Loading...
Plan Commission Minutes 2004 08-11-04 Pagel of 3 APPROVED 9/8/04 UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY HALL COUNCIL CHAMBERS WEDNESDAY,AUGUST 11,2004 Chairman Tom Lindblom called the meeting to order at 7:03 p.m. ROLL CALL Members present: Clarence Holdiman, Ann Lucietto, Sandra Adams, Brian Schillinger, Jack Jones, Michael Crouch and Tom Lindblom. A quorum was established. VISITORS Mayor Art Prochaska; Alderman Richard Sticka; City Administrator Tony Graff; City Planner Mike Schoppe; Lynn Dubajic, Yorkville Economic Development Corporation; Maryalice Lundquist; Bonnie Hagerty; Peggy Miller;Paul Miller; Shawn Domark; Marvin DeLahr; Bob Gamrath; Pete Huinker; David Schultz; Dan Waitt, Beacon News; Kristine Liptrot;Richard Scheffrahn;Ed Peterson; John Wyath; and Christopher Kopecky. MINUTES Minutes from the June 23, 2004 joint Plan Commission and City Council meeting were approved. Minutes from the July 14, 2004 Plan Commission were approved. PUBLIC HEARINGS 1. PC 2004-14 Swanson Lane Estates: Gordon and Marcia Swanson,petitioners, have filed an application with the United City of Yorkville requesting annexation and rezoning from Kendall County A-1 Agricultural and R-3 One-Family Residence District to the Estate Class One-Family Residence Planned Unit Development. See attached. NEW BUSINESS 1. PC 2004-14 Swanson Lane Estates Commissioner Anne Lucietto said the only issues up for consideration at this time are annexation and zoning. All of the other issues mentioned at the public hearing are to be addressed later. Lucietto made a motion to recommend approval of annexation for PC 2004-14. Commissioner Sandra Adams seconded the motion. The motion was unanimously approved in a roll call vote. Clarence Holdiman, Anne Lucietto, Sandra Adams, Brian Schillinger, Jack Jones, Michael Crouch and Tom Lindblom voted yes. Page 2 of 3 Commissioner Michael Crouch made a motion to recommend approval of rezoning from Kendall County A-1 and R-3 to the Estate Class One-Family Residence PUD. Commissioner Jack Jones seconded the motion. The motion was unanimously approved in a roll call vote. Lucietto,Adams, Schillinger, Jones, Crouch, Holdiman and Lindblom voted yes. Chairman Lindblom suggested city staff contact the property owners near the Swanson Lane Estates property that would be surrounded by the City of Yorkville once the annexation is approved. He said it would be appropriate to see if that property owner would consider annexing to the city as well. 2. PC 2001-16 Fog Hill Unit 7 POD 10—PreHminary/Final Plat Rob Gamrath said this is the last residential phase for the Fox Hill Subdivision. Addressing staff comments,he said the owners are agreeable to making all of the changes suggested by City Planner Mike Schoppe. With respect to the deviations mentioned by Anna Kurtzman, Gamrath said they will seek a PUD amendment for the deviations. He said he believes the deviations are warranted because of the topography of the site. Of the 13-acre site, 3 acres have been dedicated to the right of way also the expansion of Rob Roy Creek and the flood plain has taken another 3 acres. They've been left with just a little more than 6 acres for residential development, Schoppe,meanwhile, said there are some engineering issues to be cleaned up that are not related to the plat.Lindblom asked Schoppe to discuss the drainage easement between the residential and commercial part of the property. To clarify it, Schoppe said part of Lot 12 is set aside to be a storm water management basin. To allow for maintenance by the city, the city recommended 25 foot easements be put in place on the north side of Lot 12 that be extended from Mulberry Lane east to the east end of Lot 12. Jones asked why the developers are asking for 25-foot front yard setbacks instead of 30. Gamrath said they're seeking the reduced setback because of the developable land they've lost due the to widening of Eldamain Road and the widening of the access point to match up to the access point to the subdivision across the street in Plano. Jones said he thinks 30 feet almost isn't enough. At 25 feet,the home would be stacked on the street,he said. Commissioner Sandra Adams suggested the developers reconfigure the plan to meet city standards. Gamrath said engineers worked with the city staff very closely and looked at multiple configurations. He said this was the best plan possible. He also pointed out that the number of units in the plan originally started at 96 and has been reduced to 72. Jones asked if the deviation of the setback was more aesthetic or mechanical. Shoppe said it's more aesthetic. Mechanically speaking the 25-yard setback works. Page 3 of 3 Commissioner Brian Schillinger said the 25-foot setback really concerns him. He said when he parks a his truck in his own driveway,there's barely room to spare. With the reduced setback,he fears vehicle parked in the driveway would extend past the sidewalk. Schoppe said the porch hangs out to 25 feet,but the garage setbacks are farther. He added that the commissioners could put a stipulation into their motion that 25-foot setbacks were okay but the garages must be setback 30 feet. Lindblom,however, said without any architectural drawings to look at or to use as reference,the commissioners' hands are tied. He recommended the Plan Commission recommend approval of the request,but make sure the concerns are stipulated. Adams said the Plan Commission should wait until the issue comes back. However, Kelly Kramer, representing the city attorney's office, said the issue won't come back. She said it will go to the City Council. Gamrath said the developers have agreed to very strict architectural guidelines in the PUD. Although they don't have a builder lined up yet,they've looked at specific architectural layouts. But Schillinger said if the developer doesn't have a specific builder,then they don't have to ask for varied setbacks. Jones said this is the only time the Plan Commission has to make its position known. He said the developer needs to stick to 30 feet for the setbacks. Crouch made a motion to recommend approval for PC 2001-16 preliminary and final plat. Lucietto seconded the motion. The motion unanimously failed in a roll call vote. Adams, Schillinger, Jones, Crouch,Holdiman,Lucietto and Lindblom voted no. ADDITIONAL BUSINESS Schoppe said it is time to schedule the next joint City Council and Plan Commission meeting. The meeting was tentatively set for 7 p.m. Sept. 17. He said he would take the possible date to the City Council for its