Plan Commission Minutes 2004 07-14-04 Page 1 of 5
UNITED CITY OF YORKVILLE APPROVED
PLAN COMMISSION MEETING 8-11-04
YORKVILLE CITY HALL COUNCIL CHAMBERS
WEDNESDAY,JULY 14,2004
Chairman Tom Lindblom called the meeting to order at 7:04 p.m.
ROLL CALL
Members present: Kerry Green, Clarence Holdiman, Anne Lucietto, Bill Davis,Jack
Jones, Michael Crouch and Tom Lindblom.
A quorum was established.
VISITORS
Mayor Art Prochaska; City Attorney Dan Kramer; City Planner Mike Schoppe; and John
Whitehouse, Engineering Enterprises, Inc. Also, see attached sign-in sheet.
MINUTES
Minutes from the June 9, 2004 meeting were approved.
PUBLIC HEARINGS
1.PC 2004-04 Villas at the Preserves—Burnside Homes,petitioners,have filed an
application requesting annexation and rezoning from Kendall County A-1 Agricultural to
R-2 Duplex Two-family Residence Planned Unit Development.
See attached.
2. PC 2004-09 Richard Marker and Associates Inc and Hobson Hollow, Inc.,petitioners
have filed an application requesting rezoning B-3 Service Business District to B-3
Service Business District Special Use for a daycare/preschool.
See attached.
3. PC 2004-10 Cara Behrens,petitioner, has filed an application requesting rezoning
from R-2 One-family Residence District to B-2 General Business District.
See attached.
NEW BUSINESS
1. PC 2004-04 Villas at the Preserves
City Planner Mike Schoppe said the Plan Council met on the project and there also are
review memos from Schoppe Design Associates, Inc. and City Engineer Joe Wywrot
included in the Plan Commission packet.
In Schoppe's memo, he recommends a road connection be made to the commercial
property immediately east of the residential area. The developers would like the
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connection to be a 24-foot private drive. They would like to regulate traffic coming
through from the commercial area, he said. Making the road private is okay, Schoppe
said.
Because of the proposed 80-foot lot widths, Schoppe said it is important to take a closer
look at the driveways. The petitioners have included driveways in the landscape plan.
Schoppe said that even though those plans show driveways with a common line, he said
the city needs to make sure the geometrics work.
Schoppe also said it's important that the plan be developed as a PUD because of the
natural features on the property such as the existing trees. Schoppe suggests particular
attention be given to existing trees in the open space areas along the Route 71 right-of-
way.
Schoppe also said he will work through the request for 20-foot setbacks. He suggests in
his letter that the 20-foot setback along Harris Court should be 30 feet and that all other
building setbacks are acceptable.
Schoppe added that he'd also like to see how wetlands are incorporated into the overall
development.
Commissioner Kerry Green asked if the 24-foot private drive would be used all the time
and not only for emergencies and the answer was yes.
Commission Chairman Tom Lindblom asked how the developers would be assured the
road would be private. Schoppe said the road won't be platted over to the city. Also,he
said signs would be posted to identify that the road is a private drive.
Chris Lannert, with The Lannert Group, said the developer is okay with the comments
and suggestions from city staff.
Commissioner Jack Jones said he doesn't agree with allowing 20-foot setbacks. He said
that would put the homes too close to the roadway.
Lannert said he would like to document some of the potential benefits of the setbacks.
The 20-foot setbacks would save on pavement costs and provide more grass and open
space, he said. However, he said he would be willing to accept the staff recommendation
of 30 feet.
Overall, he said the project is designed to be and upscale duplex development aimed at
seniors.
Commissioner Michael Crouch asked if the developers have come up with a plan to
protect the existing trees on the property. Schoppe said the plans aren't clear yet. But,
he's assuming the developers will submit new plans showing vegetation.
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Jones made a motion to approve the annexation of PC 2004-04 Villas at the Preserve.
Crouch seconded the motion. The motion was unanimously approved in a roll call vote.
Kerry Green, Clarence Holdiman, Anne Lucietto, Bill Davis, Jack Jones, Michael Crouch
and Tom Lindblom voted yes.
Crouch then made a motion to approve the rezoning of PC 2004-04 from agricultural to
R-2 PUD. Lucietto seconded the motion. The motion was unanimously approved in a roll
call vote. Holdiman, Lucietto, Davis, Jones, Crouch, Green and Lindblom voted yes.
Lucietto made a motion to approve the preliminary plan for PC 2004-04 subject to staff
comments. Jones seconded the motion. The motion was unanimously approved in a roll
call vote. Lucietto, Davis, Jones, Crouch, Green, Holdiman and Lindblom voted yes.
2. PC 2004-09 Richard Marker and Associates,Inc. and Hobson Hollow,Inc.
John Whitehouse with Engineering Enterprises Inc. asked if the special use request
covered the whole 10-acres of the property. He then asked if that would allow the
petitioners to add on to the business if they so chose.
City Attorney Dan Kramer said the owners would be able to add on as long as they didn't
exceed any city ordinances.
Commissioner Bill Davis expressed concern over the number of parking spaces. Attorney
John Phillipchuck, representing the petitioners, said the 20 spots should be sufficient. He
said there would be 12 employees initially who would park in a separate parking area.
Commissioner Jack Jones said he doesn't have a problem with the concept or location.
But, he too,thinks more parking is necessary.
Phillipchuck said people dropping off their kids also could park in the employee area if
necessary. However, he didn't think there would be a problem with parking.
Petitioner Clayton Marker said they are in the bidding process of putting a full access
entry onto Route 34. He said there are two accesses now and the entry to Route 34 would
make a third. He said they have a 12,000 square foot daycare in Naperville with a similar
set up and said there haven't been any parking problems.
