the
3 city sidewalks end on Van Emmon, and I ' m not even
4 sure --
5 MR . PERMASTER : They end at the
6 adjacent property right now .
7 CHAIRMAN LINDBLOM : Well , I would
8 just reiterate that what we are looking for here
9 is rezoning, not planning .
10 MR . PERMASTER : Okay .
11 MS . MAY : And if those issues came
12 up, of course we would discuss them with the city
13 and would make those accommodations if they were
14 required .
15 MR . PERMASTER : And we talked about
16 the business zoning . There is no business zoning
17 that I am aware of between the Old Second Bank
18 and this property, which is about two and a half
19 or three blocks . I ' m east, and as I recall ,
20 there ' s no business zoning between there and the
21 Old Second .
22 MR . SCHILLINGER : On that side of
23 the street .
24 MR . PERMASTER : On that side of the
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1 street . There is some small businesses , et
2 cetera, on the other side of the street, but they
3 are hit and miss .
4 CHAIRMAN LINDBLOM : Okay . Anything
5 else?
6 (No response )
7 CHAIRMAN LINDBLOM : Did I see
8 another hand back there? No, I guess -- Good
9 idea . Anybody else?
10 (No Response )
11 CHAIRMAN LINDBLOM : If not, this
12 portion of the public hearing for the PC2004-32
13 is complete . Thank you .
14 Now we have PC2004 -33 , Midwest
15 Development , LLC, petitioner, has filed an
16 application with the United City of Yorkville,
17 Kendall County, Illinois , requesting annexation
18 to the United City of Yorkville and rezoning from
19 Kendall County A-1 Agricultural to the United
20 City of Yorkville R-2 One-Family Residence
21 District .
22 The real property consists of
23 approximately 102 . 75 acres on Fox Road east of
24 High Point Road, Kendall Township, Kendall
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1 County, Illinois .
2 And who is available for the
3 petitioner?
4 (No response )
5 CHAIRMAN LINDBLOM : Okay .
6 (No Response )
7 CHAIRMAN LINDBLOM : I ' m sorry,
8 apparently there is nobody here for petitioner
9 tonight, but this is a public hearing and
10 obviously a lot of you are here , I assume this is
11 what it ' s for, and I would open this up now for
12 any comments that you wish to make .
13 Again, the same rules apply .
14 Stand and be recognized, state your name, and
15 we ' ll hear your comments . Gentleman in the back .
16 Yes , sir .
17 WHEREUPON :
18 TED SCHNELLER,
19 having been first duly sworn, testified before
20 the Plan Commission as follows :
21 MR. SCHNELLER : My name is Ted
22 Schneller and I live at 33 Ford in Yorkville , and
23 I think I speak for some of the other people that
24 are here with our concerns about this
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1 development, the first of which is the density of
2 the proposed development .
3 Not only is it inconsistent
4 with the area, but it ' s inconsistent with both
5 the master plan of Yorkville and the town .
6 Everything that is west of --
7 represented in Fox now is located on one acre or
8 more , and the average size of a home in that area
9 is two acres , the average site .
10 The plan that they are calling
11 for has a density of three units per acre net ,
12 1 . 73 gross , which exceeds the master plan for
13 both the county, the city and, of course, the
14 area .
15 The biggest concern I think
16 most of us have is traffic . That development
17 conceivably would generate some 400 cars a day on
18 a road that there is already problems there .
19 I know the City at one point in
20 time was looking an extending Beecher, that was
21 shot down, so obviously the City is aware of the
22 fact that there is a problem there .
23 I went and timed the light
24 cycles at 47 and Fox, and the way the light
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1 cycles are set up now, it would take about two
2 hours to filter those cars through during morning
3 rush, which on top of what ' s there would be just
4 unimaginable .
5 I have heard that there is some
6 plans to widen Fox; that doesn ' t solve the
7 problem. If Fox was widened to six lanes , when
8 it gets to 47 , that funnel is still that big
9 around and those cars aren ' t going to go through
10 there any faster, so traffic is a real big
11 concern .
12 There are also concerns , people
13 have brought some photographs , with regard to
14 flooding . The area does already experience
15 flooding from time to time . I don ' t know -- I
16 mean, I reviewed the plan that the Plan
17 Commission had, it called for some lakes , which I
18 don ' t know if they are detention or retention, so
19 I don ' t know how they ' re going to handle the
20 stormwater .
21 Obviously, in our opinion, a
22 lesser density, in keeping with the master plan,
23 which, as I understand it -- and this is the old
24 one , I can ' t speak to what the new one is -- is
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1 an estate neighborhood, which is a transition,
2 and I think that any development that ' s going to
3 be there should be in keeping with the estate
4 neighborhood requirement of larger home sites ,
5 but in short , I don ' t see how we can build
6 anything that ' s going to put more traffic on Fox
7 Road when we ' ve already got a problem, and there
8 is no plan to alleviate the existing problem.
9 How can we contribute to that problem?
10 CHAIRMAN LINDBLOM : Okay . I ' ve just
11 been advised that some legal notices were not
12 sent out in time . Thus , this public hearing is
13 going to have to be republished again, but I do
14 want to hear what you people have to say . You
15 have waited here tonight , you ' ve been kind enough
16 to sit through all this , and I ' d like to hear
17 what you have to say on this issue , but it is
18 going to come up again .
19 So with that being said,
20 let ' s -- Sir, go ahead . State your name .
21 MR . ALLEN : It ' s going to be
22 reposted on the property that ' s in question?
23 CHAIRMAN LINDBLOM : I ' m sorry?
24 MR . ALLEN : It will be reposted on
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1 the property?
2 CHAIRMAN LINDBLOM : You will be
3 renotified . The adjacent property owners will be
4 renotified of a future public hearing .
5 MR . ALLEN : We are not all adjacent
6 property owners .
7 CHAIRMAN LINDBLOM : That is the
8 rule .
9 MR . GRAFF : Everybody within 500
10 feet gets notified per our city ordinance .
11 AUDIENCE : None of us got notified .
12 MR . GRAFF : That ' s why they ' re not
13 here , they didn ' t follow the rules . They didn ' t
14 send out the notices .
15 MR . ALLEN : But the sign was up, so
16 we got notified . Well , that being said, I have a
17 letter that I would like to give to the --
18 CHAIRMAN LINDBLOM : Let ' s give it to
19 the -- is that -- That ' s not the letter from Tom
20 and Judy Gilmour, is it?
21 MR . ALLEN : No, it ' s another one .
22 CHAIRMAN LINDBLOM : Okay .
23 MR . ALLEN : One of the biggest
24 concerns is water . As you see , this is May 13th
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1 of this year -- of 2004 , I ' m sorry, and this
2 house here is on the corner of Fox and Fox Glen,
3 and the green area that he owns , this is the
4 green area, but you can see what it ' s doing, and
5 this is with no development over there, no water,
6 they ' re -- that ' s just natural run-off of about
7 an inch of rain .
8 CHAIRMAN LINDBLOM : Upon completion
9 of your -- At some point in your comments could
10 we maybe pass that around? I think for people
11 over here , it might be a little hard to see .
12 MR . ALLEN : I have some other
13 pictures , but I would like -- just so you
14 realize, this is off his deck, and if you look at
15 the aerial shot that I have , you can see how high
16 the water is .
17 The water was actually running
18 over Fox Road about a foot deep . This is a
19 Sunday evening and it was just unbelievable , so
20 we have the water issue out there, and solving it
21 by building more is not going to solve it . One
22 of my biggest concerns .
23 You mentioned the traffic on
24 Fox Road . Everybody knows Fox Road does not have
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1 a turning lane, it ' s not an improved
2 intersection . It ' s bad enough now, and I know
3 that the City has got a bigger plan of -- well ,
4 developers have a bigger plan of developing a lot
5 of land out there . My biggest thing is acre
6 lots .
7 All these pictures here of the
8 proposed property, other than Rivers Edge, I am
9 showing you what that is like . This is your
10 gateway to your city . I don ' t know why it cannot
11 be a nice, tree-lined road coming in the city
12 from the west . It ' s one of the main -- It ' s a
13 main road, the country setting is there .
14 All these pictures have been
15 taken, this is Silver Springs , this is White
16 Oaks , this is Fox Glen, and the setbacks off the
17 road are very far back . It would be nice to keep
18 that green area .
19 This is adjacent across the
20 street from where the forest preserve just bought
21 property, so the exit of their forest preserve is
22 going to be looking at whatever we put there, and
23 I would just like to have that all taken into
24 consideration, and again, I will say that they
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1 are estate sized lots out there .
2 Everything that ' s been built ,
3 they are all above an acre, and I would like to
4 see a minimum of an acre on anything that comes
5 before this committee . Thank you .
6 CHAIRMAN LINDBLOM : Okay . Thank
7 you . Somebody else? If you wouldn ' t mind,
8 gentleman with the shades .
9 WHEREUPON :
10 TOM BOYER,
11 having been first duly sworn, testified before
12 the Plan Commission as follows :
13 MR . BOYER : Hi , Tom. Mike Boyer, 61
14 Ford Drive .
15 CHAIRMAN LINDBLOM : Hi , Mike .
16 MR . BOYER : I was a little appalled
17 when I seen this thing here . It ' s probably an
18 embarrassment , that ' s probably why they are not
19 here .
20 For everybody concerned here ,
21 to pull something like that and not show up is a
22 waste of time for you guys , I am pretty
23 disgusted, and whatever development party that
24 represented them, definitely, by not being here,
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1 and it ' s kind of a slap in the face of you guys ,
2 the people that live through this whole
3 community .
4 We have comprehensive plans .
5 We ' re not going to play their games . You guys
6 did a great job getting the Boy Scout Camp, one
7 of the best things the City has ever done .
8 (Applause )
9 MR . BOYER : We ' re going to maintain
10 that atmosphere on Fox Road, whatever it takes .
11 This outfit that comes here doesn ' t even have the
12 guts enough to show up and throw something like
13 this here to all the neighbors involved and not
14 show up, we ' re not going to put up with that kind
15 of thing .
16 UNIDENTIFIED SPEAKER: They stand up
17 and show us --
18 CHAIRMAN LINDBLOM : Ma ' am, please .
19 MR . BOYER : And I ' m just a little
20 appalled that they went through this and it ' s a
21 waste of time not only for you guys , but -- and
22 all the neighbors and everything we have here .
23 You understand what ' s going on .
24 I think you know what you want to create on Fox
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1 Road .
2 Tom, you live on Fox Road, and
3 this is where we are all coming from, and please,
4 if we have enough money, I can remember when Tom
5 used to give out 50 cents to my kid running
6 races .
7 If we can make a little bit
8 bigger sign, if we post something on there , I
9 rode past that property a hundred times , and
10 swear to God, I didn ' t see it . I don ' t know,
11 it ' s a little sign, it says public hearing .
12 But if we ' re going to do
13 this -- And I 'm just right next door, I never
14 seen it , and I was not aware of it , and I don ' t
15 like being caught by surprise because I do
16 usually make a record on whatever else comes out .
17 That ' s all I have to say . Hopefully this thing
18 doesn ' t go through or we ' re going to get what we
19 want . Thank you .
20 CHAIRMAN LINDBLOM : I have a letter
21 from Tom and Judy Gilmour . I am not going to
22 read the whole thing . Are you here?
23 MR . GILMOUR: Yeah, we are here .
24 CHAIRMAN LINDBLOM : Would you care
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1 to speak to this? I ' m going to turn it in to the
2 court reporter for the record .
3 WHEREUPON :
4 TOM GILMOUR,
5 having been first duly sworn, testified before
6 the Plan Commission as follows :
7 MR . GILMOUR : You can read the
8 letter if you would, and since we have the
9 opportunity of seeing how the developer couldn ' t
10 show up, that maybe we can give some written
11 notes and deliver them to the clerk as a written
12 record as the residents of this area, so you
13 know how we all feel about it . Would that be
14 okay?