opinion. The meeting adjourned at 8:04 p.m Minutes respectfully submitted by Dina.Gipe. UNITED CITY OF YORKVILLE PLAN COMMISSION August 11 , 2004 - 7 : 00 p . m. 800 Game Farm Road Yorkville, Illinois 60560 TRANSCRIPT OF PROCEEDINGS in the above-entitled cause before the United City of Yorkville Plan Commission, taken before Adrienne A. Bowen, RPR, CSR in the State of Illinois on the 11th day of August , 2004 , at 7 : 00 p . m. PLAN COMMISSION : Ms . Sandra Adams Mr . Michael Crouch Ms . Dina Gipe Mr . Clarence Holdiman Mr . Jack Jones Mr . Tom Lindblom Ms . Anne Lucietto Mr . Brian Schillinger Mr . Mike Schoppe Mr . John Justin Wyeth D-722004 REPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com United City of Yorkville Plan Commission 2 1 ALSO PRESENT : 2 Mr . Shawn Domark 3 Mr . Christopher Kopecky 4 Ms . Kristine Liptrot 5 Ms . Maryalice Lundquist 6 Mr . Paul Miller 7 Mr . Edward Peterson 8 Mr . John Whitehouse 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 3 1 (Whereupon, the following 2 proceedings were held in 3 an open forum. ) 4 CHAIRMAN LINDBLOM : Okay . I ' d like to 5 officially call the meeting to order . 6 Can I please have roll call , please . 7 MS . GIPS : Carrie Green? 8 Clarence Holdiman? 9 MR . HOLDIMAN : Here . 10 MS . GIPE : Anne Lucietto? 11 MS . LUCIETTO : Here . 12 MS . GIPE : Bill Davis? 13 Sandra Adams ? 14 MS . ADAMS : Here . 15 MS . GIPE : Brian Schillinger? 16 MR . SCHILLINGER : Here . 17 MS . GIPE : Jack Jones? 18 MR . JONES : Here . 19 MS . GIPE : Michael Crouch? 20 MR . CROUCH : Here . 21 MS . GIPE : Tom Lindblom? 22 MR . LINDBLOM : Here . 23 CHAIRMAN LINDBLOM : Okay . We do have a 24 quorum . I trust everybody has had a chance to DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission - 4 1 look at the previous two sets of minutes . We have 2 a June 23rd Joint Meeting of City Council and Plan 3 Commission . Are there any questions or 4 corrections to that ? 5 Is there a motion to approve the 6 June 23rd minutes? 7 MR . SCHILLINGER: I make a motion to 8 approve . 9 CHAIRMAN LINDBLOM : Is there a second? 10 MS . ADAMS : Second . 11 CHAIRMAN LINDBLOM : Motions have been 12 cited . Further questions on the motion? 13 A hearing on those in favor signify 14 by saying aye . 15 THE COMMISSION : Aye . 16 CHAIRMAN LINDBLOM : Opposed? 17 The motion is approved . 18 The minutes from the Planning 19 Commission of July 14 , 2004 , any corrections or 20 additions to that? 21 MR . CROUCH : Move to approve . 22 CHAIRMAN LINDBLOM : Okay . Motion by 23 Crouch . 24 Second? DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission - 5 1 MR . HOLDIMAN : Second . 2 CHAIRMAN LINDBLOM : Second . Any 3 questions on the motion? 4 A hearing on those in favor signify 5 by saying aye . 6 THE COMMISSION : Aye . 7 CHAIRMAN LINDBLOM : Opposed? 8 That motion passes . 9 First item on the agenda is a public 10 hearing . Do I have a motion to open the public 11 hearing? 12 MR . LUCIETTO : Here . 13 CHAIRMAN LINDBLOM : Questions on the 14 motion? Those in favor signify by saying aye . 15 THE COMMISSION : Aye . 16 CHAIRMAN LINDBLOM : Opposed? 17 We now open the public hearing . 18 The first item in the public 19 hearing -- the only item in the public hearing is 20 PC 2004-14 , Swanson Lane Estates : Gordon and 21 Marcia Swanson, petitioners , have filed an 22 application with the United City of Yorkville, 23 Kendall County, Illinois , requesting annexation to 24 the United City of Yorkville and rezoning from DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 6 1 Kendall County A-1 Agricultural and R-3 One-Family 2 Residence District to United City of Yorkville 3 Estate Class One-Family Residence Planned Unit 4 Development . 5 The real property consists of 6 approximately 14 . 49 acres , at 3150-A and 3150-C 7 Cannonball Trail , Bristol Township, Kendall 8 County, Illinois . 9 With that said, can I ask that 10 anybody that wishes to address the Planning 11 Commission, please stand and raise your right hand 12 for the oath of public hearing . 13 (The public witnesses were 14 thereupon duly sworn . ) 15 CHAIRMAN LINDBLOM : Thank you . 16 At this time, I would ask Mr . Schoppe 17 to make a couple comments about this petition . 18 MR . SCHOPPE : I just wanted to clarify 19 what it is that is being asked of the Planning 20 Commission tonight relative to Swanson Lane 21 Estates . You received a good bit of information, 22 a pretty complete packet of information to 23 describe what is being considered . 24 The application -- if you ' ve DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 7 1 noticed, they are asking for annexation and 2 rezoning tonight , rezoning to an R-1 PUD . 3 Although they ' ve done a site plan and submitted 4 that , they ' re not asking for preliminary plan 5 approval of it tonight . 6 What they -- if they are granted the 7 annexation and rezoning, then they ' ll be bringing 8 preliminary plans , preliminary engineering, and 9 landscape plans forward . Those documents would 10 come back to the Planning Commission for your 11 review and recommendation on those plans at 12 another time , presumably in September . 13 Okay . So the action tonight is just 14 annexation and rezoning . I handed out an aerial 15 to everybody just to get an idea of the 16 surrounding uses and the wooded nature of the 17 property, the single-family areas to the north . 18 So I just wanted to put that in context . 19 And with that , we can turn back to 20 the petitioner . 21 CHAIRMAN LINDBLOM : Mike , clarify 22 something for me . R-1 is estate planning; is that 23 correct? 24 MR . SCHOPPE : That is our estate DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 8 1 district , yes . 2 CHAIRMAN LINDBLOM : Okay . With that 3 being said, Chris , will you be presenting for the 4 Swanson family? 5 MR . KOPECKY : I hope you all have a copy 6 of the preliminary plans . 7 CHAIRMAN LINDBLOM : Just for the record, 8 your name . 9 MR . KOPECKY : Oh, I ' m sorry . 10 Christopher Kopecky; Lord, Bissell & Brook; 11 attorney for the petitioners , Gordon and Marcia 12 Swanson . 13 I hoped they were going to be here 14 tonight , but they were unable to attend, so I will 15 be here presenting on their behalf , and happy to 16 answer any questions you have after I give just a 17 brief presentation as to exactly what it is that 18 we ' re seeking . 19 As was already pointed out , we ' re 20 seeking annexation and rezoning to the estate 21 district and special use for a planned 22 development . 