Green asked when the petitioner anticipated the daycare center to be at full capacity.
Shannon Lee, who would operate the daycare, said she expect it to take at least a year to
reach a 50 to 60 percent capacity and at least two years before it would come anywhere
full capacity.
For the first year, she would operate the daycare center as a daycare center with preschool
integrated. For the second year, she would attempt to fully incorporate the preschool.
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Lindblom said his wife runs a preschool and he is concerned about parking. Marker said
he doesn't anticipate a problem. However, he said if it is a problem,he could add more
parking.
Lindblom said the developers have been reputable developers in the community and that
he's willing to accept their word that they will add more parking if necessary.
Davis drew a map depicting a parking pattern for the building. See attached exhibit.
Crouch asked why the petitioners are asking for the whole parcel to be special use,but
only the one building will be used for a daycare. Marker because they haven't parceled
off where the other buildings will be yet, they had to ask for the special use for the entire
property.
Crouch made a motion to approve PC 2004-09 special use permit subject to plans drawn
on the attached map. Lucietto seconded the motion. The motion was unanimously
approved in a roll call vote. Davis, Jones, Crouch, Green, Holdiman, Lucietto and
Lindblom voted yes.
3. PC 2004-10 Cara Behrens
Lindblom said he's a little concern because the city has been burned in the past under this
zoning classification where it was told one thing, but another thing happened.
Attorney Gregg Ingemunson, representing petitioner Cara Behrens, said Behrens is a
lifelong Yorkville resident. The only reason why she is seeking B-2 zoning is so that if
she decided to sell the business in 15 or so years, she would be able to find a buyer for it.
Mayor Art Prochaska said that in a previous,but similar, request,the city drafted a
development agreement where a layout of the property was attached to the plat. If the
petitioners ever wanted to change the layout,they would have to come back to the city.
Ingemunson said he would have no problem agreeing to a similar development
agreement.
Crouch said his only other concern would that it would be difficult to get in and out of the
business because of where the property lies.
Green made a motion to approve rezoning of PC 2004-10 with the recommendation that a
development agreement be drafted between the city and the petitioner. Holdiman
seconded the motion. The motion was unanimously approved in a roll call vote. Jones,
Crouch, Green, Holdiman, Lucietto, Davis and Lindblom voted yes.
4. PC 2004-02 Cornerstone—Preliminary Plan/Final Plat
Jones made a motion to approve the preliminary plan/final plat for PC 2004-02 subject to
staff concerns. The motion was unanimously approved by a roll call vote. Crouch, Green,
Holdiman, Lucietto, Davis, Jones and Lindblom voted yes.
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Ingemunson,representing the petitioner, said all of the lots are 12,000 square feet and
added that the petitioner is willing to agree to all of the staff comments and concerns.
Schoppe said a few minor adjustments to the conservation easements are needed
otherwise everything looks fine. He added that Wywrot also recommend approval.
Additional Business
Mayor Prochaska said that in the last few months builders that have already had talks
with the city of Montgomery have approached Yorkville. He said the city doesn't want to
be put in the position of bargaining back and forth. He said he doesn't feel it's fair to
either city.
He said it's the policy of the city not to bargain with builders. Lindblom said that is an
admirable position to take.
Also under additional business, Jones said that with large developments coming in, it's
becoming harder for some of the local builders in town to get a piece of the pie. He
suggested requiring a certain percentage of each subdivision be open to local builders.
However, Kramer said legally the city cannot do something like that because it would be
a restraint on trade.
The meeting adjourned at 8:22 p.m.
Minutes respectfully submitted by Dina Gipe.
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STATE OF ILLINOIS )
SS .
COUNTY OF KENDALL )
PLAN COMMISSION MEETING
UNITED CITY OF YORKVILLE
REPORT OF PROCEEDINGS had at the meeting of
the above -entitled matter , taken before Lynette J .
Neal , C . S . R . , on July 14 , 2004 , at the hour of
7 : 00 p . m . , at 800 Game Farm Road , Yorkville ,
Illinois
D- 716804
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 PRESENT :
2 MR . THOMAS LINDBLOM, Chairman ;
3 MR . MICHAEL CROUCH ;
4 MR . JACK JONES ;
5 MR . KERRY GREEN ;
6 MS . ANNE LUCIETTO ;
7 MR . CLARENCE HOLDMAN ;
8 MR . BILL DAVIS ;
9 MR . MIKE SCHOPPE ;
10 MR . JOHN WHITEHOUSE , City Engineer ;
11 MS . DINA GIPE , minute taker ;
12
13 and
14
15 LAW OFFICES OF DANIEL J . KRAMER
1107A South Bridge Street
16 Yorkville , Illinois 60560
BY : MR . DANIEL J . KRAMER ,
17 appeared on behalf of the United
City of Yorkville .
18
19
20
21
22
23
24
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1 MR . LINDBLOM : We can go ahead and get
2 started . Okay . At this time I would like to call
3 the meeting to order . Roll call , please .
4 (Whereupon roll was called . )
5 MR . LINDBLOM : We do have quorum . I
6 take it everybody has had a chance to look at the
7 minutes from the last meeting . Are there any
8 additions or corrections? Hearing none , do I have
9 a motion to approve the minutes , please?
10 MR . GREEN : So moved .
11 MR . LINDBLOM : Moved by Green . Second?
12 MR . JONES : Second .
13 MR . LINDBLOM : Any questions on the
14 motion at all ? Hearing none , all those in favor
15 signify by saying aye .