15 CHAIRMAN LINDBLOM : Yes .
16 MR. GILMOUR: Okay . My name is Tom
17 Gilmour . I live on 23 Fox Glen Drive across the
18 street from the proposed development , and I just
19 want to echo the same thing that ' s been said here
20 with a few other additional comments .
21 One, my wife is a school
22 teacher, and even though I suppose this maybe
23 isn ' t the issue to be brought up right here , but
24 the higher the density of the housing, the more
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1 people we ' re going to have in the schools .
2 Already I think we ' ve got two
3 referendums coming up this spring . This is
4 another issue that we are going to be facing
5 here, and in particular with the property across
6 the board, there is some issues with drainage and
7 springs .
8 All of the people in our
9 subdivision and down Fox Road know what the
10 ground water is like there , and we ' re very
11 concerned about the water run-off there .
12 Another neighbor, who is a
13 friend of the farmer currently running the farm
14 right now, knows where there is one active spring
15 dead center in the middle of that property, and
16 at the south end of that thing there he ' s kicking
17 mud up on the tires every time he goes through
18 there from the sound of it .
19 So we would just like you to
20 consider it a little more carefully as far as
21 retention and water run-off and lot size . Thank
22 you .
23 CHAIRMAN LINDBLOM : Okay . I ' m just
24 going to accept one or two more comments tonight .
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1 I have a feeling we ' re going to start repeating
2 ourself . Gentleman in the back and then let ' s
3 wrap this up .
4 WHEREUPON :
5 TIM RIGGS ,
6 having been first duly sworn, testified before
7 the Plan Commission as follows :
8 MR . RIGGS : My name is Tim Riggs and
9 I live at 45 West Fox Glen Drive . I live at the
10 lowest end of the development , and I think one
11 thing that -- and I would like to hope that any
12 engineering firm doesn ' t just look at the ground
13 across the street because that ' s really not the
14 problem.
15 The pictures you saw were Jeff
16 Nelson ' s back yard . Yeah, we had like a little
17 over an inch within an hour . That ' s all we had,
18 but the ground was completely saturated prior to
19 that .
20 Now that ' s without any building
21 or any form of restriction at all . Everything is
22 coming from Route 71 all the way down to where I
23 live . Putting streets in there , what ' s that
24 gonna do?
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1 The other problem is do you
2 know where the water goes once it goes by my
3 place? Do any of you people know? Does the
4 developer know? No, because he don ' t care to
5 look .
6 It goes under the cement
7 culvert that goes under the railroad
8 right-of-way . That culvert could not handle that
9 one inch of rain that we had in one hour . How is
10 it going to handle the water flow that ' s going to
11 come down all the paved streets that will
12 eventually will lead all the way to Route 71 ?
13 And the problem is not just
14 Jeff Nelson ' s home , but what about my home? I ' ve
15 gone through oh, good Lord, a lot of money and
16 expense, loss of trees , bank erosion, just from
17 Mother Nature .
18 Now put this subdivision in,
19 what ' s that going to do to my property? Is that
20 going to come in and back up in my basement
21 because I ' ve got a walk-out basement?
22 Are we going to self-inflict
23 damage to my property based on you people ' s
24 conclusion?
Depo Court Reporting Service ( 630 ) 983-0030
99
1 MR . GILMOUR : And where that water
2 goes .
3 CHAIRMAN LINDBLOM : Please .
4 MR . RIGGS : Why do we self-inflict
5 damage on these people ' s property here? If that ,
6 was you, you wouldn ' t want that to happen to you .
7 I appreciate you listening .
8 CHAIRMAN LINDBLOM : Okay . I ' m going
9 to wrap this up . I appreciate everybody ' s
10 patience with this . On behalf of the City at
11 least , I would apologize that somehow it didn ' t
12 come to our attention earlier, it ' s one of those
13 things that didn ' t .
14 I apologize for you having to
15 stay here for what , two and a quarter hours , to
16 really have nothing happen .
17 This will be republished
18 again then and people will be notified, and I
19 would just ask the commissioners then to not
20 make any judgments on this until the petitioner
21 has a chance to address these concerns in the
22 future .
23 Okay . Thank you very much .
24 And, by the way, you have my assurance this
Depo Court Reporting Service ( 630 ) 983-0030
100
1 will not be discussed further tonight on this
2 issue .
3 With that , could I have a
4 motion to close the public hearing?
5 MS . LUCIETTO : So moved .
6 MR . JONES : Second .
7 CHAIRMAN LINDBLOM : Moved and
8 seconded to close the public hearing . Those in
9 favor signify by saying aye .
10 (A Chorus of Ayes )
11 CHAIRMAN LINDBLOM : Opposed?
12 (No Response )
13 CHAIRMAN LINDBLOM : The meeting is
14 adjourned .
15 (Which were all the
16 proceedings had at
17 the time and place
18 aforementioned . )
19 ---000---
20
21
22
23
24
Depo Court Reporting Service ( 630 ) 983-0030
101
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 and Registered Professional
7 Reporter doing business in the State of 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 WITNESS WHEREOF I have hereunto set
15 my and ,this 11l 16. day of
16 2005 .
17
18
19 J
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 Commission Multi-Page TM $50,000 -backing
January 12, 2005
33[1] 85:22 41:14 56:19 agree[51 14:22,22 38:11 82:17
-$- 345[11 34:17 accommodations[1] 42:21 43:4 approval[11 60:4
$50,000[11 42:7 355-1458[11 2:13 83:13 agreed[s1 15:19 24:8,9 approved[a1 15:1 51:21
380[11 2:12 accountants[11 76:12 80:23,23 70:4,5
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-0- 400[11 86:17 46:1,3 51:17 57:5,12,14 agriculture[11 29:14 91:18 95:12
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Depo Court Reporting Service Index Page I
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page backs - contiguity
January 12, 2005
backs[11 35:15 brief[3] 21:6 74:6 77:3 center[n] 4:17 5:23 7:11 37:16 41:7,18 42:4 48:5 62:18 64:8 66:3 68:19
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68:4 75:2 96:15 CLARENCE[1] 2: company i
ball[31 57:2 64:5,6 bring[11 66:2 p y[ 1 60:3
ballpark[l] 74:10 BROMBEREK[il ccnter/gas[1] 8:23 clarification[3] 12:10 compare[1] 51:24
bank[21 83:17 98:16 2:12 Centex[4] 51:7,15 53:6 14:3 25:14 compared[31 49:2 67:9
brought 6 55:12 clarify
bargaining(i1 21:21 gh [ ] 15:24 31:11 Central[z1 37:10 38:1 48:5,20[ 1 5:18 44:20 80:1
barns(11 58:5 44:1 49:10 87:13 95:23 Complete[i1 84:13
cents[i] 94:5 classification[1] 34:20
based[i1 98:23 Bruce(z1 78:10,13 completely[1] 97:18
buffer[61 15:7 21:17,20 certain[1] 6:6 classifications[il completion[1] 90:8
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basis[1] 11:8 y Comply[2] 21:23 33:5
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basketball[i] 64:18 15:12 Certified[1] 101:5 clauses[11 15:18
components[3] 58:10
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board[61 37:14 38:5,5 94:24 98:4 3 44:8 50:2 76:18
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bodes[11 61:11 54:23 72:8 73:19 792:1
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cash[z] 38:9 46:6 55:24 56:2,11,16,21 57:9 Commissioners[z]
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93:9,19 82:22 83:153,12 84:16,18 56:3 92:5 Containing[il 4:15
breeding[1] 44:12
caught[z] 5:13: 94:15 84:20 86:13,19,21 89:10
communicate[1l 49:22 contains[1l 101:12
caveats[i] 49:4 91:3,10,1193:7 99:10
BRIAN[i] 2:7 cement(i1 98:6 Community[ia] 37:3,8 Contiguity[i] 30:3
City's[sl 33:11 36:12 55:11,20 59:2,20 61:1,18
Depo Court Reporting Service Index Page 2
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission -Page TM contract-farmland
January 12, 2005
contract[il 10:16 dated[2] 14:14 54:8 dinner[1] 19:3 63:8 73:10 78:3 83:19 99:9
contribute[il 88:9 Dave[2] 42:16,19 direction[1] 36:19 8423 Ex[al 10:1516:8,15 23:15
convenience[il 80:22 DAVIS[2] 2:6 25:10 directly[61 18:17 30:3 east/west[a] 65:9,17 exactly[1] 60:12
66:14 70:13
conversation[il 38:4 dead pi 96:15 70:6 74:10 76:4,9 examined(i] 54:20
Conversations[1] 43:23 dealing[1] 82:18 discuss[sl 32:8 81:5 eastern[1] 67:3 example pi 76:12
