Plan Commission Minutes 2005 02-09-05 Page 1 of 5
APPROVED 5-11-05
UNITED CITY OF YORKVILLE
PLAN COMMISSION
YORKVILLE CITY HALL COUNCIL CHAMBERS
WEDNESDAY, FEBRUARY 9,2005
Chairman Tom Lindblom called the meeting to order at 7 p.m.
ROLL CALL
Members present: Charles Kraupner, Clarence Holdiman, Anne Lucietto, Brian
Schillinger 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; John
Whitehouse, Engineering Enterprises, Inc. Also, see attached sign-in sheet.
MINUTES
Minutes from the Oct. 13 and Dec. 8 Plan Commission meetings were approved.
PUBLIC HEARINGS
1. PC 2004-33 Midwest Development, LLC,petitioners, application to annex and rezone.
See attached.
2. PC 2005-03 Aspen Ridge Estates, LLC, petitioners, application to annex and rezone.
See attached.
3. PC 2005-02 Montalbano Homes and Conifer Group, LLC,petitioners, application to
annex and rezone.
See attached.
4. PC 2005-04 Don and Carol Hamman and Five H, LLC, petitioners, application to
annex and rezone.
See attached.
5. PC 2005-5 Arthur Meinzer/CCM Marketing, Inc. and Ronald Moyers and Sang Chu,
petitioners, application to annex and rezone.
See attached.
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NEW BUSINESS
1. PC 2004-33 Midwest Development, LLC, petitioner, application to annex and rezone.
Chairman Tom Lindblom reminded the Plan Commissioners and those in attendance that
the matter before the Plan Commission is annexation and zoning. He said what is shown
on the plan is not necessarily what will go on the property. This, he said, is the very
beginning of the process.
The petitioners have filed an application to annex and rezone from Kendall County A-1
to Yorkville R-2 One-Family Residence District. The property consists of about 102.75
acres on Fox Road east of High Point Road.
Commissioner Anne Lucietto said she doesn't have a problem with annexation.
Commissioner Brian Schillinger made a motion to recommend approval for annexation
as request for PC 2004-33. Lucietto seconded the motion. The motion was unanimously
approved in a roll call vote. Commissioners Charles Kraupner, Clarence Holdiman,
Lucietto, Schillinger and Lindblom voted yes.
Schillinger said he has concerns about recommending straight R-2 zoning. He said he'd
feel more comfortable if the developers sought a R-2 PUD agreement. That way, he said,
plans won't be able to change.
Schillinger made a motion to recommend R-2 zoning for PC 2004-33 as requested.
Lucietto seconded the motion. After discussion on the issue, the motion was unanimously
defeated 5-0 in a roll call vote. Holdiman, Lucietto, Schillinger, Kraupner and Lindblom
voted no.
Responding to some of the concerns voiced at the public hearing, Lindblom said he
agrees traffic is a major problem. Density, he said is another issue. If the city could work
with the developer to draft a PUD agreement, some of these issues could be addressed, he
said.
Addressing the density issue. Schillinger said that while the city can't stop development,
it could mold it. People who live on one-acre plus lots don't want to see five or six lots in
their back yards. He'd like to see the developer adjust the proposed plans to better fit the
development that's already there.
Regarding the water issue, Kraupner said it might behoove residents of the area to
encourage the developer to do extensive water mitigation plans in the PUD to address the
water issues.
Lindblom said that a few years ago when it rained 16-17 issues, the railroad tracks caused
a big problem. John Whitehouse, with Engineering Enterprises, Inc., said there were
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many problems in that rain and said every road ended up being a dam including Route
30. But that event was more of a 2000-year event, he said.
As a possible solution to some potential water problems, Whitehouse suggested that the
plan could be reorganized so that the number of lots stays the same,but the houses could
be put on smaller lots to create larger retention areas.
The water can be handled fine within the subdivision, however, he said that doesn't
address the problems on land north of the property. He said planners should do, as much
as they can on the property with the assumption that land north of it will be agricultural
for a while yet.
A PUD plan would allow the city flexibility to better accommodate that, he said.
Lindblom asked that if the city went back and suggested a PUD agreement, would there
be another public hearing. City Planner Mike Schoppe said yes.
2. PC 2005-03 Aspen Ridge Estates
Lucietto made a motion to recommend approval of annexation for PC 2005-03 as
requested. Schillinger seconded the motion. The motion was unanimously approved in a
roll call vote. Lucietto, Schillinger, Kraupner, Holdiman and Lindblom voted yes.
As for zoning, Lucietto said the Plan Commission has many of the same concerns it had
in the previous discussion regarding PC 2004-33.
While he said he appreciates all of the things the developer is doing, Schillinger said he'd
feel more comfortable with a PUD.
Attorney David Meek, representing the petitioner, said the petitioner would address many
of the concerns and engineering issues. He added that an annexation agreement could
provide the protection the city wants rather than a PUD agreement. He said a PUD is not
necessary and he asked that the city not lump these two developments together.
Lindblom said he didn't agree with Meek. He said that by recommending straight R-2
zoning, the developer could do whatever he liked. This property is special and unique and
he would like to seem dome controls put into the development.
Over the past two months, the magnitude of requests for development in this area is such
that the city needs to carefully control the developments, he said.
A motion by Lucietto to recommend approval of rezoning for PC 2005-03 was
unanimously defeated in a roll call vote. Schillinger seconded the motion. Schillinger,
Kraupner, Holdiman, Lucietto and Lindblom all cast dissenting votes.
3. PC 2005-02 Montalbano Homes and Conifer Group, LLC, petitioners.
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Lindblom asked why one lot on the property doesn't want to annex into the city. He said
it seems strange they'd be surrounded by the city on three sides, but not want to annex
into the city.
Andy Fitz, attorney for the petitioner, said it's not unlikely for someone to retain an
outlot in a development like this and not want to annex to the city.
Whitehouse commented that if the well and septic on the property went bad, Kendall
County would require the property to connect to the city's water and sewer services. The
city would then allow it, but only if the property was annexed into the city.
On the zoning issue, Holdiman said he has a problem giving straight zoning until he's
sure what's going on the property. Fitz said the application for straight R-2 zoning was
based on discussions with city staff.
Lindblom said he doesn't have a problem with the lot sizes in the proposed development.
However,he's looking for a guarantee that what is shown is what the city will get.
Fitz said everything from fees to lot sizes would be negotiated in the annexation
agreement.
Annexation of the property was unanimously approved while the zoning request was
unanimously rejected. Schillinger made a motion to recommend approval for annexation
of PC 2005-02 when contiguous as requested. Kraupner, Holdiman, Lucietto, Schillinger
and Lindblom voted yes.
Kraupner made a motion to recommend rezoning to R-2 as requested in PC 2005-02.
Holdiman seconded the motion. Holdiman, Lucietto, Schillinger, Kraupner and Lindblom
voted no.
4. PC 2005-04 Don and Carol Hamman and Five H, LLC, petitioners.
Lindblom said the requests for PC 2005-04 should be broken down to three votes—one
on annexation, one on the M-2 zoning request and one for the special uses.
When asked what uses were approved in M-2 zoning, Schoppe said all of the permitted
uses in M-1 would fall into that category. He said there are 12 pages of allowable uses in
M-1 and they include bakeries and bottling businesses. The M-2 zoning allows more
intense uses such as cement block manufacturers, contract builders, airport landing fields
and ready-mix plants.
Looking at the overall plan, Lucietto said her only concern is for the resident who lives in
the lower left corner.
Schillinger made a motion to recommend approval for annexation of PC 2005-04 as
requested. Lucietto seconded the motion. The motion was unanimously approved in a roll
call vote. Lucietto, Schillinger, Kraupner, Holdiman and Lindblom voted yes.
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Lucietto then made a motion to recommend approval for M-2 zoning as requested for PC
2005-04. Holdiman seconded the motion. The motion was unanimously approved in a
roll call vote. Schillinger, Kraupner, Holdiman, Lucietto and Lindblom voted yes.
Lucietto made another motion then to recommend approval for M-2 special use for PC
2005-04 as requested. Schillinger seconded the motion. The motion failed in a 0-5 vote.
Kraupner, Holdiman, Lucietto, Schillinger and Lindblom voted no.
Schillinger said granting a blanket special use permit to the entire area scares him.
5. PC 2005-05 Arthur Meinzer/CCM Marketing, Inc. and Ronald Moyers and Sang Chu
petitioners.
Schillinger made a motion to recommend approval for annexation of PC 2005-05 as
requested. Kraupner seconded the motion. The motion was unanimously approved in a
roll call vote. Holdiman, Lucietto, Schillinger, Kraupner and Lindblom voted yes.
Schillinger asked that with the proposed changes to Route 126, does the petitioner still
want to move forward. Neil Goldman, attorney for the petitioner, said that petitioner is
willing to go forward with the application as it stands.
Kraupner made a motion to recommend approval for B-3 for PC 2005-05 as requested
subject to an annexation agreement. Lucietto, Schillinger, Kraupner, Holdiman and
Lindblom voted yes.
The meeting adjourned at 9:17 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
February 9 , 2005 , at the hour of 7 : 00 p .m. , at
800 Game Farm Road, in the City of Yorkville,
Illinois .
D-747605
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 . CHARLES KRAUPNER;
4 MR . CLARENCE HOLDIMAN;
5 MS . ANNE LUCIETTO;
6 MR . BRIAN SCHILLINGER;
7 MR . MIKE SCHOPPE ;
8 MS . DINA GIPS .
9 A P P E A R A N C E S :
10 WYETH, HEITZ & BROMBEREK
300 East Fifth Avenue , Suite 380
11 Naperville , Illinois 60563
( 630 ) 355-1458
12 BY : MR . JOHN JUSTIN WYETH,
appeared on behalf of the United
13 City of Yorkville, Illinois .
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1 ( Pledge of Allegiance)
2 CHAIRMAN LINDBLOM : Motion passes .
3 At this time I would ask anybody in the audience
4 to please stand and raise your right hand and
5 repeat after me .
6 (Witnesses sworn)
7 CHAIRMAN LINDBLOM : Okay .
8 PC 2004-33 is the first item on the agenda ,
9 Midwest Development , LLC, petitioner, has filed
10 an application with the United City of Yorkville ,
11 Kendall County, Illinois , requesting annexation
12 to the United City of Yorkville and rezoning from
13 Kendall County A-1 Agricultural to United City of
14 Yorkville R-2 One-Family Residence District .
15 The real property consists of
16 approximately 102 . 75 acres on Fox Road east of
17 Highpoint Road, Kendall Township, Kendall County,
18 Illinois .
19 At the beginning of this public
20 hearing I would just state for the public record
21 that we have received a petition from neighbors
22 regarding this petition .
23 And who might be speaking for
24 the petitioner?
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1 WHEREUPON :
2 GREGG INGEMUNSON,
3 having been first duly sworn, testified before
4 the Plan Commission as follows :
5 MR . INGEMUNSON : I will .
6 CHAIRMAN LINDBLOM : Gregg, have you
7 got an exhibit you wish to put up there .
8 MR . INGEMUNSON : Yeah, a couple of
9 them here . We ' ve got a couple of easels over
10 there . I ' ll get them, Tom.
11 CHAIRMAN LINDBLOM : Gregg, I believe
12 you ' ve been advised that the transcript of the
13 meeting, for those of you that were here and
14 spoke at that time , will be part of this record .
15 MR . INGEMUNSON : That ' s right .
16 That ' s right .
17 CHAIRMAN LINDBLOM : Okay . Gregg .
18 MR . INGEMUNSON : There is two
19 concept plans up here . This is the first one
20 that I think you guys have in your packet , and
21 it ' s been revised, this one here , so I just want
22 to show some of the differences between the two .
23 CHAIRMAN LINDBLOM : Excuse me . Can
24 the people in the audience see those , too?
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1 AUDIENCE : No .
2 CHAIRMAN LINDBLOM : Gregg, can you
3 just put them flat against the -- I think
4 everybody here can see them, if they ' re -- There
5 you go .
6 CHAIRMAN LINDBLOM : Is that better
7 for everybody?
8 AUDIENCE : Yes .
9 MR. INGEMUNSON : Okay . I ' ll just
10 stand here . We start out with this plan here .
11 We ' ve already revised it to reflect this plan .
12 We will eliminate a cul-de-sac
13 up here in the northeastern corner, and actually
14 eliminated a lot and moved it down .
15 We as petitioners actually met
16 with some of the land owners in Fox Glen and
17 addressed hopefully some of their concerns , and
18 they have seen this one .
19 They haven ' t -- I think they
20 saw this one originally, but some of them now
21 have seen this one . It ' s a revised plan which
22 shows that we have eliminated that cul-de-sac .
23 Yes , this is the revised one . Eliminated the
24 cul-de-sac .
