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Plan Commission Minutes 2004 02-11-04
Page I of 8 UNITED CITY OF YORKVILLE APPROVED PLAN COMMISSION MEETING 3-10-04 WEDNESDAY, FEBRUARY 11, 2004 Chairman Tom Lindblom called the meeting to order at 7 p.m. ROLL CALL, Members present: Kerry Green, Clarence Holdiman, Anne Lucietto, Andrew Kubala, Bill Davis, Sandra Adams, Brian Schillinger, Jack Jones, Michael Crouch, and Tom Lindblom. A quorum was established. VISITORS Mayor Art Prochaska; Alderman Richard Sticka; Alderwoman Wanda Ohare; City Engineer Joe Wywrot; City Administrator Tony Graff; City Planner Mike Schoppe; Lynn Dubajic from the Yorkville Economic Development Corporation,Kelly Kramer, from the city attorney's office; and John Whitehouse, Engineering Enterprises, Inc. Also, see attached sign-in sheet. MINUTES Minutes from the Dec. 10, 2003 meeting were approved. PUBLIC HEARINGS 1. PC 2001-16 Jean Dresden, petitioner, has filed an application with the United City of Yorkville requesting rezoning from R-2 One-Family Residence District and B-3 Service District to B-3 Service District. The real property consists of approximately 20.53 acres at the southeast corner of Route 34 and Eldamain Road. See attached. 2. PC 2001-06 DCI-Charrington, Inc., petitioners, has filed an application with the United City of Yorkville requesting rezoning from R-2 One-Family Residence District and B-3 Service District to R-4 General Residence District and B-3 Service Business District. The real property consists of approximately 13.72 acres on the west side of Rob Roy Creek, east of Eldamain Road. See attached. 3. Pollution Control Ordinance See attached. Page 2 of 8 PRESENTATIONS Transportation study Jim Holding and Cami Ferrier from Smith Engineering Consultants, Inc., presented the transportation study to the Plan Commission. Holding said the two studies—the transportation study and the feasibility study for an eastern bridge crossing— are tools for the city to use. In the transportation study, the engineers tried to identify a primary network for the city to utilize for future planning purposes. In doing so, they looked at the comprehensive plan. They also worked with City Planner Mike Schoppe in developing a grid using existing roads as well as some planned roads. The key thing to remember, Holding said, is that this study is planning tool. It's a living document that will need to be revisited every couple of years. The report content, essentially, is an overview of the methodology in how they developed the figures, the development of a primary network map, and an opinion of probably costs based on a 2030 build-out. Ferrier outlined the three-steps used to develop the plan. The first step was to review the city's comprehensive plan, followed by the development of traffic projections and the assigning of cross sections of roadways based on the projections. Based on the population projection of an ultimate buildout of 203,000, they developed the primary roadway network. The network includes some existing roadways, some proposed roadways and potential new roadways. One of the general ideas was to have a roadway spacing of every half mile, which would provide a grid to help move traffic through the area. The second step in the process was to develop a demographic. Using that information, it was projected that the city's population will be 79,000 to 80,000 in 2030. Ferrier said they then used the estimated population to predict the traffic. They developed two types of cross-sections. One was a collector roadway, which would see 2,500 to 12,000 vehicles per day and the other is a major collector, which would see more than 12,000 vehicles per day. Each type of roadway would require different size specifications. Finally, she said they were able to apply the cost per foot of roadway to give the city a general feel of what the potential costs will be. She said that also could segue into discussions on potential impact fees for roads. Page 3 of 8 Holding reiterated that the study is a planning tool to be used as a guideline and will need to be updated. Feasibility study for eastern bridge crossing Holding said Smith Engineering was asked to look at the feasibility of constructing an eastern bridge crossing, specifically a crossing originating from Countryside Parkway. He said the comprehensive plan shows a linkage between Countryside Parkway and the east side of the river. The plan also shows a straight line from the Route 34 to Route 71 roadway not taking into account any of the existing structures. The study takes numerous factors into consideration such as railways, trees, Morgan Creek, the existing roadway network, residential areas as well as flood plains and endangered species. Holding also pointed out that there is a huge grade differential from the north bank to the south bank and generally bridges are constructed to be flat. Another aspect to take into consideration is that crossing would be at the widest point of the flood plain. That prompted the engineering firm to look at other alternatives. Holding said they also looked at wetlands and the value of soils. A lot of the land is unclassified, much of which has been termed poor. Of the options the created in the study, option 4 incorporates the best soils and option 1 includes the poorest soils. Holding reiterated that this is a very preliminary study and that the need for a soil analysis would need to be done immediately at the beginning of a study. The four alignments were dictated by a touchdown at Route 34 and Countryside. If a straight line were constructed, it would go across the largest part of the river and would need to curve around. Option 2 is a variation on that and would also be a long structure as it tries to get around the flood plain. Options 3 and 4 turn up to the north and then cross. Option 4 is the design that would be most cost effective, he said. Cost estimations on the four options range from $31 million to $70 million. Holding added that the whole purpose of the study was to see if some structure could be constructed to cross the river at that point. He said the study has raised a lot of questions, but that it is merely an exercise to say this is what has been looked at. He advised that the document be used with caution. It is simply a tool for the city to consider when determining what the next step should be. Page 4 of 8 Plan Commission Chairman Tom Lindblom asked what Holding's thoughts were on dealing with the railroad crossing. Holding said those specifics were left out of the study and added that it is a low volume railway. Another woman commented that all four options would go across her property. She had been thinking about selling her property and wanted to know how the study might affect the property values. Holding said he has no way of knowing what would happen to the property values. However, he added that although the lines on the drawing look permanent, they're not. When the city reaches the point where it looks into constructing a bridge,the federal government will get involved and would require the city to look at crossings upstream and downstream. Commissioner Andrew Kubala asked if the engineers were stuck with staying with Countryside Parkway. Instead of snaking to Countryside, he said it might make more sense to connect on Bristol Ridge Road some other point directly perpendicular to Route 34. Holding, however, said the scope of the study tied them down. Kubala then asked if the engineers took the latest approved plans of several subdivisions into consideration. Holding said that considerations were made. Mayor Art Prochaska commented that Smith Engineering was following the city's directives, which was to look at a crossing connecting Countryside Parkway with Route 71. As for the timeline of constructing a bridge, Prochaska said he doesn't know if he'll ever drive on it. He said he doesn't envision construction in the foreseeable future. However, he added that it's important to look at potential crossings and designate an area now so that it could be constructed in the future. Right now, he said there are several parcels of land along the river that are undeveloped and it is important to look at those areas before they are developed. Kane County for instance, has become so developed finding a place for an additional river crossing has almost become impossible. Resident Mary Mason said that she and her neighbors all feel very strongly about the preservation of wildlife in the area. She said she has several other concerns as well and submitted a letter addressing her comments. See attached. Another resident stated that she has 10 acres of land along the river and has been approached by developers about the property. She wondered if any potential sales would be tied up by a possible bridge project. Prochaska said the city would work with developers to get something worked out. He said he doesn't envision the potential plans would impede a sale. Page 5 of 8 Another resident asked if there would be greater usage for a crossing on Bristol Ridge, especially with the Grande Reserve Development coming. Holding said that scenario was outside of the study's scope. However, he said a bridge in that area would go right through an environmentally sensitive area. NEW BUSINESS 1. PC 2001-16, Jean Dresden, petitioner, and DCI-Charrington, petitioner, on requests to rezone. Kubala asked why the Plan Commissioners weren't given copies of the plan. Kelly Kramer, representing the city attorney's office said she the plans weren't ready in time to submit them. Kubala then suggested that the plans might be necessary for the commissioner's to have before voting on the request. However, Kramer said it shouldn't matter for the rezoning. City Planner Mike Schoppe said the plat has been submitted and it will eventually come to the Plan Commission. The intent for this meeting, he said, is to look at the rezoning. Commissioner Michael Crouch said this development was approved as a PUD 10 years ago with B-3 on the corner with R-2 zoning. Commissioner Kerry Green asked if this is the same developer as the one who developed Fox Hill. When he was told yes, he said he shared to concerns some residents brought up during the public hearing. Some of the residents paid $5,000 for premium lots. Now the developers want to change what they originally planned for the area. He said it's like closing the barn door after the horse gets out. Commissioner Anne Lucietto said this is one of the pieces of property that came in later. She said the plan commission really struggled with the development. Personally, she said the commissioners worked their tails off to get the development agreement straightened out. She said she has some real hard feelings about changing it. Kramer said the city asked the developer to realign one of the roadways in the planned development. The City of Plano dictated where the road ended