23 Just for the record, I ' m going to go 24 ahead and submit an affidavit that mailing was DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 9 1 made to all property owners within 500 feet of the 2 property by certified mail , return receipt 3 requested . That was about 90 -- 90 persons or 4 entities entitled to notice . And I received 5 responses from a couple of people , none of which 6 were negative . And, perhaps , we have others who 7 are here in the audience as well tonight , but I 8 would just like to submit that . 9 Okay . As was indicated, it is 10 approximately a 14-and-a-half-acre parcel . What 11 the petitioners intend to do is to create five 12 lots . And there is one existing home on the 13 property, which is what would be lot 3 . That is 14 the home of the petitioners ' . 15 The access to the subdivision would 16 be along Boomer Lane, which will be dedicated, and 17 then access to the internal lots of the planned 18 development will be via private road, Swanson Lane 19 Estates . 20 The reason why they ' re seeking this 21 type of development with a private road is the 22 unique nature of the property . It ' s a relatively 23 pristine site with heavily-wooded and a lot of 24 mature trees . I haven ' t seen the aerial that was DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 10 1 provided, but hopefully that will give you an 2 impression of what the site is like . 3 Again, we ' re requesting a planned 4 development , estate planned development ordinance 5 because of the uniqueness of the property and 6 natural vegetation on the property . The proximity 7 of the creek, that requires certain variances from 8 the ordinances , both the subdivision ordinance 9 and, also, in some cases I think we ' re going to 10 seek variances from the landscape ordinance . 11 I ' m going to talk just real briefly 12 about some of the variances we ' re seeking, and 13 then I ' m going to turn it over to Ed Peterson, who 14 is going to talk just very briefly about some 15 services they ' re going to be providing on the 16 property . I know that that ' s not in front of you 17 tonight and that we ' re really just talking about 18 annexation and zoning, but I just wanted to give 19 you a feel for what we anticipate to do -- 20 anticipate doing . 21 The variances , I think, are laid out 22 in some detail in the statement that we attached 23 to the applications . I believe it ' s Exhibit D, 24 the application . I ' m going to run through them DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 11 1 briefly and give you justification as to why we 2 think that that is appropriate in this instance . 3 The first , I already touched on, is 4 a private road . The idea behind that is to 5 minimize the amount of pervious surfaces and also 6 to maintain the trees that are already existing on 7 the property . 8 In some cases your standard 9 easements aren ' t going to work because there is a 10 creek in the rear of some of these lots . The 11 easement at the creek probably doesn ' t make any 12 sense . 13 What we anticipate doing is bringing 14 utilities down Boomer Lane into the subdivision 15 through the right-of-way for the private road . 16 But we ' re going to work with staff to make sure 17 they have the appropriate easements in place that 18 they feel are necessary . 19 Because of the nature of the 20 property, again, we ' re going to ask for a variance 21 on the sidewalk requirement . It ' s sort of a dead 22 end, and any foot traffic can probably be 23 accommodated along the roadway itself . 24 There are a couple other variances DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 12 1 we are seeking . One relates to the street lights ; 2 although, I understand that from some preliminary 3 conversations with the City telling me that there 4 might be some requirements for street lights , but 5 probably not other than what would be required 6 under the ordinances . 7 Sewers , we intend to provide septic 8 fields . And the reason for that is that due to 9 the elevation of the property sloping 10 significantly from the existing sewer lines , to 11 develop the property so that it could be served by 12 sewers that would require lift stations , which 13 would be prohibited for the development . 14 Finally, the last thing that we 15 touched on is the yard requirement , and there ' s a 16 50-yard minimum frontyard requirement . Here , 17 we ' re going to have a 50-yard setback, but it ' s 18 going to be from the private road . Again, this is 19 a function of the topography of the property and 20 the existing vegetation that ' s on the property and 21 efforts to conserve the existing vegetation . 22 The last thing I had noted, I think, 23 in the packet was a variance for the landscape 24 ordinance . But in conversations with the planner DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 13 1 and the attorney, we ' ve decided that we ' re going 2 to go ahead and go forward with -- we ' re going to 3 create a landscape plan and go ahead submit that . 4 Again, it will probably be somewhat 5 different . Street trees might not make a lot of 6 sense here because of the nature of the property . 7 That is an overview . I ' m going to 8 ask Ed Peterson from LandMark Consulting, who is 9 the engineer on the project , to just speak briefly 10 about some of the utilities , the road, water . And 11 I touched on the sewers already; but basically, 12 the road and water, and how the service is going 13 to be had . 14 MR . PETERSON : Edward Peterson , LandMark 15 Consulting PC, consulting engineer and surveyor . 16 Chris did an excellent job of 17 describing what I was going to say . Briefly, 18 since we ' re not looking for preliminary 19 engineering approval at this point , I ' m just 20 going to go over some of the things he already 21 brought up . 22 Most notably, on this side , I think, 23 what ' s probably most interesting is the fact that 24 we ' re asking for private septic systems on these DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 14 1 lots , and most notably on lots 4 and 5 . 2 I ' ve consulted with the Kendall 3 County Health Department on this issue , and they 4 agree that it would be possible to put septic 5 fields on lots 4 and 5 , probably with a raised-bed 6 type system since they require less -- 7 CHAIRMAN LINDBLOM : Ed, excuse me just a 8 second . Can we put your drawing on the easel so 9 that people in the audience can see what you ' re 10 talking about . 11 (Whereupon, a drawing was 12 made available to the 13 general public ' s view . ) 14 CHAIRMAN LINDBLOM : We have copies here . 