Will County Land Use and Development Committee met February 13.
Here is the minutes provided by the Committee:
I. Pledge Of Allegiance
Chairman Tom Weigel led the Pledge of Allegiance.
II. Call To Order And Declaration Of Quorum
Chair Tom Weigel called the meeting to order at 10:35 am
Attendee Name; Title; Status; Arrived;
Tom Weigel; Chair; Present;
Judy Ogalla; Vice Chair; Present;
Steve Balich; Member; Present;
Mark Ferry; Member; Present;
Laurie Summers; Member; Present;
Ray Tuminello; Member; Absent;
Denise E. Winfrey; Member; Present;
The roll was called. Six members were present. A quorum was declared.
Staff present were:
Colin Duesing, Planner, Admin. & Planning Division
David Dubois, Interim Land Use Dept. Director
Greg Ratajczak, Floodplain Mgr., Com. Dev. Dept.
Janine Farrell, Planner, Dev. Review Division
Jessica Gal, Planner, Dev. Review Division
Pat Cline, Secretary, Dev. Review Division
Ron Pullman, Community Development Director
Scott Killinger, Chief Subd. Engineer, Land Use Dept.
Matt Guzman, Will County Assistant State's Attorney
John Antonopoulis, Attorney, ZC-17-057
Pete Galvin, Developer, Woodbridge Estates Subd.
III. Approval Of Minutes
1. WC Land Use & Development Committee - Regular Meeting - Jan 9, 2018 10:30 AM
2. Motion to approve the Regular Meeting Minutes of the January 9, 2018 Land Use and Development Committee Meeting as presented.
The minutes were approved unanimously.
Result: Approved [Unanimous]
Mover: Judy Ogalla, Vice Chair
Seconder: Steve Balich, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey
Absent: Tuminello
IV. New Business
1. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-17-055, West End Tool and Die Inc., Owner of Record, Michael Zambon 40%, Officer, Director and 40% Shareholder, John Zambon, Director and 45% Shareholder, Robert Lipka, Officer, Richard Kavanagh of Kavanagh Grumley and Gorbold LLC, Attorney, Requesting a Zoning Map Amendment from A-1 to I-2 ,for PIN # 30-07-13-400- 023-0000, in Joliet Township, Commonly Known as Vacant Property on New Lenox Road, Joliet IL (Jessica Gal) Zoning Case ZC-17-055 takes place in Joliet Township. The applicants are requesting a map amendment from A-1 to I-2 in order to house West End Tool and Die. The Planning and Zoning Commission recommended approval of the map amendment and there were no objectors at the public hearing.
No objectors were present.
2. Motion to approve a map amendment from A-1 to I-2 for Zoning Case ZC-17-055.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Denise E. Winfrey, Member
Seconder: Mark Ferry, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey
Absent: Tuminello
3. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended Zoning Case ZC-17-057, Emerald Properties, LLC, Owner of Record, Vaide Naso, Sole Beneficiary, Robert Wagner, Agent, John Antonopoulos, Antonopoulos & Virtel, P.C.; Attorney, Requesting (M-17-009) Zoning Map Amendment from A-1 to I-2, for PIN #11-04-02-205-020- 0000, in Lockport Township, Commonly Known as 13816 High Road, Lockport, IL (Jessica Gal) Zoning Case ZC-17-057 takes place in Lockport Township. This is a request for a map amendment from A-1 to I-2 in order to expand a concrete company being operated on the northern parcel. The Planning and Zoning Commission recommended approval and there were no objectors at the public hearing.
4. Motion to approve a map amendment from A-1 to I-2 for Zoning Case ZC-17-057.
The Chairman asked if there were any objectors.
Mary Burmitz stated she lives at 14116 High Road. She objected to the expansion of this facility. She believes there are more people on her street that are. She believes nobody else could make it so she is there representing the entire population of High Road that are objecting. She was instructed by one of the other residents that a card had been sent. She never received anything and she lives eight houses from this.
The Chairman asked the objector did she see signs posted on the property.