up. In order to make the site work with the road going straight, they want the road to line up so there can be a nice signalized intersection. She said it would be very difficult for the developers to market R-2 zoning with the new roadway alignment. Crouch said he's having trouble with that. Schoppe said it would be difficult to do that. He added the city has approved the preliminary plat with the entrance to Eldamain Road further south. By realigning the road, he said the developers have some legitimate concerns as to the location of the road. Page 6 of 8 Crouch asked about the people who are already living in the subdivision. Shoppe said the developers have always planned an open space corridor. What is being proposed is a larger open space corridor than what was originally planned, he said. That is a good thing for residents who live on the other side of the creek, Schoppe added. Also, he said there are more units with the project,but fewer buildings. There are 72 multi-family units planned as opposed to the original 36 single-family homes. There are some pluses and minuses between the two plans. Of benefit to the city, Schoppe said there is additional open space along Rob Roy Creek in the new plan. Also, the city would get additional commercial property. However, Crouch said the increase in the B-3 area isn't significant. Also, he said Rob Roy Creek and Eldamain Road have been in existence. There was talk 10 years ago, that Eldamain might be widened, Crouch said. There was talk 10 years ago about Rob Roy Creek and identifying where the drainage of the creek is located, he added. He said he has a hard time "sticking it to the people who are already there." The people to the east of Rob Roy Creek at least have a buffer. The people to the west of Eldamain aren't getting anything out of this, he added. Kramer said the Plano side is zoned single-family, multi-family and commercial. Lindblom asked if the developers have done any planning for the commercial property. He is reason for asking was because he wanted to know if that was the only way in and out of the subdivision. Kramer said there will be one full access and one right-in right-out for the commercial development. Schoppe added that the residents will have one entrance until the commercial portion is developed. In response to a question from Green, Shoppe also said that the plan calls for townhomes and not apartments. Eventually, Kramer said the developers will have to seek a PUD amendment. The current question, however, relates to straight zoning. Green said he still has a problem with the premiums paid by homeowners. Rob Gamerith, representing the developers, said, while they were the initial land developers, they sold the land to builders and never charged premiums. When the land was sold to builders, it was sold at a consistent price. None of the lots were treated as premium when they were sold to the builders, he said. Commissioner Bill Davis asked how much consideration Plano gave Yorkville when lining up the road. Crouch said he hopes Yorkville and Plano can work together on things like this. But he said that's a whole other issue_ Page 7 of 8 Lindblom then called for a motion. Kubala made a motion to accept the revision of zoning for PC 2001-16 from R-2 to R-4 with the modest adjustments in zoning from B-3 to R-4 or from R-2 to B-3 reflecting the straightening of the line between the two parcels. Crouch seconded the motion. The motion was denied by a vote of 9-1. Kerry Green, Clarence Holdiman, Anne Lucietto, Bill Davis, Sandra Adams, Jack Jones, Michael Crouch, Andrew Kubala and Tom Lindblom voted no. Brian Schillinger voted yes. Kubala said it seems to him that there is no reason why live with the R-2 designation as it stands and replan their lots. It doesn't seem like they will lost that many lots. Schoppe, however, said the city believes that the developers would lose some significant family lots because of the requirement to move the road. Before the vote was taken, Schillinger asked if the two requests had to be put together because the main stickler is the R-4 issue. However, Kubala said he's opposed to B-3 zoning south of the line. After the vote Kubala suggested that everything north of the line be B-3 and everything south be R-2. Rob Gamerith, however, said he didn't think that would be possible. 3. PC 2003-28 Tanglewood Trails— 1 V2 mile review Bob Nelson, owner and developer, of LaFox said the proposed country subdivision would include 39 country estate lots serviced by wells and septic. He added there would be a 70 foot right of way and the pavement would be up to the specifications of the city. Nelson said the city might want to annex the subdivision in the future and said he is willing to work out a pre-annexation agreement with the city. With that agreement, the city would automatically annex the subdivision once it becomes contiguous with the city. As for the plans presented, he said the islands shown in the drawing have been eliminated at the county's request. Also, by reconfiguring the detention area, the open space has been doubled from what is shown on the map. The main road in the subdivision would be named Tanglewood Trails and paths will be added from High Point Road to the eastern edge of the development. Schoppe said some of the city's concerns have been addressed with the agreement to draft an annexation agreement. One of the concerns is that the city plans to serve this part of the area with water. Kramer said that while the agreement hasn't been drafted yet, a lot of the wording will be based on the timetable of when the city can provide services. City Engineer Joe Wywrot said the Planning Council has recommended moving the roadway one lot north because of the crest of the hill. Page 8 of 8 Kubala made a motion to recommend to the county approval of PC 2003-28 as presented. Lucietto seconded the motion. The motion was unanimously approved in a 10-0 vote. Clarence Holdiman, Anne Lucietto,Bill Davis, Sandra Adams,Brian Schillinger, Jack Jones, Michael Crouch, Andrew Kubala, Kerry Green and Tom Lindblom voted yes. 4. PC2003-29 Whispering Meadow Units 1 and 2—final plat Richard Young with Kimball Hill Homes presented the final plat for Whispering Meadow Units 1 and 2. Neighborhood 1 has 189 total lots which is the same number that appears on the preliminary plat. He said they broke it up into two phases in hopes that last fall they would be able to do the dirt work on about 43 lots at the immediate corner. However, because of some engineering challenges, they were unable to do it. That is why this final plat presentation is broken into two plats. He said the developers concur with the comments with reviews from city staff and will make the suggested adjustments. Schoppe said the developers have agreed to take care of the comments, most of which are minor. John Whitehouse, from Engineering Enterprises, Inc., updated the commission on progress to extend Faxon Road. He said the city administrator is negotiating with the existing property owners to try to get a right of way to Route 47 from Faxon Road. Kubala made a motion to recommend council approval of PC 2003-29 units 1 and 2 final plat subject to completion of staff requirements. Lucietto seconded the motion. The motion was unanimously approved 10-0 in a roll call vote. Anne Lucietto, Bill Davis, Sandra Adams, Brian Schillinger, Jack Jones, Michael Crouch, Andrew Kubala, Clarence Holdiman and Tom Lindblom voted yes. Additional Business Lindblom stated that the City Council has made the Plan Commission a group of 10 rather than 13. Likewise, the council has given the Plan Commission the responsibility to select a vice-chairman. Lindblom said he recommends that everyone think of someone they would like to nominate. There will be a nomination process and then the commissioners will vote by secret ballot. Kramer added that the position of the secretary also has been eliminated since the court reporter is at every meeting. In other matters, Mayor Prochaska said that the City Council turned over jurisdiction of Eldamain Road to the county. He added that there are limited cuts available on the roadway and that the Plan Commission and City Council will have to be careful when considering development. The meeting adjourned at 9:40 p.m. Minutes respectfully submitted by Dina Gipe STATE OF ILLINOIS ) SS : COUNTY OF KENDALL ) BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PUBLIC HEARING FOR PC2001-16 REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter, taken before Nicola Gengler, C . S . R. , No . 84-3780 , on February 11 , 2004 , at the hour of 7 : 00 p .m. , at 800 Game Farm Road, Yorkville , Illinois . _� as D-693004 REPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 3 1 PRESENT: 1 (Whereupon proceedings were 2 MR. TOM LINDBLOM, Chairman; 2 had which are not herein 3 MS. SANDRA ADAMS; 3 transcribed.) 4 MR. MICHAEL CROUCH; 4 MR. LINDBLOM: Okay. The first item then 5 MR. BILL DAVIS; 5 under public hearing is the Pollution Control 6 MR. KERRY GREEN; 6 Ordinance; and before we get into that, I would like 7 MR. CLARENCE HOLDIMAN; 7 anybody that thinks they may address the Commission on 8 MR. JACK JONES; 8 any of the public hearings tonight, would you please 9 MR. ANDREW KUBALA; 9 stand so I can give you the oath of public hearing. 10 MS. ANNE LUCIETTO; 10 (Whereupon the audience it MR. BRIAN SCHILLINGER; 11 rrembers were duly sworn.) 12 MR. MIKE SCHOPPE, City Planner; 12 MR. LINDBLOM: Thank you. Okay. 13 MS. DINA GIPS, Minute Taker; 13 Is there a representative from 14 and 14 Gardner, Carton and Douglas? 15 LAW OFFICES OF DANIEL J. KRAMER 15 MR. GRAFF: Not here. 1107A South Bridge Street 16 Yorkville, Illinois 60560 16 MR. LINDBLOM: Okay. Is there anybody from BY: MS. KELLY KRAMER, 17 appeared on behalf of the United City of 17 the public that wishes to comment on the Pollution Yorkville; 18 18 Control Ordinance? ALSO PRESENT: 19 19 (No response.) MAYOR ARTHUR F. PROCHASKA, and 20 20 MR. LINDBLOM: Apparently the presenter has MR. ANTON GRAFF, City Administrator. 21 21 not arrived yet. I'd like to see if we can table this 22 22 towards the end of the public hearing and move on to 23 23 the other items. 24 24 Is there a motion to do that? DepoCcurt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 4 5 1 MR. GREEN: I will move. 1 basically the same. It is dealing with the same piece 2 MR. KUBALA: Second. 2 of property. It is two different owners. So I'd like 3 MR. LINDBLOM: Any discussion on that 3 to do them. They are both numbered PC2001-16. 4 motion? 4 with that being said, is there a 5 (No response.) 5 representative from the petitioner here? 6 MR. LINDBLOM: Those in favor, signify by 6 MR. DE LAHR: (Indicating.) 7 saying aye. 7 MR. LINDBLOM: Yes, sir? would you please 8 (Whereupon there were a 8 come to the microphone and state your name. 9 course of ayes.) 9 MR. DE LAHR: Excuse me just a second. Our 10 MR. LINDBLOM: Opposed? 