15 The people in the audience may not . Just for 16 people in the audience -- you may not be able to 17 see . This is lot 1 . This is lot 2 . This is lot 3 . 18 This is lot 4 . This is lot 5 . Okay . 19 MR . PETERSON : But basically, the main 20 challenge is septic fields on these two lots . And 21 I ' m not a septic field designer; but I did consult 22 with the Kendall County Health Department , and 23 they did assure me that there would be some way 24 that we could get a mechanical system on these two DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 15 1 lots . 2 Other than that , the only thing -- 3 the other thing is the water main . We ' re going to 4 be bringing the water down Boomer Lane through 5 Swanson Lane . And then hopefully we ' re going to 6 be able to loop that through possibly Dover Court 7 to the east . The details of which we have not 8 finalized yet , but that is the intent of the water 9 distribution system . 10 And the last thing I wanted to touch 11 on was that we were -- as a part of this PUD, we 12 were going to request waiver of the stormwater 13 management requirement for this property due to 14 the unique nature of its existing topography and 15 lush vegetation and the low-lying floodplain in 16 the area . 17 That is about it . Do you have any 18 questions ? 19 CHAIRMAN LINDBLOM : Okay . We ' ll come 20 back to questions for the Commission . 21 MR . KOPECKY : I would just add one thing 22 to what I was saying . The area below the 23 floodplain, there ' s going to be a conservation 24 easement . There won ' t be any filling or any DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 16 1 modification in this area down here . And we ' ve 2 had some discussion with staff about the 3 possibility of even adding more vegetation in 4 there to compensate for the lack of formal 5 stormwater retention facilities on the property . 6 MR . SCHILLINGER: Is that lot 3 or 7 lot 5? 8 MR . KOPECKY : It ' s going to be the 9 whole -- across the whole back . There is lot 5 10 labeled here . 11 MR . PETERSON : There ' s the line . I 12 think there ' s vegetation already in place . I ' m 13 not sure if it shows up very well on your drawing 14 here , but a good portion of the south side of the 15 site is encumbered by heavy vegetation . 16 CHAIRMAN LINDBLOM : Okay . Thank you, 17 gentlemen . 18 Are there any questions , comments 19 from the audience? I will be happy to entertain 20 those at this time . 21 MR . MILLER : I would like to get sworn 22 in . I wasn ' t sworn in before . 23 CHAIRMAN LINDBLOM : Okay . We ' ll take 24 care of that . DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 17 1 Please stand and raise your right 2 hand, please . 3 Anybody else? 4 (The public witnesses were 5 thereupon duly sworn . ) 6 CHAIRMAN LINDBLOM : So with that being 7 said, I ' ll ask again if there are any questions or 8 comments from the public, please come forward and 9 state your name in the microphone and ask your 10 question . 11 MR . MILLER: My name is Paul Miller . 12 Did you mention something in regards to some 13 waterlines going through Dover Court? 14 MR . PETERSON : Correct . 15 MR . MILLER : How would that impact those 16 homes around that area? 17 MR . PETERSON : The waterline would run 18 up one of these side property lines . That is 19 normally how we do this . I ' m not sure that the 20 current easements are in place to do that , so 21 that ' s still a question that I have to the City 22 staff as to whether or not we can accomplish that 23 without existing utility easements on -- 24 MR . MILLER : What ' s -- what ' s the DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 18 1 likelihood of lot 3 becoming subdivided again? 2 MR . PETERSON : I can ' t answer that 3 question . 4 MR . MILLER : Sounds pretty good to me . 5 MR . KOPECKY : It ' s a possibility . The 6 covenants for this property are going to stipulate 7 that none of the lots be subdivided; again, except 8 that lot 3 could be subdivided in the future . 9 It ' s going to be a minimum -- the classification 10 is one and one acre . 11 MR . MILLER : How many acres are there? 12 MR . PETERSON : Currently, 6 . 42 on lot 3 . 13 MR . MILLER: So you could have six 14 additional lots in that area? 15 MR . KOPECKY : Well -- 16 MR . PETERSON : This is all floodplain . 17 You can ' t build on that . So you could have an 18 additional three -- possibly three lots . 19 MR . KOPECKY : Our covenants restrict it 20 to a maximize of three lots . 21 CHAIRMAN LINDBLOM : Just to clarify 22 this , if the Swansons wish to do that , they have 23 to go through this process again? 24 MR . SCHOPPE : Yeah . Because the PUD DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 19 1 would be specific to this plan if approved, so 2 they wouldn ' t subdivide it even though it may 3 still be in conformance . Because the amendment to 4 the PUD, that would have to go through the City 5 process again, unless , as part of this PUD 6 agreement that is going to be created, the 7 city grants that flexibility to them with the 8 original PUD . 9 CHAIRMAN LINDBLOM : Okay . 10 MR . MILLER : Now, there ' s one more lot 11 that ' s not discussed here that is going to be 12 built upon? 13 MR . KOPECKY : That ' s right . 14 MR . MILLER : Is this going to be into 15 the city or is that still staying outside the 16 city? 17 MR . KOPECKY : Well , my clients don ' t own 18 that . You would have to ask the City of Yorkville 19 what their intentions are . It ' s a lot that will 20 be entirely -- 21 MR . MILLER: Land -- 22 MR . KOPECKY : -- by the City of 23 Yorkville ; and therefore , subject to forcible 24 annexation if they decided that was something they DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 20 1 would want to pursue . 2 CHAIRMAN LINDBLOM : My understanding is 3 that the property is not owned by the Swansons 4 right now . 5 MR . KOPECKY : That ' s correct . 6 MR . SCHILLINGER : Where is access to 7 that lot? 8 MR . KOPECKY : Access to it right now is 9 over lot 1 , but it ' s going to be over Swanson 10 Lane . It shows in the proposed drawing -- the 11 drawing shows the proposed driveway . 12 MR . SCHILLINGER : They have an easement 13 agreement with the Swansons? 14 MR . KOPECKY : They do . 15 MR . MILLER : And you feel you have to 16 put a septic system in there with that much in the 17 creek and floodplain? 18 MR . PETERSON : Yes , based on my 19 conversations with Kendall County Health 20 Department . 21 MR . MILLER : My questions have been 22 answered . 23 CHAIRMAN LINDBLOM : Thank you . 