16 (Whereupon there was a chorus
17 of ayes . )
18 MR . LINDBLOM : Opposed?
19 (Whereupon there was no
20 response . )
21 MR . LINDBLOM : At this time I would
22 entertain a motion to go to public hearing .
23 MR . GREEN : So moved .
24 MR . LINDBLOM : Moved by Green .
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1 MR . JONES : Second .
2 MR . LINDBLOM : Second Jones . Any
3 discussion on the motion? Hearing none , those in
4 favor signify by saying aye .
5 (Whereupon there was a chorus
6 of ayes . )
7 MR . LINDBLOM : Opposed?
8 (Whereupon there was no
9 response . )
10 MR . LINDBLOM : Okay . We are now in
11 public hearing . At this point I would have
12 anybody - - or all three parties that are here to
13 stand and raise your right hand .
14 (The members of the audience
15 were thereupon duly sworn . )
16 MR . LINDBLOM : Thank you . The first
17 public hearing is PC 2004 - 04 , Villas at the
18 Preserve , Burnside Homes . Petitioners have filed
19 an application with the United City of Yorkville ,
20 Kendall County, Illinois requesting annexation to
21 the United City of Yorkville and rezoning from
22 Kendall County A- 1 Agricultural the United City of
23 Yorkville R- 2 Duplex Two-Family Residence Planned
24 Unit Development . The real property consists of
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1 23 . 95 acres south of Route 71 and west of Route
2 47 , Kendall Township , Kendall County , Illinois .
3 Who is speaking for the petitioner?
4 MR . LANNERT : I will , Mr . Chairman . My
5 name is Chris Lannert . I am a planning
6 consultant . I ' m here this evening with Jeff Himan
7 to represent Gary Taylor who is the attorney who
8 will be assisting us with the owners association
9 and documentation . This is the preliminary plan
10 for R- 2 as a planned unit development , which is
11 the same piece of property that we were with you
12 on earlier in the year on a concept plan
13 approval . It is approximately 24 acres , as the
14 chairman described , south of 71 , west of 47 .
15 MR . LINDBLOM : Excuse me a second .
16 Let ' s make sure we can make a better arrangement
17 so the people behind can see it . We are getting
18 an easel .
19 THE WITNESS : I started to say the
20 property is south of Route 71 and just west of
21 Route 47 . It is adjacent to the Shell Oil Company
22 as well to the forest preserve . Sunflower Estates
23 is immediately across the street . We are
24 surrounded in terms of the business of B - 3
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1 classification zoning on the north as well as on
2 the west and then A- 1 , which is agricultural
3 within Kendall County , to the south of the forest
4 preserve , again to the west , and then A- 1
5 agricultural Kendall County to the northwest of us
6 also .
7 The site analysis , which we
8 described last time , is still pretty much the
9 same . We have a small piece of wetlands here , a
10 little bit of wetlands associated with our creek
11 as it flows through the property . As you can see
12 in this view it is along the Shell oil property .
13 This location is looking at our site . It is a
14 nice site , a woodlands on it that we ' ll be working
15 with staff to preserve and protect those woodlands
16 as well as the wetlands .
17 We have been in contact with the
18 Army Corp . , and they will be working with us in
19 terms of the restoration of this area . The
20 concept plan shows the development of 42 duplex
21 lots . It is - - this plan shows the building
22 configuration . This was the concept plan that we
23 showed before . It is the same 42 - lot
24 subdivision . We think that the benefit of this
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1 particular subdivision is the large amount of open
2 space along the frontage , the connectability of
3 the path , the protection of the drainage ways ,
4 and , most importantly, the significance of the
5 architecture which is the basis for our planned
6 unit development request .
7 As we stated last time , we have
8 gone a little bit further in terms of the
9 architecture . Each of the architectural
10 footprints have a garage , one of which will come
11 out to the side and one of which will come out to
12 the front . That gives us the opportunity to
13 center opposing driveways so that we don ' t have
14 driveways coming out , mirror images , which is
15 typical in most communities . This is an unique
16 approach for this particular project .
17 We have known architectural
18 examples of this project that have been built
19 successfully in Geneva and St . Charles . We have a
20 combination of units which are brick and units
21 which are cedar siding . We haven ' t made an
22 absolute division on that yet . We have a mixture
23 of cedar as well as brick materials for that
24 particular application . They are basically two-
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1 and three -bedroom ranch and two- story product
2 types . We have the unique opportunity in this
3 project to be able to - - we met with staff and
4 with a few minor issues in terms of connecting
5 this we are showing an access roadway here for
6 emergency vehicles . I think that was in your
7 request , Mr . Chairman , last time . We submitted it
8 in terms of our preliminary plans as an emergency
9 access in meeting with the staff , and in an
10 informal telephone conversation I had with
11 Mr . Hughes , we will be connecting this as a
12 roadway between our project as well as a
13 commercial project probably somewhere in the
14 neighborhood of connecting with the access road
15 into McDonald ' s off of 47 .
16 The staff recommended we do that in
17 order to give our residents a chance to get into
18 the commercial areas without having to get back
19 onto Route 47 since we already had the merge
20 access there , and we are sympathetic and will be
21 working with both staff as well as with Tom Hughes
22 to get that finalized in our plans . Other than
23 that , I think that the only thing that we are
24 nonconforming with in terms of the R- 2
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1 classification is rather than having a 100 - foot
2 wide lots we are suggesting 80 - foot wide lots . We
3 are still meeting the side -yard requirements . We
4 are showing 30 - foot front yard setbacks . We told
5 the staff we would work with them to obtain this
6 approval , the final approval , to try and reduce
7 that setback to 20 foot .