10 attorney is here, also. 11 (No response.) 11 MR. LINDBLOM: The City has received -- 12 MR. LINDBLOM: Notion passes. 12 while we are getting set up, the city has received an 13 Okay. with that, we will Trove on to 13 objection from apparently some of the land owners in 14 PC2001-16, Jean Dresden, petitioner, has filed an 14 the area. I am just going to read part of this into 15 application with the United City of Yorkville, Kendall 15 the record so I guess record it, and we will give you a 16 County, Illinois, requesting rezoning from United City 16 copy of this also. This one is signed by approximately 17 of Yorkville R-2, One-Family Residence District and 17 15 people. 18 B-3 Service Business District to United City of 18 "We have received a notice of public 19 Yorkville B-3 Service Business District. 19 hearing regarding the rezoning of the property behind 20 The real property consists of 20 our hone at 1701 Cottonwood Court in Yorkville from R-2 21 approximately 20.53 acres at the southeast corner of 21 and B-3 to exclusively B-3. We are unable to attend 22 Route 34 and Eldamain Road in the United City of 22 the hearing due to an out-of-town business trip. 23 Yorkville, Bristol Township, Kendall County. 23 Please enter into the record that we are opposed to 24 Actually these two petitions are 24 this action for the following reasons:" DepoCourt Reporting Service (630) 983-0030 DepoOourt Reporting Service (630) 983-0030 6 7 1 "When we bought our home from the 1 will negate the rural view we have from the back of our 2 developer, Mr. Dresden, we were told that the area on 2 home. Instead of trees, open fields, homes and 3 the west side of Rob Roy Creek would be a park and 3 landscaping, we will be subjected to bright glaring 4 residential area." 4 lights, 24-lour per day automotive and truck traffic, 5 11B-3 Service Business District will 5 24-hour per day barking dogs, garbage trucks, litter, 6 allow such uses as automotive sales and service, car 6 fumes, pollution and other undesirable impacts." 7 washes, drive-in restaurants, kennels, mini-warehouse 7 "We request that our objection to 8 storage, truck sales and service and building material 8 this rezoning be entered into the record and that we be 9 sales. These land uses are not compatible with 9 provided the opportunity to present our objections to 10 adjacent residential development due to early morning, 10 decision makers at a mutually-agreeable date." 11 late night, automotive and truck traffic and noise, 11 This is signed by Steve Moulton and 12 pollution and fumes, bright lights, exterior loud 12 Martha Moulton and then we have undersigned -- "We, the 13 speakers, barking dogs and other incompatible results." 13 undersigned neighbors of the proposed rezoning also 14 "When Fox Hill Subdivision was 14 object to the proposed rezoning request," and that is 15 developed, a recreational bridge was installed across 15 where there is about 12 more names on it. 16 Rob Roy Creek to connect the two residential areas and 16 Kelly, do you have a comment on 17 park. That plan and intent should not be allowed to be 17 this? 18 changed." 18 MS. KRAMER: No. 19 "The B-3 Service Business District 19 MR. LINDBLOM: Okay. Gentlemen, are you 20 and its associated incompatible development will result 20 ready to present this? 21 in decreased property values for our property and make 21 M2. GAMRATH: Good evening, Mr. Chairman, 22 our home harder to sell due to the above-mentioned 22 pleased to be here tonight. 23 negative issues." 23 My name is Rob Gamrath. I am 24 "The B-3 Service Business District 24 pleased to be here tonight. I represent Paul Dresden DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 8 9 1 and his various entities. With me tonight also Marvin 1 but it would be the B-3 parcel essentially that is now 2 Delahr who is the development coordinator for 2 commercial would really remain in the same size, but we 3 Mr. Dresden and his entity and Pete Huinker from Smith 3 will need to clean up the zoning along that boundary 4 Engineering who I am sure you are familiar with. 4 line there. 5 If I can spend just a minute to make 5 When this plan came before the City 6 sure that we are all on the same page, I am sure that 6 and the Plan Commission, that was probably about 7 you are all familiar with the Fox Hill Subdivision. We 7 10 years ago. Many of you may have been on the 8 are talking about the subdivision that is essentially 8 Commission at the time. Since that time, a lot has 9 at 34 between John Street and Eldamain Road. 9 changed. A lot that makes the R-2 single-family 10 In particular tonight what we are 10 designation probably an incompatible use for the land 11 bringing before you are the final phases of the Fox 11 out there now. 12 Hill Subdivision which we refer to as Pod 10, the 12 Specifically we have the now ongoing 13 southern residential portion, and Pod 9 which I believe 13 and as I understand soon to proceed widening of 14 has been subdivided as Unit 7, the commercial portion. 14 Eldamain Road. That is certainly going to became a 15 I am going to talk about both, but I will spend most of 15 much greater thoroughfare for traffic; and when the 16 my time tonight on the residential portion. That is 16 bridge to the south is improved, that will change what 17 really the focus of our rezoning. 17 currently now is a less traveled roadway. i8 We are asking also for rezoning of a 18 We also have the recent mapping of 19 very small portion of the southern end of the 19 the Rob Roy Creek flood plain; and when that was 20 commercial piece and that really is a function of us 20 mapped, it greatly decreased the amount of acreage, 21 wanting to re-subdivide and square off that piece. So 21 developable acreage, that we have with respect to the 22 when we change the southern lot line, a piece of what 22 parcel to the west that is now designated R-2. 23 is -- a portion of what is currently in the B-3 would 23 In addition, we have the large 24 shift and vice versa with the R-2 that is there now, 24 development going on directly to our west which I DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 10 11 1 understand is in Plano, but nonetheless still has an 1 zoning. We are trying to get a reasonable yield fran 2 impact on the use of this parcel here; and as a result 2 the amount of acreage that is left and to be able to 3 of that development, there has been an access point 3 develop both a nice product that can serve Yorkville 4 going into the Plano side of the development that has 4 well and that also does provide us with the opportunity 5 been fixed by those developers; and we have been asked 5 because the fact of the matter is this is a for-profit 6 by the City to consider realigning our access point to 6 business. The opportunity to actually recoup many of 7 match up with that which makes a lot of sense and we 7 the costs that we have incurred for having to 8 are agreeable to do; but when we realign the roadway 8 re-engineer the site probably three or four times, the 9 there we, again, lose additional developable acreage. 9 loss of developable acreage and so forth. 10 So what we are left with is a much 10 So that is a little bit of the 11 smaller parcel, a parcel that quite frankly now really 11 background of where we started 10 years ago and where 12 does call for multifamily development. It is certainly 12 we are today and why we are back in front of you asking 13 common on practice within planning technique -- and your 13 for something different than what we originally 14 planner can correct me if I am wrong here -- to have a 14 presented, and we think and hopefully you will find 15 mixed-use development staggering between commercial, 15 also that it makes a lot of sense at this point in time 16 then multifamily and single family in that kind of 16 for that type of development. 17 tiered progression. We are asking you to consider an 17 Marvin, do you want to spend just a is R-4 designation. 18 few minutes talking about the site plan and what we are 19 Now, I will have Marvin DeLahr talk 19 proposing. 20 to you about what our plans for the specific use of 20 MR. DE LAHR: Sure. My name is Marvin 21 that site are and go through our preliminary site plan 21 Delahr as Rob told you. 22 with you so that you can see what we plan to do on the 22 This is a copy of our original site 23 site once it is rezoned. 23 plan that had 36 lots on it. This was what was 24 We are not trying to max out the R-4 24 approved by the City back 10 years ago. This was our DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 12 13 1 last phase of the subdivision we built. 1 development up here which is an access into this point 2 When we sent it in for approval from 2 also. 3 the City, we got a lot of comments back from then; and 3 Now, the reason I had Pete draw up 4 it included the flood plain that had been mapped by EDI 4 this map the way he did is because it shows the 5 by that point; and we had to change the location of our 5 existing homes that are over here in Fox Hill, the 6 detention pond. we moved it on to where the lots were. 6 fourth addition, and where they sit in relationship to 7 We lost four lots doing so. 7 these buildings over here. When you come off the back 8 It went through approval again. 8 of these houses, there is a detention pound; and then 9 when it came back, they asked for us to realign the 9 there is a green space that includes the creek and 10 roads. When we realigned the roads, it just wouldn't 10 another green space on the other side and another 11 work. we tried every which way to get it to work. We 11 detention pond. 12 wound up losing another three lots on top of that. We 12 At the closest point to any of those 13 were down to 29. 13 houses, it is 600 feet away from building to building. 14 Based on our land costs, our 14 So we are not going to be looking out the back doors at 15 improvement costs and the fact that we lost the lots, 15 another building back there. There is quite a 16 it just wasn't profitable anymore. 16 substantial area. 17 We talked to the City, and we talked 17 That is about all there is on the 18 to than about doing multifamily, and Mr. Schoppe here 1B history of it. Pete, if you have any thoughts on the 19 came up with a site plan for us which we in turn hired 19 engineering. 20 Smith Engineering to expand on and do the engineering 20 MR. HUINKER: Actually I think everything 21 on. 21 was covered in regards to the layout of the property. 