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1 What we ' d like to do is annex
2 and rezone into the City of Yorkville R-2 and we
3 are asking for about 1 . 75 units per acre .
4 We ' ve got a proposed park in
5 the southeastern corner, 3 . 7 acres ; also, a
6 proposed park in the western edge of the
7 property .
8 The Park Board actually
9 recommended that they would not want to take
10 this , so we would like that reflected as open
11 space .
12 MR . SCHILLINGER : I ' m sorry, can you
13 point to that again?
14 MR . INGEMUNSON : This is the western
15 edge .
16 MR . SCHILLINGER : All right .
17 MR . INGEMUNSON : We have a 50-foot
18 buffer along Fox Road and three detention lakes ,
19 as you can see, and that ' s been -- the detention
20 areas have been engineered to maximize the
21 detention out there , which we know -- we ' ve also
22 heard from people there ' s been some bad drainage
23 in that area .
24 And the open space here along
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1 the western side , there is a creek, and by
2 maintaining this , we think this will maintain
3 that natural area the way it looks now and keep
4 that the way it is .
5 All the lots are 12 , 000 square
6 foot minimum. There is no -- We are not asking
7 for any change in any of the lot sizes out
8 there .
9 And we have one entrance into
10 the property and we have one emergency access ,
11 and it is -- I believe -- I think between Lots 9
12 and 10 is the emergency access .
13 CHAIRMAN LINDBLOM : Between 10 and
14 11 here .
15 MR . INGEMUNSON : This is the old
16 one .
17 CHAIRMAN LINDBLOM : Okay .
18 MR . INGEMUNSON : I ' ll put this one
19 down now . We don ' t need that . Between 9 and 10
20 here there is an emergency access point which, of
21 course , we will close down once any other
22 developments hook in where there is other access ,
23 and I think that ' s always a concern for the Plan
24 Commission .
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1 Any questions ?
2 CHAIRMAN LINDBLOM : As a Commission,
3 we ' ll come back and discuss this again . At this
4 point then, I would ask questions or comments ,
5 whatever, from the audience .
6 Sir, would you please come up
7 to the microphone and state your name and ask
8 whatever it is you care to ask?
9 WHEREUPON :
10 TED SCHNELLER,
11 having been first duly sworn, testified before
12 the Plan Commission as follows :
13 MR . SCHNELLER : My name is Ted
14 Schneller . I live at 33 Ford Drive, which is
15 just down the road from where the development is .
16 First of all , Gregg, has there
17 been any traffic studies done on how Fox Road may
18 or may not be able to handle the traffic?
19 MR . INGEMUNSON : I don ' t think we
20 did a traffic study . Pete, did we do a traffic
21 study up there?
22 MR . HUINKER : Actually we submitted
23 the plan to the locality --
24 WHEREUPON :
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1 PETE HUINKER,
2 having been first duly sworn, testified before
3 the Plan Commission as follows :
4 MR . HUINKER : I ' m sorry, Pete
5 Huinker, Smith Engineering . We submitted the
6 proposed plan to the County and basically based
7 off of past history is requesting that we have
8 both the left and right turn lane provided for
9 the access .
10 MR . SCHNELLER : As I said the last
11 time I was here , I think a lot of people have the
12 same concerns .
13 I don ' t know how Fox Road is
14 going to handle the traffic from this and the
15 four or five other developments that are planned
16 for the area .
17 I sat at the intersection of
18 Fox and 47 ; the light is 15 seconds for Fox
19 Street . That will let five cars through .
20 Now, this is going to generate,
21 I don ' t know how many cars , but I know if you
22 take this , Chelly, Fox Bluff, Evergreen, you are
23 talking about a total of about 297 cars .
24 Now, the intersection at the
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1 present time can conceivably filter 185 cars an
2 hour, 2 , 797 cars in 15 hours .
3 Now, I know it ' s not your
4 responsibility to figure out how the road can
5 handle it , it ' s Yorkville ' s responsibility, how
6 is Yorkville going to handle all of those cars ,
7 with not just this development , the other
8 developments .
9 Now, we all know this area is
10 going to be developed, you know, nobody is naive ,
11 but aren ' t we putting the cart before the horse
12 with annexing, allowing the development of
13 thousands of homes with no way to handle it?
14 That ' s , you know, my biggest
15 question, and I am assuming that there ' s been
16 engineering studies with regard to the drainage .
17 That ' s certainly another issue .
18 The other concern that I have
19 and I think other residents have is although this
20 is a fairly low density in the scheme of things ,
21 it ' s out of character for the area .
22 If you go west of Rivers Edge
23 and Fox Lawn, there is not a home that ' s on less
24 than an acre, and now we ' re talking about 1 . 75
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1 units per acre .
2 That ' s fairly dense for a city
3 that has traffic problems , school problems . How
4 are we going to handle it? I -- you know, that ' s
5 my biggest question . How are we going to handle
6 all these cars and the drainage and every other
7 problem that goes along with it?
8 I mean, I understand you have a
9 right to develop your property . It ' s America .
10 It ' s great . But shouldn ' t we figure out how we
11 are going to handle the development first?
12 CHAIRMAN LINDBLOM : Okay . Thank
13 you . Gregg, do you have --
14 MR . INGEMUNSON : Just respond to one
15 thing, I think they were paying $2 , 000 per lot
16 that goes into a traffic -- essentially a traffic
17 fund for the City of Yorkville, so there ' s going
18 to be 2 , 000 per lot and how many lots here? 178 .
19 So $360 , 000 that are going into the traffic fund
20 for Yorkville to help I assume whatever Yorkville
21 does , but I assume they will regionalize it
22 and --
23 MR . SCHNELLER : Well , the other
24 problem with Fox Road is -- I don ' t care what you
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1 do with Fox Road . You can make it ten lanes .
2 Until something is done with 47 , the end of the
3 funnel is only this big . You can make the top of
4 the funnel as big as you want, but water only
5 comes out at the bottom of the hole .
6 So, you know, it ' s not your
7 responsibility per se , but yet somebody has got
8 to do something about it .
9 CHAIRMAN LINDBLOM : Okay . We have
10 some more displays coming up before us .
11 WHEREUPON :
12 DERVIN ALLEN,
13 having been first duly sworn, testified before
14 the Plan Commission as follows :
15 MR . ALLEN : Name is Dervin Allen, 12
16 Fox Glen Circle . I was here two weeks ago, just
17 made the pictures a little bit bigger .
18 What I wanted to show here
19 mainly, this is a one-inch rain . You can go back
20 to this date , it ' s there , you can check the
21 rainfall . It rained for two days . It ' s Sunday
22 afternoon . By the time Sunday evening comes , you
23 can see what we have .
24 They are showing their
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1 development like this . Fine . If I look here,
2 you can see a swipe through this field right
3 where they are talking about development . The
4 farmer won ' t even plant the field .
5 It ' s a big swale through there ,
6 water comes down through there , okay?
7 I know the engineering with the
8 lakes , they ' re going to slow down the water flow,
9 but you ' re going to increase it . You can only
10 hold back Mother Nature so long, okay? And
11 that ' s the way it ' s designed and engineered .
12 I understand that you will slow
13 down the water flow, you won ' t have this so fast,
14 but it ' s going to still be there, so we have
15 to -- I have a map of the whole thing, from Route
16 71 down to River Road, there is almost 200 feet
17 difference in elevation .
18 This is only one subdivision
19 you are talking about . You ' ve got five , six,
20 seven more out there, and it ' s all going to
21 increase and we know it, so we have to do
22 something with it .
23 Again, I ' ll even use the City ' s
24 one , and that even on their layout , you can see
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1 it u there better . Let me et it so I ' m not
p g
2 turned around here .
13 All the green areas that you
14 have all come down -- they stop at Fox Road .
5 They stop at Fox Road or they stop at the
I6 railroad tracks .
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7 Those railroad tracks were
B built at the turn of the century . It does not
9 have adequate drainage underneath it , even to
10 handle what we have here . It ' s all backed up .
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111 What I was trying to do with
12 this picture here is to show you the white fence
1,3 and the deck that you see on this gentleman ' s
1,4 house is this house right here .
15 Now you see how close the water
116 was to his picket fence in his back yard, and
1117 that ' s a walk-out basement . I guess it ' s
18 relevant now . Has anybody talked to the railroad
9 company?
_�0 (No Response )
�1 MR . ALLEN : Anybody talked to them?
�2 MR . INGEMUNSON : It ' s not our
3 responsibility to talk to the railroad . They are
�4 not on our property .
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l MR . ALLEN : That ' s what I ' m saying,
12 I don ' t know whose responsibility it is .
3 After --
I4 MR . INGEMUNSON : They ' re not on our
5 property .
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6 MR . WHITEHOUSE : I understand your
I7 concern, but what is your suggestion?
i8 MR . ALLEN : They have to upgrade the
9 railroad before we can do this .
10 MR . WHITEHOUSE : Can ' t .
. 1 CHAIRMAN LINDBLOM : Just a comment
1'2 for the public . Some of these questions that you
3 have -- help me with this , John, for sure -- but
4 what we are talking about tonight is annexation
15 and zoning . A lot of the engineering work and a
16 lot of that will come at a later date .
� 7 MR . ALLEN : What date?
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18 CHAIRMAN LINDBLOM : Traffic, water
9 flow, et cetera .
40 MR . WHITEHOUSE : John Whitehouse ,
�1 Engineering Enterprises . The railroad culvert
�2 cannot be upsized . In the first place, the
�3 railroad will not do it . And by opening up that
2�4 culvert from an existing condition, it ' s going to
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1 potentially endanger more people downstream.
12 Now, I understand that it is a problem, okay?
1
I3 Now, when the stormwater
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I4 management facility for this subdivision and
I5 everything else that ' s designed upstream, if and
16 when that develops , they are only allowed to
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I7 discharge as much water, not just this . 15 or
I8 point 1-CFS per acre that ' s allowed in the
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9 ordinance , but you also have to take into
1110 consideration the limiting factor of downstream,
111 okay?
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112 The limiting factor in this
113 entire watershed area is that culvert underneath
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1114 the railroad, okay?
1'15 So they may be only allowed to
116 discharge out of these basins . 03 , . 04 , . 05 , we
117 don ' t know . It will have to be based on
118 calculations of cubic feet per second per acre
119 because of that downstream limitation, because if
20 we let too much water go, just like that storm
21 you are talking about , it was a parking lot
�2 essentially, everything ran off of that one-inch
23 rain . It accumulates down there and it doesn ' t
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�4 get underneath the railroad .
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1 We can ' t change the railroad,
2 but we can change the design parameters upstream
3 so that -- This is going to be the toughest part
4 to believe , and I ' m not saying that all of that
5 land is going to develop, okay, but if that land
I6 is developed with everything downstream in
7 consideration, your drainage problem there will
18 be better off post-development than it is with an
I9 open agricultural field right now, okay?
11,0 Now, that ' s the tough part to
1l'1 understand, okay? But if it ' s designed properly
12 and the release rates from all of the upstream
13 detention facilities are based on that most
1i4 restrictive -- It ' s no different than the
15 gentleman who spoke about Route 47 , being the Fox
1i'6 Road problem. It ' s the smallest thing in there,
7 and that culvert is the same thing and --
8 MR . ALLEN : Just by opening
li9 statement , I understand the way it ' s designed .
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20 It ' s designed to slow the water flow down, but it
,�1 will increase the water flow .
J2 MR . WHITEHOUSE : It will increase
�?3 the total amount of flow in most cases that --
�4 during certain storms --
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1 MR . ALLEN : If it ' s designed and
I2 engineered right , you are exactly right .
3 MR. WHITEHOUSE : -- but it will
4 release it at a rate such that the culvert and
5 the railroad will handle it and it will never
6 back up like it does now .
7 MR . ALLEN : Okay . So it ' s not just
8 the culvert , it ' s running over the top of Fox
9 Road . One picture shows here . This is Fox Road
10 here .
1'1 MR . WHITEHOUSE : Right .
12 MR . ALLEN : The water is coming over
1��3 Fox Road right there , and that ' s just one part of
1%4 it . It ' s the whole thing .
15 MR . WHITEHOUSE : It ' s the exact same
l6 theory, though . If the culvert underneath Fox
� 7 Road is the most restrictive in there , then the
18 release rate upstream is going to be decided on
�9 that culvert capacity, not the railroad culvert
20 capacity, okay?
1 So whichever one it is -- and,
22 granted, the water will run for a longer period
�3 of time , so there may have to be some
24 improvements required by the City of the
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1 developer downstream between Fox Road and the
12 railroad so that that water isn ' t spreading out
13 through somebody ' s yard . If there is easements
14 there, then --
5 MR . ALLEN : I made my point . Fair
6 enough .
i
i7 CHAIRMAN LINDBLOM : Okay .