8 The basis of that request is that
9 the 30 - foot setback is from this blank garage wall
10 to the street . There is a 13 - foot setback between
11 our front - loaded garage and so in terms of the
12 driveway that goes straight into the street , we
13 have a 43 - foot long driveway . If we can - - and
14 it is both a setback issue as well as the
15 resolution of the public utilities - - Joe had a
16 question as to whether or not with the storm
17 sewer , sanitary sewer , whether we can have enough
18 setback off the right -of -way with our building so
19 we don ' t have a conflict . If we can resolve those
20 things , we would like to suggest that this be a
21 20 - foot setback which would make this a 33 - foot
22 driveway . And as you can see on this plan, in
23 every application we have ample room to be able to
24 do that . We are agreeing with the stormwater
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1 detention issues . We are resolving the wetland
2 issues . And other than that , I hate to admit it ,
3 we are complying with all the staff requirements .
4 Generally that ' s the presentation . Jeff , is there
5 anything else that you would like to add?
6 MR . HIMAN : No .
7 MR . LANNERT : Gary?
8 MR . TAYLOR : No .
9 MR . LANNERT : And we will answer
10 questions .
11 MR . LINDBLOM : Are there questions or
12 concerns from the public for Chris ? Hearing none ,
13 Chris , I thank you .
14 MR . LANNERT : Thank you .
15 MR . LINDBLOM : We will discuss this
16 further at the end of the other two public
17 hearings . Okay . The second item on the agenda
18 then is PC 2004 - 09 , Richard Marker Associates ,
19 Inc . , and Hobson Hollow , Inc . , petitioners have
20 filed an application with the United City of
21 Yorkville , Kendall County , Illinois requesting
22 rezoning from United City of Yorkville B - 3 Service
23 Business Direct to United City of Yorkville 2 - 3
24 Service Business District Special Use for a
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1 Daycare/ Preschool . The real property is located
2 at the southeast corner of McHugh Road and
3 Farmstead Drive , Yorkville , Kendall County ,
4 Illinois . Who is going to speak for the
5 petitioner? John?
6 MR . PHILLIPCHUCK : Good evening . John
7 Phillipchuck , the attorney , officed at 123 Water
8 Street , Naperville , Illinois . I am joined this
9 evening by Clayton Marker , who is with the Hobson
10 Hollow Group , the applicant , and also Shannon Lee
11 is with me . She will be the operator of the
12 Lighthouse Academy , which is a child daycare and
13 after- school enrichment program .
14 If you are familiar with the
15 property over at 708 East Veterans Parkway , it is
16 part of the original Heartland commercial area .
17 We have a building that we would like to occupy .
18 It is currently under construction .
19 This was a series of what we saw as
20 lighter office and other types of uses that would
21 be more daytime users that back up to the
22 residences in the subdivision . The underlying
23 zoning for the property is B - 3 , and under the
24 Yorkville zoning ordinance to have a daycare
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1 facility in the B - 3 district , we need to obtain a
2 special -use permit . So the building is being
3 designed such that there is 10 , 304 square feet .
4 The interior will be set up to accommodate the
5 daycare center . The site plan that you saw shows
6 the outside play area that ' s fenced . There is a
7 large berm that separates the commercial property
8 from the residential property . I think initially
9 it was designed or approved as a three - foot berm
10 but , in fact , it has been increased both with - -
11 the height of the berm is about six feet now and
12 they added a lot more evergreen landscaping .
13 There is about 50 evergreen plantings put on that
14 berm to help screen the buildings and uses from
15 the adjoining residential area .
16 The maximum number of children that
17 can ultimately be utilized in the facility is
18 183 . It covers children from the ages of six
19 weeks to six years , but then we have some
20 after- school enrichment programs also available .
21 Our hours of operation will be from 6 : 30 a . m . to
22 6 : 30 p . m . , Monday through Friday . The outside
23 play area would be enclosed with a black vinyl
24 clad chain- link fence and various types of play
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1 equipment suitable for various ages of children
2 within that . As you might tell by the ages that
3 we have described, actually our school would
4 provide a kindergarten facility . We have
5 20 parking spaces immediately in front of the
6 building . The way that this facility will
7 operate , because we have one large ownership and
8 Shannon will be running the building , we have
9 other areas that we would designate , like over
10 behind the building that Chicago Title is in ,
11 where employees would be able to park . We have
12 designed the center so that we have access parking
13 available .
14 Parents have to come in with their
15 children . They would park in the parking lot ,
16 bring the child in , and then they would be taken
17 by a staff member , they would go out and leave the
18 facility . Same thing for picking the children up ,
19 have to get out of their car , come into the
20 building , receive their child , and then leave the
21 premises . On the site plan you can see how our
22 access is currently . As we begin to develop our
23 center , you will notice that we will also have
24 another access , full access , onto Route 34 at the
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1 north end of the property, and then there will be
2 another right - in, right -out access to the west off
3 of McHugh . So as our center progresses additional
4 access points will be put in . All of the
5 utilities to be able to support the building are
6 already in place . The access drives that I not
7 only just described but are shown on the site
8 plan , some are in place , others will be
9 following .
10 The stormwater detention for the
11 building has all been accounted for as in the
12 Heartland Development . As you know, as the plan
13 commission is looking at the standards it must
14 make some findings with regard to special uses .
15 First of all , I know you have looked to see that
16 the use is not unreasonably detrimental to or
17 dangerous to public health , safety, or general
18 welfare . We think, in fact , it will be a quality
19 daycare center at this location and will be a
20 benefit to the citizens of Yorkville and those
21 that work in the City of Yorkville and has been
22 designed to minimize any detriment . The special
23 use will not be injurious to the use and enjoyment
24 of other properties . It is in a commercial area .