22 This is a copy of the plan as it 22 Essentially that we are pretty much 23 sits right now with the multifamily. It shows Eldamain 23 landlocked on the west side with Eldamain Road and the 24 Road, our roads caning in. This will be the commercial 24 east side was the existing flood plain lanes. So what DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 14 15 1 we did was adjust the site to adjust to the existing 1 Nov you mentioned R-4. Is that -- I am not familiar 2 features, and we came up with this plan. 2 with the zoning at all, but someone mentioned that the 3 So if there is any questions with 3 petition was to go from R-2 and B-3 to exclusively B-3 4 the plan itself or any other engineering items that you 4 and then I heard R-4 thrown out. 5 would like to discuss, hopefully ask any questions and 5 MR. DE LAHR: B-3 is the north parcel and 6 I will answer any questions at this time. 6 R-4 is the south parcel. 7 MR. LINDBLOM: We will come back to 7 MR. GAMRATH: Let we try to clarify. We 8 questions from the Commission later on. 8 have really two separate petitions; and because we are 9 At this point though, I would 9 looking to change this boundary line -- right now it is 10 entertain any questions, convents, from the general 10 kind of a jagged boundary line between the two parcels. 11 public. The only thing I would ask is we'd love to 11 We are looking to essentially square 12 hear you talk but talk quick and don't repeat yourself, 12 that off. When we do square the property line off, 13 please. we do have the objections listed in this 13 some of this existing R-2 will now be part of the 14 petition. 14 conrercial parcel to the north. It will be a very 15 So if there is something else you 15 small piece, but we need that commercial parcel to all 16 want to bring to our attention, please feel free to 16 have the same zoning. 17 raise your hand, care up to the microphone; and we will 17 So we have a second petition that 18 go from there. 18 asks for the small piece that is being now brought into 19 MR. KANE: (Indicating.) 19 the commercial parcel to be rezoned to B-3. 20 MR. LINDBLOM: Yes, sir, you had your hand 20 MR. LINDBLOM: If I may interject, part of 21 up? 21 that was my fault for not reading the second petition. 22 MR. KANE: My name is Roger Kane, K-A-N-E. 22 I thought they were pretty much the same, but the 23 You had mentioned that the petition 23 second petition does have R-4 in it. 24 originally called for R-2 and B-3 to exclusively B-3. 24 MR. GAMRATH: Thank you, Mr. Chairman. DepoCcurt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 16 17 1 MR. LINDBLOM: You are welcome. 1 I have had an opportunity to speak 2 MR. KANE: What is R-4? 2 to Marvin a little bit on the phone. I had a chance to 3 MR. LINDBLOM: R-4 is townhouses. 3 meek with Joe Clark and going on what they are planning 4 Is that correct, Mike? 4 on doing, and I can't speak for everybody on that 5 MR. SCHOPPE: That's right. 5 petition, but I can speak for myself. 6 MS. KRAMER: For clarification sake, we can 6 I can let you know I am not caving 7 enter into the record Exhibit A which is a drawing 7 down as a newcomer. I have only lived in Yorkville two 8 showing the zonings from the developer. 8 years, and I am not caning down as an antagonist. I 9 Sir, if you would like to -- it 9 chose to live in Yorkville because I believe that you 10 shows the exact changes in zoning for the different 10 are doing a wonderful job with the multifamily and 11 parcels if you would like to take a look at that. We 11 bringing in new business and open space. I just think 12 can enter that into the record if you want to set it up 12 it is a great place to live. 13 front. 13 When my wife and I bought on 14 MR. LINDBLOM: Any other comrents? 14 Lot 217, we gave a $5,000 premium for that lot as well 15 MR. WILLIAMS: (Indicating.) 15 as some of the other property owners, and we were 16 MR. LINDBLOM: Yes, sir, over here. 16 willing to give that premium for that lot because of 17 MR. WILLIAMS: I am David Williams. I live 17 the open space and serenity with Rob Roy Creek back 18 at 1307 Willow Way. Thank you, Mr. Chairmen, the rest 18 there. It is real relaxing. 19 of the Plan Commission for giving me the opportunity to 19 I had the opportunity to talk with 20 speak. 20 Tony Hanson, and I knew what the zoning was across the 21 I also submitted a petition that 21 street, across the creek. So I guess I would say that 22 hopefully you have a copy of it. There will be 24 22 I am a little bit concerned with the density you want 23 signatures on there. We are mainly opposed to the 23 to come back with, and I don't know where the hardship 24 zoning change from R-2 to the R-4. 24 is even though they had to give up 200 feet or so and DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 18 19 1 line up a new road. I don't know if that constitutes a 1 wider less dense housing going west -- I mean, south. 2 hardship for a change in this zoning. 2 Sorry. So I mean, it just seems like we are going 3 For them to have to give up seven or 3 right back to what we were talking about 10 years ago 4 eight lots and say they can't make a profit, I find 4 and what was conceded at that point. 5 that hard to believe. If you cannot keep it in the R-2 5 The other problem I have is I would 6 zoning and they can't make a profit within the R-2, I 6 like to see if possible the builders put a large wooden 7 would hope that they would consider at least reducing 7 fence surrounding where they are going to put all these 8 that density some and maybe coming back with townhouss 8 houses. We have a lot of livestock, and we have had 9 or something like that where if it has to be changed to 9 problems in the past when they started building the 10 multifamily we only have a density of 66 units 10 houses behind us. We have, you know, decent 11 there. Thank you. 11 agricultural fencing, but we had a lot of problems with 12 MR. LINDBLOM: Thank you. Is there anybody 12 the neighborhood children climbing on then and none of 13 else from the general public? 13 our neighbors in Fox Hill are happy when there are 14 MS. GOVIS: (Indicating.) 14 goats and cows and stuff running over there. 15 MR. LINDBLOM: The lady over here, please. 15 So I would ask that they put sane 16 MS. GOVIS: Hi, my name is Julia Govis and 16 kind of specialty fence for the safety of everybody. 17 we live directly to the south of the proposed zoning 17 Thank you. 18 change, and I have a couple of concerns. 18 MR. LINDBLOM: Thank you. 19 I understand economic reasons; but I 19 Anybody else at this time? 20 was at those meetings 10 years ago; and we had talked 20 MR. KANE: Can I ask another question? 21 about the density at that time and that in following 21 MR. LINDBLOM: Certainly. 22 the comprehensive plan, those townhouse were supposed 22 MR. KANE: Roger Kane. 23 to stay over by 34 so that there would be an easier 23 Is this going to be maybe a park as 24 transition from the carmercial property on 34 to the 24 has been designated all along and do you have any plans DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 20 21 1 at this time because I live on Lot 8 so I back right up 1 subsequent green space will actually be enlarged and 2 to Rob Roy Creek. The flood plain behind us and there 2 will be moving further into what is now the R-2 space. 3 is a lot across from Rob Roy Creek that is a depressed 3 So there will actually be even 4 area. I assume that is not developed in this. 4 further untouched area to the west of Rob Roy Creek. 5 MR. GAMRATH: We are not changing anything 5 That will be expanded. You can see it here on the 6 there. That will resin green space and a park as 6 other map which is a concept plan. 7 well. 7 All this area here is now becoming 8 MR. KANE: Do you have any plans on B-3 at 8 green space prior to the -- our previous plan had it 9 this time or is that going to be like -- 9 developed with single-family hares all the way up to 10 MR. GAMRATH: No, we don't. We don't have 10 the edge of Rob Roy Creek essentially. That will be 11 a particular user at this time -- 11 actually increased significantly. 12 MR. LINDBLOM: Excuse me a second. Can I 12 MR. KANE: Thank you. 13 interrupt you for a second. 13 MR. LINDBLOM: Sure. I believe there was a 14 Just for the court reporter, can I 14 gentleman over here that had his hand up. 15 indicate that the gentleman was pointing to the green 15 MR. FOERNER: My name is Joe Fberner. I 16 area on the map. 16 live 4255 Eldamain Road right across the street from 17 was there an answer then? 17 the southern end of this property. 18 MR. GAMRATH: Yes. I am sorry, 18 There is a couple of things I just 19 Mr. Chairman. 19 wanted to bring up. The original presenters talked 20 With respect to the current zoning 20 about the widening or the improvement of Eldamain Road, 21 map and what has been designated as a park and then 21 and I don't think that is a done deal, and there is no 22 also green space adjacent to Rob Roy Creek, we are not 22 widening absolutely intended. There may be some right 23 asking to change that; and, in fact, as a result of the 23 of way, but I don't think that the road is designated 24 mapping of the Rob Roy Creek, that flood plain and the 24 to be a main thoroughfare yet. DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 9B3-0030 22 23 1 He also talked about improving on 1 homes out that side. 2 the bridge south on Eldamain Road. I don't think there 2 Now, apparently I wasn't aware we 3 is a bridge there last time I looked. 3 are going to be looking across the street at homes in 4 MR. GV4MTH: Not now, correct. 4 there, and the only other comment is I'd like to see 5 MR. FOERNER: There is not a bridge there. 5 some of these petitions, and I'd love to put 4'name on 6 You talked about the 600 feet of 6 them also. Thank you. 7 space between your nearest house and the people and the 7 MR. LINDBLOM: Thank you. 8 other development. I live across the street, and I 8 Gentleman on the outside? 9 think I may be less than 600 feet because all I have 9 MR. GOVIS: Good evening, my name is Adrian 10 separating me -- I don't have flood plain. I have 10 Govis. Thank you for the opportunity this evening. I 11 Eldamain Road separating me. 11 live at 4378 Eldamain Road which is the parcel of 12 You also referred to the development 12 property just to the south; and just to reiterate I 13 across the street which is 1,800 homes which is a 13 believe what Mr. Fberner said, you have said there is 14 pretty significant development, and I can't say I am 14 going to be a 600 feet -- at least a 600 foot boundary 15 real keen on that either, but these are things that 15 between the property owners. 16 happen. I don't have a lot of control over that. 16 Can we take it that we will also be 17 However, the space that is 17 given that 600 feet so that -- 18 designated adjacent to their property on Eldamain Road 18 MR. GAMRATH: You have to point out to 19 is open space. It is all going to be water retention. 19 me -- I am sorry -- you have to point out where you -- 20 There is nothing at least in their plans that I have 20 MR. GOviS: I own this piece of property. 21 seen so far up to their comrercial property that has 21 Okay. So you guys will swing this around and give us 22 any buildings on it of any kind especially residential. 