copies[1l 74:14 death[1] 39:21 82:15,16 83:12 echo[1] 95:19 exceeds[1] 86:12
copy[z] 20:22 53:24 decided[s] 13:13,22,24 discussed[1] 100:1 Edge[1] 91:8 except[1] 19:16
Corneils[11 59:15 20:1,11 34:15 76:19 79:5 discussion[ll] 3:5,11 eight[11 36:6 exception[2] 16:10 17:1
decision[21 20:18 34:6 3:23 17:21 26:4,13 31:10 either[1] 40:1
comer(ls] 4:20 10:10 excited[i] 55:19
38:8 46:9 50:5 61:4 element a
11:18 12:6 21:12 24:5 deck[1l 90:14 elementary[ l 62:9 712 excuse[2l 18:11 77:16
28:8 30:21 35:24 36:7 disgusted(�] 92:23 71:4,7
dedication[l] 37:24 distances[i] 49:13 existence[il 65:6
46:13 58:17 60:20,22 61:1 eliminate[3] 11:13,23
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63:17 70:18 90:2 P district[io] 4:15,16 28:6 22:18 existing[7] 11:1 16:23
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82:4 101:11 demolished[1] 58:12 60:20 expense[1] 98:16
Emmon[io] 33:11 73:10
correctly[1] 11:12 densities[1] 49:6 doesn't[s] 69:20 87:6 73:11 74:10 76:2,3,4,5516 experience[2] 37:8
corridor[41 35:2,6,16 density[ill 34:17 48:8 93:11 94:18 97:12 83:3 87:14
37:10 48:17,18 49:5 67:7 70:19 dogs[31 31:1142:4,4 employee[1] 23:14 experts[1] 53:4
cost[3] 81:23 82:1,7 86:1,11 87:22 95:24 donating pl 56:22 encountered[1] 13:11 explained[l] 28:16
costs[il 82:18 department[l] 40:17 donation[1] 46:5 end Ul 23:3 63:7 83:1,3,5 express[l] 76:20
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55:24 56:2 describe[2] 68:19 70:21 41:20,23 56:5,7 63:17 ends[il 82:9 extend[3] 81:9,17 82:22
counsel[1] 25:22 design[3] 33:15 34:3 75:16 78:2 93:7 engineering[61 5:10 extended[1] 81:14
count[il 75:16 76:23 door[il 94:13 29:23,24 40:17 41:3 97:12 extending[1] 86:20
country t 91:13 designed[2] 75:14,22 down[131 5:13 12:6 enhance[il 37:7
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28:2,4,10 73:4,12 84:17 details[1] 29:18 96:9 97:22 98:11 entered[ll 48:16 extent[1] 53:20
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64:3 65:10 83:12 86:13 P 73:11 92:14 95:17 97:9 -F-
13:14 driver[1] 40:2 entire[3] 15:6 53:19
court[2l 28:22 95:2 developed[31 41:9 48:6 68:15 face[1] 93:1
courteous[2] 9:555 63:4 driveway[s] 16:10 facility[9] 56:18 62:17
courts(2] 64:18,19 22:10,19 23:15 82:3 entirely[1] 47:12 62:21,22 63:11,20 64:20
developer[31 29:22 95:9 dropped[1] 67:7 entrance[s] 37:1,2,6 64:24 76:21
Craig[4] 5:6,10,17 30:10 98:4 41:23,24 44:17 57:21
drugstore[1] 5:24 facing[i] 96:4
create[a] 75:1,10,11 developers[21 61:4 91:4 64:16
93:24 Duane[3] 22:355,8 fact[sl 10:12 11:24 17:12
developing[2] 19:6 91:4 dui Zo entrances[ll 43:3 65:5 86:22
creation[1] 68:17 y( 1 5:7 12:21 18:7
development[3�1 4:14 environment[sl 69:17
cross[3] 81:19,22,23 8:16 10:13 14:24 15:16 21:3 22:6 24:2 29:7 32:16 75:7,11,13 76:13 factor p3 15:15 facto 3
39:6 42:17 54:20 72:7
cross-examine[1] 29:1 19:16 27:23 29:4 33:18 a ui ment[2] 31:24 factory[ ] 23:2 24:7,10
73:18 77:20 78:11 85:19 4 P
33:22 35:4 37:6 41:11,13 fair[i] 32:23
CROUCH[61 3:21 6:18 92-1195:5 97:6 101:4 43:5
51:8,9 56:9 58:13 61:12 fairly 6:20 9:13,18 25:8 61:17 62:2510,24 63:6 duplex[91 58:16 68:18 erosion(�] 98:16 y[2] 11:3 59:13
CSR[il 101:21 67:14 70:4 73:1,22 84:15 68:23 69:3,6,7,8,11,13 essence[i] 59:17 fairness[1l 9:18
cul-de-sacs[2] 36:1,2 86:1,2,16 88:2 90:5 92:23 duplexes[il 59:4 establish[1] 37:2 faith[2] 20:4,5
culvert[21 98:7,8 95:18 97:10 during[1] 87:2 establishing[11 37:4 fall[2] 10:20 13:21
current[61 13:21 19:658 developments[il 66:6 estate[s] 48:6,7 88:1,3 familiar[il 83:2
48:5,8 82:2 develops[1] 62:11 _E_ 92:1 family U] 29:15 30:11
cut[2] 71:10 77:24 diameter[1] 75:20 E[41 2:1,1,11,11 ct[a] 6:1 39:23,23 84:1 31:1 34:16 59:3 69:1,10 cycles[2] 86:24 87:1 dictate(i] 33:2 evening[121 5:9 32:18 far[iol 33:3 34:4 36:17
difference[21 8:19 55:5 early[3l 30:17 31:6 56:16 52:20 53:9,19,24 54:12 55:18 60:23 62:9 63:7
-D- different[91 8:14 13:19 easel[21 10:5 54:11 57:12 59:2173:20,24 82:19 91:17 96:20
13:20 47:12 48:14,15 easement[6] 31:21,21 90:19 farm[91 1:10 31:24 39:10
D-747705[il 1:22 57:16 69:5 71:12 39:17 40:6 44:3,8 eventually[2] 23:11 42:21 43:5 44:4,5 59:17
damage[2] 98:23 99:5 differential[il 70:21 easements[3] 43:10,21 98:12 96:13
45:2 farmer[1l 96:13
Dan[il 29:22 everybody[7] 10:7 14:6
differs[�] 68:12 easier[2] 52:7 61:24 14:19 77:2 89:9 90:24 farmhouse[il 58:4
dangerous[il 42:23 dimensions[1] 66:9
date[1] 45:21 easily[1] 49:6 92:20 farming[1] 40:9
DINA[1] 2:10 east[s] 2:12 33:143:12 everybody's[2] 10:6 farmland[1] 59:14
Depo Court Reporting Service Index Page 3
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page`M Farms -Jeremy
January 12, 2005
Farms[6) 27:23,24 29:11 52:5 54:2172:8 73:19 Glen[a) 90:2 91:16 95:17 heirs pi 14:21 include[1) 49:21
29:12,20,21 77:2178:12 85:20 92:12 97:9 HEITZ[1) 2:12 including[2) 36:22 70:1
farmstead[9) 57:14 58:2 95:6 97:7 God[2] 39:24 94:10 hereby pi 14:22 inconsistent[2] 86:3,4
58:6,11 59:8,9 60:13 70:8 foot[3) 17:7 31:2 90:18 goes[n] 12:6 16:7 38:10 hereunto[i) 101:14 inconvenience[1) 8:15
70:9 footage[1] 69:12 42:24 80:2 96:17 98:2,2,6
fast[i) 39:24 foots es[i� 69:9 98:7 99:2 Hi[3) 18:15 92:13,15 incorporate[a) 59:23
g 2 67:4 72:17 76:7
faster[i) 87:10 Ford[2) 85:22 92:14 golf[2) 56:24 64:3 high[ ) 8470:90:15
higher[z] 70:18 95:24 incorporated[3) 53:16
favor[s) 3:13 4:1 26:6 forego[1) 20:1 gone[a] 30:8 42:875:15 58:18 59:21
27:8,18 50:8 51:1 100:9 98:15 highlight pi 32:21
foregoing[z] 101:9,10 history incorporates[i) 55:9
Faxon[i) 23:11 gonna[i) 97:24 ry[3) 21:6 22:1 57:8 .
forest[2) 91:20,21 g increase[�1 76:14
features[i) 37:4 good[iz) 5:9 12:14 19:23 hit[i) 84:3
February[11 14:15 forget[i) 45:21 incur[1) 60:17
20:4,5 22:23 32:18 39:18 HOLDIMAN[2) 2:3
feedback[11 71:1 form[2] 42:5 97:21 71:12 73:20 84:8 98:15 27:14 indicate[1] 12:4
53:3 format[i] 66:16 Graff[s) 6:10 8:7 41:1 holding 111 20:12 individual[i) 63:5
fees[1) 53
feeling 97:1 forth[3) 34:2,17,22 89:9,12 home[6] 46:2 55:14 86:8 information[1] 33:12
forward[3) 20:3 38:4 grand[1] 57:21 88:4 98:14,14 infrastructure[1) 46:6
feet p91 11:17 15:4 17:14 61:4 Granted[i) 23:16 homeowner's[i) 72:11 instead[11 58:3
17:19 21:19,23 22:22 23:4 foundation[i) 34:5
33:1 35:14,20 36:14,15 great[2) 80:18 93:6 homes[io] 36:5 43:11 insurance pi 76:12
36:16 64:21 66:17 69:7,8 four[i) 24:18 green[s) 11:1 16:9,15 51:7,15 53:6 55:12,16,18 integrated[i] 11:8
89:10 Fox[is) 84:23 86:7,24 45:13,18 90:3,4 91:18 60:3 70:3
intend[i) 8:6
Feinstein[17) 52:1,4,11 87:6,7 88:6 90:2,2,18,24 gross[i) 86:12 homestead[1] 59:16
90:24 91:16 93:10,24 94:2 intending[2) 62:20 75:1
52:14,15 66:7,20 67:13 ground[3) 96:10 97:12 hope[3] 20:12 33:13
67:24 68:17,22 69:23 95:17 96:9 97:9 97:11 intention[a) 37:20,23
70:20 71:16,19 72:16,20 frankly[2) 11:20,23 group hopefully 2 75:20 ion
group[2) 45:4 47:18 P Y[ ) 37:17 intentions[1] 34:8
felt[z) 75:6 76:8 Fred[a) 52:4,6,14 71:9 94:17
fences[1] 40:8 friend[2] 39:12 96:13 guess[6) 4:8 7 12:23 hopes[a) 20:2 34:5 35:4 intercepter[i) 66:2
8
48:4 77:6 84:8 Pe interest[a] 13:5 38:6
fencing[2) 15:14 31:13 front[6) 11:21 12:2,9 guidelines[11 48:17 37:21
53:2 76:20
few[6) 23:22 66:8 74:13 47:8 59:15 66:13 guts[i) 93:12 hoping[z] 32:12 33:24
interested[3) 40:3 71:13
77:15 78:6 95:20 fully[i) 16:19 horses 44:12[11
guys[s) 14:7 92:22 93:1 80:17
fields(3) 57:2 64:6,6 funnel[1] 87:8 93:5,21 hour[3) 1:9 97:17 98:9 interests[1) 7:10
Fifth[11 2:12 future[lo] 7:2 11:23 hours[3) 20:8 87:2 99:15 interior[i] 10:23
fight[1] 20:11 12:12 33:5 34:2 41:13 -H- house[i) 90:2 interrogatories pi
filed g
led[s) 4:12 28:1 51:15 46:10 68:3 89:4 99:22
half[9) 32:8 38:6 66:14 houses[�) 15:9 54:21
73:3 84:15 -G 66:15 67:1 68:4,13 79:2 housing[i) 95:24
filter[i) 87:2 intersection[�) 22:22
83:18 Huinker[i) 29:22 22:23 23:4 49:13 50:1
finally[l] 36:10 Galena[9] 58:17 59:24 hand[s] 5:1 28:12 51:20 hundred[t] 94:9 57:20 91:2
financing[i] 15:13 60:5,9,21 61:1 63:17 65:5 84:8 101:15 introduce[i] 35:9
65:15
fine[2] 56:8 80:21 handed[i] 54:8 -l- involved[1) 93:13
gallery[3) 76:21 80:17
finished[1) 26:12 80:21 idea[a] 22:23 40:14,15 handle[3) 87:19 98:8,10 issuance[11 14:23
fire[t) 57:24 handling[11 56:13 84:9 issue[is) 4:24 6:8 9:9
firm[z] 52:15 97:12 Game[ii 1.10 handout[2) 5:24 8:5
ideal
awes[i) 93:5 pi 75:7 16:2,14 31:3,4,17 32:5
37:13 42:2 44:3 74:9
first[z7] 5:7 12:21 13:1 g happy[2) 17:10 77:4 identified[i) 41:17
18:7 21:3 22:6 24:2 29:7 Gary[2] 77:19,22 88:17 90:20 95:23 96:4
y[
hard pi 90:11 identify 3
32:16,22 39:6 42:17 51:14 g as[,91 5:23 6:217:11
) 11:24 35:2 100:2