24 Somebody else care to ask questions DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 21 1 of concern? 2 Yes , sir . 3 MR . DOMARK : My name is Shawn Domark, 4 and I live on lot 79, which I consider us to have 5 one of the more nice views because on our lot we 6 actually back up to all of the Oak trees and 7 Hickory Nut trees that are on those adjacent to 8 lot 1 and the house that is being built on the 9 unmarked lot . 10 Mine is more of a comment than it is 11 a question, and I just -- speaking for -- I know 12 in the world of big business and big development , 13 there ' s not a very big voice for the wildlife that 14 lives out there . I just want to try to let 15 everyone here know as a testament that my wife and 16 I spend many days watching deer and doe run back 17 and forth across those two lots ; foxes . There is 18 an abundance of wildlife that, you know, comes out 19 of the woods along Blackberry Creek and lives 20 along those lots . 21 I had hoped through this -- I knew 22 this was going to be essential , but I thought 23 maybe -- the City of Yorkville , I know, at one 24 point was looking to acquire riverfront property, DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 22 1 you know, to preserve . And I had hoped at one 2 point , maybe , they had considered those lots to 3 preserve that area of Yorkville along Blackberry 4 Creek and not put it out for development . 5 So, you know, again, I just wanted 6 to state that I ' ve recorded 9, 10 , 12 deer at a 7 time in those lots . It is a big habitat where 8 those proposals are, where those lots are going 9 to be . 10 So some of my concerns are , you 11 know, what these lots will do to that existing 12 wildlife as we continue to build . 13 CHAIRMAN LINDBLOM : Okay . Thank you . 14 MR . KOPECKY : I want to address that , 15 briefly . 16 I appreciate your concerns . I would 17 just suggest to you this is a much less intense 18 development of this property than you could 19 potentially have . And there will be -- the 20 floodplain is very large and densely wooded . And 21 lot 30 , which is across the creek, there is 22 property that is also this subdivision which is in 23 the county down here where it is also property 24 that the petitioner once owned . They created DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 23 1 observation easements for the whole lot 30 because 2 they were concerned -- they shared the same 3 concerns at that time . 4 CHAIRMAN LINDBLOM : Okay . Any other 5 questions or concerns? 6 Yes , ma ' am. 7 MS . LUNDQUIST : My name is Maryalice 8 Lundquist , and my property backs up -- I back up 9 right to the Swanson ' s house , basically . 10 I guess my biggest concern now is -- 11 he mentioned septic field . When we built our home 12 nine years ago, that was one of the attractive 13 points of our subdivision, there were city 14 services . 15 And I know he said that he ' s been 16 assured by the Kendall County Health Department 17 that all of this will go smoothly, but I think the 18 rest of us would like that also . You know, . septic 19 can cause problems in many different ways , and I 20 would like to be assured myself that that won ' t 21 affect the rest of us . 22 CHAIRMAN LINDBLOM : Can we get your name 23 again . 24 MS . LUNDQUIST : Sure . It ' s Maryalice DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 24 1 Lundquist . 2 CHAIRMAN LINDBLOM : Gentlemen, would you 3 care to comment about that? 4 MR . PETERSON : Like I said -- 5 CHAIRMAN LINDBLOM : Is there any way of 6 assuring? I don ' t know how to do that . 7 MR . WHITEHOUSE : John Whitehouse, 8 Engineering Enterprises , city engineer and 9 consultant . 10 Going through the preliminary plan 11 process , there will be a scientific soil 12 evaluation done on all of these lots by a soil 13 scientist that will have to prove to the Kendall 14 County Health Department that there is suitable 15 area on these lots for septic . 16 This is their proposal , but it will 17 have to be proven at a -- during that preliminary 18 plan stage that there is adequate area on each one 19 of those lots that ' s not only suitable soil but 20 that the groundwater is at a certain depth below 21 the bottom of the proposed fields and that there 22 are also setbacks from floodplain, et cetera, 23 et cetera . 24 So this may work; it may not . So DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 25 1 it ' s all going to go through that specific -- 2 CHAIRMAN LINDBLOM : There ' s a certain 3 process it goes through? 4 MR . WHITEHOUSE : Yes . 5 CHAIRMAN LINDBLOM : Does that help your 6 concern a little bit? 7 MS . LUNDQUIST : Yes . 8 CHAIRMAN LINDBLOM : Okay . Any other 9 concerns or questions? 10 Yes , sir . 11 MR . DOMARK : I wanted to ask, too, of 12 the development . I know they talked about the 13 trees that were going to be on the property . 14 Are there going to be any 15 stipulations for somebody that might buy those 16 lots that the trees can ' t just be completely 17 removed? I mean, I think it would be crazy for 18 someone to do that . If they buy that property, I 19 would hope that ' s why they ' re buying it . 20 MR. KOPECKY : There are going to be some 21 restrictions on removal of the trees . But I think 22 the main -- I think you made the main point , the 23 reason why people are buying there is -- I think 24 you see on the existing -- you said you live right DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 26 1 behind the home that is being built . 2 I can attest to whoever is building 3 that home -- I don ' t know who it is -- is building 4 right in the middle of the trees without 5 disturbing any of the trees . Maybe there were 6 some there prior to my seeing the site . 7 In answer to your question, yeah, 8 there are going to be some restrictions . 9 MR . DOMARK : Yeah . And the other thing 10 I noticed was that some of those trees are 11 beginning to decay because they haven ' t been 12 necessarily maintenanced . 13 You know, you start getting a lot of 14 dead wood on these Oak trees and they start 15 attracting infestation, and some of these trees 16 are naturally dying out . And I didn ' t know if 17 people will -- I don ' t know if there is anything 18 we can do to have someone come in there and clean 19 up all of these trees because they are one by one 20 starting to fall apart . I think they have longer 21 life potential than -- 22 MR . KOPECKY : I don ' t think there ' s any 23 intention to have tree maintenance requirements . 