8 MR . ALLEN : We talked about water,
19 but I would like to know where that would be
l0 discussed at . It has to be addressed, and the
1 railroad is not -- one of them, for sure , it ' s
2 not signed here .
13 When I ' ve got seven-foot pipe
24 that is underneath the railroad that is not
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25 carrying, I mean, a trickle of water barely on
�6 this day, right here, a trickle of water .
17 MR . WHITEHOUSE : Are you saying it ' s
18 because it ' s clogged?
9 MR . ALLEN : No . It ' s too high .
�0 MR . WHITEHOUSE : It ' s too high .
�1 MR . ALLEN : The one a hundred yards
22 west of it is two foot and it ' s trying to handle
�3 all of it .
24 And then we ' re going to have
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I the same problem with the other subdivision
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12 tonight , it ' s the same thing, and so that
I3 railroad is a dike for that whole area .
i4 MR . WHITEHOUSE : Right .
5 MR . ALLEN : I have a question for
16 the committee as a whole , planning commission .
I7 Has anybody seen this book, 2005 from Kendall
8 County? It ' s brand new .
9 MR . SCHOPPE : Could you give us the
40 title of that book?
1 MR . ALLEN : Thoughts of Kendall
�2 Township, Resources , Management Plan . I picked
13 it up at Saturday ' s meeting .
I
�4 One of the first problems
15 here -- and I ' ll lay off of it -- planning
16 processes .
17 The reason for this is to
48 promote intergovernmental working with each
49 other . It states right in here , first chapter of
0 it , okay?
21 I asked the county, I said, are
22 you talking to the city? No . City, are you
'23 talking to the county? You guys haven ' t even
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4 seen the book, so that answered my question .
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1 MR . SCHILLINGER : You just got it
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2 when?
I3 MR . ALLEN : Saturday . I was just at
4 Saturday ' s meeting . It was 2005 . It was a
I5 revised 2002 book, but --
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6 MR . SCHILLINGER : It just came out
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I7 Saturday, though .
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8 MR . ALLEN : I don ' t know . Do you
Ig know if it was their newest .
1'0 MAYOR PROCHASKA : It just came out .
11 It ' s their newest .
i
�2 MR. ALLEN : So one of the things I
13 am looking at here, we are looking at a
4 subdivision across the street from the
45 subdivision, okay?
46 There is our entrance , there is
47 their entrance . We are showing our subdivision
18 here , okay?
1g To the water issue , here is a
�?0 big area right here because these two lots widens
,?1 out to these two lots , okay?
�2 Where this retaining pond and
�3 everything, this is already low lying . I didn ' t
.?4 think we were allowed to construct things in low
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I lying areas that already are . I don ' t know, I ' m
I2 just asking, okay? This is where the water is
I3 coming from.
4 There are very little areas
15 here that they haven ' t done something for the
6 water, okay? I ' ll let the other issue go .
I7 My other issue is density,
I8 okay? The County has that planned for one-acre
9 lots . That ' s what it was slated out there for .
110 When I moved out there and
1 invested my money, I looked at the area around
�2 where it was going to be developed and how it was
13 going to be developed, and that was what this was
14 slated for .
i
15 I really would like -- I am
16 recommending it come in at R-1 at least . That ' s
� 7 my recommendation . The reason why, here is your
i8 footprint . I 'm showing you a subdivision here .
19 Does this look natural to this between the two
�0 subdivisions ?
I
21 I mean, that ' s what I ' m going
22 to look at every day, okay? And when I bought
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�3 and invested in property out there , that ' s what I
�4 was underneath that plan . I know things change ,
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11 but it doesn ' t have to change that drastically .
2 I know when it comes down to
3 it , it ' s dollars . How much does it cost me to
4 put the sewer in, how much does it cost me to put
5 the water in, and how much I can make money .
I6 Well , not at my expense , please .
i7 And for the record, too, the
8 City map up there , White Oaks , the way I
i
I9 understand the new plan map that you ' ve got ,
11,0 there would be no more over an acre and a quarter
1'1 lots in the city . Is that the way I understand
1,I�i2 that map?
13 On the bottom of it can you
14 give me the definition of what the size is on
�5 that lot?
6 MR . SCHOPPE : I can answer that .
27 Mike Schoppe , the City ' s planning consultant .
48 The Comprehensive Plan calls for land use , and
19 you are right --
�0 MR . ALLEN : Excuse me , I didn ' t hear
1 you . I ' m sorry .
2 MR . SCHOPPE : The City ' s
23 Comprehensive Plan, both the current plan and the
.�4 one that is being proposed that the City is
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l currently reviewing, call for this land to be in
2 an estate land use . You are correct with that .
i3 The Comprehensive Plan, the
4 City ' s Comprehensive Plan, doesn ' t identify the
�5 lot sizes for estate land use .
I6 What it does say is that the
7 recommended zoning in that area is R-1 and R-2 ,
8 okay, that ' s the only reference the plan has to
9 lot sizes . Now, just for reference --
1i0 MR . ALLEN : This is the new draft
1'1 plan . Does the R-1 have a draft plan?
. 2 MR . SCHOPPE : I was going to say,
13 the existing plan, existing Comprehensive Plan,
4 suggests that R-1 and R-2 zoning are appropriate
15 for estate .
6 R-1 zoning district has a
i
17 minimum lot size -- this is a zoning ordinance
18 now -- the R-1 district has a minimum lot size of
29 18 , 000 square feet , the R-2 zoning ordinance says
0 a minimum of 12 , 000 square feet .
�1 MR . ALLEN : So that ' s why I ' m
22 asking . I mean, that ' s more consistent with the
�3 area , and --
24 MR . SCHOPPE : And I see that . And
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1 this is what you ' ve got .
I2 CHAIRMAN LINDBLOM : Okay .
13 MR . ALLEN : They are both to scale .
i4 Thank you .
15 CHAIRMAN LINDBLOM : Thank you . Who
16 would like to be next? Gentleman over here .
17 WHEREUPON :
8 TOM GILMOUR,
I
9 having been first duly sworn, testified before
�0 the Plan Commission as follows :
1 MR . GILMOUR : My name is Tom
2 Gilmour, 23 Fox Glen Drive . We live across the
i
�3 street from the proposed development .
14 And without loading it down ad
15 nauseam with stereo of what you just heard, one
46 issue that crossed my mind is this disconnect
7 between the County ' s Comprehensive Plan and what
18 the City ' s plan is , and after looking at the
9 City ' s plan that , as we understood it , and you
�0 clarified briefly what the definition of R-1 was ,
�1 what we are kind of curious about is why would
;2 many of these developments that are proposed down
.�3 the road that everybody is going right out of the
�4 box for R-2 zoning on, and if I may paraphrase
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I what I read in the City ' s plan today, one of the
12 descriptions or objectives to be achieved with
i3 the estate planning is to merge or blend into the
14 surrounding community where it ' s at, should have
15 a bearing on your decision as far as the zoning
I6 goes .
7 If I ' m wrong, correct me,
18 but -- I could find it , I just can ' t find the
9 booklet right now, but we just wonder why we have
10 to go to R-2 .
llll And one other question and I ' ll
I
2 leave it , it seems to us like there is a
13 checkerboard effect moving down Fox Road as far
1,4 as actual proposed sites to the stage that we are
1i5 with Midwest tonight . We are kind of curious how
6 all the infrastructure is going to connect there .
l7 For example, Evergreen Farm,
�8 which, if I understand the line-up on the
19 proposed developments , has not even come before
0 the Board yet , yet Aspen Ridge is petitioning
1 right behind Midwest here .
22 How are you going to connect
�3 the services up to Aspen Ridge? I know it ' s a
�4 different issue , but it amplifies what we are
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1 trying to say as far as connecting the
i2 development with a semblance of land .
3 MR . SCHILLINGER : Order?
I
I4 MR . GILMOUR : Order . Thank you .
15 Appreciate your time .
I6 CHAIRMAN LINDBLOM : Thank you .
7 MR . SCHOPPE : Tom, I think there was
8 a question as part of that that maybe I can
9 answer for the gentleman .
10 CHAIRMAN LINDBLOM : Go ahead .
�1 MR . SCHOPPE : He made reference to
i
12 Aspen Ridge and how can that piece of property,
13 being that it ' s further west, be considered later
4 tonight .
�5 That plan is -- that property,
� 6 Aspen Ridge ' s property, is not contiguous to the
17 City currently, and it ' s not uncommon to have
18 negotiations and discussions with land owners
�9 that are not contiguous with the corporate limits
2r0 of Yorkville .
1 Those discussions would be such
�2 that if the project or if and when it does become
23 contiguous , then it would be annexed .
24 That ' s the typical type of
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1 agreement that ' s worked out when properties are
2 not currently contiguous to the building -- or to
I3 the City .
14 MR . GILMOUR : May I ask, once again,
5 does that mean that that project, for example , is
16 on hold until it is connected?
7 For example , if I understand
8 the sewer and water hook-up to Aspen Ridge from
19 Midwest Development progressing west on Fox Road,
10 do they just wait until Evergreen Farm decides
11 that puts everything on the back shelf?
12 MR . SCHOPPE : They wouldn ' t -- Aspen
I
1,3 Ridge could not be developed in the City until
1'14 it ' s contiguous and annexed into the City .
15 Now, does that mean that it has
16 to wait for Evergreen Farms to annex and develop?
1' 7 Not necessarily . It could become contiguous
�8 through some other route, but --
19 MR . GILMOUR : I mean, could you -- I
�0 guess it could be conceivable that you could run
21 the sewer and water across a piece of property
�2 that isn ' t annexed, is that what you are saying?
�3 MR . SCHOPPE : Well , it ' s physically
2�4 possible . Would the City run city water lines
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1 across a piece of property out to Aspen Ridge
2 through property that is not annexed?
3 MAYOR PROCHASKA : I could answer
4 that --
5 MR . SCHOPPE : Okay .
6 MAYOR PROCHASKA : -- and the answer
7 to that is yes . However, the City does not get
8 the easements , the City does not run the lines ,
9 the City does not pay for the lines . That is all
10 at the expense of the developer .
11 If they can find a route that
12 meets the requirements and the specifications of
13 the City and they are willing to pay for it , the
14 City does not -- we don ' t run the services for
15 the developers , they have to run them themselves ,
16 and, as Mike has said, they may get contiguous
17 from a different route , but that doesn ' t mean
18 that that ' s the route the water and sewer would
19 go, and if they were not able to get easement to
20 get utilities to their property, you ' re right,
21 they would have to sit and wait until that
22 happened .
23 MR. GILMOUR : Well , that actually I
24 guess was more informative to me at this point
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1 than anything else , but the point I was trying to
2 illustrate is how some of the developments are
3 being actually developed in the pattern that they
4 have .
5 Another thing that concerns us
6 is it seems like we are -- for example, River ' s
7 Edge , the closest adjacent City subdivision, they
8 are R-2 , and it seems like whenever one of them
9 is designated as an R-2 , that becomes a benchmark
10 that is being used for petitioning for annexation
11 further down the line .
12 Well , if I am understanding the
13 general flow of the both County and City plan for
14 the aesthetic value of our city here , where is
15 the demarcation zone on some of these
16 developments ?
17 I think there is no shortage of
18 R-2 property available, it seems to be running
19 out of our ears , and I think it ' s actually
20 mutually beneficial to the builders .
21 I hate to make a joke out of
22 it, but if you build it , they will buy
23 apparently . There is just -- they can ' t get them
24 up fast enough, and I think there is a market for
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1 it, a bigger --
2 CHAIRMAN LINDBLOM : Okay . I ' d like
3 to move this along, please .
4 MR . GILMOUR : Sorry .
5 CHAIRMAN LINDBLOM : Do you have one
6 other comment?
7 MR . ALLEN : One other .
8 CHAIRMAN LINDBLOM : Something we
9 haven ' t talked about yet?
10 MR . ALLEN : Yes . The developer . I
11 didn ' t get a chance . I forgot . The setback off
12 the road, okay, he said they were 50 feet , okay?
13 I know that we ' re I think right around 150 , your
14 house? Do you know how far it is off of Fox?
15 MR . INGEMUNSON : 50 foot is only the
16 buffer . The closest house we would have is 140
17 feet from the back of that house to the road .
18 MR . SCHILLINGER : Plus their -- plus
19 setback .
20 MR . INGEMUNSON : 140 feet is the
21 closest house to the road . That ' s not 50 feet .
22 MR . ALLEN : Here is looking down the
23 future . You already got houses set in Yorkville
24 that ' s 50 feet off the road at a corner turn,
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1 okay?
2 If you look at the existing
3 restrictions they put out there, Silver Springs ,
4 you cannot even see a house . They are 250 feet
5 off Fox Road .
6 That road will be four lanes .
7 You will see it in your lifetime ; at least I will
8 I think, and so we should plan . We should plan
9 for it now .