54:20 69:12,16 72:7 73:18 13:2,3,6,12,14,24 14:7,9 Harper[) 29:22 68:1 issues[is] 11:5 14:9
76:2177:20 78:11 85:19 18:21,23,24 19:6,12,16 Harvestors[2] 39:22,23 II[1] 79:6 30:17 31:14,24 32:22 33:4
86:1 92:11 95:5 97:6 19:18 20:18 hash[i) 14:6 Illinois[17) 1:2,112:13 39:14 42:12 45:2 47:16
101:4 gas/petroleum[11 4:17 hazards[i) 42:22 2:15 4:13,22 28:2,10 47:17 53:21 83:1196:6
fit[2] 34:6 70:11 gateway[2] 35:291:10 heat[lo) 7:10 9:7,12,20 49:10,12 55:13 73:4,13 item[a) 4:9 26:24 27:2
five[4) 17:19 45:24 46:2 General[t) 73:7 45:16 54:15 71:14 85:15 84:17 85:1 101:1,7 51:14
55:15 generate[ij 86:17 88:14,16 immediate[3] 15:17 items[a) 50:20,24 51:11
flooding[z) 87:14,15 genetics[i] 42:8 heard[a] 45:13 54:10 53:5 63:1 72:15
floor[6) 26:3 69:13,16 Geneva[i] 5:11 72:9 87:5 impact[2) 67:15 76:10 itself[z) 36:17 76:23
69:21,22 76:22 hearing[39) 3:4,6,19 6:4 impacts[2) 31:7 67:23
gentleman[3) 85:15 7:7 25:7,9,12 26:3,12,20 important[3) 42:9 74:20 -J-
folks 98:10 92:8 97:2 P
27:13,16 38:23,24 47:20 76:9
folks[3) 39:12 41:3 69:19 Gentlemen[i) 20:24 JACK[1] 2:8
48:3 50:5,7,13,19,24 improved[2) 15:12 91:1
follow[1) 89:13 German[1) 44:12 53:11915,22 61:3 72:1, mprovement[�) 49:20
18 i January[i) 1:9
followed[1) 3:5 Gilmour[s) 89:20 94:21 72:23 81:5 84:12 85:9 Jason[io) 29:3,6,10 33:4
following[z] 3:6 15:2 94:23 95:4,7,16,17 99:1 88:12 89:4 94:11 100:4,8 improvements[2) 34:12 38:14,22 39:13
follows[21) 5:8 8:12 GIPE[i) 2:10 101:9,13 49:15,21 40:2142:11
12:22 18:8 21:4 22:7 24:3 given[6) 5:2224 [11 48:12 inch[3) 90:7 97:17 98:9 Jeff[2) 97:15 98:14
,24 57:17 inches[1) 75:19
29:8 32:17 39:7 42:18 65:5 67:17 80:20 heavily pi 74:11 inc Jeremy[i] 29:18
Depo Court Reporting Service Index Page 4
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page Jim-need
January 12, 2005
Jim[1] 29:21 70:11 74:9 75:15 79:4 live[14] 12:24 18:16 22:9 39:2,5,9 41:6 42:22 43:23 mom[1] 19:4
job[2] 16:17 93:6 91:5 24:5 65:1 69:16 79:24 46:18 moment[21 47:5 54:15
lands[1] 58:24 85:22 93:2 94:2 95:17 master[a] 55:20 58:8 money 3
John[15] 2:14 6:2 8:11 y( ] 42:7 94:4
23 9 59:1 60:24 69:13 86:5,12
9, ,
8:11,15,18,18,22 12:14 landscaping[z] 15:13 97: 98:15
15:21 19:3 25:12 26:2 17:11 lived[2] 21:12 24:6 87:22 Montgomery[z] 60:4
48:3 49:7 lane[9] 13:1 21:11 22:9 lives[1] 42:20 material[2] 54:7 67:15 70:5
join[1] 6:20 22:20 49:15,16,2191:1 living[1] 69:16 matter[3] 1:7 11:7 52:17 months[1] 23:22
JONES[4] 2:8 27:6 laneS[z] 49:17 87:7 LLC[1o] 4:11 27:24,24 maximum[2] 36:14,14 morning[1] 87:2
50:22 100:6 lan gu a g e[ ] 58:7 29:11,12,20,22 51:9 73:1 ma y[30] 17:23 30:17 32:4
most[s] 18:20 23:13 39:8
Joseph[2] 21:2,10 84:15 38:14 53:1,1,21 73:2,17
P large[s] 38:1 55:20 56:17 74:20 86:16
judgments[1] 99:20 57:1 61:14 Locally[1] 55:17 73:20,2177:9,12 78:1,15 mostly[1] 34:12
78:19 79:]2,17,22 80:9
Judith[z] 24:1,4 larger[7] 16:3 59:14,16 locate[1] 37:20 80:13,23 81:11,15,24 82:6 Mother[1] 98:]7
Judy[2] 89:20 94:21 64:5 69:2,9 88:4 located[1o] 4:19 33:21 82:12,23 83:11 15,24 motion(17] 3:3,18,19 4:6
Jul [z] 54:24 55:24 LASALLE[1] 101:2 58:2 62:4,10 63:7 64:15 McDermott[1] 52:16 26:2,19,21 27:3,12,13,21
July 73:9 75:24 86:7
t 32
[1
as [2] 31:9 :7 47:20,24 50:4,19 51:5
jump[1] 67:6 l locating ] 62:5 McVickers[z6] 4:11 100:4
June[3] 54:9,24 55:24 late[z] 77:3,12 8:11,13,
location[z] 38:11 70:12 15,16 9:1,21 10:1
JUSTIN[1] 2:14 Laurie[1] 74:18 10:3,8 11:14,19 12:5,15 move[6] 20:3,13 25:8
lead[1] 98:12 long-range[1] 41:8 13:4918 15:22 17:9,15 46:12,13 56:6
least[41 15:1524:17,18 long-term[3] 17:24 19:2,14,19,2122:1223:7 moved[13] 3:7,9,20,22
'K- 99:11 41:16,18 23:10 25:1127:497,14,15 50:21
keep[1o] 44:15 58:6,9,11 longer[1] 71:6 mean[6] 40:7 41:21 66:9 50:23 100:5,7
59:6,10 75:9,20 77:3 Lee[z] 73'2'22 look[12] 30:18 56:22 63:4 71:10 82:18 87:16 moving[3] 33:1 36:9
91:17 left[4] 49:17 53:5 55:317 61:4
legal 66:11,12 68:24 74:15,19 means[2] 15:14 63:3
keeping[s e 3] 59:8 67:11 g [ 1 25:22 72:17 76:22 90:14 97:12 98:5 measure[1] 64:21 Mrs[1] 31:10
82:21 87:22 88:3 88:11 looked(z] 70:10 71:6 measures[1] 66:13 MS[so] 2:4,5,10 3:7,8
Kendall[12] 4:13,21 28:2 less[z] 45:13,18 18:9,13915 19:11,15,20
45:23 48::22 22
28:499,10 73:4,12 84:17 lesser[1] 87:22 looking 31:15 35:1 meet[1] 38:10
66:16 74:22 20:15,21 24:4 26:22 27:2
84:19,24,24 letter[4] 89:17,19 94:20 76:6,11,17 78:20,24 79:2 meeting[4] 1:1,6 23:22 27:17 39:8 41:19 45:9,12
kept[2] 60:14 76:23 95:8 83:8 86:20 91:22 100:13 45:17 46:2,15,19,24 47:7
Kevin[7] 53:6 54:3,16 License[1] 101:21 Lord[1] 98:15 meetings[1] 41:1 47:14,23 50:21 73:20 77:9
Melissa[3] 73:2,17,21 77:12 78:1,15919 79:12
54:19 65:21 66:7 71:9 lieu[1] 46:5 loss[1] 98:16 79:17,22 80:9,13,23 81:11
kicking 1] 96:16 members[1] 51:20
g light[z] 86:23,24 lots(20] 10:14,19,22,23 81:15,24 82:6,12,23 83:11
kid[11 94:5 31:2 35:15 36:2,6 59:15 membership-based[11 100:5
lights(1] 24:16
kids[3] 44:14 62:15 65:18 limitations[z] 20:8,8 59:16 61:3 64:19 74:11 64:23 mud[1] 96:17
kill[3] 40:2 42:6,8 limited[z] 9:7 14:9 78:1 79:17,18 81:14 82:4 mention[2] 65:23 72:10 multi-family[2] 30:20
91:6 92:1 mentioned[2] 34:12 30:24
kind(11] 12:6 19:16
LINDBLOM[1331 2:2 lowest[1] 97:10 90:23
21:19920 34:2 43:9,9 3:299,13,16,18922 4:1,4,6 multi-zoned[1] 76:1
70:15 88:15 93:1,14 5:3,17,21 6:11,14919 7:1 LUCIETTO[s] 2:5 3:8 merely[1] 13:8 1 multiple[1] 36:21
27:2,17 100:5 met[3] 32:6 41:2,2
Knoppe[1a] 5:6,9,10,10 7:6,9 8:4,21 9:4,15,19,24 must[z] 5:12 81:22
5:20 6:2,13,16,23 7:4,8 10:2,4 11:11,15 12:3,13 Lundquist[s] 29:17 microphone[21 18:12
-N-
7:16,23 8:8 12:16 14:2 15:20 17:6,13 32:15,18,19 43:14 28:18
knowing[1] 79:8 18:1,11,14 20:16,23 21:8 middle[7] 44:1 6 1:10
knows[3] 39:24 90:24 22:2,15 23:699,19 24:21 -M- 65:15 71:3,4,7 96:15 N[21 2:1911
24:24 25:3,5,11,18,21 Midwest[21 51:9 84:14 name[2o] 5:9 18:9,15
96:14 26:1,6,9,11,18,24 27:4,7 M[3] 1:8 101:4,20
Kosinski[11] 18:6,9,10 15, 8,21 28:15 Ma'am[1] 93:18 Might[141 15:23 23:7 21:9910 24:4 28:18 32:19
27;1], 1
18:13915,16 19:11,15920 44:20 52:7,12 65:19 68:23 39:9 42:19 52:14 72:4
38:21 15,1 8 42:13 44:19
machine[1] 40:11 73:20 77:17 78:7 85:14
20:15,21 45:1,8,11,15 47:15,21,24 69:18,18,19 78:20 79:9
KRAUPNER[1] 3:20 49:7 50:3,7,10,12,18,23 main[3] 62:4 91:12,13 80:16 90:11 85:21 88:20 95:16 97:8
51:3,5,14 52:6,12 65:21 maintain[z] 75:3 93:9 Mike[6] 2:9 40:19 41:2 namely[1] 63:15
71:9,17,20924 72:3,14,19 maintained[11 15:5 48:2 92:13,15 Naperville[1] 2:13
72:2177:6,13,16 78:5,7 major[31 44:16,17 57:19 mile[3] 62:6 66:14,15 national[1] 55:14
lack[11 9:8 79:10,15,18 81:4 83:7 majority[z] 30:15,22 Mill[z] 14:16 73:10 nationally[1] 55:16
Lacom[s] 59:23 60:21 84:4,7,11 85:5,7 88:10,23 makes[1] 61:18 mind[1] 92:7 natural[2] 75:3 90:6
63:16 68:8,18 89:297,18,22 90:8 92:6,15
laid[1] 80:2 93:18 94:20,24 95:15 management[4] 56:14 mine[1] 40:3 nature[4] 56:23 59:9
lake[ [1] :2 96:23 99:3,8 100:7,11,13 62:23 63:1,22 minimize[1] 31:7 64:14 98:17
LINDBLOOM[1] manufacturing[2] minimum[3] 31:1 36:13 naughty[1] 40:12
land[49] 17:1 21:7,17 77:11 10:16 76:2 92:4 near[2] 43:7 64:16
37:18,24924 38:6 41:24 line[8] 11:17 16:7 22:19 ma p[1] 58:3 [1
4 minutes[1] 53:15 nearby ] 71:6
2:1 46:5 48:6,14,15 55:9
56:5,8,14 57:13,14,15,17 23:3 31:22 43:17 69:5 maps[1] 51:21 82:19 miss[1] 84:3 necessarily[1] 69:20
57:19,23 58:14 59:12,18 market[1] 69:15 mistaken[1] 17:18 necessary[1] 54:2
60:1,23,24 61:5,15,15 lines[3] 8:5 11:1 16:11 Marshall[s] 12:20923
62:1 63:4,13,14,21 66:10 link[1] 60:17 moderator[1] 29:10 need[s] 13:14 15:23
12:24 13:16 14:5 modify[1] 34:1 29:24 49:4 81:20
67:5,19,21 68:12,15 69:2 listening[1] 99:7 Mary[11] 18:6,9,11,15
Depo Court Reporting Service Index Page 5
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page M negative-preceding
January 12, 2005
negative[il 76:10 Oakland[1 60:24 ordinances[1] 21:24 past[21 22:1 94:9 59:10 68:10 75:2198:3
neighbor[21 19:23 96:12 Oaks[4] 51:8 73:1,21 original[s] 14:13 17:15 path[1] 69:14 100:17
neighborhood[32] 91:16 26:23 70:24 74:24 patience[11 99:10 plan[1231 1:1 5:8,15 6:13
34:14,23 56:13 57:4,21 oath[41 51:12 52:19 54:4 Originally[4] 21:16,21 Patricia[31 16:1122:9 8:1,12 10:13 12:22 14:24
57:22 58:16 59:17 60:8 101:5 37:20 76:18 22:20 16:23 17:15 18:8 21:4
61:18,24 62:3,7,12,13 object[11 18:18 Orton[61 22:5,8,8,14,17 22:1 ,24 1:6 3 8 ,11,1
� paved[1] 98:11 30:19,24 31:6 32:4,11,17
64:1,16,23 65:2,8,9,14,16 23:20
objection[31 24:13,15 pay[11 38:9 33:6,9,14,19 34:1,4,7,9
66:24 67:2 68:6 69:1,5,11
69:14 88:1,4 41:21 otherwise[11 23:14 34:12 35:1 36:17 37:16
PC2004-06 121 51:7