24 CHAIRMAN LINDBLOM : The gentleman in the DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 27 1 back of the room, will you please come forward and 2 state your name . 3 DR . RAPATT : My name is Dr . Thomas 4 Repatt (phonetic) . Do I need to be sworn? 5 CHAIRMAN LINDBLOM : You have not been 6 sworn? 7 DR . RAPATT : No . 8 CHAIRMAN LINDBLOM : Anybody have some 9 suggestions , let me know . Raise your right hand, 10 please . 11 ( The public witness was 12 thereupon duly sworn . ) 13 DR . RAPATT : I actually have a contract 14 on one of these lots , and I know the builder . 15 It ' s lot No . 2 . The builder next to me -- I can 16 guarantee you that there will be no cutting down 17 of any trees . We ' re going to do everything we 18 possibly can to preserve them and leave it as is . 19 His home is put in an area where he 20 didn ' t have to remove anything major . And he has , 21 you know, every intent to keep that as beautiful 22 as possible , maintain it , maintenance of the 23 wooded area, and that ' s the reason why we ' re going 24 in there . DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 28 1 Lot No . 2 has an area that ' s 2 actually an open spot , and that ' s where we ' re 3 going to basically put the home, you know, if it 4 eventually goes through, without evening removing 5 anything but maybe a branch and clean it up . 6 So I think it will actually look 7 better once the homes are in there and landscaped . 8 All the major trees , our intent is leaving, except 9 maybe for some brush here and there . So I think 10 you ' ll see an improvement versus it looking worse 11 back there . 12 CHAIRMAN LINDBLOM : Okay . Thank you . 13 Yes , ma ' am. 14 MS . LIPTROT : My name is Kristine 15 Liptrot . I live on the other side of the creek in 16 the Blackberry Creek subdivision . It would be 17 lot 9 . 18 It was mentioned that Gordon also 19 owns lot 30 , which is on the other side of the 20 creek. And I was just wondering with the 21 annexation if there ' s any intent at this time to 22 be annexing lot 30 into the City of Yorkville . 23 MR . KOPECKY : Not at this time . 24 CHAIRMAN LINDBLOM : Okay . Anybody else? DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 29 1 Seeing no more hands , I would 2 entertain a motion to adjourn the public hearing . 3 MS . LUCIETTO : So moved . 4 MR . JONES : Second . 5 CHAIRMAN LINDBLOM : So moved a second to 6 adjourn the public hearing . 7 Any further discussion on the 8 motion? 9 A hearing on those in favor say aye . 10 THE COMMISSION : Aye . 11 CHAIRMAN LINDBLOM : Opposed? 12 Public hearing is now adjourned . 13 (Which were all the 14 proceedings in the Plan 15 Commission herein 16 transcribed . ) 17 - - - 18 19 20 21 22 23 24 DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 30 1 STATE OF ILLINOIS ) ) SS . 2 COUNTY OF KENDALL ) 3 I , Adrienne A. Bowen, RPR, CSR in 4 the State of Illinois , do hereby certify that I 5 reported in shorthand the proceedings had at the 6 Plan Commission of the above-entitled cause and 7 that the foregoing Report of Proceedings , Pages 1 8 through 31 , inclusive , is a true, correct , and 9 complete transcript of my shorthand notes so taken 10 at the time and place aforesaid . 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit , nor am I in any way related 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 DepoCourt Reporting Service ( 630 ) 983-0030 United City of Yorkville Plan Commission 31 1 In testimony whereof, I have 2 hereunto set my hand this 27th day of August, 3 A. D . 2004 . 4 5 f 6 Ad enne A . Bowen, RPR, CSR 7 CSR No . 084-004320 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service ( 630 ) 983-0030 1 abundance- 11:2, 11:17 bringing-7:7, clean-26:18, created-19:6, U 21:18 approval-7:5, 11:13, 15:4 28:5 22:24 access-9:15, 13:19 Bristol-6:7 clients- 19:17 Creek-21:19, 084-004320- 9:17, 20:6 approve-4:5, Brook-8:10 comment- 22:4,28:16 32:7 Access-20:8 4:8,4:21 brought-13:21 21:10,24:3 creek-10:7, accommodate approved- brush-28:9 comments- 11:10, 11:11, d- 11:23 1 4:17, 19:1 build- 18:17, 6:17, 16:18, 17:8 20:17,22:21, accomplish- area- 15:16, 22:12 Commission- 28:15, 28:20 1 -14:17,20:9, 17:22 15:22, 16:1, builder-27:14, 1:2, 1:10, 1:15, Crouch-1:16, 21:8,31:7 accuracy- 17:16, 18:14, 27:15 4:3,4:15,4:19, 3:19, 3:20,4:21, 10-22:6 31:20 22:3,24:15, building-26:2, 5:6, 5:15,6:11, 4:23 11 -1:3 acquire-21:24 24:18, 27:19, 26:3 6:20, 7:10, 15:20, Csr-1:11, 31:3, 11th-1:12 acre-18:10 27:23, 28:1 built-19:12, 29:10,29:15, 32:6, 32:7 12-22:6 acres-6:6, areas-7:17 21:8,23:11,26:1 31:6 current-17:20 14-4:19 18:11 assume-31:19 business- compensate- cutting-27:16 14-and-a-half- action-7:13 assure- 14:23 21:12 16:4 acre-9:10 Ad-32:3 assured- buy-25:15, complete- p 14.49-6:6 Adams-1:16, 23:16, 23:20 25:18 6:22, 31:9 3:13, 3:14,4:10 assuring-24:6 buying-25:19, completely- D-722004- 1:24 2 add-15:21 attached- 25:23 25:16 Davis-3:12 adding-16:3 10:22 concern-21:1, days-21:16 2-14:17, additional- attend-8:14 C 23:10, 25:6 dead-11:21, 27:15, 28:1 18:14, 18:18 attest-26:2 concerned- 26:14 2004-1:3, additions- attorney-8:11, Cannonball- 23:2 decay-26:11 1:12,4:19,32:3 4:20 13:1 6:7 concerns- decided-13:1, 2004-14-5:20 address-6:10, attracting- care- 16:24, 22:10, 22:16, 19:24 23rd-4:2,4:6 22:14 26:15 20:24, 24:3 23:3,23:5,25:9 dedicated- 27th-32:2 adequate- attractive- Carrie-3:7 conformance- 9:16 24:18 23:12 cases-10:9, 19:3 deer-21:16, 3 adjacent-21:7 audience-9:7, 11:8 conservation- 22:6 adjourn-29:2, 14:9, 14:15, certain-10:7, 15:23 densely-22:20 3-9:13, 14:17, 29:6 14:16, 16:19 24:20,25:2 conserve- Department- 16:6, 18:1, 18:8, adjourned- August-1:3, certificate- 12:21 14:3, 14:22, 18:12 29:12 1:12, 32:2 31:17 consider-21:4 20:20,23:16, 30-22:21, Adrienne- available- certified-9:2, considered- 24:14 23:1,28:19, 1:10, 31:3,32:6 14:12 31:19 6:23, 22:2 depth-24:20 28:22 aerial-7:14, aye-4:14, 5:5, certify-31:4, consists-6:5 describe-6:23 31 -31:8 9:24 5:14,29:9 31:11, 31:16 consult-14:21 describing- 3150-a-6:6 affect-23:21 Aye-4:15,5:6, cetera-24:22, consultant- 13:17 3150-c-6:6 affidavit-8:24 5:15,29:10 24:23 24:9 designer- aforesaid- Chairman-3:4, consulted- 14:21 4 31:10 B 3:23,4:9,4:11, 14:2 detail-10:22 agenda-5:9 4:16,4:22,5:2, Consulting- details-15:7 4-14:1, 14:5, ago-23:12 backs-23:8 5:7, 5:13,5:16, 13:8, 13:15 develop-12:11 14:18 agree- 14:4 based-20:18 6:15, 7:21, 8:2, consulting- development- agreement- beautiful- 8:7, 14:7, 14:14, 13:15 8:22, 9:18,9:21, 5 19:6, 20:13 27:21 15:19, 16:16, context-7:18 10:4, 12:13, Agricultural- becoming- 16:23, 17:6, continue- 21:12,22:4, 5-14:1, 14:5, 6:1 18:1 18:21, 19:9, 20:2, 22:12 22:18,25:12 