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1 The commercial area has been designed such so it
2 is buffered from the areas adjacent , single- family
3 residences , and the present quality of the
4 buildings that we are putting in there , we feel
5 there will be an increase in property value as a
6 result and certainly this use will not diminish
7 fair property value .
8 As to impeding the normal
9 development of surrounding properties , because ,
10 again, we are designing a business area and the
11 area is slated for business use , we feel it will
12 be a very compatible use , that adequate
13 utilities - - access and utilities are in place .
14 I indicated that it is part of the Heartland
15 subdivision , that these items have already been
16 put in the ground and are in place and operating ,
17 that ingress and egress is designed to minimize
18 traffic congestion . That was looked at when we
19 did the overall planned development for Heartland ,
20 and they have been designed accordingly and
21 previously approved by the city . And , finally,
22 that the use will otherwise conform with the
23 regulations of the district except as the planned
24 commission may modify, and we are not asking for
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1 any other exceptions . We are just asking for the
2 special use to allow this particular building to
3 be used for the daycare facility . So with that ,
4 we are happy to answer any questions that the
5 commission may have .
6 MR . LINDBLOM : Is there any questions
7 from the audience at all for Mr . Phillipchuck?
8 Hearing none , thank you , John .
9 MR . PHILLIPCHUCK : Thank you .
10 MR . LINDBLOM : Item 3 , PC 2004 - 10 Cara
11 Behrens , petitioner , has filed an application with
12 the United City of Yorkville , Kendall County,
13 Illinois , requesting rezoning from United City of
14 Yorkville R- 2 One Family Residence District to
15 United City of Yorkville B- 2 General Business
16 District . The real property is located at 801
17 North Bridge Street Yorkville , Kendall County,
18 Illinois . Greg?
19 MR . INGEMUNSON : Thank you , Sir . What
20 we would like to do is - -
21 MR . LINDBLOM : State your name for the
22 record .
23 MR . INGEMUNSON : Greg Ingemunson . What
24 we would like to do is rezone from R- 2 801 North
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1 Bridge Street . It is directly south of the new
2 office building , which is MidAmerican Title , and
3 east of - - I believe it is the Fox Valley Shopper
4 and a couple other business - related - - a tanning
5 salon , I believe . And to the south is Apple Tree
6 Court . That ' s where the residence is currently .
7 It is an R- 2 . We would like to go to B- 2 for a
8 travel service agency, and we don ' t have a site
9 plan . We are going to draft a site plan . We are
10 in the works of getting that done . What we
11 contemplate doing is adding ten parking spaces in
12 front of the building with one handicap spot .
13 That should accommodate the parking needs for the
14 area . There is not really too much to say, I
15 don ' t think , other than we would like to have a
16 favorable vote from R- 2 to B- 2 .
17 MR . LINDBLOM : Greg , we just handed out
18 the pseudo site plan .
19 MR . INGEMUNSON : Exactly . We are going
20 to have a more professional plan done probably in
21 the next week or two .
22 MR . LINDBLOM : Okay . Any questions or
23 comments for Greg?
24 MR . INGEMUNSON : Just to add , I ' ve
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1 talked to a few property owners in the area . No
2 one objected to and they all were in favor of our
3 petition .
4 MR . LINDBLOM : Okay . All right . With
5 that being said, do I have a motion to adjourn the
6 public hearings , please?
7 MR . HOLDMAN : So moved .
8 MS . LUCIETTO : Second .
9 MR . LINDBLOM : Any objection to closing
10 the public hearing? Hearing none , those in favor
11 signify by saying aye
12 (Whereupon there was a chorus of
13 ayes . )
14 MR . LINDBLOM : Opposed?
15 (Whereupon there was no
16 response . )
17 MR . LINDBLOM : Meeting of the public
18 hearing is now closed .
19 (Whereupon proceedings were had
20 which were not herein
21 transcribed . )
22 - - -
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DepoCourt Reporting Service ( 630 ) 983 - 0030
19
1 STATE OF ILLINOIS )
SS .
2 COUNTY OF DU PAGE )
3
4 I , Lynette J . Neal , C . S . R . No .
5 084 - 004363 , do hereby certify that the above
6 REPORT OF PROCEEDINGS , Pages 3 through 18 , was
7 recorded stenographically by me and reduced to
8 typewriting via computer-aided transcription under
9 my personal direction; and that the foregoing is a
10 true transcript of the REPORT OF PROCEEDINGS at
11 the time and place previously specified .
12 I further certify that I am not counsel
13 for nor in any way related to any of the parties
14 to this suit , nor am I in any way interested in
15 the outcome thereof .
16 IN WITNESS WHEREOF I have hereunto set
17 my hand this 6th day of August , 2004 .