She said no. I haven't paid attention.
The Chairman said you'd have to go by there to see them.
Jessica Gal stated notice is given to abutting property owners. So those who share a property line are given notice.
Board Member Balich said he got about five calls on this. Then he got an email. He's not going to be able to vote on it because his niece's husband works for this company. The City of Lockport is saying no and Lockport Township is saying no according to this email.
Chairman Weigel said he hadn't seen it.
Jessica Gal didn't receive any comments from the City of Lockport.
Mr. Balich gave the correspondence to staff.
Chairman Weigel asked, is the petitioner here?
John Antonopoulos spoke for the applicant who has been operating the business there for some time. All notices were sent out and this is the first he has heard of any objections. It is surrounded by a pipeline company and other industrial companies so it fits in. He has had no complaints with how the existing operation has been run. He's going to tear down the existing family home and expand his business for storage of his equipment.
Grant Spooner stated his address is 14200 High Road. He is familiar with the property and prior owners. He is familiar with all the violations that property had. They put seventy-five loads of fill in. Land Use white-washed it. The only industrial property on that road is Wagner and the pipeline across the street. Edison high lines are north of the Wagner property. Other than that it's all residential. The objector stated he sees no reason to increase industrial in a residential area. It's not a good fit.
Mr. Spooner said right now it looks residential although they have some pole barns in the back. Mr. Spooner said he drives by that property twice a day and there's no sign out there announcing any action as far as he knows by Land Use. He realizes notices only go to adjacent owners and there is only one or two across the road. They're all family and they are in favor of it. Like I said. It's all residential except for Wagner.
The Chairman said this is the north end of High Road, isn't it?
Grant Spooner said it's on the north end of High Road right at the edge of the unincorporated area. On the other side of that, on the other side of the high lines is the City of Romeoville.
Grant Spooner said Wagner is the applicant. Naso is the owner. Why isn't Naso requesting the zoning change instead of Wagner who doesn't own the property?
The Chairman said I don't know. Maybe the lawyer knows.
John Antonopoulos stated we have a contract to buy the property. We needed permission from the owner and there's a letter in the file, staff has it, authorizing me to represent the applicant in these proceedings. If the Board grants the zoning change they are going to close on the property and Wagner is going to buy it and build a new building.
Board Member Ogalla asked so you want to do this prior to the change in property ownership?
Mr. Antonopoulos said they have a contract and it is contingent upon this zoning change. If the zoning change goes through they are going to have a closing soon after.
Judy Ogalla asked staff so is that typical that we would do something like that?
Jessica Gal said we get an affidavit of owner consent.
Judy Ogalla asked are there any existing violations at this site right now or has everything been taken care of?
Jessica said there was a previous zoning case approved on this property for the current owner. They were in violation for operating a contractor shop. They came before the Planning and Zoning Commission and the Land Use Committee and the Will County Board a few years ago. They pursued a special use for a contractor's shop in A-1 which really wouldn't be an option today. Upon new ownership that contractor's shop is null and void. There are no active violations at this time.
From Jessica's discussions with their attorney they are in the process of moving out of that property.
Jessica Gal sated the City of Romeoville has submitted comments that they have no objection to the map amendment request even though it is in direct opposition to their comprehensive plan update. They don't see this as a problem at this time.
Mr. Antonopoulos said the neighbor that lives directly next door has no objection. They have even agreed to put in a landscape buffer between the properties so they won't interfere with their use. Wagner who is going to be buying this property and operating the business has never had any violations. He's a local business person and he wants to expand his business. He's going to tear down those non-conforming buildings and put up something state-of-the-art and more compatible with the existing use.
Roll Call Vote: Weigel, Ogalla, Summers, Winfrey and Ferry voted "yes." Balich abstained.
The motion carried 5-0-1.
Mr. Antonopoulos asked when this would go to County Board. He was told Thursday.