10 And I ' m just trying to show
11 you, you know, the existing -- you are looking
12 here, you look at Fox Glen . I mean, we need to
13 be backing off that road as much as we possibly
14 can .
15 CHAIRMAN LINDBLOM : Okay . Any
16 further questioning then on Silver Fox?
17 MS . ALLEN : I just have one
18 question .
19 CHAIRMAN LINDBLOM : Well , please
20 come up to the microphone and state your name .
21 WHEREUPON :
22 LINDA ALLEN,
23 having been first duly sworn, testified before
24 the Plan Commission as follows :
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1 MS . ALLEN : My name is Linda Allen,
2 I live at 12 Fox Glen Circle , and earlier the
3 gentleman that was talking about the subdivision
4 said that he was not looking for any change in
5 the zoning for the house size or the lot size ,
6 but aren ' t we asking for that?
7 Because right now the plans are
8 an acre, even though your City Plan isn ' t that
9 way, but the existing County plan is , so isn ' t
10 that a deviation?
11 MR . INGEMUNSON : We are asking for
12 zoning in the City . What I meant to say is we
13 are asking for a variation on the 12 , 000 square
14 foot minimum. That ' s clear .
15 MS . ALLEN : But if the lot size in
16 the County, and it ' s the County ' s right now, how
17 can we just switch it overnight and say let ' s go
18 down to --
19 CHAIRMAN LINDBLOM : But they are
20 asking to be annexed to the City, that ' s --
21 MS . ALLEN : So they fall under a
22 different plan?
23 MR . SCHILLINGER : No . It ' s County
24 ag right now . If they were going to the
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1 County -- I may be speaking out of line , but if
2 they were going to the County and asking for
3 subdivision approval , it would be what, an acre
4 and an eighth minimum?
5 MAYOR PROCHASKA : They ' ve got a
6 different setup now, too, clustering or whatever,
7 but the answer to your question is they are
8 looking for City zoning, and what they are asking
9 for falls within the regulations of the City
10 zoning they are asking for .
11 MS . ALLEN : Okay .
12 MAYOR PROCHASKA : So it ' s not a
13 variation from the City zoning .
14 MS . ALLEN : Okay . Thank you .
15 MR . INGEMUNSON : Tom, I might also
16 add --
17 CHAIRMAN LINDBLOM : Gregg .
18 MR . INGEMUNSON : -- the average lot
19 size is 14 , 000 square feet, a third of an acre .
20 MR . ALLEN : What ' s the smallest one?
21 MR . INGEMUNSON : 12 , 000 .
22 MR . ALLEN : That ' s the smallest .
23 What ' s the largest?
24 MR . INGEMUNSON : 28 , 000 -- 23 , 000
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1 thousand? 23 , 000 is the biggest . 12 , 000
2 minimum.
3 MR . SCHILLINGER : Outside is 29 .
4 MS . LUCIETTO : We have a different
5 version .
6 MR . SCHILLINGER : Oh, I ' m sorry .
7 CHAIRMAN LINDBLOM : Let ' s clarify .
8 The smallest is 12 , 000 , the largest is what ,
9 Gregg?
10 MR . INGEMUNSON : 23 , 000 .
11 CHAIRMAN LINDBLOM : 23 , 000 . And the
12 average is?
13 MR . INGEMUNSON : 14 and change .
14 CHAIRMAN LINDBLOM : 14 , just to
15 clarify . Okay . Any other comments on this one?
16 (No Response )
17 CHAIRMAN LINDBLOM : Okay . If not ,
18 then I ' m going to move along to item number two
19 on the agenda . PC 2005-03 , Aspen Ridge Estates ,
20 LLC, petitioner, has filed an application with
21 the United City of Yorkville , Kendall County,
22 requesting annexation to the United City of
23 Yorkville and rezoning from Kendall County A-1
24 Agricultural to United City of Yorkville R-2
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1 One-Family Residence District .
2 The real property consists of
3 approximately 125 . 874 acres at 12024 Fox Road,
4 Kendall Township, Kendall County, Illinois .
5 WHEREUPON :
6 DAVID MEEK,
7 having been first duly sworn, testified before
8 the Plan Commission as follows :
9 MR . MEEK : Good evening, Chairman .
10 Good evening, Commissioners . My name is David
11 Meek . I am the attorney for Petitioner, Aspen
12 Ridge Estates .
13 To start off, first , this is a
14 public hearing, so I want to tell you we have
15 filed our affidavit and service of notice under
16 the zoning ordinance, and I do want to tender
17 receipts that were received as of today in my
18 office .
19 CHAIRMAN LINDBLOM : Just for the
20 record, there has also been a petition received
21 from the neighbors on this .
22 MR . MEEK : And if I could ask for a
23 copy of that --
24 CHAIRMAN LINDBLOM : Sure .
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1 MR . MEEK : Today or tomorrow .
2 CHAIRMAN LINDBLOM : Sure .
3 MR . MEEK : You have summarized the
4 gist of our request , maybe I ' ll take purview and
5 stand over here . If the court reporter can hear
6 me, I do have a cold, so I can ' t tell how loud I
7 am.
8 We , too, have a project that is
9 on Fox Road . This time this one is at the
10 southwest corner of Fox and Pavilion . This was a
11 farm field; my client now owns the property .
12 They ' ve had it for about five months I suppose .
13 And we are looking also for R-2
14 zoning in the city, and understand that we are
15 going to be inline to come out here with respect
16 to annexation, and hopefully we will have a
17 couple different annexation corridors to get out
18 here .
19 But let me just talk a little
20 bit about what we are going to do tonight . We
21 are going to present the plan . We do have with
22 us Phil Stuepfert from SEC Planning .
23 The project we are presenting
24 to you -- and we have Pete Huinker, he is the
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1 chief engineer on this project , and he will be
2 available to address concerns because I
3 anticipate there are a few that are similar to
4 what have been expressed prior to this .
5 We ' ve got here a design that
6 has a lot of character . It ' s got nice features ;
7 you can see, however, that from our discussions
8 with park board, there is a difference in this
9 project from what we had proposed when we gave
10 you the concept plan .
11 We now have a smaller park in
12 the center and, at the direction of the park
13 board, in terms of the land cash contributions ,
14 we are proposing to actually put in a trail
15 system, install that trail along the tree-lined
16 pavilion and to cut across the south line to
17 connect to the Channel farm project, once it
18 comes in .
19 We have a lot of good traffic
20 movement , the traffic elements to this design
21 layout , and it is a project that really comes in
22 without any request for variances from the city ' s
23 ordinances for zoning, and we don ' t anticipate we
24 are even asking for any variances from the
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1 subdivision control regulations .
2 The site is -- does have
3 some -- we are keeping some open spaces , about 12
4 acres of this creekbed and trees along here , we
5 are proposing to put in stormwater retention
6 facilities , which can handle all of the water on
7 this site .
8 We do anticipate that Fox Road
9 will be improved, it ' s -- the County as I
10 understand -- it ' s a County swale system I would
11 expect , but I can ' t -- I ' ve got to defer to Pete
12 on this , that were -- when it ' s going to be
13 constructed there may be the opportunity to do
14 curb and gutter as a county road out there , but
15 Pete can correct me if I am mistaken on that .
16 Pavilion, of course , would go
17 from being a township road, assuming this would
18 be the annexation direction, to being a city
19 road .
20 Again, we are coming in with
21 12 , 000 minimum square foot, we have an average
22 lot size I think it ' s of 15 , 000 square feet with
23 a maximum of 23 , 000 , 218 units , and we do feel
24 that this project is appropriate for this site ,
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1 and I think that I will ask -- actually before we
2 take questions I will have Phil Stuepfert come up
3 and talk about the plan and Pete Huinker can give
4 some comments on engineering .
5 WHEREUPON :
6 PHIL STUEPFERT,
7 having been first duly sworn, testified before
8 the Plan Commission as follows :
9 MR . STUEPFERT : Phil Stuepfert of
10 SEC Planning . I think what I want to focus on is
11 several things we heard tonight . We do have some
12 county subdivisions out here in these locations .
13 Per the new Comprehensive Plan
14 that ' s coming through that allows 1 . 75 units per
15 acre , it refers to the design guidelines in the
16 Comprehensive Plan, and we went through those and
17 addressed those .
18 To start off, there is actually
19 13 principles in your Comprehensive Plan that is
20 coming through, and so I ' m just going to point
21 out some of those things that we ' re going to do
22 to get the density that we are asking for, as
23 well as David just mentioned the R-2 district
24 allows 12 , 000 square feet lots , setback, all
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1 those things that are mentioned that was R-2
2 zoning, but going back to the design guidelines ,
3 I just want to point out some of those things
4 that we feel that we are accomplishing .
5 Preserving the character of the
6 area , well , this area down in here , all those
7 existing trees , there is a floodplain down
8 through there , there is existing drain tiles
9 through there . All this area, the corridor
10 through that area, we are obviously not touching
11 that for development in those areas .
12 Along Fox Road, I know one of
13 the concerns really in the City of Yorkville as a
14 whole is down that road, what does that look
15 like .
16 What some of these corridors
17 look like as you drive down through Yorkville --
18 and we have thought about that . We ' ve addressed
19 that . That ' s why you see all of this detention
20 down along Fox Road .
21 We have a minimum of 50-foot
22 buffer and a 300 and 400-foot buffer off of Fox
23 Road, so as you drive down there you ' re going to
24 see the water along the road, so we have placed
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1 that in that location for that reason .
2 CHAIRMAN LINDBLOM : We ' ve got
3 individual maps .
4 MR . STUEPFERT : So some of this
5 buffering we ' ve done along here . Even down here
6 in the area where we do have three or four lots
7 that abut Fox Road, we ' ve actually already looked
8 at it and made a revision to that area where we
9 have taken those two lots , Lots 5 and 6 , we
10 actually have removed those in those areas , so we
11 really only have three lots that are directly
12 backing on Fox Road, so we feel like we have
13 achieved that as a principle .
14 Now, the east side of the
15 plain, we are going to develop in the floodplain
16 anyway; however, that is a wide corridor down
17 there , which we are preserving, and that borders
18 the existing county subdivision on the side of
19 the road .
20 You will see also down in the
21 southeast corner that we have provided extra deep
22 lots . They are actually twice as deep as you
23 what you would typically do in R-2 zoning, which
24 is directly across from the county subdivision as
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1 well , so the separation between buildings is
2 quite a bit .
3 Another principle is we are
4 both connected between land uses , vehicular and
5 trails ; that ' s one of the reasons we are tying
6 this trail -- originally had it going through the
7 park and it ' s been discussed, there is a trail
8 corridor down through there .
9 Provide transition between land
10 uses , I mentioned a little bit about that . We
11 also had this county subdivision down in here
12 where we only had two lots abutting there and we
13 had open space in this area .
14 These are two of our largest
15 lots in the subdivision abutting there , so we
16 have thought about how to address that .
17 Some of the things about
18 incorporating some of the other features , I
19 talked about this down here and we are preserving
20 all those areas down there as well .
21 Principle five is provide a
22 sense of architectural interest . Our client is
23 in agreement with the standards that you are
24 drafting and coming through with . We have no
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1 problem abiding by the new covenants that are of
2 such interest .
3 Enhanced pedestrian experience ,
4 we have talked about that . View corridors ,
5 that ' s why we ' ve structured all this when you
6 come into our site , we have put retention in our
7 entry, and as you come up to the center of our
8 development, we have placed a park and so
9 everywhere you go you are seeing lakes and things
10 like that .
11 Another principle of our plan
12 is to design your detention areas so they are
13 aesthetically pleasing . We were looking at doing
14 wet ponds . Pete can talk to this better .
15 Wet ponds all in this area,
16 which are going to look a lot better than a dry
17 pond in that area, so that ' s how we are going to
18 handle that one .
19 New landscape treatments along
20 here , all through the area, we are actually
21 probably going to enhance the entire area through
22 here and be at least minimum standards , if not
23 above, in terms of landscaping and things like
24 that .
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1 The last one, we barely touched
2 on enhancing site experience , development, site
3 entrances , clean, we will do that at later
4 stages , that ' s not appropriate at this time, and
5 a cohesive signage program.
6 So those are all items you have
7 in your new Comprehensive Plan in order to have
8 R-2 zoning in this area, and so we have thought
9 about and addressed -- and the plan addresses
10 those items in your new Comprehensive Plan, and I
11 feel that our client and our team has even went
12 above and beyond that in areas where we ' ve shown
13 lot sizes up to 20 , 000 and 30 , 000 square feet
14 adjacent to other subdivisions that are abutting .
15 Those could be 12 , 000 square
16 foot lots , but we have thought about that, said
17 let ' s put our large lots down in those areas .
18 So I think that sums up most of
19 the items that -- those are some of the things
20 where it ' s not like we haven ' t thought about
21 those items .
22 We went through the Comp Plan
23 and addressed -- came up with a plan that we feel
24 is in harmony with this Comprehensive Plan .