18
19
20
21
22
23
24
DepoCourt Reporting Service ( 630 ) 983 - 0030
City of Yorkville - Hearing Multi-Page 084-004363 - entertain
July 14, 2004
A-1 [31 4:22 6:2,4 Army[i1 6:18 Charles[il 7:19
-0- a.m[il 12:21 arrangement[i] 5:16 Chicago[il 13:10 -D-
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14:5 associated fil 6:10 children[s] 12:16,18 dangerous[11 14:17
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10,304[il 12:3 above-entitled[il 1:10 association[i] 5:8 chorus[3] 3:16 4:5 18:12 DAVIS[11 2:8
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access[izl 8:5,9,14,20 August[i1 19:17 City[141 1:7 2:10,17 4:19 Daycare/Preschool[il
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14[11 1:11 accommodate[z] 12:4 aye[3l 3:15 4:4 18:11 clad[il 12:24 daytime[il 11:21
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buildings[21 12:14 15:4 8:14
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built[1l 7:18 consists[1] 4:24
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-6- ANNE[i1 2:6 Burnside[il 4:18 construction[11 11:18 driveways[z] 7:13,14
annexation[il 4:20
business[6] 5:24 10:23 consultant[i] 5:6
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applicant[il 11:10 -C- comer[il 11:2 -E-
-7_ application[51 4:19 Corp fil 6:18
C.S.R fzl 1:11 19:4 easel Eli 5:18
708[1] 11:15 7:24 9:23 10:20 16:11 corrections[11 3:8
71 [3l 5:1,14,20 approach[il 7:16 Car[ill 16: counsel[il 19:12 east s 11:15 1 17:3
7:00[11 1:12 approval[3] 5:13 9:6,6 Cara[il 16:10 County fill 1:3 4:20,22 egress[il 15:17
approve[il 3:9 cedar[zl 7:21,23 5:2 6:3,5 10:21 11:3 16:12 emergency[21 8:6,8
Center[61 7:13 12:5 13:12 16:17 19:2 employees[i] 13:11
-8- approved[zl 12:9 15:21 13:23 14:3,19 couple[il 17:4 enclosed[11 12:23
80-foot[il 9:2 architectural[zl 7:9,17 certainly[11 15:6 Court[il 17:6 end[zl 10:16 14:1
800[il 1:12 architecture[zl 7:5,9 Certify[z] 19:5,12 covers[il 12:18 Engineer p] 2:10
801 [z] 16:16,24 area pil 6:19 11:16 12:6 chain-link[il 12:24 creek[i] 6:10 enjoyment[il 14:23
12:15,2314:2415:1,10
15:11 17:14 18:1 chairman[41 2:2 5:4,14 CROUCH[1] 2:3 enrichment[z] 11:13
-A_ areas pl 8:18 13:9 15:2 8:7 12:20
chance[21 3:6 8:17 entertain fi] 3:22
DepoCourt Reporting Service Index Page 1
(630) 983-0030
City of Yorkville - Hearing Multi-Page TM equipment- point
July 14, 2004
equipment[1] 13:1 Green[s] 2:5 3:10,11,23 merge[11 8:19 onto[21 8:1913:24
Estates[1] 5:22 3:24 -J- met[11 8:3 open[1] 7:1
evening[31 5:611:6,9 Greg[41 16:18,23 17:17 J[41 1:10 2:15,16 19:4 MICHAEL[1] 2:3 operate[1] 13:7
evergreen[2] 12:12,13 17:23 JACK might[1] 2:4 MidAmerican[1] 17:2 operating[1] 15:16
everybody ground[11 15:16 t
ry y[11 3:6 Group[l] ]1:10 Jeff[z] 5:6 10:4 mi [ll 13:2 operation[i] 12:21
Exactly[1] 17:19 Joe[1] 9:15 MIKE[11 2:9 operator[t] 11:11
examples[11 7:18 _H- John[a] 2:10 11:5,6 16:8 minimize[21 14:22 opportunity[21 7:12 8:2
except[1] 15:23 joined[1] 11:8 15:17 Opposed[3] 3:18 4:7
exceptions[1] 16:1 hand[2] 4:13 19:17 Jones[a] 2:4 3:12 4:1,2 minor[1] 8:4 18:14
Excuse[1] 5:15 handed[1] 17:17 July[1] 1:11 minute[1] 2:11 Opposing[1] 7:13
handicap[1] 17:12 minutes[2] 3:7,9 order[2] 3:3 8:17
-F_ happy[1] 16:4 _K_ mirror[1] 7:14 ordinance[11 11:24
facility[6] 12:1,17 13:4 hate[1] 10:2 mixture[1] 7:22 Original[1] 11:16
Kendall
health[1] 14:17 1 4:20,22 3'
13:6,18 16:3 modify[1] 15:24 Otherwise[1] 15:22
5:2,2 6:3,5 5 1 10:221 11:3
fact[2] 12:10 14:18 hearing[ii] 3:8,14,22 4:3 16:12,17 Monday[11 12:22 outcome[1] 19:15
fair[1] 15:7 4:11,1710:1216:818:]0 KERRY[11 2:5 most[21 7:4,15 Outside[21 12:6,22
familiar[1] 11:14 kindergarten[1] 13:4
18:10,18 motion[s] 3:9,14,22 4:3 overall[1] 15:19
[1] 7:17
hearings[2] 10:17 18:6 18:5
Family[1] 16:14 known Owners[2] 5:8 18:1
[ ] , , ,
Farm[1] 1:12 Heartland[a] 11:16 KRAMER[z] 2:15,16 moved[5) 3:10112324 ownership[1] 13:7
14:12 15:14,19
18:7
Farmstead[1] 11:3 height[1] 12:11 _ MS[3] 2:6,11 18:8