Result: Approved [5 To 0]
Mover: Denise E. Winfrey, Member
Seconder: Judy Ogalla, Vice Chair
Ayes: Weigel, Ogalla, Ferry, Summers, Winfrey
Abstain: Balich
Absent: Tuminello
5. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended, Zoning Case ZC-17-062, Hot Spot Furniture Corp.; Owner of Record, Gary Briden, President and Chris Briden, Vice- President, Constantine Tzamouranis, Attorney, Requesting (S-17-013)Special Use Permit for Light Equipment Sales/Rentals, for Pin #15-08-26-200-007-0000, in New Lenox Township, Commonly Known as 1333 S. Schoolhouse Road, New Lenox, IL (Janine Farrell) Zoning Case ZC-17-062 takes place in New Lenox Township. The applicant is requesting a special use permit for light equipment sales and rentals in order to sell vehicles such as go carts, scooters in an I-1 district.
There were no objections to this zoning case. The Village of New Lenox reviewed the request at their Plan Commission and full Village Board. They had no objections but recommended two conditions which have been included in staff's four (4) conditions.
Staff and the Planning and Zoning Commission recommend approval of the special use with the four (4) conditions.
Judy Ogalla asked Janine to let the Committee members know what the four conditions are.
Janine said the first condition is their standard condition. Upon fourteen (14) days of written notice the owner of record that the Will County Land Use Department employees are granted access, right of entry for inspection. The second condition is in regards to the parking lot and providing accessible spaces. The owner does have a couple of building permits with the Land Use Department so part of the building permit review is that accessible parking spaces will be provided in accordance with State Statute. Condition three (3) requests landscaping be put at the road frontages. It is an industrial property and it has been developed so there is no provision for us to require landscaping through the building permit process. New Lenox would like some landscaping and we are recommending it, as well. The fourth (4) condition is in regards to the building permits and states that the applicant shall secure the building permits and complete all required inspections within 6 months of County Board approval.
6. Motion to approve a special use permit for light equipment sales and rentals for Zoning Case ZC-17-062 with four (4) conditions. The motion passed unanimously 6-0.
Result: Approved [Unanimous]
Mover: Steve Balich, Member
Seconder: Mark Ferry, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey
Absent: Tuminello
V. Other Business
1. Preauthorization to Foreclosure-Highland Ridge South PUD
(Jim Song) Scott Killinger requested pre-authorization to foreclose on Highland Ridge South PUD Subdivision surety. Staff believes the developer and the bank are going to renew the Letter of Credit but in the event they don't the paperwork will be ready.
2. Motion to approve Pre-authorization to Foreclose on Highland Ridge South PUD in Frankfort Township The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Denise E. Winfrey, Member
Seconder: Judy Ogalla, Vice Chair
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey
Absent: Tuminello
3. Plat of Vacation Lot 8 Woodbridge Estate 2nd Edition
(Scott Killinger) Scott Killinger stated the next two items are related. If you look at the diagram in your packet, basically, the petitioner is going to vacate the plat of the triangular Lot because he has found that due to economic conditions it is not saleable. He is going to plat a new Lot 6. So there is the Plat of Vacation for Lot 8 and then the Final Plat of Woodbridge Estates 3rd Addition.
4. Motion to approve Plat of Vacation for Lot 8 Woodbridge Estates 2nd Addition.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Steve Balich, Member
Seconder: Denise E. Winfrey, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey
Absent: Tuminello
5. Final Plat Woodbridge Estates 3rd Addition
(Scott Killinger)
2. Motion to approve the Final Plat for Woodbridge Estates 3rd Addition.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Steve Balich, Member
Seconder: Denise E. Winfrey, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey
Absent: Tuminello
6. Proposed Text Amendments 1. Accessory Dwelling Units in Industrial Districts
2. Accessory Building Storage for Home Occupation (Colin Duesing) The next topic of discussion concerned accessory dwelling units in industrial zoning districts.