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1 MR . MEEK : I ' d like to ask Pete
2 Huinker to come up .
3 CHAIRMAN LINDBLOM : I want it make
4 it very brief, though .
5 MR . MEEK : Pete , I ' d like you to
6 talk just very briefly about dissipating traffic
7 concerns out there because that ' s an issue of the
8 residents , and possibly stormwater detention and
9 dealing with that and the railroad issue that
10 came up earlier on the other project . That ' s
11 another concern with this project .
12 MR . HUINKER : Obviously this is just
13 a concept plan at this time and we will
14 incorporate all of these design considerations
15 once we go into the preliminary engineering phase
16 of the project . The County isn ' t going to want
17 curb and gutter .
18 MR . MEEK : Okay .
19 MR . HUINKER : It ' s designated
20 already an open ditch drainage system.
21 MR . MEEK : Okay .
22 MR . HUINKER : The Fox Road entrance
23 is right in, left turn out . Secondary access off
24 Pavilion have a right and left-turn lane . Once
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1 we get into those specifics in engineering, we
2 look at those detailed plans once we get to that
3 stage .
4 With the City we also created a
5 roadway network that provides a future
6 connection -- actually two future connections to
7 the south also, so that we will provide a network
8 of roadways that will interconnect to any future
9 subdivisions .
10 Essentially what we have for
11 our -- for the detention is for -- you can
12 address that more once we go forward with
13 preliminary engineering, but essentially we are
14 honoring the existing variance patterns and we
15 will be looking at these specific design
16 considerations and limitations in the downstream
17 facility .
18 CHAIRMAN LINDBLOM : Okay .
19 Gentlemen, thank you . I am assuming many of the
20 same concerns regarding traffic .
21 Is there a little different
22 situation with water here or not? Maybe call on
23 one or both of you .
24 MR . ALLEN : Yes . The water is still
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1 the issue here and it ' s just going to keep adding
2 to it, and I have one thing I would like for you
3 to read for the record out of the Illinois State
4 law . This chapter right here . It ' s highlighted
5 from here , to the next page about real estate and
6 railways .
7 MR . WHITEHOUSE : You want me to read
8 that into the record?
9 MR . ALLEN : Sure , please . Because
10 you are the one that said that that railway -- I
11 just want to clarify that chapter .
12 MR . MEEK : Would you mind telling us
13 what the source is?
14 MR . WHITEHOUSE : This is a
15 publication --
16 MAYOR PROCHASKA : He is telling you
17 what it is .
18 MR . WHITEHOUSE : This is a
19 publication entitled Illinois Drainage Law that
20 is published by the College of Agricultural
21 Consumer and Environmental Sciences, University
22 of Illinois at Urbana-Champaign, circular 1355 ,
23 a recap of all , you know, case law . I believe
24 this was published in December of 1977 . I
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1 believe -- David, you are probably familiar with
2 this .
3 The chapter here , part one,
4 Illinois Rules of Drainage, titled Law of Natural
5 Drainage, and this subparagraph here titled a
6 land owner must receive surface water flowing
7 naturally from higher ground .
8 One of the most important
9 principles of Illinois drainage law is that
10 owners of lower ground, known as the servient
11 tenant , are bound to receive surface water that
12 naturally flows onto it from higher ground, known
13 as the dominant tenant .
14 This rule means that owners of
15 farms that are lower than adjoining farms must
16 take the water that flows through natural
17 depressions onto their land; likewise , unless the
18 city has adopted a system of artificial drainage ,
19 owners of lots that are lower than adjoining lots
20 can receive water coming from higher lots .
21 It also means that a railroad
22 or a highway embankment must be built of
23 sufficient capacity and at an appropriate
24 location to accommodate water that would
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1 naturally flow across the right-of-way in a state
2 of nature .
3 Okay . Now, you are talking --
4 What this is talking about is that if we build a
5 new highway or somebody builds a new road, they
6 have to size that culvert so that all of the
7 water passes through .
8 This is a culvert, as you
9 stated earlier, that was constructed about a
10 hundred years ago, okay?
11 MR . ALLEN : You are exactly right .
12 I wanted that to come in to take -- We the people
13 here are making a decision on adding things now,
14 okay? That railroad track was built at the turn
15 of the century, I am not disputing that , and it ' s
16 not adequate .
17 At the time it was built , it
18 was adequate , and what little bit of development
19 we have out there has already caused a problem,
20 and the more we build, the more problem we are
21 going to have . Thank you .
22 CHAIRMAN LINDBLOM : Okay . So much
23 for traffic and so much for water . Is there
24 another concern now, something we haven ' t talked
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1 about yet? Because it ' s 8 o ' clock; I want to
2 move this along . Okay . Anything else on PC
3 2005-03 ?
4 Lady over here, please .
5 MR . SCHOPPE : Tom, while she is
6 coming up, I want to add one point to clarify, as
7 we mentioned on the previous item, this item is
8 before us tonight for annexation and rezoning .
9 They are not asking for this plan to be approved
10 tonight .
11 WHEREUPON :
12 BRENDA CUTSINGER,
13 having been first duly sworn, testified before
14 the Plan Commission as follows :
15 MS . CUTSINGER : Brenda Cutsinger,
16 6672 Pavilion Road . That one driveway looks like
17 it ' s right in my front yard . These are just
18 points that the county should consider when they
19 are doing this , looking at this plan : The
20 density, the zoning, the intensiveness of use ,
21 the restrictions on the land, the floodplain
22 drainage, berms , retention, detention,
23 enforcement of subdivision regulations ,
24 improvements required, be it road, be it water,
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1 impact fees , subdivision bonds , performance
2 bonds , letters of credit , recapture ordinances ,
3 road improvement fees , land use restrictions ,
4 maintenance of common areas , annexation
5 agreement , engineering approval , feedback from
6 the taxing bodies , fire , police , schools . Thank
7 you .
8 CHAIRMAN LINDBLOM : Thank you .
9 Anybody else on this?
10 (No Response )
11 CHAIRMAN LINDBLOM : Okay . We are
12 going to move on to Item number PC 2005-02 ,
13 Montalbano Homes and Conifer Group, LLC,
14 petitioners , have filed an application with the
15 United City of Yorkville , Kendall County,
16 Illinois , requesting annexation to the United
17 City of Yorkville and rezoning from Kendall
18 County A-1 Agricultural to United City of
19 Yorkville R-2 One-Family Residence District .
20 The real property consists of
21 approximately 155 . 825 acres at the southeast
22 corner of Ament and Penman Roads , Kendall
23 Township, Kendall County, Illinois .
24 And who is speaking on behalf
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1 of petitioner?
2 WHEREUPON :
3 MICHAEL McGURN,
4 having been first duly sworn, testified before
5 the Plan Commission as follows :
6 MR . McGURN : For the record, my name
7 is Michael McGurn, M-c, capital G-U-R-N . I am
8 general counsel for the petitioner, and I do have
9 the affidavit of service that I will tender to
10 the surrounding property owners .
11 With me here tonight is Andy
12 Fitz , F-I-T-Z . He works in our land acquisition
13 department and oversees the preparation of the
14 land plan .
15 We intend to have only one
16 exhibit and that , for purposes of the record, is
17 the concept plan, it ' s by Glyman, and it is dated
18 January 10 , 2005 .
19 Our company has worked with
20 Staff to bring this along and, in fact , filed the
21 petition on January 10 , and I will defer most of
22 the concepts and the planning to Mr . Fitz and
23 he ' ll answer any other concerns that might come
24 up during the process .
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1 We are just here for the
2 annexation and rezoning hearing, and we have been
3 working with Staff and will be submitting our
4 other papers next week . Thank you .
5 CHAIRMAN LINDBLOM : Okay .
6 WHEREUPON :
7 ANDY FITZ ,
8 having been first duly sworn, testified before
9 the Plan Commission as follows :
10 MR . FITZ : I ' ll just spend a few
11 minutes . As Mike, both Mikes ' , had stated,
12 although we are just here for the annexation and
13 zoning, I ' m just going to touch real briefly on
14 the concept plan .
15 I ' ve been before this
16 Commission as well as the park board and City
17 Council with our initial concept plan .
18 It ' s been revised since in
19 light of comments that we have received, the most
20 major of which was preserving the swale tributary
21 that bisects the property .
22 The City Council had informed
23 us at the meetings some of the comments , we ' d
24 like to see that preserved, and in exchange for
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1 preserving that , we may be amenable to allowing
2 some slightly smaller lots along that open green
3 area, so what this plan envisions is just that .
4 Just the lots that apply to the
5 open area are 10 , 000 something, 90 percent of the
6 lots are 12 , 000 . Some of the other things that
7 we did, we initially had a park that ran from the
8 northwest to the southeast, a ten-acre park .
9 The park board informed us that
10 they would rather have six acres and they ' d
11 rather have it adjacent to the detention, so --
12 and also in conversations that Staff had with the
13 school district , they decided they wanted a
14 four-acre parcel adjacent to the property to the
15 east where it will probably get the majority of
16 their donation from, so I accommodated all that
17 in the southeast portion .
18 We preserved the creek and show
19 a trail system along it . We have added
20 additional road stubs to the south and east and
21 limited our number of stubs to Penman Road .
22 But essentially our plan
23 preserves what the previous plan incorporated,
24 which was buffers along Ament . We have increased
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1 those . Before there were twenty; we have
2 increased those to 40 along Ament and Penman .
3 In a nutshell , that ' s the basic
4 plans . I ' d be happy to answer any questions that
5 you may have or field any questions from the
6 audience .
7 CHAIRMAN LINDBLOM : Okay . Is there
8 any -- is there any questions or concerns from
9 the audience from this ? Because we will come
10 back and talk about this as a group . Yes , ma ' am.
11 WHEREUPON :
12 MELISSA BARNHART ,
13 having been first duly sworn, testified before
14 the Plan Commission as follows :
15 MS . BARNHART : Hi , Tom.
16 CHAIRMAN LINDBLOM : Hi .
17 MS . BARNHART : Melissa Barnhart on
18 behalf of some of the land owners . First of all ,
19 first question, you do have not have contiguity;
20 is that correct?
21 MR . FITZ : That ' s correct .
22 MS . BARNHART : Secondly, and maybe
23 this is a comment, I represent several land
24 owners who are within 500 feet of the proposed
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1 project who have not received any written notice
2 of the hearing, and the reason we are here
3 tonight is because we read the Kendall County
4 Record and it was published in the record, so I
5 do have some concerns about that . I would like
6 that to be remedied as a matter of procedure .
7 CHAIRMAN LINDBLOM : Let ' s address
8 that . Do you have an answer to that?
9 MR . FITZ : We got the list of
10 property owners within 500 feet from the Kendall
11 County Assessor, and we have all our certified
12 mail receipts , as well as the letters that were
13 returned from the addresses that the assessor
14 has , so all of those are a part of the public
15 record .
16 MS . BARNHART : I have several of
17 my -- the land owners here today that do live
18 within 500 feet , they live within 75 feet, and
19 have not received anything .
20 MR. FITZ : The application is in the
21 back, but the list is towards the front .
22 MS . BARNHART : I can tell you right
23 now that the addresses that you have used here
24 are not addresses where any of these people live .
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1 MR . FITZ : Those are from the Tax
2 Assessor ' s records , that ' s what we are required
3 to use .
4 MS . BARNHART : Well , they are
5 incorrect .
6 MR . FITZ : Well , that ' s where the
7 tax bills are supposedly sent .
8 MS . BARNHART : No, they aren ' t .
9 MR . McGURN : Excuse me . May I
10 address that? May I address that point?
11 CHAIRMAN LINDBLOM : Well , go ahead .
12 MR . McGURN : Could you identify for
13 the record who your clients are?
14 MS . BARNHART : Absolutely . Coopers
15 and Richards .
16 MR . McGURN : So you are appearing
17 here tonight --
18 MS . BARNHART : Yes .
19 MR . McGURN : -- on their behalf?
20 MS . BARNHART : Yes , I am.
21 MR . McGURN : I submit that that ' s --
22 that Cooper is on there . I think there is three
23 returned and it ' s marked vacant by the U . S . Post
24 Office .
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1 CHAIRMAN LINDBLOM : I believe
2 Melissa ' s comment was that they learned about it
3 through reading the paper . I ' m not going to
4 debate the point . I think that was covered .
5 I think we are just going to
6 continue with the public hearing here and,
7 Melissa, if you could maybe take a couple minutes
8 even to look and see and submit some things that
9 are incorrect and then we can -- because we will
10 come back to this after all these public
11 hearings --
12 MS . BARNHART : Sure .
13 CHAIRMAN LINDBLOM : -- but we will
14 let the public hearing proceed .
15 Is there any other comments on
16 this , on this petition?