neighborhoods 141 objections[11 7:10 ourself[11 97:2 72:23 39:7 41:8,17,18 42:18
62:14 63:8 67:16,19 obviously[51 43:23 74:5 outfit[1] 93:11 PC2004-31 [21 4:9 44:23 21,22,11 48:5,8,11
85:10 86:21 87:21 overall[il 58:19 26:13 48:1 54:9, 0,1 49:1,3
neighbors[61 19:11,15 occurred[11 68:20 52:5 54:9,10,12,13,14,22
21:18,20 93:13,22 owe[11 9:7 PC2004-32[31 51:8 54:23 55:1,2,3,5,7,8,8,20
neither[21 12:1,10 off[91 16:9 18:21 33:17 own[21 56:13 81:21 73:1 84:12 55:22 56:1,5 57:5,14,16
Nelson's[21 97:16 98:14 39:16 40:7 44:9 74:2 owned[11 10:15 PC2004-33[21 51:9 57:17,19 58:8,15,20,21
net[1] 86:11
90:14 91:16 owner[41 31:8,17 78:14 84:14 59:1 60:6,7,24 62:19 63:4
Offer[21 53:1 54:4 PC2004-35[z1 27:23 66:12,16,20,21,24 67:5,9
never[41 19:4,4 45:13 82:2 67:12 68:12,15 69:1 70:22
94:13
offering[41 52:20 53:9 47:20
owner/developer[1] 70:24 71:2 72:8 73:19
53:20 69:10 1x:21 peacracker[11 42:21
new[1o] 52:9 53:24 55:8 office[9] 6:1 75:1,1 pedestrian[11 40:2 74:15,24 77:21 78:12,16
57:5,16 58:21 67:9 68:18 owners[6] 30:16923 31:4 Pe 79:21 82:21 85:20 86:5
71:12 87:24 76:18 80:5,6,7,11,19 81:21 89:3,6 pending[1] 36:22 86:10,12 87:16,16,22 88:8
offset[11 17:11 91:3,4 92:12 95:6 97:7
news[11 40:1 ownership[11 16:16 Penman[s1 33:10 41:5,7
next[1] 94:13
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60:13 69:1 '71:1 83:17,21 82:13
nice[2] 91:11,17 87.28 people[261 4:7 16:20
20:7 25:16 28:17 38:20 planning[61 17:22 29:17
nicely[11 77:1 older[1] 69:18 _P_ 39:22,23 40:3,9 62:6 30:7 32:20 81:16 83:9
night[2] 14:8 71:18 Olguin[11 29:21 P[3] 2:1,11911 69:15 74:13,18 75:12 plans[7] 13:16 19:6
nobody[11 85:8 once[3] 24:24 38:23 98:2 p.m[i] 1:9 76:20 82:14 85:23 87:12 74:16,17 82:24 87:6 93:4
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nor[21 12:1,11 33:15 36:23 38:1 40:12 23:15 42:5 98:3 99:18 play[1] 93:5
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north/south[sl 62:4 , 19 Paragraph(11 14:20 plenty[1] 16:15
81:14 82:1320 86:7
65:7,16 66:15 70:13 percent[21 15:15 71:11 ty
87:24,24 89:21,23 90:21 paragraphs[11 14:13 Permaster[171 78:6,10 point[331 6:23 7:2 10:9
northeast[1] 60:20 91:12 93:6 95:21 96:14 parcel[41 14:24 53:11 13:4,15 16:4 27:12 31:11
northeastern[31 30:21 96:24 97:10 98:9,9 99:12 P 78:13,13,16 79:7,14 81:7
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Northgate[41 59:22 One-Family[3] 28:5 78:17 79:1,13 permit[2] 14:23 49:11 56:7,20 57:10 59:13 60:2
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47:4 61:6 99:16 57:5 58:19,19,21,22 60:10 parking[31 8:3 11:16 Pertain[11 28:16 pool[21 64:18 65:3
60:11 61:9,14 62:19,19 64:19 Pete[1] 29:22 Po en[141 29:6,9,11
notice[11 53:15 PP
notices[z1 88:11 89:14 63:24 64:494,10 65:24 parks[21 62:4,7 petitioner[131 4:11 5:4 38:16 40:24 43:18,21 44:3
67:6,22 68:14 85:11 part[1o1 6:14 16:3,6 35:8 8:7 25:16 51:9,15,19 44:7,24 45:19 46:4,17,22
notified[41 89:10,11,16 73:14 79:10 84:15 85:3,8
opens[11 63:13 48:3,16 58:12,13 66:3 population[11 64:5
99:18 99:20
now[az1 9:23 16:2,6 opinion[31 67:10914 68:6 portion[6] 34:13 53:11
87:21 partially[11 77:23 petitioners[21 27:24 63:4 67:3 72:22 84:12
17:19 18:21 22:18923 73:2
23:15 25:19 26:12 31:15 opportunities[11 65:18 participate[1l 66:1 petitions[11 19:12 portions[2] 61:10 68:1
33:7,22 39:19 40:13 42:23 Opportunity[31 14:12 particular[81 39:13 position[11 20:6
43:8 46:8 48:10 57:19 55:19 95:9 52:17 53:11,15 57:4 58:15 petroleum[21 5:23 8:24
58:15,24 59:12 60:20 74:23 96:5 Phase[11 79:6 positive[21 74:7 5:9
opposed[�1 3:16 4:4 possible[s1 74:7 75:9
70:23 71:3,14 72:24 78:24 26:9 50:10 51:3 81:2 particularly[21 40:3 Phil[21 12:20,24 75:21 77:4 80:11
79:3,8 82:10,10 83:6 100:11 81:8 photographs[11 87:13
84:14 85:11 86:7 87:1 possibly[s1 10:5 37:17
91:2 96:14 97:20 98:18 opposition[11 19:24 partner[31 8:18 19:2 pick[1l 14:12 38:6 47:11 81:2
options[11 13:19 7322 pictures[4] 90:13 91:7 post[1] 94:8
number[1o] 3:4,6 4:9 oral[11 54:21 pay[1l 92:23
13:19,20 47:15 55:15,18 91:14 97:15 potential[61 13:20 33:20
62:15 64:5 Order[3] 26:23 37:7 72:16 Pass[31 51:22 74:18 piece[sl 12:1 21:6 37:18 36:20 46:9 56:24 57:1
numbers[11 57:1 Ordinance[81 11:21 12:8 90:10 43:10 81:19 potentially[41 13:10
16:23,24 17:4918 42:4 passed[1] 78:17 piecemeal pi 52:8 17:21 63:19 71:5
89:10 passes[4] 3:18 4:6 27:21 place[9] 43:3 58:6,10,12 preceding[11 72:18
51:5
Depo Court Reporting Service Index Page 6
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page preliminary- scares
January 12, 2005
preliminary[31 8:1 37:24 46:6 61:13 62:24 ratify[11 25:23 relief t11 32:23 reviewed[21 45:3 87:16
44:22 74:16 64:6,11 69:4 reached[11 30:15 remain[1] 70:9 reviewing[1] 48:11
prepared[11 53:18 provided t21 17:18 37:11 read[51 3:4 4:10 14:18 remainder[i] 38:9 rezone[31 30:13 78:20
present[21 9:16 53:14 provides[31 11:21 17:4 94:22 95:7 remaining[1] 60:9 79:8
presentation[21 9:14 67:6 reading[11 11:20 remember tit 94:4 rezoning[71 28:4 29:14
38:17 providing[61 36:18 real[91 4:18 28:7 30:2,5 reminded[1] 14:19 51:16 73:5 74:9 83:9
resented[21 29:1 30:24 56:17 61:8 62:22 65:7,8 35:22 67:7 73:8 84:22 84:18
P Remline[z1 21:16 24:9
reserve[61 35:5,6,15 provisions[11 43:9 87:10 rich tit 37:2
P removed[11 9:2
35:2191:20,21 public[aol 3:4,5,19 6:4 realize[3] 41:22 74:12 Riggs[41 97:5,8,8 99:4
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7:6 9:5 12:18 25:6,9,12 90:14 removing[21 58:4,4 r t
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1 8:21 12:5 16:2
71:12 92:22 26:3,11,20 27:12,16 38:23 realized[1] 54:7 renotified[z] 89:3,4 16:6 17:19 19:14 22:14
previous[11 70:24 45:6 47:8,20 48:3,12 50:5 really[161 10:12,20 11:2 repeat[31 5:120:17 28:13 22:17,23 25:19 28:12,24
P 50:12,19,24 53:22,23 y 31:15,20 33:6,22 40:24
201 1 4 23:5
previously[11 21:14 71:14,22 72:23 77:14 11: 12:1,10 16:7 34:8 38::16 16 repeating(11 9 REPORT[11 1:6 6 42:20,2143:11,16 44:1
primary[1] 35:2 84:12 85:9 88:12 89:4 41:5 46:22 97:13 99:16 47:14 49:16 53:6 55:8
private[3l 16:10 22:19 94:11 100:4,8 101:9,13 reported(31 26:17 50:17 71:14 78:24 79:3 83:6
64:14 PUD psi 6:5,13,14 7:15 rearranging[1] 56:8 101:8 94:13 95:23 96:14
reason[sl 11:9,19 17:3 reporter[41 28:22 95:2 right-of-way
problem[I 11 16:5 22:24 7:16 9:17,22 10:2 11:6 17:20 20:17 57:11 74:23 [s
1 17.22
41:14 86:22 87:7 88:7,8,9 55:5 56:1 59:3,3,4,4 101:6,7 35:12,14,2198:8
97:14 98:1,13 pull(11 92:21 80:14 reported[21 88:22,24 risk(11 82:13
problems pi 86:18 pulling[21 31:24 39:18 reasons[11 14:7 represent(1] 39:9 River[3] 51:8 73:1,21
Rivers[11 91:8
procedure[1] 25:15 purchase t11 10:17 received[21 20:9 71:1 represented[2] 86:7
proceedings[61 1:6 purpose[1] 80:12 recent[1] 31:9 92:24 road psi 1:10 23:1128:9
26:15 50:15 100:16 101:9 Recently[11 31:9 representing
purposes[21 17:24 56:23 [3 1 29:19 33:10,11 35:5,18,22 36:20
101:13 pursue[1] 13:24 recognized[1] 85:14 29:21 52:21 41:5,6,7 42:5,23 43:5,7
process[91 20:19 30:13 put[151 10:5 13:17 14:8 recommendation[3] republished[21 88:13 49:20,22 60:17 73:10
30:14,17 31:6,18 53:19 46:11,18 48:18 99:17 76:16 84:23,24 86:18 88:7
60:4 70:5 21:19,21 24:9 26:21,22 recommending 1 request[91 9:2 11:3,9 90:18,24,24 91:11,13,17
26:24 51:20 74:1 88:6 g[ 1 93:10 94:1,2 96:9
product[s] 68:20,22 69:5 91:22 93:14 98:18 45:24 13:2 17:3 20:1 33:11
69:15,24 putting[51 37:17 41:12 reconfigured t11 23:12 41:15 48:24 rode[1l 94:9
products[21 14:16 70:1 78:21 80:17 97:23 record[111 4:11 48:1 requested[11 53:17 room(1] 25:16
professional[91 52:24 52:18 53:10,17 54:7 72:17 requesting(s] 4:13 28:2 roughly(11 67:1
53:3 75:2,11,12 76:7,8,13 77:17 94:16 95:2,12 32:173:4 84:17 route[191 4:20 24:5 28:9
101:6 -Q_ recorded[ll 28:21 requests[21 10:20 37:15 35:2,10,16,24 36:6,8,19
professionals(11 53:1 qualify[11 53:4 39:17 42:22,22 49:11
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project[91 20:3,13 30:8 quarter[21 62:6 99:15 recreational[21 56:23 required t31 7:18 15:5
30:10 44:2,17 53:3,8 54:5 questions[161 5:15 8:9 64:13 83:14 rule[11 89:8
properties[31 63:9,15 28:19 29:24 38:14,19,20 reduce[a1 36:5 38:8 requirement(21 38:7 rules[31 28:16 85:13
67:23 38:24 43:8 66:8 72:15 45:24 46:12 88:4 89:13
property[ 73:24 74:3 77:5 78:5 81:8 run[1] 42:2
s6l 4:18 10:15 quick[21 30:5 67:7 reduction(11 10:23 rerouted(ll 16:11
10:18,24 13:17 14:3,14 q redundant[11 14:18 reside[1] 21:11 run-off[3] 90:6 96:11
16:3,6,7,9 18:17 21:14 quickly[21 20:1 30:2 96:21
23:12 24:11,12 28:7 30:14 reference t11 54:1 residence tal 16:14 28:5
quite[zl 58:5 74:13 73:6 84:20 running[al 66:15 90:17
30:16,23 31:4,8,12,16,20 referencedtll 55:22 94-596-13