22 the benefit of the 600 feet? 23 That is all basically to the west of our property which 23 MR. GAMRATH: The 600 foot reference is 24 we are pleased with that. So at least we don't have 24 specifically -- I can just tell you just to be clear so DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 24 25 1 that there is no misconception -- the 600 foot 1 there, paid premium on a lot, and am not very happy. 2 reference is with respect to the property directly to 2 That is all I have to say. 3 the east. 3 MR. LINDBLOM: Okay. Any other comments? 4 MR. GOVIS: So you will be building -- I 4 MR. FRISK: (Indicating.) 5 see you have even actually got an access road going 5 MR. LINDBLOM: Yes, sir. 6 into my property. 6 MR. FRISK: I am Keith Frisk and I live at 7 MR. GAMRATH: No. That is -- I will let 7 1705 Cottonwood Court which is actually up to the top 8 Marvin answer that question. 8 half. 9 MR. HUINKER: It is actually a proposal 9 Is there going to be any kind of 10 location for a lift station, a temporary lift station, 10 divide, dirt wall, with trees or anything or is it -- 11 for sanitary sewer. 11 in the back side of the green area or the park or 12 MR. GOVIS: Okay. Thank you. 12 anything so at least there is some visual buffer or 13 MR. LINDBLOM: is there anybody else that 13 not? Kind of like between the front of the subdivision 14 has -- 14 and 34 they have put up a dirt wall with grass on it 15 MR. GETSIN'ER: (Indicating.) 15 now and pine trees. At least there is a buffer. 16 MR. LINDBLOM: Yes, sir, over here. 16 MR. DE LAHR: There will be landscaping and 17 MR. =SIN=: Yes. My name is Frank 17 earth and berms around the buildings over there, yes. 18 Getsinger. I live at 1303 Willow Way. He was talking 18 MR. FRISK: Okay. Thank you. 19 about how you wouldn't be able to see this. I can sit 19 MR. LINDBIOM: Thank you. 20 on my back porch and look at flood lights at a storage 20 You had another question? 21 locker behind a ranch. So you can't tell me this isn't 21 MR. GOVIS: Yes, I was -- 22 going to be visible. 22 MR. LINDBLOM: Please come back forward. 23 I have also bought into the fact 23 MR. GOVIS: Adrian Govis, again. You just 24 that there is going to be single family homes over 24 said there would be an urban buffer. Is that what you DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 26 27 1 called it? 1 MR. GAMRATH: We have looked at that and 2 MR. DE LAHR: An earth and berm. 2 we'd be willing to explore that with you. To the 3 MR. GOVIS: An earth and berm. That will 3 extent that it is not shown on any current plans, we'd 4 be along -- we will be given that as well? 4 certainly be willing to address that certainly on the 5 MR. DE LAHR: It is just something around 5 south property. 6 the buildings as buildings are built. It is 6 MR. GOVIS: Also, as my wife pointed out 7 incorporated into the landscaping plans. 7 earlier, I think if you talk to Yorkville Police, we 8 MR. GOVIS: So you will be landscaping to 8 were called out several times to retrieve our animals 9 protect our land? You have said about landscaping. So 9 with our fences being broken down. 10 it won't be unsightly to the residents who paid the 10 You would put something else up 11 extra money to not look at that. 11 there more substantial than -- 12 Will we be given the same? 12 MR. GAMRATH: I guess I need to understand. 13 MR. GAMRATH: I want to make sure we give 13 Are the fences your fences? 14 you a proper response. 14 MR. GOVIS: They are our fences. 15 MR. HUINKER: In particular, you are 15 MR. GAMRATH: I mean, I guess we could look 16 talking about the southern boundary? 16 at that. 17 MR. GOVIS: Yes. 17 MR. GOVIS: We have high-tensile 18 MR. HUINKER: The only area that you can 18 cattle-grade fence which is electrified, but it was 19 actually do any filling would be in this area over 19 cut. Animals were all let out on several occasions 20 here. The remainder of this portion is flood plain. 20 which we obviously don't want to happen, again. 21 You can't fill in that area. That would be the only 21 So we would obviously like something 22 area for potential berming. 22 on your side to be put up to prevent that kind of thing 23 MR. GOVIS: So that is a yes? You will be 23 happening. 24 landscaping -- 24 MR. GAMRATH: I can't cartnit to that right DepoCcurt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 26 29 1 now. That is something that I wouldn't be in a 1 is going to be coming back to that creek. 2 position to commit to, but we'd be willing to look at 2 I just hope you realize by the way 3 that issue. 3 you want to back them in there, in the winter there is 4 I am not sure what was the reason 4 not a lot of open space. I hear the Park District is 5 for your fences being destroyed previously, we would be 5 caning over there to clean that creek. We are going to 6 metre than willing to at least consider that. 6 have headlights shining in our house with that plan 7 MR. GOVIS: Thank you. 7 where if you care up with something different where 8 MR. LINDBLOM: Okay. Going once? Going 8 they weren't backed in, where they would go the other 9 twice? Anybody else? 9 way. 10 MR. WILLIAMS: (Indicating.) 10 MR. GAMRATH: You are actually correct that 11 MR. LINDBLOM- Getting a comment under the 11 the berming wouldn't work in the flood plain area. 12 wire. 12 Correct we if I am wrong, but the berming would 13 MR. WILLIAMS: David Williams, 1307 Willow 13 actually be up against the building themselves. We 14 Way. 14 would back it off the building. 15 Just so I understand this, when you 15 MR. WILLIAMS: The berming wouldn't help us 16 talk about all the open space, back behind us this is 16 back there on Willow Way. 17 detention pond where part of the subdivision where we 17 MR. GAMRATH: No. 18 live is already coming in on this side where, in fact, 18 MR. LINDBLOM: Thank you. 19 the storm sewer comes right between my fence. A lot of 19 Anything else? 20 that is used for that purpose. 20 (No response.) 21 Over here I don't think you are 21 MR. LINDBLOM: Hearing none, I will declare 22 going to be able to put berming in through here because 22 this portion of the public hearing -- 23 as I understand you can't put any berm in there. You 23 MS. KRAMER: (Indicating.) 24 won't be able to landscape because all the flood plain 24 MR. LINDBLOM: I am sorry? DepoCourt Reporting Service (630) 983-0030 DepoCcurt Reporting Service (630) 983-0030 30 31 1 MS. KRAMER: If I could ask Mr. Schcppe a 1 MR. SCHOPPE: I believe it is considered by 2 couple of questions regarding the plan. 2 Yorkville as an arterial. 3 Mike, can you tell us briefly the 3 MS. KRAMER: Can you briefly describe for 4 adjacent zoning classifications in the area. 4 the public and the Plan Commission the arterial roads. 5 MR. SCHOPPE: The zoning classifications, 5 MR. SCHOPPE: It is an arterial road. An 6 the zoning classification on the east side as part of 6 arterial road is designed to gather traffic from 7 the east of this development is part of the Fax Hill 7 multiple communities and allow that traffic to move 8 PUD approved many years ago. 8 from community to community. It is much different from 9 North of this site, we have got 9 a road that is designed to carry traffic from a 10 commercial zoning on the north side of Route 34 which 10 subdivision to another subdivision that might be a 11 would be on the north side of that existing camiercial. 11 collector. 12 we have land that is west of that that is not currently 12 It is one of the more intense 13 yet annexed into the City. So that still has an 13 roadway systems. It is probably not as intense as a 14 agricultural zoning in Kendall County. 14 Route 34 or Route 47, but it will be the next level 15 west of the property is in the City 15 dawn from that type of roadway system. 16 of Plano. I know that is approved as a PUD for single 16 MS. KRAMER: And in your opinion, do you 17 family, multifamily and commercial designations. The 17 think the rezoning complies with the trended 18 limits of those zoning districts, we don't have that 18 development in the area? 19 information. 19 MR. SCHOPPE: Yes, it does, and the big 20 MS. KRAMER: And are you aware of the 20 difference here -- there has been some good points 21 classification on Eldamain Road, how it is classified 21 brought up about what was approved 10 years ago; but a 22 as a road? 22 lot of things have changed in those 10 years; and had 23 MR. SCHOPPE: The road classification? 23 those things been known 10 years ago, I think that this 24 MS. KRAMER: Correct. 24 plan -- the original Fox Hill plan may have looked Depocourt Reporting Service (630) 983-0030 DepoCcurt Reporting Service (630) 983-0030 32 33 1 different. 1 single-family property using a multifamily or a 2 Those things are that Eldamain Road 2 townhome piece of property in between as a transition. 3 is now planned to carry more traffic and be a larger 3 we have that in several areas throughout town. 4 road than it was 10 years ago. It's always been 4 MS. KRAMER: Mr. Chairmen, if I could just 5 planned to be a busy street, but now we know that there 5 address the issue of the protests filed by Mr. Williams 6 is plans to cross the river, the Fox River, with a 6 and the land owners and also the one received today by 7 bridge. There is plans to extend this road up to Sugar 7 Mr. Moulton. 8 Grove up to the southern portions of Kane County. That 8 Under the Illinois Municipal Code, 9 road has changed. It has elevated to that. That is 9 in order to file a legal objection, 20 percent of the 10 one change. 10 adjacent land owners are required to sign a petition, 11 Secondly, Plano has moved its 11 file it with the City Clerk and have that recorded. In 12 corporate boundary to the west, and now they have zoned 12 this case, when Mr. williamms filed his written protest, 13 commercial property adjacent to this. The boundaries 13 the City looked into it and determined -- it was 14 of that commercial property fall south of what the 14 determined that 20 percent of the adjacent land owners 15 existing B-3 zoning is. So with this zoning 15 or the land owners touching the actual rezoning of the 16 application, the B-3 zoning district on the Plano side 16 property have not filed an objection. 17 will align with the B-3 zoning district on the 17 So it does not constitute a legal 18 Yorkville side. That is a good thing to align those 18 objection; and just so you are aware, a legal objection 19 boundaries. So we have similar lane uses right across 19 when that is filed when it goes to vote with the City 20 the street from one another. 20 Council, a super majority will have to approve the 21 In our opinion, yes, this is an 21 project and set a simple majority. 22 appropriate land use for the property; and it is 22 In this case as it stands right now, 23 consistent with other zonings that the City has done 23 only a simmple majority will have to approve the 24 when we have commercial property adjacent to 24 rezoning. Both protests which have been received by DepoWurt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 34 35 1 the City will be in the record public hearing tonight. 