Colin Duesing noted with the update they did last month they noticed "Owner- occupied Accessory Dwelling Units" in Industrial Districts was not carried forward into the new regulations. They were in the original Ordinance but when they were making the changes with regard to the A-1 and E-1 sections somehow the owner- occupied accessory dwelling units in the industrial districts were deleted when they were trying to clean things up.
It wasn't completely deleted because it was addressed within the text.
Staff asked the Committee if they would like to keep the original intent of the owner-occupied accessory dwelling units in industrial areas they have suggested text or the Committee can leave it as is and not have owner-occupied accessory dwelling units in industrial areas.
The Chairman said we didn't seem to have any problems with it so we might as well go back to the way it was.
Board Members Balich and Ogalla agreed.
Chairman Weigel said what was the other one? Accessory storage?
Colin Duesing said accessory storage for home occupations. The County Board has expressed a desire to review the Will County Zoning Ordinance home occupation requirements.
One primary concern appears to be the authorized use of accessory structures for the storage of equipment, materials, samples and vehicles incidental to the home occupation which may result in the home occupation being of an intensity greater than intended.
One option to address the situation is to limit the authorized use of accessory structures for the storage of equipment, materials, samples and vehicles incidental to a home occupation to less dense zoning districts and in a manner consistent with the recent changes to commercial truck parking. The following text reflects this option.
Section 155-10.10 (D) 2. Home Occupations: Regulations
e. Home occupations must be conducted within the dwelling unit and not from a detached or attached garage or other accessory structure. In the A-2, E-1, E-2, R-1 and R-2 districts, equipment, materials, samples, and vehicles incidental to the home occupation may be stored in a detached or attached garage or other accessory structure as long as the business activity is limited to the dwelling.
The Chairman said he would be in favor of this.
Board Member Balich asked would that change exclude a detached garage?
Colin Duesing said that would exclude it in the R-2A through R-6. It would be permitted in the R-1 and the R-2 but not the R-2A through R-6.
David Dubois stated prior to 2012 home occupations in all the zoning districts were limited to the single family residence. Storage of materials, goods, products and things of that nature were not authorized in accessory structures. In 2012, they thought they were doing a good thing by expanding that to accessory dwelling units or accessory structures to allow people to store equipment associated with the home occupation in those buildings.
Over the past several years there have been a few instances where that may have been the source of aggravation of neighbors with activity associated with the home occupation. The thought was as Colin stated to make it consistent with some of the restrictions with commercial vehicles on properties and to eliminate in the R-2A through R-6 zoning districts the ability to store those materials, goods and products in the accessory structure.
The trouble with this is that the County is so diverse with regard to expectations and peoples desire for the use of pole buildings. What staff thought might be the best fit is to eliminate the ability for accessory structure storage in the denser zoning districts.
Board Member Ogalla asked staff how do you know somebody is storing stuff in their out building?
David Dubois stated the County does not license businesses so there's no zoning review on that and also we are complaint based. We would look into it if there is a complaint.
Judy Ogalla asked how many complaints have we had that you know of in a similar situation in those other zoning districts?
David said he doesn't have a specific number but right now they are dealing with one in particular that's been going on for about two years and it's constant with the neighbors complaining. David said he believes they are in an R-3.
Board Member Ogalla doesn't believe in drafting legislation because of one or two people so she is not in favor of this.
Staff indicated this has more to do with contractors who have multiple vehicles and a lot of equipment and instead of renting space in an industrial condominium they operate out of their home.
Steve Balich pointed out that people move into unincorporated areas because they don't want all the rules the cities place on them.
David Dubois said staff prepared the text at the request of Board Members.
Chairman Weigel said he believes Mr. Moustis asked staff to look into it because of problems with people running businesses in residential districts out of garages and pole buildings.
Colin Duesing asked Mr. Balich if we put a limit on the square footage would that be appropriate?
David Dubois said during the last update the Committee reviewed the square footage of the structures and it was the Board's desire not to reduce the structure size much more than they did. They wanted to maintain the ability to have that square footage. This is staff's first attempt to deal with this topic.
Laurie Summers talked about somebody in her district running an auto body shop out of their garage in a subdivision. If it's not spelled out where do we draw the line?