31:22 32:2 33:21 37:22 referendums[11 96:3 residential[13] 15:8
40:7 43:10 44:9,14 45:23 -R- 34:13,16,20,22 61:21,22 runs[11 31:21
46:10,14 48:24 51:8 56:15 referring t11 40:21 62:1 65:10 68:7,15 76:2 rural[2] 58:10,10
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74:22 75:2,5,6,17,23,24 49:3,5 59:2,3 84:20 regarding[71 4:10 5:15 -S
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13:12 27:23 32:22 49:10 respect[21 34:8 53:20 S[21 2:1,11
82:2,10 83:6,18 84:22 R-4[21 51:16 59:4 74:1 safety[1] 44:13
88:22 89:1,3,6 91:8,21 R.P.R t11 1:8 re ardless[11 7:24 response t2ol 3:12,17,24 Sand t11 64:19
94:9 96:5,15 98:19,23 g 4:5 20:10 24:23 25:2,4
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railroad t11 98:7 62:21 63:10,20,23 65:23 71:23 84:6,10 85:4,6 l 66:1,3
proposed t161 36:24 37:7 66:4 100:12 �[
48:10,21,23 49:13 58:8 rain[21 90:7 98:9 Saratoga[21 60:3 70:3
59:19 60:1,23 62:3 67:8 Registered[11 101:6 restrict[11 49:4
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67:11 86:2 91:8 95:18 33:22 36:23 41:9,9 46:20 regulations[11 36:12 restriction[1] 97:21
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proposing raise[21 5:1 28:12 resumes[11 52:24 saw tz1 54:14 97:15
49:19 58:16 60:8 64:13 83:8
raised(11 47:16 retain(11 16:16 says ts1 15:13 39:20
67:20 69:2 71:2 reiterating[1] 39:19
ran[21 19:23,24 retention[3l 37:4 87:18 79;14 94:11 101:5
proud[11 79:23 relate[3] 10:12 66:21 96:21
ranked[11 55:15 scalloped[21 11:17 12:1
prove tll 49:12 69:24 review[al 33:6 41:4
provide[91 4:14 35:19 rather tzl 36:1 52:8 relatively 11 32:11 scares[11 80:4
y 53:19 61:7
Depo Court Reporting Service Index Page 7
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page scenic -thousand
January 12, 2005
scenic[3] 35:5,6,16 68:4 solving[1] 90:20 station[2o] 4:17 6:21 suppose[1] 95:22
SCHILLINGER[1z] short[2] 71:10 88:5 sorry[15] 8:13 21:8 22:3 7:11 8:24,24 13:2,3,6,13 supposed[a] 5:12 24:10
2:7 7:13,19 47:2,9,19 shorter[1] 17:14 25:13 26:20 45:15 65:22 13:14 14:1,7,9 18:23 19:1 41:10 46:15
79:20,24 80:10,20 81:1 Shortest[1] 74:5 19:6,13,17,18 57:24 70:8 71:22 77:9,12,22 surprise[1] 94:15
83:22 85:7 88:23 90:1 station/day[1] 20:19 surround[1] 62:14
schmooz[1] 41:22 shorthand[3] 101:6,8 sound[1] 96:18 stations[1] 18:21
101:11 surrounded[z] 59:13
Schneller[3] 85:18,21 Shot[z] 86:2190:15 sounding[1] 82:13 stay[I] 99:15 59:17
85:22 show[6] 48:14 92:21 south[17] 15:6 16:12,18 Stenger[a] 21:2,5,10,11 surrounding[s] 59:12
school[24] 33:21 37:17 16:20 17:8 33:22 36:20 step[1] 28:17 67:16,18 69:14 77:1
37:21,22 38:2,3,10 46:10 93:12,14,17 95:10 36:23,24 43:12 46:13 58:8
46:11,20 56:14 62:8,9,16 showed[1] 68:15 59:14 63:9 65:14 73:11 Stewart[a] 27:24 29:11 swear[3] 25:20,22 94:10
65:17,18,20 70:21 71:394 showing[s] 5:24 20:4 96:16 29:19 30:10 swearing[1] 27:22
Stewarts[1] 42:11 sworn[zs] 5:2,7 12:21
71:5,7,8 95:21 33:9 80:7 91:9 southeast[a] 11:18
schools[z] 46:20 96:1 shown[1] 8:1 60:22 63:17 70:17 still[3] 19:171 87:8 18:7 21:3 22:6 24:2:16
Scho a[a] 2:9 40:20 shows[1] 41:7 southern[3] 32:2 61:10 stone[1] 23:21 25:24 28:14 1:13 32:16
pp 39:6 42:17 51:13 54:20
41:2 48:4 side[16] 10:22 11:13,22 63:7 stop[11 23:2 72:7 73:18 77:20 78:11
scope[1] 82:14 12:1,8 16:1 22:16 33:1 southwest[3] 28:8 58:16 store[1] 80:22 85:19 92:1195:5 97:6
Scout[1] 93:6 60:5,5,10 62:9 65:15 61:1 storm[1] 63:10 101:5
83:22,24 84:2 s ace[zs] 11:2 16:9,15
SEC[z] 29:17 32:19 P stormwater[1z] 33:3 sync[1] 32:12
sidewalks[3] 82:22 83:1 37:5,10 45:13,18,22 56:17 56:14,18 62:20,21,23,24 s stem[a] 65:14 66:2
second[1s] 3:8,21 17 83:3 56:22 57:5 58:19,19,21 y
25:10 26:3 27:5,6,16,17 63:5,11,20,22 87:20 67:11 69:14
58:22 60:10,11 61:9,14
47:22,23 69:21,22 78:21 Sight[1] 49:13 62:19 19 63:24 64:7,10 Stough[14] 53:6 54:3,19
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79:9 83:17,21 100:6 sign[4] 20:4 89:15 94:8 65:24 67:6,22 68:14 54:22 65:22 66:11,23 _T_
seconded[9] 3:10,23 94:11 67:17 68:3921,24 70:3,23
25:12 27:8 48:1 50:4,22 signed[1] 19:12 speak[6] 4:8,9 24:22 72:13 T[1] 2:1
50:24 100:8 85:23 87:24 95:1 straight 3
significant[s] 13:12 gh [ ] 7:14 29:14 table[1] 18:22
Section[1] 14:20 37:5 49:24 75:19 76:14 SPEAKER[1] 93:16 81:3 takes[2] 40:12 93:10
see[12] 32:4 43:1174:14 signify[s] 3:14 42 26: 51:18 73:14 82:8 7 speaking[s] 5:4 33:23 strategically[1] 62:10 taking[1] 17:1
76:14 84:7 88:5 89:24 27:9,19 50:$51:1 100:9 Street[12] 22:10 23:21 taught[1] 19:4
90:4,11,15 92:4 94:10 Silver[1] 91:15 special[1 1] 4:16 5:22 6:5 70:2,6,7 73:10 83:23 84:1 teacher[1] 95:22
seeing[1] 95:9 6:7 7:5 10:1 11:4 13:6,24 84:2 91:20 95:18 97:13
g similar[1] 79:6 80:11 81:2 teams[1] 64:7
self-inflict[2] 98:22 Simple[z] 11:3 59:13 streets[a] 65:11 67:19
99:4 p specific[3] 7:15,20 97:23 98:11 Ted[�] 29:16 30:6 32:13
simplify[1] 52:13 73:24 strictly[z] 47:3,13 32:15,19 85:18,21
77:23 78:4[s] 77:15,19,22 simply[a] 34:15 38:9 specifications[1] 34:10 stub[z] 41:12,22 ten[1] 11:17
77:23
send[3] 63:10,19 89:14 58:3 80:22 spent[1] 18:20 stuff[1] 72:10 ten-foot[z] 17:16,16
single[6] 29:15 31:1 s oke[z] 37:19 52:5 tenants[1] 76:11
34:16 59:3 69:1,9
sense[z] 70:18 79:7 p style[1] 20:9
sensitive[1] 16:19 spokesperson[z] 29:4 tennis[1] 64:18
single-family[z] 60:10 29:10 subdivide[1] 10:18 terminates[1] 37:10
sent[1] 88:12 62:1 subdividing[1] 16:8
spot[1] 8:14 testified[2o] 5:7 8:12
separately[1] 10:18 sit[1] 88:16 subdivision[a] 36:12
spring[z] 96:3,14 12:21 18:7 21:3 22:6 24:2
September[1z] 52:17 site[a6] 10:9,14 11:8 springs[z] 91:15 96:7 43:4 96:9 98:18 29:7 32:16 39:6 42:17
53:7,12 54:10,14,14 55:3 13:10,21,22 14:24 15:7 subject[5] 14:23 15:7 54:2172:7 73:18 77:20
56:2,3,11 67:9 70:22 18:18 23:17 30:295 32:22 springtime[1] 56:12 30:2,22 81:22 78:11 85:19 92:1195:5
service[3] 4:15,16,17 32:23 33:2,14,21,23 36:24 square[a] 31:2 36:14,15 submitted[a] 5:16 15:1 97:6
37:17,21,21,22 38:2,3,8 64:21 69:7,8 8,12 52:23 70:22 testify z
set[s] 21:17 23:20 34:22 y[ ] 53:4,21
38:10,12 46:10,11 55:5 SS[1] 101:1 subnei� s[1] testimony[10] 9:8 25:17
87:1 101:14 y
56:1,14 57:24 62:9 64:14 staff[4] 38:11 41:3 45:3 65:12 38:22 48:16 52:20 53:2,9
setback[11] 6:16 7:17 65:3917 70:21,23 71:3,3,4
7:19 8:2 15:5 16:1 17:17 71:6,6 86:9 49:23 substantial[9] 35:9,11 53:20 54:4 56:10
24:15 35:11,13,20 stand[4] 5:1 51:11 85:14 35:19 61:9 62:15 63:24 thank[23] 18:14 20:15
setbacks[s] 10:22,24 sites[1]
sited[11 37:6,14 93:16 66:19 67:5,20 20:23 22:2 23:596,23
88:4
11:13,21,22 21:19 35:23 standard[3] 21:24 34:22 suburban[a] 34:13,16 24:20,21 26:1 28:15 38:15
91:16 sitting[1] 43:20 48:23 34:19,20,22 48:15,17 67:2 40:4 71:16 72:20 78:4
sets[z] 34:2,17 six[3] 38:9 46:1 87:7 standards[a] 15:2 36:10 successors[1] 14:21 79:22 84:13 92:5,6 94:19
setting[1] 91:13 size[7] 36:13,15,16 46:12 36:12 49:5 such[3] 17:2 46:7 62:5 96:21 99:23
75:19 86:8 96:21 Standing 1 sufficient[1] 36:18 theirs[t] 68:13
several[z] 32:7 75:18 g[ ] 53:5 therefore[1] 30:24
sized[1] 92:1 standpoint[1] 65:5
sewer[7] 66:1,3 81:10,13 slap 1 p suggest[1] 81:2 they've[1] 40:16
81:22 82:9,18 p[ 1 93:1 start[z] 51:19 97:1 suggested[1] 40:6 y
shades[1] 92:8 slightly[1] 79:1 started[1] 57:8 suggestion[1] 16:12 thinks om s [
shall[a] 14:24 15:3,5,12 small[3] 34:13 66:12 starts[1] 20:20 Thompson[3] 8:11,19
84:1 Suite[1] 2:12 19:3
sharing[1] 37:22 state[10] 28:18 49:11,12 Sunday[1] 90:19
Shaw[1] 29:19 smaller[1] 65:11 49:14,23 72:4 85:14 88:20 thought[6] 8:17 43:2,20
SuIIn [1] 39:9
Smith[1] 29:23 101:1,7 y 70:11,16 80:18
shepherd[1] 44:12 solve[z] 87:6 90:21 statements[1] 28:19 superimposed[1] 60:7 thousand[1] 66:17
Shopping[3] 63:15,16
Depo Court Reporting Service Index Page 8
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page`m three - zoning
January 12, 2005
three[s] 10:8,14,19 15:21 trees[71 75:8,9,16,18,21 uses[21] 6:5,6 7:24,24 8:5 widen[1] 87:6
24:18 51:11 83:19 86:11 78:2 98:16 10:1 15:8 19:8 56:8,15 widened[11 87:7
three-acre[i] 10:14 true[z] 62:12 10 1:10 57:16 59:12 60:1,24 61:5 wife[11 95:21
through 241 7:7 14:6 truth[11 40:14 61:15,16 62:165:3 67:20
30:8 32..10 35:6 37:12 69:21 willing(11 42:10
try[lo] 16:4 30:16 31:7 69:211 wisdom(1] 64:10
41:10 42:2 49:23 54:5,16 33:5 34:1,5 35:4 39:13 y[2] 55:14 94:16
55:15 60:4 65:8,9,15 87:2 56:6 74:6 utilities[1] 17:1 wish[41 7:2 39:2,14 85:12
87:9 88:16 93:2,20 94:18 trying(12] 13:8 30:13 utility[11 17:22 wishes[61 4:8 12:18 18:3
96:17 98:15 24:22 28:12 51:6
31:5,15 35:8,15,18,21 utilized[1] 36:1
throughout[s] 31:17 37:1 39:20,22 41:22 wishing[21 4:23 5 1:10