1 M. GOVIS: Do you know haw long that time 2 So they are received. It just doesn't kick in that 2 would be? 3 super majority classification with the vote. 3 MS. KRAMER: Unfortunately I can't give you 4 MR. LINDBLOM: That has no affect on our 4 any legal advice. 5 decision because ours is a recommendation only. 5 MR. GOVIS: I have got my wallet. 6 MS. KRAMER: Yes. Plan Commission is a 6 MS. KRAMER: See how much is in it and then 7 recommmendory body whereas the City Council examines the 7 we will talk. 8 Plan Commission's reccmmendation and votes on the 8 You may want to consult with an 9 project. 9 attorney to get the steps so you are following the 10 MR. JONES: By the same token though, they 10 proper steps. 11 would have time after -- whatever we approve, they 11 MR. GOvLS: Thank you. 12 would have time to cone up with that legal objection 12 MS. KRAMER: You are quite welcome. 13 before it would come to a full vote. 13 MR. FUERNER: Can we ask what the time 14 MS. KRAMER: Correct. 14 limit is? I mean, you know, the notification for this 15 MR. LINDBLOM: Is there any other questions 15 change was not received what I would consider in a 16 procedurally or any other conrents on this? 16 timely fashion in order to organize a group to get 20 17 MR. GOVIS: (Indicating.) 17 percent of an objection. 18 MR. LINDBLOM: Yes, sir. 18 So I mean, you know, what kind of 19 MR. GOVIS: Thank you, again. 19 time frame are we looking at because if you get a 20 I couldn't quite hear what you said. 20 notice two weeks later at the meeting saying, well, you 21 MS. KRAMER: He asked if there was still 21 don't have 20 percent of the people, I don't think due 22 time before the City Council voted for -- if a 22 process has been served. 23 particular adjacent land owners filed a petition if it 23 MS. KRAMER: Again, you are going to want 24 was accepted by the City. 24 to consult with an attorney to get the proper steps DepoCourt Reporting Service (630) 983-0030 DepooDurt Reporting Service (630) 983-0030 36 37 1 down. 1 MAYOR PROCHASKA: Well, the earliest it 2 MR. LINDBLOM: Does anybody from the City 2 could be on the committee as a whole I believe is 3 know when this is scheduled for Council? 3 March 3, I believe is the first Tuesday in March, would 4 Art, do you know? 4 be the first date that it appears before the Council if 5 MAYOR PROCHASKA: Well, the normal steps 5 it made everything else in time; and as we are saying, 6 would be that they would go from here to the City's 6 that may not happen. 7 Economic Development Committee which I believe their 7 MR. JONES: We need to clarify that making 8 next meeting is next -- a the whole is just advising, not voting on it until the 9 MS. KRAMER: Next Thursday. 9 full Council meeting. 10 MAYOR PROCHASKA: Next Thursday which means 10 MAYOR PROCHASKA: It would be considered -- 11 they would miss a committee in the whole which means it 11 the earliest that it could actually be considered for a 12 would not go on agenda for the City until the full City 12 vote would be the second Tuesday of March. 13 Council at the very earliest March. 13 MR. LINDBLOM: Earliest it would be 14 MS. KRAMER: I believe with the holiday 14 considered for a vote, March 9. 15 Monday, the agendas are going to be sent early and 15 MR. WILLIAMS: David Williams. On my 16 packets are going to be distributed early. So I don't 16 petition I would say (inaudible) -- two-thirds majority 17 think it will be on the February EDC, but I am not 17 vote. I believe it is a petition that does bear 18 positive. 18 consideration. 19 MAYOR PROCHASKA: I am saying that would be 19 MS. KRAMER: That's correct, and I did 20 the normal steps. 20 indicate that. 21 MR. LINDBLOM: So would it be safe to say 21 MR. WILLIAMS: Also, I want to submit this. 22 here tonight for these purposes -- again, this is no 22 Paul Jones still owns this property out to right here. 23 legal advice, but it is probably going to be sommetine 23 40 percent of the people that signed that petition 24 after March 1. 24 bought up to his so we are contiguous with the creek. DepoCourt Reporting Service (630) 9B3-0030 DepoCourt Reporting Service (630) 983-0030 38 39 1 So this is all green space. So, therefore, we can't 1 MR. LINDBLOM: Are we repeating ourselves 2 butt up to the other property. I want you to be 2 now? If there is something new, I will entertain it, 3 aware -- 3 but I don't want to -- 4 MS. KRAMER: I am aware of that and that 4 MR. KANE: Just very quickly, Roger Kane, 5 was part of our investigation. I do have a copy for 5 1617 Cottonwood Trail. 6 this. 6 How was it determined who was 7 MR. WILLIAMS: I will still state that this 7 notified by registered mail and what constitutes 8 property I believe for that to be for the zoning to be 8 20 percent of what of the residents? 9 changed and granted by the Council to take -- 9 MS. KRAMER: The Illinois Municipal Code 10 (inaudible) -- I would just like this body to take into 10 with the rezoning requires that the land owners within 11 consideration although I know you can only make 11 500 feet of the rezoning be notified. You can either 12 recommendations to the Council. 12 do that by registered mail and publication or by 13 For the petition to be granted 13 publication. 14 reasonably return only under the current zoning -- in 14 It was published in the paper and 15 fact, they had 10 of the 37 lots sold last year in a 15 Mr. Dresden did provide the City with an affidavit that 16 month when they are going to be single family. I know 16 the land owners within 500 feet of the rezoning were 17 there are unique circumstances to this. So I just want 17 notified. 18 you to take that into consideration. 18 Additionally that is different than 19 MS. KRAMER: Mr. Williams, just so you are 19 the kicking in the super majority for a legal 20 aware also, your petition was received; and it will be 20 objection, but the legal objection you actually have to 21 part of the record. 21 own land around the rezoning and have it touch it. It 22 MR. WILLIAMS: Thank you. 22 is not the 500 feet for the rezoning. 23 MS. KRAMER: You are quite welcome. 23 MR. KANE: Thank you. 24 MR. KANE: (Indicating.) 24 MR. LINDBLOM: One last time, is there DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 40 41 1 anything else that has not been said here tonight? 1 of art; and what it encompasses is a number of things 2 (No response.) 2 including waste water treatment facilities, waste 3 MR. LINDBLOM: Hearing none, I will close 3 storage facilities, waste transfer stations, as well as 4 this part of the public hearing. 4 landfills. 5 Next on our agenda -- we are still 5 The significance of a pollution 6 in a public hearing. The next on our agenda was the 6 control facility under Illinois law is before anyone 7 pollution control. 7 can construct one of these types of facilities within a 8 Is there somebody here from Gardner, B municipality you must -- before you get your permit 9 Carton and Douglas? 9 from the Illinois EPA to construct such a facility, you 10 MR. WATSON: Yes, sir. 10 must first go to the municipality within which the 11 MR. LINDBLOM: I trust this is John Watson? 11 applicant seeks to construct this facility and get what 12 MR. wATSON: It is. Good evening, 12 is called the siting approval from that local 13 Mr. Chairman, Plan Commission members. 13 municipality. So no one in the State of Illinois is 14 I do apologize for my tardiness this 14 allowed to construct one of these facilities before 15 evening. For the record, my name is John Watson. I am 15 first going and getting siting approval from the 16 a partner at Gardner, Carton and Douglas, and I 16 municipality. 17 specialize in environmental law matters. 17 Under the Illinois Environmental 18 Our firm was retained by the City to 18 Protection Act, there is a section, Section 39.2, which 19 assist them in drafting what has been the pollution 19 outlines the kinds of information that needs to be 20 control facility siting ordinance, and that is what is 20 considered at such a siting approval process. It 21 being reviewed this evening as part of the public 21 includes things like evaluating need assessment, making 22 hearing. 22 sure that whatever this facility is going to be that 23 Under the Illinois Environmental 23 sufficient protections are in place to address all the 24 Protection Act, a pollution control facility is a term 24 public health issues, public safety issues, protection DepoCourt Reporting Service (630) 983-0030 DepoCcurt Reporting Service (630) 983-0030 42 43 1 of the environment, those kinds of things. 1 whether or not to site a pollution control facility 2 It also sets up under the Act a 2 within its municipal limits, again, you want to make 3 process whereby this is all part of the public hearing, 3 sure that any applicant that are coming in and seeking 4 and there is an opportunity for meaningful public 4 such approval are providing you with sufficient 5 cament. So, again, people are participating in this 5 information on, again, how this facility is going to be 6 process before one of these facilities is constructed 6 operated, what kinds of material are going to be 7 in a municipality. 7 managing and the kinds of volumes and the hairs of 8 While the act, again, sort of 8 operation, those kinds of details. 9 generally sets out what you need to do in order to get 9 You want to make sure that the 10 one of these pollution control facilities sited in the 10 facility is designed sufficiently so that, again, it 11 municipality, a number of other -- many municipalities 11 takes -- you are allowed to ensure protection of public 12 these days are seeking to develop their own ordinance 12 health and the environment; and some of the other 13 to control this process rather than relying on what 13 important considerations I think in this process is you 14 again is a more general presentation of the process as 14 want to make sure that there is a process set up such 15 set forth under the Illinois Environmental Protection 15 that there is consistency in the decision making. You 16 Act. 16 know, so everybody understands all applicants are on a 17 There are a number of reasons why 17 level playing field in terms of what they have to go 18 municipalities seek to do this. The most important 18 through in order to start one of these facilities such 19 reason is that it really allows a municipality to 19 that, again, there is consistency in the decision 20 control and manage the siting process; and, again, 20 making. Everyone knows what their obligations are when 21 there are a number of reasons why that is very 21 they are coming to the village, and it allows them -- 22 important; and many of them are obvious. 