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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 V NAME ADDRESS vo. xf, 7 '1/3 K 0 REGULAR COUNCIL MEETINGS FIRST AND THIRD MONDAY EVENINGS OF EACH MONTH Would everyone attending this -Plan Commission meeting *15 / 11fe please sign this sheet for our official records. N ADDRESS REGULAR COUNCIL MEETINGS FIRST AND THIRD MONDAY EVENINGS OF EACH MONTH