17 (No Response )
18 CHAIRMAN LINDBLOM : Hearing none
19 then, I ' m going to move on the agenda , PC -- Item
20 number four on the agenda, PC 2005-04 , Don and
21 Carol Hamman and Five H, LLC, petitioners , have
22 filed an application with the United City of
23 Yorkville , Kendall County, Illinois, requesting
24 annexation to the United City of Yorkville and
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1 rezoning from Kendall County A-1 Agricultural to
2 the United City of Yorkville M-2 General
3 Manufacturing District and for all special uses
4 permitted in the M-2 District subject to the site
5 plan approval .
6 The real property consists of
7 approximately 326 . 785 acres from Eldamain to
8 Corneils to Beecher to Faxon Road, Kendall
9 Township, Kendall County, Illinois .
10 WHEREUPON :
11 JOHN DUGGAN,
12 having been first duly sworn, testified before
13 the Plan Commission as follows :
14 MR . DUGGAN : My name is John Duggan
15 on behalf of Don and Carol Hamman and Five H,
16 LLC . Don and Carol Hamman are the majority
17 owners of the property . The family partnership
18 are Don and Carol Hamman and their three sons .
19 I ' d like to give you all an
20 additional exhibit which we had prepared today
21 with some additional details on the -- additional
22 details on the potential project .
23 CHAIRMAN LINDBLOM : And is this a
24 copy that you have on the board?
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1 MR . DUGGAN : It is . It is , and it
2 has some additional details for the potential
3 road system and one of the uses that we
4 contemplate .
5 As you can see, this is a large
6 property on the far north end of the city . It is
7 in the Comprehensive Plan as industrial and
8 office research .
9 This particular property is
10 about -- is part of a property that Commonwealth
11 Edison owns that ' s approximately a square mile ,
12 and it is the surplus land surrounding the
13 Commonwealth Edison substation off of Eldamain,
14 Faxon and Corneils Road, west of Beecher Road .
15 The property is the second type
16 of industrial part of this type that the Hammans
17 have developed . Their other Lincoln Prairie
18 project is in the Will County portion of Aurora,
19 Illinois .
20 We are contemplating an M-2
21 use , which we feel is within the contemplation of
22 the Comprehensive Plan . This type of use is we
23 feel ideal for this location .
24 It already has an industrial
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1 character with the Commonwealth Edison substation
2 and Menard ' s distribution center to the west in
3 the City of Plano .
4 The property is I think ideal
5 for that use . It ' s got excellent roads . It is
6 not in the vicinity of any other area that we
7 feel it would be incompatible with . It complies
8 with the Comprehensive Plan .
9 This particular type of use we
10 think is essential to the development of the City
11 for both employment and tax base . We think it
12 would be an asset to the City and we are very
13 appreciative of some of the references for use on
14 the project that the City and the Economic
15 Development Commission has recommended to us .
16 One of the particular uses that
17 we are contemplating is a ready mix plant , and
18 we ' ve shown a potential site plan for that and a
19 location for it .
20 We also have had extensive
21 discussions with other types of uses that would
22 be compatible with the community and we feel that
23 any additional controls or protections that the
24 City would like with respect to this property
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1 could be properly addressed and protected within
2 the contemplation of the annexation plan, so we
3 are asking for annexation and M-2 General
4 Manufacturing District zoning with special uses
5 as permitted by your zoning ordinance .
6 CHAIRMAN LINDBLOM : Okay .
7 MR . DUGGAN : Thank you .
8 CHAIRMAN LINDBLOM : Questions or
9 concerns from the audience? Lady over here ,
10 please .
11 WHEREUPON :
12 SUE HANSON,
13 having been first duly sworn, testified before
14 the Plan Commission as follows :
15 MS . HANSON : My name is Sue Hanson
16 and I live at the corner of Faxon and Eldamain
17 Road, right across from the property .
18 I have several questions
19 concerning the property . I was wondering is it
20 now contiguous to the city or would this be like
21 a pre-annexation type of agreement?
22 CHAIRMAN LINDBLOM : Mike , do you
23 know, is it contiguous?
24 MR . SCHOPPE : There is -- we have
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1 the Rosen Lincoln property that lies on the east
2 side of Beecher that is contiguous -- that is in
3 the city, and then immediately west of that is
4 the Commonwealth Edison property, which is
5 adjacent to the property that we are talking
6 about .
7 In discussion, the annexation
8 can take place -- the property currently isn ' t in
9 the City, but it could be annexed by the City
10 because it can jump across the Commonwealth
11 Edison property .
12 So it doesn ' t have to have
13 physical contiguity, it can annex across the
14 property .
15 MS . HANSON : Are there any
16 prospective manufacturers currently that have
17 brought any plans to the City?
18 MR . SCHOPPE : No . There is no
19 specific plans that have been brought for City
20 for review, no .
21 MS . HANSON : Does the City have an
22 ordinance about doing construction work on
23 industrial sites at night?
24 When the Menard ' s plant was
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1 built , they operated twenty hours out of 24 hours
2 of the day, they brought in big lights , and I was
3 just wondering if the City had any type of an
4 ordinance against that or if they would limit the
5 hours of construction work being done .
6 CHAIRMAN LINDBLOM : I don ' t know .
7 MR . SCHOPPE : I am not familiar with
8 that either . I ' d have to research that , if those
9 standards do exist in the current ordinances .
10 MS . HANSON : Because, you know,
11 operating and bringing in big lights at night is
12 not conducive for the neighborhood .
13 And also, what traffic -- how
14 many traffic cuts or where would traffic cuts be
15 made on Eldamain Road? I believe -- Are those
16 going to be cuts where he ' s got the arrows?
17 CHAIRMAN LINDBLOM : Are the roads on
18 that map over there through the property?
19 MS . HANSON : Not through the
20 property, no .
21 CHAIRMAN LINDBLOM : They are shown
22 one road --
23 MR . SCHILLINGER : Right behind you .
24 MR . DUGGAN : We are contemplating --
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1 We feel the most appropriate place for a cut
2 would be directly opposite the Menard ' s
3 distribution center, so the traffic could be
4 controlled at that location on Eldamain Road, and
5 ultimately we also think that the northern parcel
6 should have a cut onto Eldamain Road .
7 MS . HANSON : Would there be a light
8 proposed possibly?
9 MR. DUGGAN : That would be direct --
10 MS . HANSON : Across --
11 MR . DUGGAN : If the City felt that
12 lights were warranted, we would certainly, you
13 know, cooperate in the construction of them.
14 MR . SCHILLINGER : Would that or
15 would that not take at that traffic study?
16 MS . HANSON : Well , currently, right
17 now, trucks do not think that they have to stop
18 on the Menard ' s property, so if you have traffic
19 going across the road, it would add to the
20 congestion of that .
21 MR . SCHILLINGER : That would be a --
22 Did anybody call the sheriff?
23 MS . HANSON : Huh?
24 MR . SCHILLINGER : Call the sheriff?
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1 MS . HANSON : Well , it was Plano up
2 until Christmas time or something like that .
3 CHAIRMAN LINDBLOM : Okay . Thank
4 you .
5 MS . HANSON : Thank you .
6 CHAIRMAN LINDBLOM : Any other
7 concerns , questions ?
8 (No response )
9 CHAIRMAN LINDBLOM : Okay . We will
10 move on then to the last public hearing, PC
11 2005-05 , Arthur Meinzer/CCM Marketing,
12 Incorporated, and Ronald Moyers and Sang Chu,
13 petitioners , have filed an application with the
14 United City of Yorkville, Kendall County,
15 Illinois , requesting annexation to the United
16 City of Yorkville, and rezoning from Kendall
17 County A-1 Agricultural to the United City of
18 Yorkville B-3 Service Business District .
19 The real property consists of
20 approximately five acres at 9211 West Route 126 ,
21 Kendall Township, Kendall County, Illinois .
22 WHEREUPON :
23 NEIL GOLTERMANN,
24 having been first duly sworn, testified before
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1 the Plan Commission as follows :
2 MR . GOLTERMANN : Good evening,
3 Chairman, Commissioners . My name is Neil
4 Goltermann . We don ' t have a concept plan to hand
5 out or as a real exhibit for you, simply for the
6 fact that during the negotiations on entering
7 into the contract with the owners , we became
8 aware that IDOT has some plans for Route 126 that
9 affect the nature of the use or how the applicant
10 would use this parcel .
11 A little bit of history if you
12 will , and it all comes anecdotal to us from the
13 owner through their attorney .
14 This property has a farm house
15 on it with a barn building and another
16 out-building, which are currently not in use, and
17 have not been in use for some three to five years
18 we ' re told . No real specifics .
19 Mr . Moyers ' father is the last
20 person to have lived on that property, and we ' re
21 told, again, it was maybe five years ago when he
22 moved out of there .
23 The current proposal is for
24 annexation and zoning to B-3 . Mr . Meinzer
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1 intends on operating a landscape business there
2 by the name of Landscape Depot . He will describe
3 in more detail what he intends on doing with the
4 property .
5 He currently does operate a
6 business in Lombard, Illinois , that would be very
7 similar to what he does now .
8 Also, if I may, I ' m going to
9 point out what we were able to do to just
10 highlight the area that we are talking about , and
11 this is a blow-up of what we got yesterday when
12 Tony Graff kind of brokered a meeting with IDOT
13 for adjoining land owners to Route 71 and
14 Route 126 .
15 The current intersection
16 actually runs right here with the subject
17 property outlined in green, and then all this
18 orange you see is simply to highlight what IDOT ' s
19 current proposal is for a relocation of
20 Route 126 , and in this current proposal , what
21 that does is make the current frontage of this
22 property the rear part of the property with new
23 frontage to the north .
24 And that ' s why we can ' t tell
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1 you exactly where we would like an access point ,
2 where a building might go, because, again,
3 Mr . Meinzer will describe that his concept is a
4 10 , 000 square foot building, it would be a retail
5 building oriented towards the retail customer
6 that would include a design -- a landscape design
7 center . And this is about five acres in total .
8 He would have some outside storage , he would have
9 an outside display .
10 At the south end of this
11 property is the highest elevation of the
12 property; the lowest elevation being at the
13 northwest corner that ' s highlighted in pink, and
14 in considering this property, that ' s where he
15 would take care of drainage issues , which would
16 also tie in with his idea of creating a drainage
17 pond, you know, landscaping it , and making it a
18 display itself for customers coming in .
19 Part of, again, the problem
20 with that is the area outlined in pink is an area
21 that IDOT has kind of marked off as potential
22 right-of-way for them, although the engineers
23 that were here yesterday indicated that they
24 didn ' t have to have that property or that they
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1 could work with ideas about detention and things
2 like that , because they even in their plan talked
3 about making -- The first plan we saw was simply,
4 you know, Route 126 reconfigured like this , and
5 then they added in this subsequent January, 105
6 concept , an access point off of 126 onto the old
7 Route 126 , because they said they thought it
8 would be convenient for the owners here, which is
9 again something they said that they would
10 negotiate with these owners about whether -- not
11 negotiate , but plan with the city and the owners
12 about whether it ' s feasible or viable to have
13 this , and then keep what would be old Route 126
14 open as a city road or something else , and so
15 those are all in flux, if you will .
16 We ' ve had some discussion with
17 City Staff, nothing for certain anyway, that if
18 the applicant was successful in his annexation
19 and zoning and in development, being able to open
20 for business certainly before IDOT makes this
21 reconfiguration with some sort of temporary
22 access building and whatnot with an eye towards
23 being able to switch that once the alignment is
24 completed, and that assumes that the realignment
Depo Court Reporting Service ( 630 ) 983-0030
72
1 goes through as planned .
2 They told us yesterday they
3 were in Phase I , which means that they yet have
4 to have another public hearing on this
5 apparently .
6 I think that ' s it . If
7 Mr . Meinzer will step up, he will give a little
8 bit of an analysis of the type of operation that
9 he currently runs and what he is thinking of for
10 this site .
11 CHAIRMAN LINDBLOM : Okay . Due to
12 the time factor, I don ' t want to get into any
13 more engineering with IDOT .
14 I think we ' ve got the concept
15 of what ' s going to happen, so if you want to say
16 just a very few words about your operation,
17 that ' s fine .
18 WHEREUPON :
19 ARTHUR MEINZER,
20 having been first duly sworn, testified before
21 the Plan Commission as follows :
22 MR . MEINZER : Sure . We ' ve been in
23 business since 1992 as far as Landscape Depot
24 goes . This is a different kind of a concept .
Depo Court Reporting Service ( 630 ) 983-0030
73
1 We ' re going to have an
2 additional display added where people can walk
3 through it and they can see not only what a
4 hardscape would look like , but we want to put the
5 plants in the proper perspective, where they have
6 seasonal plants , explain what colors they would
7 have for different seasons , also what plants
8 would grow in sunny areas , shady areas , and we
9 have a concept where we put the design center,
10 where a customer can then go, bring a larger plot
11 of survey, and we would design it for them, and
12 basically that ' s the short .