22 allows the village to support any decisions based on a 23 You know, again, if the municipality 23 very methodical and consistent process. 24 is developed -- is confronted with a decision as to 24 It also, again -- there is an Depocourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 44 45 1 obligation to provide for public hearings and public 1 There is also detailed information 2 corment, and you want to make sure that as a 2 regarding the proposed operation so that everybody is 3 municipality that you are providing your citizens with 3 comfortable with what you are going to be handling, 4 the opportunity to participate wholly in that process. 4 hours, those kinds of things. You know, you will see 5 Again, what we have tried to do with 5 and hear as well issues such as traffic control are 6 respect to this ordinance is to set out or develop a 6 included and imposing the burden on any potential 7 standard siting ordinance that is consistent with many 7 operators to make sure that they explain exactly what 8 of the municipal ordinances that exist in Illinois and 8 that potential impact might be with respect to some of 9 in the Chicago Metropolitan area to really capture, 9 these facilities and, again, other issues, details, 10 again, all of the elements of this siting process and 10 significant detail, about what kinds of environmental 11 make sure that the city of Yorkville really has control 11 controls would be in place to control any potential air 12 over that process and is doing it in an appropriate 12 emission, water discharges, those kinds of things to 13 way. 13 make sure, again, that you have appropriate controls in 14 I think to the extent that you have 14 place to protect the village and its residents as well 15 reviewed the ordinance, there are -- you will note in 15 as you will also see there is a fair amount of detail 16 the review that there are -- there is a fair amount of 16 with respect to public hearing process, how that works 17 detail in terms of describing some of the elements and, 17 and public co rnents and then ultimately who makes 18 again, like there is a fair amount of information that 18 decisions and a basis for appealing those decisions. 19 is sought with respect to who the applicants are. 19 one of the other important elements 20 Again, it provides you with the 20 of these local ordinances is they always provide for 21 assurance that you know who is caning into your city to 21 reimbursement of fees associated with this siting 22 start one of these facilities so that you know 22 process such that at the end of the day the village is 23 ultimately who you will be dealing with on a going 23 not changed with any expenses associated with reviewing 24 forward basis to the extent the siting is approved. 24 these applications and holding public hearings and DepoCcurt Reporting Service (630) 983-0030 DepoCcurt Reporting Service (630) 983-0030 46 47 1 rendering decisions as it relates to the 1 seeking approval to construct within your boundaries 2 appropriateness and the approval of these facilities. 2 but also at the same time you are ensuring that you are 3 Certainly our view is that there is 3 protecting your residents as well as part of that 4 a considerable amount of benefit associated with 4 process. 5 developing your own ordinance again to get control over 5 So that may be more than you wanted 6 the process. You know, I think that growing 6 to hear, but that is really the background as to what 7 comunities such as Yorkville the question really isn't 7 these facilities are, and I think the importance of 8 whether or not you will be confronted with a siting 8 really looking at this kind of an issue at this point 9 issue but really when that siting issue will cone 9 in the development process. 10 before the Plan Commission and before the City. 10 MR. LIDDBLOM: okay. Thank you. Questions 11 Importantly by -- and I think it is 11 for Mr. Watson? 12 important to understand this -- by adopting this 12 I have one, John. I understand that 13 ordinance it is not really, you know, the first step 13 I have not had legal training and so forth; but in 14 towards opening up the village towards siting of these 14 reading through this, I was trying to pick out what 15 facilities within your municipal limits. Again, 15 types of facilities this pertains to. 16 anybody has the right under state law to core in and 16 What is it -- the only thing I can 17 seek siting approval for one of these facilities 17 find in here for facility is the definition is a new 18 whether or not you have an ordinance or not, and the 18 pollution control facility as defined in the act. That 19 only question is whether or not by putting this 19 didn't tell me anything. 20 ordinance together, you know, are you creating a 20 Again, I am not criticizing the 21 greater opportunity for the City to really control that 21 legal work done on this. I am just wondering for 22 process, to manage the issues, and to make sure that 22 clarification, somebody reading this, what does it 23 not only are you maximizing the benefits of potential 23 pertain to? Probably a landfill, I imagine a water 24 opportunities as these facilities are coming and 24 treatment facility. I don't know. DepoCcurt Reporting Service (630) 983-0030 DepoCcurt Reporting Service (630) 983-0030 48 49 1 MR. WATSON: Yes. Basically the definition 1 be. I mean, to the extent that the village wanted to 2 under the act is pretty specific in terms of what it 2 consider expanding an ordinance to include some of 3 includes within the definition, and it does include 3 those types of operations, again, there is nothing that 4 again sewage treatment plants to be constructed -- 4 would prohibit you from making your ordinance more 5 MR. KUBALA: If I can interrupt you, just 5 burdensome than what was required by the state; but 6 to get straight to the point, the act is referring to 6 typically these types of ordinances really have been 7 Title 39 of the Illinois Code; and that lists on 7 confined to the pollution control facilities that are 8 infinitum every type of facility you can imagine that 8 really covered by the act because that -- again, the 9 is related to pollution. 9 act dictates a real process that relates -- an 10 MR. WATSON: Correct. Now, there are some 10 extensive process that relates to these specific 11 significant exclusions however such as what does not 11 facilities, and that is where municipalities have 12 require siting or things like cohost facilities, tire 12 sought it appropriate to take it on themselves and 13 recycling facilities, certain used oil recycling 13 really establish their own procedures, but that 14 operations. 14 certainly could be considered. 15 So I mean, there are some sort of 15 MR. DAVIS: Okay. 16 waste management type of facilities that would not 16 MR. LINDBLOM: Kerry, do you have -- 17 require siting. It is waste transfer stations and 17 MR. GREEN: Just to clarify, any time a 18 landfills obviously as well as some of the waste water 18 facility would or someone would approach us about a 19 treatment facilities. 19 facility, they would have to come through a public 20 MR. LINDBLOM: Are there questions or 20 hearing type of a thing and stuff? Is that what you 21 convents for the public? 21 are saying? 22 MR. DAVIS: Is that going to be addressed 22 MR. WATSON: That's correct. 23 then that is not cited in that code? 23 MR. GREEN: Okay. 24 MR. WATSON: You know, certainly it could 24 MR. JONES: I have got a question. If we DepoCcurt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 50 51 1 make it more burdensome, will whoever wants to come in 1 item public health and safety wise to have it in place. 2 be able to sue the City and say it is being more 2 MR. JONES: You know what I mean though? 3 restrictive than the state? 3 MS. KRAMER: Competition-wise if 4 MR. WATSON: No. Municipalities are free 4 somebody -- 5 to -- well, with respect to issues such as compost 5 MR. JONES: if somebody would come and say, 6 facilities and other -- there may be some issues and I 6 listen, your statutes are too restrictive, mere 7 would defer to Attorney Kramer as it relates to some of 7 restrictive than the state; and we only have to comply 8 those sorts of local issues; but certainly as it 8 with the state. 9 relates to defining the elements of a -- expanding on 9 MS. KRAMER: No. 10 the requirements of the act as it relates to regulating 10 MR. JONES: Okay. 11 pollution control facilities by doing things like in 11 MR. LINDBLOM: Anything else? 12 this ordinance which is requesting more information 12 MR. nmAIA: It would be my opinion that it 13 from an applicant than what would be necessarily 13 would be best to have a simply structured paragraph 14 required under the act itself, you certainly -- 14 that said things like tire recycling, collection of 15 Municipalities are free to develop their own procedures 15 yard waste or composting and some of the other 16 to govern that siting approval process. 16 exclusionary items of Title 39 pollution control 17 MR. JONES: And would be legally enforced? 17 facilities be said in there in such a manner that 18 MR. WATSON: Correct. 18 simply stated similar requirements would be in place, 19 MS. KRAMER: That's correct and also just 19 not anything any different or anything in any conflict. 20 so you know, the County has looked at doing something 20 Similar requirements would be in place for that 21 sort of like this -- 21 category of facility so that you are covered from a 22 MR. JONES: You see what I mean. 22 multiple number of aspects that are omitted from the 23 MS. KRAMER: -- to cover the 23 act itself. 24 non-incorporated areas. It is actually a very good 24 MR. SCHILLINGER: What if you DepoCOUrt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 52 53 1 unintentionally miss one? Aren't you leaving it kind 1 significant additional public hearings, I think that is 2 of vague? 2 the agreement that was reached. So that would be our 3 MR. KUBAIA: No. I think if you 3 expectation is that the development of the ordinance 4 specifically include as many as you can, if you miss 4 will cost the City $2,500. 5 one, tough break; but what you have then is a specific 5 MR. LINDBLOM: Okay. I will ask one more 6 notification to any applicant you are going to be 6 time. Any other comments from the public? 7 required to do this if you want to have one of these in 7 (No response.) 8 our planning area. 8 MR. LINDBLOM: Hearing none, thank you, 9 MS. LUCIETTO: If you write that properly, 9 Mr. Watson; and at this time, could I entertain a 10 you are giving examples rather than specific instances; 10 motion to close all public hearings? 11 and it can be taken that way. 11 MR. nmALA: So Moved. 12 MR. WATSON: Yes. Certainly construction 12 MR. JONES: Second. 13 is something that is general enough but by way of 13 MR. LINDBLOM: So moved and seconded. Any 14 example would help explain what the intent of the 14 further discussion on the motion? 