62:2 63:6 64:7 65:14 tuning[1] 56:8 _V_ within[4] 13:21 65:11
throw[11 93:12 turn[8] 30:6 32:13 38:13 89:9 97:17
tier(1] 55:18 49:15,16,17,2195:1 vacant[1] 79:5 without[21 20:13 97:20
Tim[21 97:5,8 turning[1] 91:1 Valley[1] 39:10 WITNESS[1] 101:14
timed[1] 86:23 twenty[z] 42:7 75:19 valuable[1] 63:21 witnesses[s] 5:2 25:24
times[21 32:7 94:9 twice(11 25:1 value[1] 35:5 28:14 51:13 52:22
tired[1] 77:3 two[201 10:20 42:4 52:24 Van po] 33:11 73:10,11 wooded[21 74:1175:4
tires[11 96:17 54:15 55:15 57:13 74:9 74:10 76:2,3,3,5,16 83:3 Woodland[1] 73:11
today[1] 29:2 74:11 78:17,24 79:14,17 variance[21 10:20 17:3 word[1] 9:8
together[1] 10:14 79:18 82:4 83:18 86:9 variances[41 9:10 10:11 words[3] 56:24 61:13
87:196:2,24 99:15 11:10 36:11 6222
92:13 94:2,4,21 95:44,16
Tom[91 2:2 89:19. 5 6 type[s1 61:12 68:20,22 variations[41 6:17 7:17
work-Out[1] 64:20
76:13,21 720 82 worse[3] 42:24,24,24
tonight(191 5-12: 0,16 [1] 57:3 vehicles[11 24:19
7:14 8:23 9:6 29:10,16 typical wrap[z] 97:3 99:9
31:1 47:12 74:4,5,8,13 versus[11 48:21 Written[2] 95:10,11
82:15 85:9 88:15 96:24 -U- view[11 20:4 WYETH[41 2:12,14
100:1 ultimately[1] 62:17 views[1] 35:22 25:14,20
Tony[z] 6:9 41:1 unaware[11 46:8 village[91 12:11 16:24
too[z] 23:5 56:20 unbelievable[11 90:19 17:2,22,23 30:4 33:17 -Y-
took(1] 69:1 36:23 64:9
unclear[l1 12:7 NOSH[3] 1:8 101:4 Yazd[11] 10:22 11:13,21
top(21 55:17 87:3 under[s1 10:16 12:7 32:3 101:20 11:22 12:1,2,8,9 23:3
topographical[1] 32:24 33:6 40:10 54:4 98:6,7 24:19 97:16
topography[1] 75:4 understand ul 11:12 volleyball(11 64:19 year(3] 32:7,7 90:1
total(3] 57:6 58:22,24 20:6 52:7 61:6 82:2 87:23 _ years[3] 15:10 24:18
touched[l1 33:4 93:23 -w 55:13
town[21 58:9 86:5 understood[1] 32:9 waited(1] 88:15 yet[41 23:21 54:12 78:23
townhome[11 68:5 unfortunately[21 5:11 walk[s1 54:5,16 61:23 79:5
townhomes[s] 59:4 73:23 62:6,16 Yorkville[31] 1:2,10
60:9 70:6,17,17 UNIDENTIFIED[1] walk-out[1] 98:21 2:15 4:11,13,21 14:15
Township[21 28:9 84:24 93:16 walkable[1] 61:19 15:1 27:23 28:2,3,5 29:12
traditional(21 36:2 unimaginable[1] 87:4 walking[11 65:20 29:21 33:9 34:7 35:3
56:13 unit[51 4:14 69:6,7,13 wants[41 14:6 34:8 58:9 36:11 3:4,5 64:2 4:16,
82:14 68:2 73:4,5,7,12 84:16,18
traffic[161 5:13 23:1,14 74:14 84:20 85:22 86:5
23:16 24:16,19 31:23 United[141 1:2 2:14 4:12 waste[z] 92:22 93:21 Yorkville's[11 34:10
42:23 44:16 50:1 76:10 4:21 28:1,3,5 73:3,5,6,12 Water[17] 37:4 63:10
76:15 86:16 87:10 88:6 84:16,18,19 81:9,13 82:10,18 89:24 _
90:23 units[6] 34:17,18,21 90:5,16,17,20 96:10,11 -Z
trail[91 4:20 15:3 18:16 48:19 69:11 86:11 96:21 98:2,10 99:1 zero[1] 48:9
24:6 37:11 58:17 59:24 up[sot 5:13 10:5 11:1,5 week[1] 31:10 zone[2] 21:23 74:22
60:16 65:13 15:24 16:11 18:12 19:23 west[171 10:24 15:6 16:1 zoned[41 14:3 68:7,9
transcript[3] 54:1 72:18 19:24 22:19 23:3,3,12 16:14 18:17 22:15 33:1 76:17
101:11 28:17 31:11 33:10 36:5 33:23 36:21 43:13 60:5
41:7 43:5,11,16 48:17,18 zoning[331 7:14 11:20
transition[31 15:7 66:24 49:10 3:5,1 ,16 48:17, 6010 63:9 73:10 86:6 12:7 13:22 14:4 16:23
88:1 9112 97:9
66:3 69:2,20,2176:15 17:4 19:9 29:15 34:10
transitional[3] 15:11 83:12 85:11 87:1 88:18 western 111 67:1 36:9,1144:22 47:3,13
30:20 34:14 89:15 92:21 93:12,14,14 whereas[11 68:14 48:24 49:3 51:16 55:4
transportation[61 33:9 93:16 95:10,23 96:3,17 WHEREOF[1] 101:14 59:1,7,10 76:18 80:5,6,8
41:8,17,18 65:4 67:11 97:3 98:20 99:9 80:11,15 82:17,21 83:16
White[l1 91:15
trap[1] 39:21 update[z] 32:10 59:11 83:16,20
Whitehouse[z] 48:3
treating[11 53:18 usable[1] 63:14 49:9
tree[11 75:16 used[l1 94:5 whole U] 20:19 56:3 62:2
tree-lined[l1 91:11 users[l1 13:20 62:2 69:14 93:2 94:22
Depo Court Reporting Service Index Page 9
Naperville, Illinois (630) 983-0030
City of Yorkville
The first of my concerns, is the distance between the houses and the road. It appears in
the proposal, the houses are going to be placed with back yards facing toward Fox Road,
adjacent to the exit of the forest preserve. My personal opinion is this is a huge mistake.
A nice green area in the front with distance from Fox Road would make a better
presentation to the community.
The second issue is drainage from the property. I understand the city is proposing to
develop this land and adjacent property between Fox Road and RTE 71. There are natural
springs on this property and wetlands to the west. I have personally witness flooding
over Fox Road and Fox Glen, which ultimately drains into the Forest Preserve. Last
spring, on May 13, 2004 was a prime example when we received heavy rainfall. I have
pictures of this incident if you are interested.
The third issue is the lot sizes are very small.This issue is concerning to the preservation
of the community. We already have enough subdivisions that house piled on top of each
other. I personally would like to see the lot sizes be a least a 1 acre or above.
The final issue, deals with the Yorkville infrastructure. I don't believe that Yorkville is
prepared to develop roads, schools and the basic infrastructure to deal with the growth we
are encountering. Fox Road itself is in terrible condition and from the information I have_
seen thus far, it is not on the five year plan to be improved. We need to have a plan
developed that increases the capacity of the roads before Yorkville turns into another grid
locked community, especially when traffic is heading north on 47. Today's traffic is bad
enough. If we keep adding subdivisions without making infrastructure improvements,
grid lock will continue to get worse and Yorkville will not be a desirable place to live.
This city has great potential, but from how I see it we have to be careful about the
development to ensure that Yorkville expands and grows in a manner that is pleasing to
the community and a place that we can all be proud to live.
1 would be happy to discuss these issues with you further at any time.
Sincerely,
Dervin Allen
home: 630-553-3267
cell: 630-399-2088
OF YORl��,�
JAN 11
To the City of Yorkville Plan Commission:
gECEN��
We urge you to carefully consider-the development proposal requested by Midwest
Development for the property on Fox Road,east of Highpoint Rd., and to stay with the
comprehensive plan developed for our area of Kendall County of 1 acre residential lots.
The 1 acre residential lots are compatible with the existing subdivisions along Fox Road,as one
approaches Yorkville from the west,namely Fox Glen and Silver Springs. The original master
plan of 1 acre lots was a good plan and contributes to a tasteful and appealing look for the
entrance into Yorkville.
We feel there are many good reasons to control the density of the proposed development along
Fox Road:
• Keeping the lots at the 1 acre size for the proposed development would put less of a
strain on the traffic along Fox Road. The amount of homes being requested by the
developer could add at least an additional 200 cars a day on Fox Road,which would
create a dangerous and snarled traffic situation.
• A high-density development in this subdivision could add a possible 300-400 additional
children to the Yorkville School system,which is already struggling with overcrowding
due to the tremendous growth in Yorkville. Fewer homes in this proposed development
would put this number lower.
• High density in this area will disturb the drainage of the existing wetland along the
western edge of the proposed development. The springs and creek in this field now flow
into the Fox Glen subdivision, and the fear of flooding from this water system is very
real to the residents of Fox Glen. This wetland area in the proposed development needs a
greater measure of protection around it than what is suggested by the developer.
• If the Board allows a high density development in this area at this time,we feel it would
set an undesirable precedent for future developments along Fox Road and other nearby
areas. We would like to see the Board take a strong position that the density of this and
future developments will be controlled.
om and Judy Gilmour
23 Fox Glen Dr.
Yorkville, IL
Jan. 12, 2005
STATE OF ILLINOIS ) February 18, 1999
Revised February 19, 1999
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
T & D METAL PRODUCTS (RT.47)
THIS AGREEMENT is made and entered into this , �ay of , 1999 by
and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "City"), and T&D
METAL PRODUCTS, of Bristol Township,Kendall County, Illinois (hereinafter referred to as
"Owner").