favor[a] 3:14 4:4 18:2 help[1] 12:14 -I' must[1] 14:13
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fence] 12:3,11 hereunto[1] 19:16 10:14 Pages[1] 19:6
fence[1] 12:24 name[2] 5:5 16:21
Himan[2] 5:6 10:6 large[3] 7:1 12:7 13:7 Parents[1] 13:14
fenced[1] 12:6 Hobson[2] 10:19 11:9 last[41 3:7 6:8 7:7 8:7 Naperville[1 4 park[2] 13:11,15
few[z] 8:4 18:1 LAW[1] 2:15 Neal[z] ]:]] 19:4
HOLDMAN[2] 2:7 parking[s] 13:5,12,15
filed[3] 4:18 10:20 16:11 18:7 leave[2] 13:17,20 need[1] 117 17:11,13
final[1] 9:6 Hollow[2] 10:19 11:10 Lee[1] 11:10 needs[1] 17:13 Parkway[1] 11:15
finalized[1] 8:22 Homes[1] 4:18 lighter[1] 11:20 neighborhood[1] 8:14 part[2] 11:16 15:14
finally[1] 15:21 hour[1] i m Lighthouse[1] 11:12 new[1] 17:1 particular[a] 7:1,16,24
findings[1] 14:14 hours[1] 12:21 LINDBLOM[241 2:2 next[1] 17:21 16:2
first[2] 4:16 14:15 Hughes[2] 8:11,21 3:1,5,11,13,18,21,24 4:2 nice[1] 6:14 parties[2] 4:12 19:13
flows[11 6:11 4:7,10,16 5:15 10:11,15 nonconforming[1] path[1] 7:3
following[1] 14:9 _I_ 16:6,10,21 17:17,22 18:4 8:24 PC[3] 4:17 10:18 16:]0
17
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foot[1] 9:7 people[1] 5:17
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foregoing[1] 19:9 16:13,1819:1 location[6 6:]314:19 nor[z] [il 114 personal[I] 19:9
look[1] 3:6 normal[1] 15:8
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Fox[1] 17:3 immediate) [z] 5:23 looked[z] 14:15 15:18 north[a] 6:1 14:1 16:17 petitioner[3] 5:3 11:5
Friday[1] 12:22 lookin z 16:24 16:11
13:5 looking[21 1 6:13 14:]3 northwest[1] 6:5
impeding lots[3] 6:21 9:2,2
front[a] 7:12 9:4 13:5 P g[1] 15:8 petitioners[2] 4:18
LUCIETTO[2] 2:6 notice[11 13:23 10:19
17:12 importantly 7:4 18:8 now[3] 4:10 12:11 18:18 Philli chuck[a] 11:6,7
frontage[1] 7:2 increase[1] 15:5
front-loaded[i] 9:1] Inc[2] 10:19,19 9 Phillip chuck
[2] 1:10 19:4 number[1] 12:16 16:7;
full[1] 13:24 increased[1] 12:10 _M_ picking[1] 13:18
indicated[1] 15:14 -O- piece[2] 5:11 6:9-G- informal[11 8:10 Marker[z1 10:18 11:9 objected[1] 18:2 P lace[s] 14:6,815:13,16
materials[1] 7:23 Objection[1] 18:9 19:11
Game[1] 1:12 Ingemunson[s] 16:19 objection [1s] 1:6 5:9,12 6:20
garage[3] 7:10 9:9,11 16:23,23 17:19,24 matter[i] 1:10 obtain[2] 9:5 12:1 plan[2 9: : 5:9, 13:21
ingress[1] 15:17 maximum[1] 12:16 occupy[1] 11:17 14:8,12 17:9,9,18,20
Gary[2] 5:7 4:1 injurious[1] 14:23 may[21 15:24 16:5 off[3] 8:15 9:18 14:2
general[2] 14:17 16:15 � planned[s] 4:23 5:10 7:5
Generally[1] 10:4 interested[1] 19:14 McDonald's[1] 8:15 office[z] 11:20 17:2 15:19,23
Geneva[1] 7:19 interior[1] 12:4 McHugh[21 11:2 14:3 officed[1] 11:7 planning[1] 5:5
GIPE[1] 2:11 issue[1] 9:14 meeting[7] 1:6,9 3:3,7 OFFICES[1] 2:15 plans[2] 8:8,22
issues 3 plantings[ ] 8:4 10:1,2 8:9 9:3 18:17 Oil[2] 5:21 6:12 antn s[1] 12:13
goes[1] 9:12 member 17[1] 13: 7:10,11 P g
gone[1] 7:8 item[21 10:17 16:10 one[6] 13:7 16:14 play[3] 12:6,23,24
Good[1] 11:6
items[1] 15:15 members[1] 4:14 17:12 18:2 point[1] 4:11
DepoCourt Reporting Service Index Page 2
(630) 983-0030
City of Yorkville - Hearing Multi-Pager`"` points - zoning
July 14, 2004
points[11 14:4 represent pi 5:7 showing[zl 8:5 9:4 sympathetic[1] 8:20
preliminary[zl 5:9 8:8 request[31 7:6 8:7 9:8 shown[i] 14:7 _V_
premises[i] 13:21 requesting[31 4:20 shows[3] 6:20,21 12:5 -T- Valley[i1 17:3
resent[z1 2:1 15:3 10:21 16:13 side[i1 7:11
P taker[il 2:11 value[zl 15:5,7
presentation[11 10:4 requirements 3[z1 9: side-yard[il 9:3
P Y tanning[1] 17:4 various[21 12:24 13:1
preserve[4] 4:18 5:22 10:3 siding[1] 7:21 Taylor[2] 5:7 10:8 vehicles[1] 8:6
6:4,15 residence[3l 4:23 16:14 significance 7:4
pretty[il 6:8 17:6 � cance[11 telephone[il 8:10 Veterans[il 11:15
residences[2] 11:22 Signify[31 3:15 4:4 18:11 ten[i] 17:11 via[i] 19:8
Previously[zl 15:21 15:3 single-family[il 15:2 tee U] 5:24 6:19 7:8 view[11 6:12
19:11 residential[zl 12:8,15 site[91 6:7,13,14 12:5 8:4,8,24 9:11 Villas[11 4:17