13 CHAIRMAN LINDBLOM : Full service,
14 right?
15 MR . MEINZER : Right . That answers
16 it all . Including we would supply landscapers
17 which are bonded and insured, so . . .
18 CHAIRMAN LINDBLOM : Okay . I
19 appreciate that . Thank you . Okay . Is there
20 anybody in the audience that has any questions or
21 concerns?
22 (No Response )
23 CHAIRMAN LINDBLOM : Going once?
24 Going twice?
Depo Court Reporting Service ( 630 ) 983-0030
74
1 (No Response )
2 CHAIRMAN LINDBLOM : Hearing none, I
3 would entertain a motion to close the public
4 hearing .
5 MS . LUCIETTO : So moved .
6 MR . HOLDIMAN : Second .
7 CHAIRMAN LINDBLOM : It ' s been moved
8 and seconded then to close the public hearing .
9 Those in favor signify by saying aye .
10 (A Chorus of Ayes )
11 CHAIRMAN LINDBLOM : Opposed?
12 (No response )
13 CHAIRMAN LINDBLOM : The public
14 hearing is now closed .
15 (Which were all the
16 proceedings had in
17 the public hearings . )
18 ---000---
19
20
21
22
23
24
Depo Court Reporting Service ( 630 ) 983-0030
75
1 STATE OF ILLINOIS )
ss :
2 COUNTY OF LASALLE )
3
4 CHRISTINE M . VITOSH, being first duly
5 sworn, on oath says that she is a Certified
6 Shorthand Reporter doing business in the State of
7 Illinois ;
8 That she reported in shorthand the
9 proceedings had at the foregoing public hearing;
10 And that the foregoing is a true and
11 correct transcript of her shorthand notes so
12 taken as aforesaid and contains all the
13 proceedings had at the said public hearing .
14 IN WITNESS WHEREOF I ve hereunto set
15 my hand thiz /� of
16 2005 .
17
18 c
19 n
20
CHRISTINE M . TOSH, 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 $2,000 -better
February 9, 2005
218(11 39:23 9:9 46:23 70:1 71:6,22 24:10,21 25:3 31:7,10,22 69:10 70:20,20
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abutting[31 43:12,15 14:21 15:1,8,17 17:18 22:11 24:7,23 41:6,6,9,10 berms[11 51:22
2005-04[11 59:20 45:14 18:1,7,12 19:5,8,19,21 42:6,8 43:13 44:15,17920 better[51 5:6 14:1 17:8
2005-05[1] 67:11 access[91 7:10,12,20,22 20:5,11 21:3,8,12 23:20 44:2145:8 55:3,5 62:6 44:14,16
Depo Court Reporting Service Index Page 1
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page TM between - December
February 9, 2005
between[101 4:22 7:11 calls[11 23:18 35:22,24 37:14 39:18 concepts[1] 53:22 70:13
7:13,19 19:1 22:19 25:17 cannot[z1 15:22 32:4 41:13 47:4 49:18 52:15 concern[51 7:23 10:18 Corporate[11 27:19
43:1,4,9 capacity[31 18:19,20 52:17,18 54:16,22 59:22 15:7 46:11 50:24 correct[61 24:2 26:7
beyond[11 45:12 49:23 59:24 60:2 61:6 62:3,10 concerning[11 63:19 39:15 56:20,21 75:11
big[6] 12:3,4 13:5 21:20 ca p ital[11 53:7 62:12,14,24 63:20 64:3,9 concerns[131 5:17 9:12 corridor[31 41:9 42:16
65:2,11 64:9,17,19,21 65:3 66:11
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bigger[2] 12:17 31:1 47:20 53:23 56:8 57:5 corridors[31 37:17 41:16
Carol[41 59:21 60:15,16 city's[8] 13:23 23:17,22
biggest[3] 10:14 11:5 60:18 24:4 25:18,19 26:1 38:22 63:9 67:7 73:21 44:4
35:1 condition[11 15:24
carrying[11 19:15 CLARENCE[11 2:4 cost[z] 23:3,4
bills[1] 58:7 conducive[11 65:12 Council[z1 54:17,22
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bit[71 12:17 37:20 43:2 cart[11 10:11 51:6 Conifer[11 52:13 county[391 3:11,13,17
43:10 50:18 68:11 72:8 case[1] 48:23 clean[11 45:3 connect[31 26:16,22 9:6 20:8,21,23 22:8 30:13
blend[11 26:3 38:17 33:9,16,23 34:1,2 35:21
cases[11 17:23 clear[11 33:14
blow-up[11 69:11 connected[21 28:6 43:4 35:23 36:4 39:9,10,14
cash[11 38:13 client[31 37:1143:22 40:12 42:18,24 43:11
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caused[11 50:19 45:11 g 46:16 51:18 52:15,18,23
board[41 6:8 26:20 38:8 center[61 38:12 44:7 62:2 clients[1] 58:13 connection[11 47:6 57:3,11 59:23 60:1,9
38:13 54:16 2:6 60:24 66:3 70:7 73:9 clogged[11 19:18 connections[11 47:6 61:18 67:14,17,21 75:2
bodies[11 73: century[2] 14:8 50:15 close[a1 7:21 14:15 74:3 consider[1] 51:18 County's[21 25:17
bonded[11 73:17
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bonds[21 52:1,2 [3 closed[11 74:14 17:7 couple[41 4:8,9 37:17
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booklet[11 26:9 certified[21 57:11 75:5 clustering[11 34:6 46:14 47:16 course[z] 7:21 39:16
borders[1] 42:17 Cetera[1] 15:19 cohesive[11 45:5 considered[1] 27:13 Court[1] 37:5
bottom[2] 12:5 23:13 Chairman[691 2:2 3:2,7 Cold[11 37:6 considering[11 70:14 covenants[11 44:1
bought[11 22:22 4:6,11,17,23 5:2,6 7:13 College[11 48:20 consistent[1] 24:22 covered[1] 59:4
bound[11 49:11 7:17 8:2 11:12 12:9 15:11 consists[s] 3:15 36:2 created[1] 47:4
15:18 19:7 25:2,5 27:6,10 colors[11 73:6 52:20 60:6 67:19
box[11 25:24 31:2,5,8 32:15,19 33:19 coming[101 12:10 18:12 creating[11 70:16
brand[11 20:8 22:3 39:20 ] 12:10 8:124 construct[11 21:24 credit[11 52:2
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BRIAN[11 2:6
47:18 50:22 52:8,11 54:5 comment[a1 15:11 31:6 50:9 creekbed[1] 39:4
56:7,16 57:7 58:11 59:1 56:23 59:2 construction[31 64:22
brief[11 46:4 65:5 66:13 crossed[11 25:16
briefl [31 25:20 46:6 59:13,18 60:23 63:6,8,22 comments[61 8:4 35:15 CSR[11 75:21
Y 65:6,17,21 67:3,6,9 68:3 40:4 54:19,23 59:15 consultant[11 23:17
54:13 72:11 73:13,18,23 74:2,7 Commission[221 1:14:4 Consumer[1] 48:21 cubic[1] 16:18
bring[21 53:20 73:10 74:11,13 cul-de-sac[3] 5:12,22
bringing[11 65:11 chance[11 31:11 724 8:2,12 9:3 12:14 20:6 contains[11 75:12 5:24
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BROMBEREK[11 2224 23:1 33:4 35:13 60:13 62:15 63:14 68:1 Contemplating[31 16:13 17:17 18:4,8,16,19
2:10 Channel[11 38:17 72:21 61:20 62:17 65:24 18:19 50:6,8
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g P
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contiguity[21 56:19 Current[71 23:23 65:9
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41:22,22 character[4] 10:21 38:6 64:13
buffering 11 42:5 41:5 62:1 common[11 52:4 68:23 69:15,19,20,21
g contiguous[10] 27:16 customer[2] 70:5 73:10
buffers[11 55:24 CHARLES[11 2:3 Commonwealth[s1 27:19,23 28:2,14,17 29:16
build[31 30:22 50:4,20 check[11 12:20 61:10,13 62:1 64:4,10 63:20,23 64:2 customers[1] 70:18
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ll e 1 6222
building[61 28:2 68:15 Ch Y[ ] 9:22 contract[1] 68:7 cuts[31 65:14514,16
70:2,4,5 71:22 chief[11 38:1 Comp[11 45:22 contributions[11 38:13 Cutsinger[31 51:12,15
buildings[11 43:1 Chorus[11 74:10 company[21 14:19 53:19 control[1] 39:1 51:15
22 62
compatible[11 :
builds[11 50:5 CHRISTINE[3] 1:8 comp controlled[11 66:4
built[s] 14:8 49:22 50:14 75:4,20 Completed[11 71:24 controls[11 62:23 -D_
50:17 65:1 Christmas[11 67:2 complies[11 62:7 convenient[11 71:8 D-747605[1] 1:22
business[61 67:18 69:1 Chu[11 67:12 Comprehensive[151 conversations[1] 55:12 date[31 12:20 15:16,17
69:6 71:20 72:23 75:6 Circle[2] 12:16 33:2 23:18,23 24:3,4,13 25:17 dated[11 53:17
buy 11 30:22 40:13,16,19 45:7,10,24 Cooper[11 58:22
Y circular[11 48:22 61:7,22 62:8 cooperate[11 66:13 David[41 36:6510 40:23
city[72] 1:2,10 2:13 3:10 conceivable[11 28:20 Coopers[11 58:14 49:1
-C- 3:12,13 6:2 11:2,17 18:24 days[11 12:21
20:22,22 23:8,11,24 27:17 conceivably[11 10:1 copy[z1 36:23 60:24
C[11 2:9 dealing[11 46:9
28:3,13,14,24,24 29:7,8,9 Concept[121 4:19 38:10 Comeils[z1 60:8 61:14
C.S.R[2] 1:8 75:20 29:13,14 30:7,13,14 33:8 46:13 53:17 54:14,17 68:4 comer[81 5:13 6:5 31:24 debate[11 59:4
calculations[11 16:18 33:12,20 34:8,9,13 35:21 70:3 71:6 72:14,24 73:9 37:10 42:21 52:22 63:16 December[11 48:24
Depo Court Reporting Service Index Page 2
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page TM decided- future
February 9, 2005
decided[2] 18:18 55:13 66:2 ears[i] 30:19 28:10,16 57:18,18
decides[11 28:10 discharge[2] 16:7,16 easels[1] 4:9 everybody[3] 5:4,7 felt[1] 66:11
decision[2] 26:5 50:13 disconnect[1] 25:16 easement[i] 29:19 25:23 fence[2] 14:12,16
deck[11 14:13 discuss pi 8:3 easements[2] 19:3 29:8 everywhere[11 44:9 few[3] 38:3 54:10 72:16
deep[2] 42:21,22 discussed[2] 19:10 43:7 east[6] 2:10 3:16 42:14 exact[1] 18:15 field[s] 13:2,4 17:9 37:11
defer[21 39:11 53:21 discussion[21 64:7 55:15,20 64:1 exactly[31 18:2 50:11 56:5
definition[2] 23:14 71:16 Economic[11 62:14 70:1 Fifth[i] 2:10
25:20 discussions[4] 27:18 edge[4] 6:6,15 10:22 30:7 example[4] 26:17 28:5
g figure[z] 10:4 11:10
27:21 38:7 62:21 28:7 30:6
demarcation[i] 30:15 Edison[s] 61:11,13 62:1 filed[7] 3:9 35:20 36:15
dense[1] 11:2 display[3] 70:9,18 73:2 64:4,11 excellent[11 62:5 52:14 53:20 59:22 67:13
density[4] 10:20 22:7 displays[1] 12:10 effect[1] 26:13 exchange[1] 54:24 filter p] 10:1
40:22 51:20 disputing[1] 50:15 eighth[11 34:4 Excuse[3] 4:23 23:20 fine[2] 13:172:17
department[i] 53:13 dissipating[i] 46:6 either[i] 65:8 58:9 fire[i] 52:6
Depot[2] 69:2 72:23 distribution[2] 62:2 Eldamain[6] 60:7 61:13 exhibit[4] 4:7 53:16 first[zs] 3:8 4:3,19 8:11
depressions[11 49:17 60:20 68:5
66:3 63:16 65:15 66:4,6 8:16 9:2 11:11 12:13
Dervin[2] 12:12,15 district[ii] 3:14 24:16 elements[1] 38:20 exist[1] 65:9 15:22 20:14,19 25:9 32:23
describe[21 69:2 70:3 24:18 36:1 40:23 52:19 elevation[3] 13:17 existing[io] 15:24 24:13 36:7,13 40:7 51:13 53:4
55:13 60:3,4 63:4 67:18 70:11,12 24:13 32:2,11 33:9 41:7,8 54:8 56:13,18,19 60:12
descriptions[i] 26:2 42:18 47:14 63:13 67:24 71:3 72:20
ditch[i] 46:20 eliminate[i] 5:12 75:4
design[12] 17:2 38:5,20 doesn't[s] 16:23 23:1 expect[1] 39:11
40:15 41:2 44:12 46:14 eliminated[3] 5:14,22 expense[2] 23:6 29:10 Fitz[9] 53:12,22 54:7,10
47:15 70:6,6 73:9,11 24:4 29:17 64:12 523 p 56:21 57:9,20 58:1,6
dollars[11 23:3 embankment[i] 49:22 experience[2] 44:3 45:2
designated[z] 30:9 five[ii] 9:15,19 13:19
dominant[1] 49:13 explain[1] 73:6
46:19 emergency[3] 7:10,12 37:12 43:21 59:21 60:15
designed[61 13:11 16:5 Don[4] 59:20 60:15,16 7:20 expressed[11 38:4 67:20 68:17,21 70:7
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detail[11 69:3 donation pi 55:16 end[31 12:2 61:6 70:10 extra pi 42:21 floodplain[3] 41:7