WITNESSETH
WHEREAS, Owner is the owner of land which lies both north and south of and
contiguous to the existing corporate limits of the City,which said land is more particularly
described in the attached Exhibit"A", which is incorporated herein by reference and;
WHEREAS, Owner desires to annex the said real property described into the City, its
Plan commission has considered the Petition, and the City Council has heretofore both requested
and approved the proposed land use and the zoning of the same at the request of Owner and the
City; and
WHEREAS, Owner has presented, and the City has considered, the tract, of real property
herein described in the attached Exhibit"A" for B-3 Service Business District in order to make
1
said real estate a desirable addition to the City; and
WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the land heretofore described will be annexed to the City in an orderly manner, and
WHEREAS, Owner and its representatives have discussed the proposed annexation and
have had public meetings with the Plan Commission and the City Council, and prior to the
execution hereof, notice was duly published and a public hearing was held to consider this
Agreement, as required by the statutes of the State of Illinois in such case made and provided.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5111-15
through 65 ILCS 5/11-15.1-5, as amended, as follows:
1. A. A.NNEx&TION AND ZONING. The City shall adopt an ordinance
annexing to the City all of the real property described herein in the attached Exhibit"A"; and the
City in said ordinance shall zone the real property designated in the attached Exhibit"A" subject
to the further terms of this Agreement as B-3 Service Business District.
Said zoning shall allow the uses, size, density, area, coverage, and maximum
building heights as set forth on Exhibit"B" for B-3 Service Business District. Said real property
shall be used and developed in accordance with 65 ILCS 5/11-15.1 through 65/ILCS 5/11-15.1-
5, and in accordance with the City Subdivision Control and Zoning Ordinances.
B. The Owner/Developer, and its successors,heirs, and assigns hereby agree
that prior to issuance of a building permit on the subject parcel, a site development plan shall be
submitted and approved by the, City Council of the United City of Yorkville conforming to the
following standards:
2
1. Only one access cut shall be allowed from the subject site onto
Cannonball Trail. Said access may consist of the existing drive, or said drive may be relocated;
but no closer than 200 West of the intersection with State Route 47.
2. A 30 foot setback shall be maintained on the entire South and West
boundaries of the subject site as a transition buffer with adjoining residential uses.
3. Said transitional buffer/setback area shall be improved with
landscaping,berming, or financing with an opacity factor of at least 50% at the time of
development.
4. Nothing contained herein shall obligate Owner to install screening,
buffering, or landscaping, unless development of the subject site takes place.
2. C'ITY'S AGFTEMENTS.
A. The City agrees that due to the nature of the use and zoning for said
parcel, Owner has no obligation to pay School Transition Fees or Land-Cash Fees.
B. Owner shall be allowed one free Sanitary Sewer Tap to the City of
Yorkville; and one free Water Main Tap-on up to 1" and meter therefore to THE UNITED CITY
OF YORKVILLE as to the real property described in the attached Exhibit"A". Nothing
contained herein shall waive recapture which is required to be paid upon hooking up to City
Water and Sanitary Sewer Main as a condition of the State and County Grants and Loans on the
North City Sewer and Water Interception project.
C. THE UNITED CITY OF YORKVILLE agrees to rebate to the Owner
within 30 days of the presentation of the paid Real Estate Tax Bill to the City Treasurer,the
City's portion of Real Estate Taxes for the next four consecutive Real Estate Tax Bills Owner
3
receives for the subject real property after annexation.
To secure said rebate Owner shall forward a copy of each Real Estate Tax
Bill to the City Treasurer upon receipt; and shall receive payment of the City portion of the Real
Estate Taxes within 30 days of the receipt of the bill by THE UNITED CITY OF YORKVIILLE.
D. The City warrants that it has sufficient water and sanitary sewer capacity
to accommodate the needs of Owner. Owner shall not be required by THE UNITED CITY OF
YORKVILLE to hook-on to the City water or Sanitary Sewer System as a result of entering into
this Annexation Agreement,but may do upon its desire to obtain those services.
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is
specifically understood and agreed that Owner and its successors and assigns shall have the right
to sell transfer,mortgage and assign all or any part of the subject property and the improvements
thereon to other persons,trusts,partnerships, firms, or corporations, for investment,building,
financing, developing and all such purposes,and that said persons,trusts,partnerships, funs,or
corporations shall be entitled to the same rights and privileges and shall have the same
obligations as Owner under this Agreement and upon such transfer,the obligations pertaining to
the property transferred or sold shall be the sole obligations of the transferee, except for any
performance bonds or guaranties posted by Owner on any subdivided or unimproved property for
which an acceptable substitute performance bond or letter of credit has not been submitted to the
City.
4. TEME OF THE ESSENCE. It is understood and-agreed by the parties hereto that
time is of the essence of this Agreement and that all of the parties will make every reasonable
effort, including the calling of special meetings,to expedite the subject matter hereof It is further
4
understood and agreed by the parties that the successful consummation of this Agreement
requires their continued cooperation.
5. COVEN ID'S AND AGREEMENTS. The covenants and agreements contained
in this Agreement shall be deemed to be covenants running with the land during the term of this
Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of
the parties hereto, including the city, its corporate authorities and their successors in office, and is
enforceable by order of the court pursuant to its provisions and the applicable statutes of the State
of Illinois.
6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding
upon and inure to the benefit of the parties hereto, and their successors and owners of record of
land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal
authorities of said city, so long as development is commenced within a period of twenty years
from the date of execution of this Agreement by the City.
7. NOTICE. Any notices required hereunder shall be in writing and shall be served
upon any other party in writing and shall be delivered personally or sent by registered or certified
mail,return receipt requested,postage prepaid, addressed as follows:
If to the City: City Clerk
111 W. Fox Street, 31 Floor
Yorkville, EL 60560
With a copy to: Daniel J. Kramer, City Attorney
I I 07 S. Bridge Street
Yorkville,IL 60560
If to Owner: T &D Metal Products
P.O. Box 405
Watseka,IL 60970
5
Owner's Attorney: Pat Kinnally
P.O. Box 5030
Aurora, IL 60507
or to such other addresses as any party way from time to time designate in a
written notice to the other parties.
8. ENFORCE ABII.TTY. This Agreement shall be enforceable in any court of
competent jurisdiction by Any of the parties hereto by an appropriate action of law or in equity to
secure the performance of the covenants herein contained.
In the event any portion of said agreement becomes unenforceable due to any
change in Illinois Compiled Statutes or court decisions,said unenforceable portion of this
Agreement shall be excised here from and the remaining portions thereof shall remain in full
force and effect.
9 EN A CM,r_;�r OF ORDINANCES. . The City agrees to adopt any ordinances
which are required to give legal effect to the matters contained in this Agreement or to correct
any technical defects which may arise after the execution of this Agreement.
IN WITNESS WHEREOF,the undersigned have hereunto set their hands and seals this_
ay of 1999.
UNITED CITY OF YORKVILLE
KendZC0 ' ois
By: Robert ohnso ayor
Attest:
City Clerk
6
OWNER:
T&D METAL PRODUCTS
By:
Attest:
Law Offices of Daniel J. Kramer
1107A S.Bridge Street
Yorkville,Illinois 60560
630.553.9500
7
EXHIBIT LIST
A. Legal Description for Parcel of existing building of Remline to be zoned B-3 Service
Business District
B. THE UNITED CITY OF YORKVILLE B-3 Zoning Ordinance
EXHIBIT "A"
LEGAL DESCRIPTION
The South 550.0 feet, as measured along the east line, of that part of the Southwest Quarter of
Section 16,part of the Southeast Quarter of Section 17,part of the Northeast Quarter of Section 20
and part of the Northwest Quarter of Section 21, Township 37 North, Range 7 East of the Third
Principal Meridian described as follows: Commencing at the Northwest comer of the East Half of
the Southeast Quarter of said Section 17; thence southerly along the West line of said East Half
1004.63 feet to the southerly right-of-way of the Burlington Northern Railroad; thence North
73°47'00" East along said southerly right-of-way 322.21 feet to the westerly line of"Richards
Blackberry Estates"extended northwesterly;thence South 29°48'00" East along said extended line
1351.48 feet for apoint ofbeginning;thence South 29°48'00"East along said extended line 1255.85
feet;thence North 82°45'00"East,273.82 feet;thence South 07°31'00"East 335.52 feet to the center
line of Cannonball Trail; thence North 82°44'45" East along said center line 434.84 feet to the
westerly line of Illinois State Route No. 47; thence northerly along said westerly line of Route 47
being a non-tangential curve to the right with a radius of 3477.87 feet and a radial bearing of North
82 002'22" East from the last described point, a distance of 28.04 feet;thence North 07°29'55" West
along said westerly line of Route 47 a distance of 1473.55 feet to a line drawn North 82°27'25" East
from the point of beginning;thence South 82°27'25" West, 1185.21 feet to the point of beginning
in Bristol Township, Kendall County, Illinois.
10-713-1 10-7D-1
Exhibit "B"
CHAPTER 7
BUSINESS DISTRICTS
ARTICLE D. B-3 SERVICE BUSINESS DISTRICT
SECTION:
10-713-1: Permitted Uses
10-7D-2: Special Uses
10-7D-3: Lot Area
10-7D-4: Yard Areas
10-7D-5: Lot Coverage
10-7D-6: Maximum Building Height
10-7D-7: Off-Street Parking and Loading
10-713-1: PERMITTED USES:
All uses permitted in the B-2 District.
Agricultural implement sales and service.
Appliance - service only.
Boat sales.
Building material sales.
Business machine repair.
Car wash without mechanical repair on the premises.
Catering service.
Drive-in restaurant.
Electrical equipment sales.
10-713-4 10-7D-7
required. A transitional yard shall be maintained only when the
adjoining residential district is zoned R-1 or R-2 Single-Family
Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1, 2-12-87)
10-7D-5: LOT COVERAGE: No more than fifty percent (50%) of the
area of the zoning lot may be occupied by buildings and
structures, including accessory buildings. (Ord. 1973-56A, 3-28-74)
10-713-6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or altered to exceed a maximum height of
twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-74)
10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance
with regulations set forth in Chapter 11 of this Title. (Ord.
1973-56A, 3-28-74)
_z...:77-
JAMES M. OLSON ASSOCIATES, LTD.
Illinois Professional Land Surveyors
Land Surveyors & Land Planners
107 West Madison Street
Yorkville, Illinois 60560
Phone: 630-553-0050 Fax: 630-553-0964
February 25, 1999
Legal Description for
Dedication Strip of Cannonball Trail
The South 40.0 feet, as measured perpendicular to the center line of Cannonball
Trail, of that part of the Southwest Quarter of Section 16, pan` of the Southeast Quarter
of Section 17, part of the Northeast Quarter of Section 20 and part of the Northwest
Quarter of Section 21, Township 37 North, Range7 East of the
the'rd P Hcipal Meridian
described as follows: Commencing at the Nort e
Southeast Quarter of said Section 17; thence southerly along the West line of said East
Half 1004.63 feet to the southerly right-of-way of the Burlington Northern Rani the d,
thence North 73 047'00"East along said southerly right-of-way
westerly line of "Richards Blackberry Estates"extended northwesterly; thence South
29 048'00"East along said extended line 1351.48 feet for a point of beginning, thence
South 29 048100"East along said extended line 1255.85 feet; thence North 82 045'00"
East, 273.82 feet; thence South 0703 1 00 East 335.52 feet to the center line of
Cannonball Trail; thence North 82 04445"East along said center line 434.84 feet to the
westerly line of Illinois State Route No. 47, thence northerly along said westerly line of
Route 47 being a non-tangential curve to the right with a radius of 3477.87 feet and a
radial bearing of North 82002'22" East from the last described oufe 47 i distance o8 04
feet, thence North 07 029'55" West along said westerly line
1473.55 feet to a line drawn North 82 02725"East from the point of beginning; thence
South 82 027'25" West, 1185.21 feet to the point of beginning excepting therefrom that
part thereof within the present right-of-way of Illinois State Route 47 in Bristol Township,
Kendall County, Illinois and containing 0.328 acres, of which 0.191 acres is currently
being used for road purposes.
PLEASE SIGN IN
4 MEETING: 1ctn
DATE: I " 1 �-4 - (D(j
NAME STREET ADDRESS CITY
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