15 ordinance is. 15 (NO response.) 16 MR. LINDBLOM: Any other questions? 16 MR. LINDBLOM: Hearing none, all those in 17 MS. ADAMS: Just out of curiosity, tow much 17 favor signify by saying aye. 18 has this cost the City so far, your leg work? 18 (Whereupon there were a 19 MR. WATSON: We have agreed to cap our fees 19 course of ayes.) 20 as it relates to the development of this ordinance. 20 MR. CROUCH: Point of clarification, we 21 MS. ADAMS: Right which is stated in your 21 don't have to deal with the eastern bridge crossing? 22 letter, around $10,000 or something? 22 MR. LINDBLOM- That is coming up. 23 MR. WATSON: No. I think the agreement is 23 MR. CROUCH: In a public hearing? 24 $2,500 for the development of the ordinance; and absent 24 MR. LINEBLOM: No, not in a public hearing. DepoCourt Reporting Service (630) 983-0030 DepoCcurt Reporting Service (630) 983-0030 54 55 1 That and the transportation study are both under 1 STATE OF ILLINOIS ) ) SS. 2 presentations. 2 CUUNTY OF ITT• ) 3 MR. CROUCH: That is fine. 3 1, Nicola Gengler, C.S.R., No. 84-3780, do 4 MR. LINMLOM: Okay. The public hearing 4 hereby certify that the proceedings had in the 5 has now been caTleted. Thank you everybody for your 5 above-entitled cause were recorded stenographically by 6 time. You are certainly welcome to stay for further 6 me and reduced to typewriting via carputer-aided 7 discussions. 7 transcription under my personal direction; and that the 8 (whereupon proceedings were 8 foregoing is a true and correct transcript of the 9 had which are not herein 9 proceedings had at the time and place previously 10 transcribed.) 10 specified. 11 * * * * * 11 IN WITNESS WHEREOF I have hereunto set my 12 12 hand this 18th day of February, 2004. 13 13 ✓J� 1 J 14 14 / i. a g er, 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030 YORK211.TXT Page 1 -------------------------- -------------------------- 32:20 becoming 21:7 $ 8 answer 14:6; 20:17; 24:8 behalf 2:17 -------------------------- -------------------------- antagonist 17:8 behind 5:19; 19:10; 20:2; $2,500 52:24 8 20;1 ANTON 2:20.5 24:21; 28:16 -------------------------- Boo 1:15 anybody 3:7,16; 18:12; believe 8:13; 17:9; 18:5; 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17:11,17; thing 14:11; 27:22; 32:18; 42:2,15; 46:16; 48:2; whereby 42:3 YORX2ll.TXT Page 7 WHEREOF 55:11 I I I I Whereupon 3:1,10; 4:8; I I I 53:18; 54:8 whether 43:1; 46:8,18,19 I I I I whoever 50:1 whole 36:11; 37:2,8 I I I I wholly 44:4 widening 9:13; 21:20,22 wider 19:1 I I I I wife 17:13; 27:6 I I will 4:1,13; 5:15; 6:5,20; 7:1,3; 8:15; 9:3,16; I I 10:19; 11:14; 12:24; I I 14:6,7,17; 15:13,14; 16:22; 20:6; 21:1,2,3,5, I I I 10; 23:16,21; 24:4,7; 25:16; 26:3,4,8,12,23; 29:21; 31:14; 32:17; I I I 33:20,23; 34:1; 35:7; 36:17; 38:7,20; 39:2; I I I I 40:3; 44:15,23; 45:4,15; I I I I 46:8,9; 50:1; 53:4,5 WILLIAMS 16:15,17; 28:10, I 13; 29:15; 33:5,12; 37:15,21; 38:7,19,22 willing 17:16; 27:2,4; I I I I 28:2,6 I Willow 16:18; 24:18; I I 28:13; 29:16 I I I winter 29:3 I I wire 28:12 I I I I wise 51:1 I wishes 3:17 I I I within 10:13; 18:6; 39:10, I I 16; 41:7,10; 43:2; 46:15; I I 47:1; 48:3 I WITNESS 55:11 I I I I wonderful 17:10 I I I wondering 47:21 I I wooden 19:6 I I I work 12:11; 29:11; 47:21; I I 52:18 works 45:16 I I I I wound 12:12 I I I I write 52:9 I I I I written 33:12 I -------------------------- I I I I I Y I I I I I -------------------------- I I I yard 51:15 I I I year 38:15 years 9:7; 11:11,24; 17:8; 18:20; 19:3; 30:8; 31:21, 22,23; 32:4 I I I yield 11:1 I I I YORKVILLE 1:6.5,16; 2:16, j17.5; 4:15,17,19,23; I I I I 5:20; 11:3; 17:7,9; 27:7; I I 31:2; 32:18; 44:11; 46:7 I yourself 14:12 I I I -------------------------- I I I I I Z I I -------------------------- I zoned 32:12 I I I I zoning 9:3; 11:1; 15:2,16; 16:10,24; 17:20; 18:2,6, 17; 20:20; 30:4,5,6,10, 14,18; 32:15,16,17; 38:8, 14 I I zonings 16:8; 32:23 I I I -------------------------- I I I -------------------------- I I I I i I I I I _ 55:14 I I I I I � I Cnlou+_ i'!TY 6F YCVPK LE FEB 1 1 2004 'RECEIVED February 10, 2004 Ms.Jacquelyn Milschewski City Clerk United City of Yorkville City Hall 800 Game Farm Road Yorkville, Illinois 60560 Re: PC 2001-16 Rezoning Southeast Corner of Rte. 34 and Eldamain Road Dear Ms. Milschewski: We have received a Notice of Public Hearing regarding the rezoning of the property behind our home at 1701 Cottonwood Court in Yorkville from R-2 and B-3 to exclusively B-3. We are unable to attend the hearing due to an out of town business trip. Please enter into the record that we are opposed to this action for the following reasons: • When we bought our home from the developer(Mr. Dresden),we were told the area on the west side of Rob Roy Creek would be a park and residential area. • B-3 Service Business District will allow such uses as automotive sales and service, car washes, drive-in restaurants, kennels, mini-warehouse storage,truck sales and service, and building material sales. These land uses are not compatible with adjacent residential development due to early morning/late night automotive and truck traffic and noise, pollution and fumes, bright lights, exterior loud speakers, barking dogs and other incompatible results • When the Fox Hill Subdivision was developed, a recreational bridge was installed across Rob Roy Creek to connect the two residential areas and park. That plan and intent should not be allowed to be changed. • The B-3 Service Business District and its associated incompatible development will result in decreased property values for our property and make out home harder to sell due to the above mentioned negative issues. • The B-3 Service Business District will negate the rural"view"we have from the back of our home. Instead of trees, open fields, homes and landscaping,we will be subjected to bright glaring lights, 24-hour per day automotive and truck traffic,24-hour per day barking dogs, garbage trucks, litter, fumes, pollution, and other undesirable impacts. We request that our objection to this rezoning be entered into the record and that we be provided the opportunity to present our objections to decision-makers at a mutually agreeable date. Ms. Jacquelyn Milschewski Page 2 February 10, 2004 Sincerely, Stephen W. Moulton Ma ha S. Moulton 1701 Cottonwood Court 1701 Cottonwood Court We, the undersigned neighbors of the proposed rezoning also object to the proposed rezoning request. Name: ����* Name: Address: �6 1 °r �� © :� Address: Name: f Name: �Lj��� `��� • �L""� - r , Address:/G/j Address: Name: _ �`". _ Name: Address: _1. r� � i._: �:" Address: �G1/� �2l c� Name: j� G Cc? WW��r Name: Address: Address: t � Name: '� � a Name: Address: j 1 -5, ,�� ���� �.�� Address: Name: Name: Address: / i ,.E,t ;._, < r Address: 1 lS� C{i Ur✓�+✓r J✓� U!� �r Name: ������' �-- YY� Name: Address: l l,�M %�U 1'll.�` � Address: Name: Name: Address: Address: I,a1li��Q J Q 1)s® IhIgg '7 —:f"1 --7 1 n -,-I -N -V 4 t� w 3 �v-V(l , so 6E NoEj pd V' G�jeJ L,�y� eyA Cv � c�11%2 u Xev 6::�)v/s THE BRIDGE I. Despite the projected growth,another bridge about 2 miles east of#47 is not the best use of the city's money. a. 2 miles east of#47—there is talk and planning concerning the eventual importance of Rt.#126. What with so many students attending the 2 present schools on the south side of the river,I can see more traffie using this path more than a new bridge across the river b. 2.5 miles west of the Orchard Road Bridge(planners have talked about widening this bridge),which can carry traffic to Aurora and/or back to Yorkville. c. Not too long ago,downtown businesses were encouraged,with financial assistance from the City Council, to spruce up their buildings. What will happen to those who participated if#47 is used less than necessary to keep business in the historic area? Way too much emphasis,in my opinion, is being put on Menard's and the Countryside Parkway Commercial area. d. I am not against progress and development,but I think too much emphasis has been placed on the new businesses and,developers who seem to ask for more and more. e. Early on,the projected crossing for the bridge showed that it would cut into the Campground on its way to Van Emmon Road and eventually Rt.#71. I'm aware that several have had complaints about the campground over the years but, have any of you talked to people who drive out from Chicago and the suburbs, to spend a weekend or a week camping? They are so happy to find such a place close to home. E Quite a bit of work and planning would be necessary to make the intersection of Van Emmon and#71 safe. Also,I envision quite a few turning on Van Emmon to come west into Yorkville. There must be others like myself,who enjoy a road where trees and nature baven't been destroyed and where one can view the river. g. On the map(s),It appears that the bridge could possibly be built within 60+ feet of the Midwest Garden Center and four homes on what used to be called Brock Lane. Two of those homes would face the bridge;the other two face the river. What happens to that 60+ feet next to our road. Now,if the projected path to the bridge would turn northeast just beyond the Route 34 intersection,that would give us some comfort. But then,you would be between our road and the gray house(with acreage) to the northeast. Why not go farther east of the gray house.We all cherish the beauty and the wildlife and the gently flowing river. That's why we bought where we did. One can view squirrels, opossums,raccoons, ducks,bald eagles, blue jays, wrens, robins, cardinals, owls,pheasants and deer,to mention a few. If I was a morning person,the list would probably be longer. Olive Brock,who sold the house to us,originally wanted to donate the property to the Audubon Society. They feared there would be too much development in the years to come. h. Martin Hartman,who writes for the Beacon News,bas had some excellent articles recently concerning the future health of the Fox River. He quotes from a current song,which states "We don't know what we have until its Gone...." i. Let's not remove more of the wonderful natural resources we have in In Yorkville and Kendall County. Concept plans are already on the drawing for a road across the river at Eidamain. More wild life gone. And then,there's the Prairie Parkway. More wildlife,farms and country life gone. Z. Let's spend what funds are available on preserving and conserving what has ,been enjoyed and appreciated since the mid 18001x. Let's build more parks nd concentrate on the former Boy Scout Camp,with its wealth of opportunities. Let's get the library built,so we can serve our exploding population. Illinois citizens can now use any public library in the State of Illinois. If we don't offer a larger facility,with the newest technology, �Yorkville's residents will go elsewhere. Respectfully, Mary,honnas 8940C Rt.34 Yorkville,IL 60560 553-5003