proceedings[al 1:9 residents[�l 8:17 13:21 14:7 17:8,9,18 thank[61 4:16 10:13,14 vinyl[i] 12:23
18:19 19:6,10 Y
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product[il 8:1 resolution[il 9:15 vote[i] 17:16
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program[ll 11:13 resolving[i] 10:1 -W-
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18:16 south[71 2:15 5:1,14,20 three[1] 4:12
progresses[il 14:3 6:3 17:1,5 three-bedroom[il 8:1 water[1] 11:7
restoration[11 6:19
project[sl 7:16,18 8:3 southeast[11 11:2 ways[il 7:3
8:12,13 result[1] 15:6 three-foot[i1 12:9 Space[il 7:2 week[11 17:21
Properties[zl 14:24 15:9 rezone[i] 16:24 P through[31 6:11 12:22
property[151 4:24 5:11 rezoning[3] 4:21 10:22 spaces[21 13:5 17:11 19:6 weeks[11 12:19
5:20 6:11,12 11:1,15,23 16:13 speak[il 11:4 Title[21 13:10 17:2 welfare[1] 14:18
12:7,8 14:1 15:5,7 16:16 Richard[11 10:18 speaking[il 5:3 Tom[11 8:21 west[6] 5:1,14,20 6:2,4
18:1 right[zl 4:13 18:4 special[4] 10:24 14:14 too[11 17:14 14:2
protect[1] 6:15 right-in[11 14:2 14:22 16:2 Township[1] 5:2 wetland[i] 10:1
protection[11 7:3 right-of-way[i] 9:18 special-use[il 12:2 traffic[11 15:18 wetlands[31 6:9,10,16
provide pi 13:4 right-out[11 14:2 specified[i1 19:11 transcribed[il 18:21 WHEREOF[i1 19:16
pseudo pi 17:18 road[3] 1:12 8:14 11:2 spot[11 17:12 transcript[il 19:10 WHITEHOUSE[11
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9:15 10:12,16 14:17 18:6 roll[21 3:3,4 SS[2] 1:2 19:1 travel[1] 17:8 wide[zl 9:2,2
18:10,17 room[l] 9:23 St[1] 7:19 Tree pi 17:5 within[2] 6:3 13:2
put[31 12:13 14:4 15:16 Route b
staff[a] 6:15 8:3,9,16,21 true[i
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13:24 stand[tl 4:13 try[11 9:6 19:16
running[11 13:8 two[31 7:24 10:16 17:21 woodlands[zl 6:14,15
started 3:2 5:19
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quality[z] 14:18 15:3 _S_ [zl two-story[il 8:1
questions[61 3:13 10:10 safety[il 14:17 State[3l 1:2 16:21 19:1 types[31 8:2 11:20 12:24 _Y_
10:11 16:4,6 17:22 salon[il 17:5 stenographically[i] typewriting[i] 19:8
quorum[i] 3:5 yp g[
19:7 yard[il 9:4
saw[zl 11:19 12:5
sanitary[il 9:17 still[21 6:8 9:3 typical[11 7:15 year[i] 5:12
-R- storm[i] 9:16 years[il 12:19
R-2 U1 4:23 5:10 8:24 school[il 13:3 stormwater[21 9:24 yet[1] 7:22
16:14,24 17:7,16 SCHOPPE[il 2:9 14:10 ultimately[11 12:17 Yorkville pal 1:7,12
screen[11 12:14 straight[1l 9:12 under[31 11:18,23 19:8 2:16,17 4:19,21,23 10:21
raise [i 4:13 10:22,23 11:3,24 14:20
ranch[i1 8:1 second[71 3:11,12 4:1,2 street[7] 2:15 5:23 9:10 underlying[i] 11:22
rather[i] 9:1 5:1510:1718:8 9:1211:816:1717:1 unique[21 7:158:2 14:2116:12,14,15,17
real[3l 4:24 11:1 16:16 see[51 5:17 6:11 9:22 subdivision[41 6:24 7:1 unit[31 4:24 5:10 7:6
13:21 14:15 11:22 15:15 _Z_
really[i1 17:14 se crates[il 12:7 submitted[il 8:7 United[111 1:7 2:17 4:19
P 4:21,22 10:20,22,23 16:12 zoning[31 6:1 11:23,24
receive[11 13:20 series[11 11:19 successfully[il 7:19 16:13,15
recommended[11 8:16 service[31 10:22,24 17:8 such[z] 12:3 15:1 units[z] 7:20,20
record[i1 16:22 set[z] 12:4 19:16 suggest[il 9:20 unreasonably[il 14:16
recorded[11 19:7 setback[61 9:7,9,10,14 suggesting[1] 9:2 up[31 11:21 12:4 13:18
reduce[il 9:6 9:18,21 suit[11 19:14 used[i1 16:3
reduced[i] 19:7 setbacks[11 9:4 suitable[i] 13:1 users[i] 11:21
regard[1] 14:14 sewer[21 9:17,17 Sunflower pl 5:22 uses[31 11:20 12:14
regulations[il 15:23 Shannon[z] 11:10 13:8 support[11 14:5 14:14
related pi 19:13 Shell[z] 5:21 6:12 surrounded[11 5:24 utilities[41 9:15 14:5
REPORT[31 1:9 19:6 Shopper[i] 17:3 surrounding[i1 15:9 15:13,13
19:10 showed[1] 6:23 sworn[il 4:15
utilized[11 12:17
DepoCourt Reporting Service Index Page 3
(630) 983-0030
PC 2004-09 HEARTLAND CENTER
FINAL ENGINEERING PLANS AND SPECIFICATIONS Richard Marker Assoc. Special Use
P.Comm: 7/14/04
FOR COW: 7/20/04 CC: 7/27/04
W A R N I N G PROFESSIONAL BUILDING NO. 2
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