David said we don't want to go into peoples garages and start opening up boxes. That's why they want to keep it general. Either you're using it or you're not.
Judy Ogalla talked about her father running a small janitorial business and keeping his supplies in their garage. A lot of people have lost their jobs and they're trying to support their family. Board Member Ogalla is totally not in favor of this.
Chairman Weigel suggested staff go back and work on this some more and see if you can refine it.
Staff asked the Committee if they had any suggestions or specific direction on what they want to see done with this?
Steve Balich said he would like to see people be able to have a small business and use their property. Like Judy said. Somebody is fifty years old and they are a plumber and they lose their job. Nobody is going to hire them so they have to go on their own and create their own business. The same with a carpenter, electrician or whatever. So you tell them no and they lose their house and go on welfare. I don't want to see that and I don't think anybody on this Board wants to see that.
Mark Ferry said by the same token you don't want to turn a residential area into a mini industrial park, either. You're walking a tight rope no matter what you do.
Judy Ogalla asked if a person is running a car maintenance shop out of his home and he's doing business out of his garage do we require a business permit for that type of action or what?
David Dubois said I can't answer that definitively but if there is some kind of activity that would effect the commercial code, possibly. For example, a home occupation might be an electrician who parks his van in his driveway, stores some of his equipment in his garage, goes out during the day and comes back in the evening and parks his van or truck in his driveway at the end of the day.
Chairman Weigel said we need to do a little more fine tuning on this. He asked staff have you done any surveys of other jurisdictions, counties, what they have in their Ordinance as far as this is concerned?
David said we can do that but just on general principle everybody deals with it differently. Every County has their own ideas on what's acceptable to their constituents.
Chairman Weigel said maybe we'll get some new views.
Judy Ogalla asked what are the sizes for the R-1 and R-2? I know some of them are very small.
David said R-2A is 30,000 square feet minimum lot size. R-3 goes up to 20,000, R-4 is 12,500, R-5 is 10,000. R-2 is 40,000. Accessory structure square footages for example R-2A is 1,800 square feet, R-3 is 1,800 square feet.
David asked how they felt about using percentages of what the home or accessory building could be used for.
Colin summarized the discussion stating you want to look at limiting the area possibly with regard to percentages. We will look at the use intensity; probably also looking at the list of prohibitive uses and also looking at the operating standards such as the number of employees.
VI. Reports, Communications, Correspondence
1. Chairman, Will County Land Use and Development Committee
2. Committee Members, Will County Land Use and Development Committee
Committeeman Steve Balich stated he has been bringing up the Building Codes since about October. Mr. Balich stated he has found out that the City of Chicago exempts not only the plumbing code but all the stuff he's been talking about. The City of Lockport exempts all the stuff he's been talking about including the plumbing codes. The City of Naperville exempts some of them but not all of them.
Mr. Balich said the State of Illinois sent him a written notice letter that he distributed to everybody that says the State does not require repair of maintenance items to be getting a building permit. They are talking strictly about the plumbing code. They are saying according to their records we don't have the proper type of plumbing inspector. In the letter they say for us not to hire that type of plumbing inspector. So does the County need to follow the state plumbing code. According to this letter the answer is no.
Mr. Balich wants this on next month's agenda so the Committee can discuss it and decide what they want to do.
Chairman Weigel asked staff to look into this and see if they can give them a recommendation from the information Steve has brought forward.
David Dubois asked if there is a consensus of the Committee regarding the plumbing issues and if so staff will contact the State directly and correspond with them with regard to specific matters; Brian Radner and Owen. David said he doesn't want to dispute what is in the letter but the County does follow all local and state regulations with regard to plumbing matters.
Mr. Balich has talked to people in the building trades and realtors and they are in favor of this. Mr. Balich told staff they did a real good job on the Zoning Ordinance Update.