14:18, 16:7, 16:9 ahead-8:24, bed-14:5 20:23, 22:13, contract- Development- 50-yard-12:16, 13:2, 13:3 beginning- 23:4,23:22, 24:2, 27:13 6:4 12:17 amendment- 26:11 24:5,25:2,25:5, control-31:21 different-13:5, 500-9:1 19:3 behalf-8:15 25:8,26:24, 27:5, conversations 23:19 amount-11:5 behind- 11:4, 27:8,28:12, -12:3, 12:24, Dina-1:17 6 Anne-1:19, 26:1 28:24, 29:5, 20:19 direction- 3:10 below-15:22, 29:11 copies- 14:14, 31:21 6.42-18:12 annexation- 24:20 challenge- 31:18, 31:21 discussed- 60560-1:4 5:23, 7:1,7:7, better-28:7 14:20 copy-8:5 19:11 7:14, 8:20, 10:18, big-21:12, chance-3:24 Correct- 17:14 discussion- 7 19:24,28:21 21:13, 22:7 Chris-8:3, correct-7:23, 16:2,29:7 annexed- biggest-23:10 13:16 20:5, 31:8 distribution- 79-21:4 31:17 Bill-3:12 Christopher- corrections- 15:9 7:00-1:3, 1:12 annexing- Bissell-8:10 2:3,8:10 4:4,4:19 District-6:2 28:22 bit-6:21,25:6 cited-4:12 Council-4:2 district-8:1, 8 answer-8:16, Blackberry- city-19:7, counsel-31:12 8:21 18:2,26:7 21:19, 22:3, 19:15, 19:16, county-22:23 disturbing- 800-1:4 answered- 28:16 23:13,24:8 County-5:23, 26:5 20:22 Boomer-9:16, City-1:1, 1:9, 6:1,6:8, 14:3, documents- 9 anticipate- 11:14, 15:4 4:2,5:22, 5:24, 14:22,20:19, 7:9 10:19, 10:20, bottom-24:21 6:2, 12:3, 17:21, 23:16,24:14, doe-21:16 9-22:6,28:17 11:13 Bowen- 1:11, 19:4, 19:18, 31:2 Domark-2:2, 90-9:3 apart-26:20 31:3, 32:6 19:22,21:23, couple-6:17, 21:3,25:11,26:9 application- branch-28:5 28:22 9:5, 11:24 done-7:3, A 5:22,6:24, 10:24 Brian-1:19, Clarence-1:17, Court-15:6, 24:12 applications- 3:15 3:8 17:13 Dover-15:6, A-1-6:1 10:23 brief-8:17 clarify-6:18, covenants- 17:13 able-14:16, applies-31:17 briefly-10:11, 7:21, 18:21 18:6, 18:19 down-11:14, 15:6 appreciate- 10:14, 11:1, 13:9, Class-6:3 crazy-25:17 15:4, 16:1,22:23, above-entitled 22:16 22:15 classification- create-9:11, 27:16 -1:9 31:6 1 aporovriate Briefl - 13:17 1 18:9 1 13:3 Dr-27:3 27:7 DepoCourt Reporting Service (630 ) 983-0030 2 27:13 6:3,7:17,8:4 29:2,29:6,29:9, 11:1 looking-13:18, [23:7,,29:2,29:8 drawing-14:8, Fans-1:4 29:12 Justin-1:20 21:24,28:10 tion-4:22 14:11, 16:13, favor-4:13, heavily-9:23 loop-15:6 tions-4:11 20:10,20:11 5:4,5:14,29:9 heavily- K Lord 8:10 ve-4:21 driveway- feet-9:1 wooded-9:23 low-15:15 oved-29:3, 20:11 field-14:21, heavy-16:15 keep-27:21 low-lying- due-12:8, 23.11 held-3:2 Kendall-5:23, 15:15 15:13 fields-12:8, help-25:5 6.1,6 7, 14 2, Lucietto-1:19, N duly-6:14, 14:5, 14:20, hereby-31.4 14:22,20:19, 3:10,3 11,5:12, 17:5,27:12 24:21 herein-29:15 23:16,24:13, 29:3 me-8:8, during-24:17 filed-5:21 hereto-31:17 31:2 Lundquist 2:5, , 17:11,21:3, dying-26:16 filling-15:24 hereunto-32:2 Kopecky-2:3, 23:7,23:8,23:24, 23:22,27:2, finalized-15:8 Hickory-21:7 8:5,8:9,8:10, 24:1,25:7 ,28:14 E Finally-12:14 Holdiman- 15:21, 16:8, 18:5, lush-15:15 natural-10:6 First-5:9 1:17,3:8,3:9,5:1 18:15, 18:19, lying-15:15 naturally- easel-14:8 first-5:18, 11:3 home-9:12, 19:13, 19:17, 26:16 easement- five-9:11 9:14,23:11,26:1, 19:22,20:5,20:8, M nature-7:16, 11:11, 15:24, flexibility-19:7 26:3,27:19,28:3 20:14,22:14, 9:22, 11:19, 13:6, 20:12 floodplain- homes-17:16, 25:20,26:22, ma'am-23:6, 15:14 easements- 15:15, 15:23, 28:7 28:23 28:13 necessarily- 11:9, 11:17, 18:16,20:17, hope-8:5, Kristine-2:4, mail-9:2 26:12 17:20, 17:23, 22:20,24:22 25:19 28:14 mailing-8:24 necessary- 23:1 following-3:1 hoped-8:13, main-14:19, 11:18 east-15:7 foot-11:22 21:21,22:1 L 15:3,25:22 need-27:4 Ed-10:13, forcible-19:23 hopefully- maintain-11:6, negative-9:6 13:8, 14:7 foregoing- 10:1, 15:5 labeled-16:10 27:22 next-27:15 Edward-2:7, 31:7 house-21:8, lack-16:4 maintenance- nice-21:5 13:14 formal-16:4 23:9 laid-10:21 26:23,27:22 nine-23:12 efforts-12:21 forth-21:17 Land-19:21 maintenanced none-9:5, 18:7 elevation-12:9 forum-3.3 Landmark- -26:12 normally- encumbered- forward-7:9, 13:8, 13:14 major-27:20, 17:19 16:15 13.2, 17:8,27.1 idea-7:15, landscape- 28:8 north-7:17 end-11:22 foxes-21:17 11:4 7.9, 10.10, 1223, management- notably-13:22, engineer- front-10:16 Illinois-1:4, 13:3 1513 14:1 13:9, 13:15,24:8 frontyard- 1:11,5:23,6:8, landscaped- Marcia-5:21, noted-12:22 Engineering- 12:16 31:1,31:4 28:7 8:11 notes-31:9 24:8 function- impact-17:15 Lane-5:20, Maryalice-2:5, notice-9:4 engineering- 12:19 impression- 6:20,9:16,9:18, 23:7,23:24 noticed-7:1, 7:8, 13:19 future-18:8 10:2 11:14, 15:4, 15:5, mature-9:24 26:10 Enterprises- improvement- 20:10 maximize- Nut-21:7 24:8 G 28:10 large-22:20 18:20 entertain- inclusive-31:8 last-12:14, mean-25:17 O 16:19,29:2 Game-1:4 indicated-9:9 12:22, 15:10 mechanical- entirely-19:20 general-14.13 infestation- leave-27:18 14:24 Oak-21:6, entities-9:4 gentleman- 26:15 leaving-28:8 meeting-3:5 26:14 entitled-1:9, 26:24 information- less-14:6, Meeting-4:2 oath-6:12 9:4,31:6 gentlemen- 6:21,6:22 22.17 mention- observation- essential- 16:17 instance-11:2 life-26:21 17:12 23:1 21:22 Gentlemen- intend-9:11, lift-12:12 mentioned- officially-3:5 estate-7:22, 24:2 12:7 lights-12.1, 23:11,28:18 once-22:24, 7:24,8:20, 10:4 Gipe-1:17,3:7, intense-22:17 12:4 Michael-1:16, 28:7 Estate-6:3 3:10,3:12,3:15, intent-15:8, likelihood- 3:19 one-9:12, Estates-5:20, 3:17,3:19,3:21 27:21,28:8, 18:1 microphone- 15:21, 17:18, 6:21,9:19 Gordon-5:20, 28:21 Lindblom- 17:9 18:10, 19:10, et-24:22, 8:11,28:18 intention- 1:18,3:4.3:21, middle-26:4 21:5,21:23,22:1, 24:23 granted-7:6 26:23 3:22,3:23,4:9, might-12:4, 23:12,24:18, evaluation- grants-19:7 intentions- 4:11,4:16,4.22, 13:5,25:15 26:19,27:14 24:12 Green-3:7 19:19 5:2,5:7,5.13, Mike-1:20, One-6:1,6:3, evening-28:4 groundwater- interested- 5:16,6:15,7:21, 7:21 12:1 eventually- 24:20 31:15 8:2,8:7, 14:7, Miller-2.6, One-family- 28:4 guarantee- interesting- 14 14, 15:19, 16:21, 17:11, 6:1,6:3 exactly-8:17 27:16 13:23 16:16, 16 23, 17:15, 17:24, open-3:3, excellent- guess-23:10 internal-9:17 17-6, 18:21, 19:9, 18.4, 18:11, 5:10,5:17,28:2 13:16 issue-14:3 20:2,20:23, 18:13, 19:10, Opposed- except-18:7, H item-5:9,5:18, 22:13,23:4, 19:14, 19:21, 4:16,5:7,5:16, 28:8 5:19 23:22,24:2,24:5, 20:15,20:21 29:11 excuse-14:7 habitat-22:7 itself-11:23 25:2,25:5,25:8, Mine-21:10 order-3:5 Exhibit-10:23 hand-6:11, 26:24,27:5,27:8, minimize-11:5 ordinance- existin -9:12, 17:2,27:9,31:19, J 28:12,28:24, minimum- 10:4, 10:8,10:10, 11:6, 1210, 32:2 1 1 29:5,29:11 12:16, 18:9 12:24 12:20, 12:21, handed-7:14 Jack-1:18,3:17 line-16:11 minutes-4:1, ordinances- 15:14, 17:23, hands-29:1 job-13:16 lines-12:10, 4:6,4:18 10:8, 12:6 22:11,25:24 happy-8:15, John-1:20,2:8, 17:18 modification- original-19:8, 16:19 24:7 Liptrot-2:4, 16:1 31:1 F Health-14:3, Joint-4:2 