HomeMy Public PortalAbout1988-11-15 PC minutesPLAINFIELD PLAN COMMISSION
DATE: November 15, 1988 AT: Village Hall
COMMISSIONERS PRESENT: Vice-Chairman Sobkoviak, J. Anderson,
R. Mentzer, H. Bayer, M. Krippel,
W. Schempf.
EX-OFFICIO PRESENT: D. Norris, G. Krahn
ALSO PRESENT: P. J. Waldock, Village Planner
J. Harvey, Attorney
K. Jania, Secretary
Vice-Chairman Sobkoviak called the meeting to order at 7:30 p.m.
Roll call was taken. Chairman Simmons, L. Kelly, R. Russ,
J. Eichelberger, and J. Wilson were absent.
There being no additions or corrections, Vice-Chairman Sobkoviak
declared the minutes of the October 18, 1988 meeting approved as
presented.
Continuation of County Case - June S. Foster Farm, requesting
rezoning from A-1 to R-2A and Special Use Permit for flood plain
development. Location: South of Renwick Road along each side of
Old Indian Boundary Line Road.
Mr. Waldock reported this case was tabled to allow staff time to
explore some legal questions related to the enforceability of a
pre-annexation agreement on future owners of this particular site.
It is ultimately the intent of the applicant to subdivide the
300-acre rezoning area under R-2A residential zoning regulations.
This would result in approximately 300 single-family residential lots
on the site. This also raises a potential legal question related to
enforceability on each of thos 300 property owners at some time in
the future - the pre-annexation agreement that we may be able to reach
with the applicant at this time.
Staff and petitioner have been able to reach what they feel is a
satisfactory agreement - something that can be presented to the Board
of Trustees at a later date. It appears that the applicant is willing
to. sign a pre-annexation agreement with the Village assuming that
we're working out the final language of the agreement. This is a
key issue of the overall development of the site since it is within
the Village planning area.
Staff will be recommending no objection as long as there is
satisfactory legal enforceability of the pre-annexation agreement on
individual lot owners which may purchase portions of the 300-acre
tract.
PLAINFIELD PLAN COMMISSION
November 15, 1988
Page Two
Another issue that needs to be considered is the question as to
whether the potential subdivision of this site may be premature
in terms of road accessibility since access to the site is via
gravel roads only at this time. This would be addressed at time of
subdivision review.
Attorney J. Harvey addressed the issue of enforceability of a
pre-annexation agreement. Chapter 24 is where we get our authority
to enter into any type of annexation agreement. Statute says that
any annexation agreement is binding upon any successor owners. As
long as you are able to annex the property, there is no question that
it can be binding upon subsequent owners. The issue here is because
we're not contiguous. We could not annex this property tomorrow even
if a petition was filed. Without being contiguous there is no way
that the owners of record at the time we would be contiguous can be
confirmed. So there is an issue regarding enforceability because it
is r not contiguous. There are ways of dealing with it. Commonly,
agreements are entered into when they are not contiguous, however
there is no cas law in Illinois dealing with this issue where someone
has challenged a pre-annexation agreement on the basis that it was
entered into when the Village was not in a position to annex because
of lack of contiguity. There is some risk, but there are ways of
dealing with it. The developer indicated preliminarly that they
would be willing to explore some of these such as putting in
requirements that individual lot owners be required to file petitions
for annexation once contiguity came about. Attorney Harvey also
stated these agreements are not illegal, but he can't say that they
are binding on successors as it would be if they were contiguous.
Vice-Chairman Sobkoviak asked what would be the benefit to the Village
of securing the pre-annexation agreement. Mr. Waldock stated that
from a planning standpoint it locks this parcel's future and ties it
to Plainfield.
M. Krippel asked Attorney Harvey what would be our legal standing
with other developments in the future with a similar situation if they
are not receptive to this type of agreement.
Attorney Harvey stated if we wish to voice our objections to those
developments within a mile and a half there are no legal restrictions,
and if we want to seek an aggressive policy of annexation we can.
Attorney James Babcock was present on behalf of the applicant and
stated he agrees with Attorney Harvey on the enforceability of a
pre-annexation agreement and there are vehicles available to make sure
that it is binding on the successor owners. He sees no problem with
the legal mechanics of it. It depends on the Village policy if they
want this type of a pre-annexation agreement, if they do, the applicant
is willing to enter into an agreement.
PLAINFIELD PLAN COMMISSION
November 15, 1988
Page Three
Several adjacent land owners were present and expressed
their concerns. Mainly drainage. Regarding the creek,
the developer should be responsible for the water until
the river; if the Village annexes this property who will
for the drainage, and will there be water and sewer to s
site. Mr. Harold Dhuse stated. the adjacent land owners
favor of this proposed development.
some of
they feel
it reaches
be liable
erve this
are not in
The Board advised the adjacent owners that they understand their
concerns, but this hearing tonight is for rezoning only. There has
been no preliminary plat filed as yet. Attorney Babcock stated the
preliminary plat will be done after the rezoning is approved with
the County. The preliminary plat will address the drainage concerns.
W. Schempf stated he is opposed to well and septics. We have too
many in the vicinity now.
W. Schempf moved to recommend to the Village Board that until we
get something writing as to what would be done, to object to the
Foster Farm rezoning from A-1 to R-2A and special use permit for
flood plain development. Seconded by H. Bayer. Vote by roll call.
Anderson, yes; Mentzer, no; Bayer, yes; Krippel, no; Schempf, yes;
Sobkoviak, no. 3 yes, 3 no. Tie vote.
No other motion was made.
Case No. 194-102188AZ - Plainfield Public Library District
Petition for annexation and establishment of I-1 zoning of the
168.98 acre Library Farm. Location: Along the south side of 143rd
Street, west of Van Dyke Road, East of U.S. 30.
Mr. Waldock summarized his report to the Board. The Library District
is in the process of auctioning the site for sale. The Comprehensive
Plan for that area projects office/industrial land uses. The zoning
requested is part of the annexation agreement signed by the District.
There is no development proposal for the site at this time.
The annexation and proposed zoning conforms with the Village's 1988
Comprehensive Plan; the site is contiguous with the Village boundary;
and the site is accessible to sewer and water services of the Village.
Staff recommends approval of the annexation and establishment of I-1
zoning at the Library Farm property.
In discussion, the Board agreed this would be a good thing for the
Village.
PLAINFIELD PLAN COMMISSION
November 15, 1988
Page Four
J. Anderson moved to recommend to the Village Board that they
approve the annexation and establishment of I-1 zoning at the
Library Farm property on 143rd Street. Seconded by W. Schempf.
Vote by roll call.
Schempf, yes; Krippel, yes; Bayer, yes; Mentzer, yes; Anderson, yes;
Sobkoviak, yes. 6 yes, 0 no. Motion carried.
Mr. Waldock briefly updated the Board regarding the proposed
Sign Ordinance; and discussed Joliet meeting re: annexation.
Adjourn: 8:40 p.m.
Kay JRhYd, Secretary
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