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details[3] 60:21,22 61:2 enforcement[�] 51:23
detention[i1] 6:18,19 down[32] 5:14 7:19,21 engineerdi] 38:1 -F- 17:20,21,23 30:13 50:1
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46:8 47:11 51:22 55:11 25:22 26:13 30:11 31:22 13:11 18:2 facilities[2] 17:13 39:6 flows[2] 49:12,16
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factor[3] 16:1012 72:12 follows[16] 4:4 8:12 9:3
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73:7 72:20 75:4 48:5 February[i] 1:9
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68:6 et[1] 15:19 fees[2] 52:1,3 frontage[2] 69:21,23
direct[11 66:9 evening[4] 12:22 36:9 feet[is] 13:16 16:18 Full[1] 73:13
direction[2] 38:12 39:18 -E_ 36:10 68:2 24:19,20 31:12,17,20,21 fund[z] 11:17,19
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Depo Court Reporting Service Index Page 3
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page TM G-U-R-N - manufacturers
February 9, 2005
54:2 57:2 59:6,14,18 18:24 51:24 3:17 20:7,11 35:21,23 27:10 31:2,5,8 32:15,19
-G- 67:10 72:4 74:2,4,8,14 include[11 70:6 36:4,4 52:15,17,22,23 33:19 34:17 35:7,11,14
75:9,13 57:3,10 59:23 60:1,8,9 35:17 36:19,24 37:2 42:2
G-U-R-N[11 53:7 Including[11 73:16 67:14,16,21,21 46:3 47:18 50:22 52:8,11
hearings[z] 59:11 74:17 incompatible[1] 62:7
Game[11 1:10 p kind[sl 25:21 26:15 54:5 56:7,16 57:7 58:11
HEITZ[11 2:10 incorporate[11 46:14 59:1,13,18 60:23 63:6,8
general[al 30:13 53:8 help z1 1 1:20 15:13 � 69:12 70:21 72:24
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generate[11 9:20 hereunto[1] 75:14 67:12 72:11 73:13,18,23 74:2,7
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25:6 27:9 33:3 high[21 19:19,20 incorrect[21 58:5 59:9 line[31 30:11 34:1 38:16
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27:4 28:4,19 29:23 31:4 highlighted[21 48:4 indicated[1] 70:23 land[23] 5:16 17:5,5 live U] 8:14 25:12 33:2
GIPE[11 2:8 70:13 individual[11 42:3 23:18 24:1,2,5 27:2,18 57:17,18,24 63:16
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goes[s] 11:7,16 26:6 72:1 HOLDIMAN[21 2:4 infrastructure[il 26:16 landscapers[1] 73:16 location[sl 423 49:24
72:24 74:6 INGEMUNSON[231 landscaping[21 44:23
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68:2,4 home[1] 10:23 7:15,18 8:19 11:14 14:22 lane[2] 9:8 46:24 locations[11 40:12
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8:16 11:13 34:17 35:9 intends[21 69:1,3 68:19
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59:23 60:9 61:19 67:15 limited[11 55:21 maintain[1] 7:2
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handscape[1l 73:4 illustrate[11 30:2 lump[11 64:10 g maintaining[11 52
harmony 11 45:24 JUSTIN[11 2:12 limits[1l 27:19 maintenance[11 52:4
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major[1] 54:20
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important[1l 49:8 LINDBLOM[671 2:2 makes[11 71:20
heard[3l 6:22 25:15 improved[11 39:9 keep[31 7:3 48:171:13 3:2,7 4:6,11917,23 5:2,6 ans ement[z1 16:4
40:11 improvement[11 52:3 keeping[11 39:3 7:13,17 8:2 11:12 12:9 management
hearing[151 3:20 36:14 improvements[21 Kendall[za] 3:11,13,17 15:11,18 19:7 25:2,5 27:6 manufacturers[1l
Depo Court Reporting Service Index Page 4
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page M Manufacturing -police
February 9, 2005
64:16 money[z] 22:11 23:5 northeastern[i] 5:13 order[3] 27:3,4 45:7 permitted[21 60:4 63:5
Manufacturing[21 60:3 Montalbano pi 52:13 northern[11 66:5 ordinance[71 16:9 24:17 person[i] 68:20
63:4 months[11 37:12 northwest[zi 55:8 70:13 24:19 36:16 63:5 64:22 perspective[1] 73:5
ma [s1 13:15 23:8,9,12 65:4
P most[a1 17:13,23 18:17 notes[ii 75:11 Pete[1o] 8:20 9:1,4 37:24
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marked[2] 58:23 70:21 Mother[ii 13:10 oriented[ii 70:5 petition[01 3:21,22
9:24 10:3,9,24 14:15,18
market[i1 30:24 motion[21 3:2 74:3 now[301 5:20 7:3,1918 originally[zi 5:20 43:6 36:20 53:21 59:16
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matter[21 1:7 57:6 52:12 59:19 67:10 24:18 26:9 28:15 32:9 outlined[21 69:17 70:20 35:20 36:11 53:1,8
maximize pi 6:20 moved[si 5:14 22:10 33:7,16,24 34:6 37:11 outside[3i 35:3 70:8,9 petitioners[a] 5:15
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merge[i] 26:3 need[21 7:19 32:12 48:2,10 49:3,8 51:6,16 passes[21 3:2 50:7 planned[31 9:15 22:8
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Depo Court Reporting Service Index Page 5
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page TM pond- services
February 9, 2005
pond[31 21:22 44:17 63:19 64:1,4,5,8,11,14 rates[11 17:12 requirements[1] 29:12 roadways[1] 47:8
70:17 65:18,20 66:18 67:19 rather[21 55:10,11 research[21 61:8 65:8 Ronald[1] 67:12
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railways[11 48:6 semblance[1] 27:2
property[521 3:15 6:7 represent[11 56:23 42:12,19 46:22 50:5 51:16
rain[21 12:19 16:23 sense[1] 43:22
7:10 11:9 14:24 15:5 request[2] 37:4 38:22 51:24 52:3 55:20,21 60:8
22:23 27:12,15,16 28:21 rained[11 12:21 requesting[61 3:11 9:7 61:3,14,14 63:17 65:15 sent[1] 58:7
29:1,2,20 30:18 36:2 rainfall[11 12:21 65:22 66:4,6,19 71:14 separation[1] 43:1
37:11 52:20 53:10 54:21 35:22 52:16 59:23 67:15
raise[11 3:4 roads[3] 52:22 62:5 service[41 36:15 53:9
55:14 57:10 60:6,17 61:6 required[31 18:24 51:24 65:17 67:18 73:13
61:9,10,15 62:4,24 63:17 ran[2] 16:22 55:7 58:2
rate[21 18:4918 roadway[11 47:5 services[2] 26:23 29:14
Depo Court Reporting Service Index Page 6
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page M servient-vicinity
February 9, 2005
servient[11 49:10 space[31 6:11,24 43:13 successful[1] 71:18 Thoughts[1] 20:11 twenty[21 56:1 65:1
set[2] 31:23 75:14 spaces[11 39:3 such[31 18:4 27:21 44:2 thousand[11 35:1 twice[21 42:22 73:24
setback[31 31:11,19 speaking[3] 3:23 34:1 Sue[2] 63:12,15 thousands[11 10:13 two[131 4:18,22 12:16,21
40:24 52:24 sufficient[1] 49:23 three[61 6:18 42:6,11 19:22 21:20,2122:19
setup[1] 34:6 special[21 60:3 63:4 suggestion[1] 15:7 58:22 60:18 68:17 35:18 42:9 43:12,14 47:6
seven[11 13:20 Specific[21 47:15 64:19 suggests[1] 24:14 through[281 9:19 13:2,5 tying[11 43:5
seven-foot[1] 19:13 specifications[11 29:12 Suite[1] 2:10 13:6 19:3 28:18 29:2 type[81 27:24 61:15,16
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situation[1] 47:22 39:5 46:8 Ted[2] 8:10,13 45:23 46:2,10 51:6 53:24
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size[91 23:14 24:17,18 25:13 tracks[2] 14:6,7 upgrade[11 15:8
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stubs[21 55:20,21 ten-acre[11 55:8 38:19,20 46:6 47:20 50:23 upstream[41 16:5 17:2
sizes[a1 7:7 24:5,9 45:13
slated[2] 22:9,14 studies[21 8:17 10:16 tenant[21 49:11,13 65:13914,14 66:3,15,18 17:12 18:18
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40:6,9,9 42:4 trails[1] 43:5 used[2] 30:10 57:23
smaller[z1 38:11 55:2 subdivision[171 13:18 testified[161 4:3 8:11 9:2 uses[71 43:4,10 60:3 61:3
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smallest[41 17:16 34:20 16:4 20:1 21:14,15,17 62:16,21 63:4
40:7 51:13 53:4 54:8 transition[11 43:9
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Smith[1] 9:5 42:18,24 43:11,15 51:23 7220
sons[11 60:18 52:1 tree-lined[1] 38:15
subdivisions[41 22:20 thank[1s] 11:12 25:4,5 trees[21 39:4 41:7 _V_
sorry[s1 6:12 9:4 23:21 40:12 45:14 47:9 27:4,6 34:14 47:19 50:21 tributary 1 vacant[1] 58:23
31:4 35:6 52:6,8 54:4 63:7 67:3,5 ary[ ] 54:20
sort[11 71:21 subject[21 60:4 69:16 73:19 trickle[2] 19:15,16 value[11 30:14
source[1] 48:13 Submit[21 58:21 59:8 themselves[11 29:15 trucks[11 66:17 variance[1] 47:14
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55:20 70:10 Submitting[11 54:3 They've[21 34:5 37:12 trying[5] 14:11 19:22 variation[21 33:13 34:13
southeast[4] 42:21 subparagraph[11 49:5 thinking[1] 72:9 27:1 30:1 32:10 vehicular[11 43:4
52:21 55:8,17 subsequent[11 71:5 third[11 34:19 turn[51 9:8 14:8 31:24 version[11 35:5
southeastern[1] 6:5 Substation[21 61:13 thought[61 41:18 43:16 46:23 50:14 viable[1] 71:12
southwest[1] 37:10 62:1 45:8,16,20 71:7 turned[11 14:2 vicinity[11 62:6
Depo Court Reporting Service Index Page 7
Naperville, Illinois (630) 983-0030
Yorkville Plan Commission Multi-Page`M View- zoning
February 9, 2005
View[i1 44:4 Yorkville[271 1:2,10
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35:21,23,24 41:13,17
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wait[3] 28:10,16 29:21 67:14,16,18
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17:21 18:12,22 19:2,8,15 24:14,16,17,19 25:24 26:5
19:16 21:19 22:2,6 23:5 33:5,12 34:8,10,13 36:16
28:8,21,24 29:18 39:6 37:14 38:23 41:2 42:23
41:24 47:22,24 49:6,11 45:8 51:20 54:13 63:4,5
49:16,20,24 50:7,23 51:24 68:24 71:19
watershed[i1 16:13
week[1] 54:4
weeks[i1 12:16
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whatnot[i1 71:22
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15:10,20,20 17:22 18:3
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20:3,6 41:14
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Willing[11 29:13
wish[11 4:7
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57:10,18,18 61:21 63:1
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WITNESS[1] 75:14
Witnesses[11 3:6
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wondering[21 63:19
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words[i1 72:16
worked[21 28:1 53:19
works[1] 53:12
written[1] 57:1
wrong[1] 26:7
WYETH[21 2:10,12
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yard[31 14:16 19:3 51:17
yards[1] 19:21
years[31 50:10 68:17,21
yesterday[3] 69:11
70:23 72:2
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51:172:3
Depo Court Reporting Service Index Page 8
Naperville, Illinois (630) 983-0030
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