On another issue, Mr. Balich received an email from Steve Weber regarding a gentleman who got a citation notice from the Land Use Department about an unattended fire saying he had to appear at adjudication court. He had plans to go out of town so he wanted to pay his fine but he couldn't fine who he could pay it to. Mr. Balich said we need some sort of mechanism for people to pay their fines if the want to avoid going to adjudication court.
Judy Ogalla brought up the subject of people getting letters about final inspections not being done and permits still being open. The letter people are receiving is somewhat threatening because it talks about recording a violation on the title if they don't respond and get the final inspection completed. Board Member Ogalla talked about a 72 year old man who got one of these letters called her all upset saying he has dogs and doesn't want anybody coming on his property. He had gotten a home improvement loan through the Center for Community Concerns.
Board Member Ogalla suggested Land Use send out a letter that gives the homeowner the right to waive getting an inspection done and thereby relieving the County of any liability.
Board Member Ogalla asked David Dubois how many building permits are in this category and how many are still left to be addressed?
David Dubois said first of all when a contractor pulls a permit it is incumbent on him to see that all necessary building inspections have been done. Two-hundred and seventy-four building permit files are being reviewed to see if they can be closed either administratively or if correspondence needs to be sent to the homeowner or responsible party. To date, David believes over eight hundred notices have been sent. There is only a handful staff has actually had a problem with. David said they are about 90% done.
David Dubois stated Dawn has been in contact with the gentleman who went through the Center for Community Concerns and the property is ready for inspection. Our office will be coordinating with the homeowner to get this taken care of and finalized as soon as possible. Also, the County does not charge to go out and do these inspections. The County is only interested in seeing the work was done properly to protect the homeowner.
David said there is a mechanism now in SmartGov that keeps track of inspections.
Judy Ogalla asked staff if it was possible to send out a letter to those remaining permits that didn't get final inspections offering them a chance to have those inspections waived?
David Dubois said they could certainly look into it. They would have to consult the State's Attorney's Office.
Matt said he can look into that but he certainly isn't going to give an answer at this point. He is not comfortable giving them a recommendation to say here's a letter, sign it and waive off any potential liability on behalf of the County. He doesn't think that's the way we want to pursue. Who's to say if those final inspections had been done a life/safety issue might have been found.
Board Member Ogalla talked about getting a letter about a final inspection not being done five years after she had windows installed.
The Committee Members and staff talked about the procedures for following up on building permits and inspections.
David Dubois said that Mike did a good job on getting the new SmartGov Program in place and with the new building permit system there is a mechanism in place to hopefully see this doesn't happen anymore. David said he would have to consult with Building Division staff to find out exactly how SmartGov interacts with the owner now.
Committee Members want to know what procedures people have to follow now when they want to obtain a building permit.
Board Member Ogalla suggested they re-design the letter that goes out to homeowners because the one they are using is too threatening.
3. Director, Will County Land Use Department
4. Other
5. Public Comment
VII. Executive Session
The Chairman stated they need a motion to go into Executive Session to discuss possible litigation.
1. Motion to go into Executive Session to discuss possible litigation.
Roll Call Vote: Ogalla, Summers, Balich, Ferry and Weigel voted "yes." The motion carried unanimously 5-0.
Result: Approved [5 To 0]
Mover: Laurie Summers, Member
Seconder: Mark Ferry, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers
Absent: Tuminello
Away: Winfrey
2. Motion to go out of Executive Session.
Roll Call Vote: Ogalla, Balich, Ferry, Summers and Weigel voted "yes." The motion carried unanimously 5-0.
Result: Approved [5 To 0]
Mover: Steve Balich, Member
Seconder: Mark Ferry, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers
Absent: Tuminello
Away: Winfrey
VIII. Adjournment
1. Motion to adjourn the meeting.
The motion carried unanimously 5-0.
The meeting was adjourned at 12:30 pm.
Result: Approved [Unanimous]
Mover: Mark Ferry, Member
Seconder: Laurie Summers, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey
Absent: Tuminello
IX. Next Meeting Will Be Held On March 13, 2018
https://willcountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=2910&Inline=True
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