28:14,28:15 Most-13:22 outcome- 14:22,20:19, Jones-1:18, live-21:4, most-13 23, 31:15 facilities-16:5 23:16,24:14 3:17,3:18,29:4 25:24,28:15 14:1 outside-19:15 fact-13:23 hearing-4:13, July-4:19 lives-21:14, motion-4:5, overview-13:7 fall-26:20 5:4,5:10,511, June-4:2,4:6 21:19 4:7,4:12,4:17, own-19:17 famil -6:1 5:17 5:19 6:12 'ustification- look-4:1 28:6 1 5:3 5:8 5:10 owned-20:3 DepoCourt Reporting Service (630) 983-0030 3 22:24 Present-2:1 5:13 9:21, 11:4, 11:15, 5:4,5:14 5.20,5:21,6:20, owners-9:1 presentation- quorum-3:24 12:18, 13:10, single-7:17 8:4,8:12,9:18, owns-28:19 8:17 13:12 single-family- 15:5,20:9 presenting- R Road-1:4 7:17 Swanson's- P 8:3,8:15 roadway- site-7:3,9:23, 23:9 preserve-22:1, R-1-7:2,7:22 11:23 10:2, 16:15,26:6 Swansons- packet-6:22, 22:3,27:18 R-3-6:1 roll-3:6 six-18:13 18:22,20:3, 12:23 presumably- Raise-27:9 room-27:1 sloping-12:9 20:13 Pages-31:7 7:12 raise-6:11, Rpr-1:11,31:3, smoothly- sworn-6:14, parcel-9:10 pretty-6:22, 17*1 32:6 23:17 16:21, 16:22, part-15:11, 18:4 raised-14:5 run-10.24, soil-24:11, 17:5,27:4,27:6, 19:5 previous-4.1 raised-bed- 17:17,21:16 24:12,24:19 27:12 parties-31:13, pristine-9:23 14:5 someone- system-14:6, 31:14 private-9:18, Rapatt 27:3, S 25:18,26:18 14:24, 15:9, passes-5:8 9:21, 11:4, 11:15, 27:7,27:13 somewhat- 20:16 Paul-2:6, 12:18, 13:24 real-6:5, 10:11 Sandra-1:16, 13:4 systems- 17:11 problems- really-10:17 3:13 sorry-8:9 13:24 Pc-5:20, 13:15 23:19 rear-11:10 Schillinger- sort-11:21 people-9:5, Proceedings- reason-9:20, 1:19,3:15,3:16, Sounds-18:4 T 14:9, 14:15, 1:8,31:7 12:8,25:23, 4:7, 16:6,20:6, south-16:14 14:16,25:23, proceedings- 27:23 20:12 speaking- [21:15 stament- 26:17 3.2,29:14,31:5 receipt-9.2 Schoppe-1:20, 21:11 perhaps-9:6 process- received-6.21, 6.16,6,18,7.24, special-8:21 stimony- persons-9:3 18:23, 19:5, 9:4 18:24 specific-19:1, pervious-11:5 24:11,25:3 recommendati scientific- 25:1 therefore- Peterson-2:7, prohibited- on-7:11 24.11 spend-21:16 19:23 10:13, 13:8, 12:13 record-8:7, scientist- spot-28:2 thereof-31:15, 13:14, 14:19, project-13:9 8:23 24:13 Ss-31:1 31:18 16:11, 17:14, property-6:5, recorded-22:6 second-4:9, staff-11:16, thereupon- 17:17, 18:2, 7:17,9:1,9:2, regards-17:12 14:8,29:5 16:2, 17:22 6:14, 17:5,27:12 18:12, 18:16, 9:13,9:22, 10:5, related-31.12, Second-4:10, stage-24:18 they've-7:3 20:18,24:4 10:6, 10:16, 11:7, 31:13 4:24,5:1,5:2, stand-6:11, Thomas-27:3 petition-6:17 11:20, 12:9, relates-12:1 29:4 17:1 three-18:18, petitioner- 12:11, 12.19, relative-6:20 see-14:9, standard-11:8 18:20 7:20,22:24 12:20, 13:6, relatively-9:22 14:17,25:24, start-26:13, Tom-1:18,3:21 petitioners- 15:13, 16:5, removal-25:21 28:10 26:14 tonight-6:20, 5:21,8:11,9:11 17:18, 18:6,20:3, remove-27.20 Seeing-29:1 starting-26:20 7:2,7:5,7:13, petitioners'- 21:24,22:18, removed- seeing-26:6 state-17:9, 8:14,9:7, 10:17 9:14 22:22,22:23, 25:17 seek-10:10 22:6,27:2 topography- phonetic-27:4 23:8,25:13, removing- seeking-8:18, State-1:11, 12:19, 15:14 place-11:17, 25:18 28:4 8:20,9:20, 10:12, 31:1,31:4 touch-15:10 16:12, 17:20, proposal- Repatt 27:4 12:1 statement- touched-11:3, 31:10 24:16 Report-31.7 sense-11:12, 10:22 12:15, 13:11 plan-7:3,7:4, proposals- reported-31:5 13.6 stations-12.12 Township-6:7 13:3, 19:1,24:10, 22:8 reproduced- September- staying-19:15 traffic-11:22 24:18 proposed- 31:20 7:12 still-17:21, Trail-6:7 Plan-1:2, 1:10, 20:10,20:11, request-15:12 septic-12 7, 19.3, 19:15 transcribed- 1:15,4:2,29:14, 24:21 requested-9:3 13:24, 14:4, stipulate-18:6 29:16 31:6 prove-24.13 requesting- 14:20, 14:21, stipulations- Transcript-1:8 planned-8:21, proven-24:17 5:23, 10:3 20:16,23:11, 25:15 transcript- 9:17, 10:3, 10:4 provide-12:7 require-12:12, 23:18,24:15 stormwater- 31:9,31:18 Planned-6:3 provided-10:1 14:6 served-12:11 15:12, 16:5 tree-26:23 planner-12:24 providing- required-12:5 service-13:12 Street-13:5 trees-9:24, planning-7:22 10:15 requirement- services- street-12:1, 11:6, 13:5,21:6, Planning- Proximity- 11:21, 12:15, 1015,23:14 12:4 21:7,25:13, 4:18,6:10,6:19, 10:6 12:16, 15:13 set-32:2 subdivide- 25:16,25:21, 7:10 Public-29:12 requirements- setback-12:17 19:2 26:4,26:5,26:10, plans-7:8,7:9, public-5:9, 12:4,26:23 setbacks- subdivided- 26:14,26:15, 7:11,8:6 5:10,5:17,5:18, requires-10:7 24:22 18:1, 18:7, 18:8 26:19,27:17, Pm-1:3, 1:12 5:19,6:12,6:13, Residence-6:2, sets-4:1 subdivision- 28:8 point-13:19, 17:4, 17:8,27:11, 6:3 sewer-12:10 9:15, 10:8, 11:14, true-31:8 21:24,22:2, 29:2,29:6 responses-9:5 Sewers-12:7 22:22,23:13, trust-3:24 25:22 public's-14:13 responsibility- sewers-12:12, 28:16 try-21:14 pointed-8:19 Pud-7:2, 31:20 13:11 subject-19:23 turn-7:19, points-23:13 15:11, 18:24, rest-23:18, shared-23:2 submit-8:24, 10:13 portion-16:14 19:4, 19:5, 19:8 23:21 Shawn-2:2, 9:8, 13:3 two-4:1, possibility- pursue-20:1 restrict-18:19 21:3 submitted-7:3 14:20, 14:24, 16:3, 18:5 put-7:18, 14:4, restrictions- shorthand- suggest-22:17 21:17 possible-14:4, 14:8,20:16,22:4, 25:21,26:8 31:5,31:9 suggestions- type-9:21, 27:22 27:19,28:3 retention-16:5 shows-16:13, 27:9 14:6 possibly-15:6, return-9:2 20:10,20:11 suit-31:13, 18:18,27:18 Q review-7.11 side-13:22, 31:14 U potential- rezoning- 16:14, 17:18, suitable- 26:21 questions- 5:24,7:2,7:7, 28:15,28:19 24:14,24:19 unable-8:14 potentially- 4:3,4:12,5:3, 7:14,8:20 sidewalk- surfaces-11:5 under-12:6, 22:19 8:16, 15:18, right-of-way- 11:21 surrounding- 31:19,31:21 preliminary- 15:20, 16:18, 11:15 signed-31:18 7:16 unique-9:22, 7:4,7:8,8:6, 17:7,20:21, riverfront- significantly- surveyor- 15:14 12:2, 13:18, 20:24,23:5,25:9 21:24 12:10 13:15 uniqueness- 24:10 24:17 Questions- road-9:18 si ni -4:13 Swanson- 10:5 DepoCourt Reporting Service (630) 983-0030 4 Unit-6:3 22:3,28:22 United-1:1, 1:9,5:22,5:24, Z 6:2 unless-19:5 zoning-10:18 unmarked- 21:9 up-13:21, 16:13, 17:18, 21:6,23:8,26:19, 28:5 uses-7:16 utilities-11:14, 13:10 utility-17:23 V variance- 11:20, 12:23 variances- 10:7, 10:10, 10:12, 10:21, 11:24 vegetation- 10:6, 12:20, 12:21, 15:15, 16:3, 16:12, 16:15 versus-28:10 via-9:18 view-14:13 views-21:5 voice-21:13 W waiver-15:12 watching- 21:16 water-13:10, 13:12, 15:3, 15:4, 15:8 waterline- 17:17 waterlines- 17:13 ways-23:19 whereof-32:1 Whitehouse- 2:8,24:7,25:4 whole-16:9, 23:1 wife-21:15 wildlife-21:13, 21:18,22:12 wish-18:22 wishes-6:10 witness-27:11 witnesses- 6:13, 17:4 wondering- 28:20 wood-26:14 wooded-7:16, 9:23,22:20, 27:23 woods-21:19 world-21:12 worse-28:10 Wyeth-1:20 Y yard-12:15 years-23:12 Yorkville-1:1, 1:4,1:10,5:22, 5:24,6:2,19:18, 19:23 21:23 DepoCourt Reporting Service (630) 983-0030