Will County Planning and Zoning Commission met May 1.
Here is the minutes provided by the Commission:
I. Call To Order
II. Pledge Of Allegiance
Chairman Len Vallone led the Pledge of Allegiance.
III. Roll Call And Declaration Of Quorum
Chairman Leonard Vallone called the meeting to order at 6:36 pm
Attendee Name; Title; Status; Arrived:
Scott Lagger Commissioner Absent
Thomas White Commissioner Present
Michael Carruthers Commissioner Present
Kimberly Mitchell Commissioner Present
Hugh Stipan Vice Chairman Present
Leonard Vallone Chairman Present
Barbara Peterson Secretary Present
The roll was called. A quorum was declared.
Staff Present were:
Dawn Tomczak, Development Review Division
Janine Farrell, Development Review Division
Jessica Gal, Development Review Division
Matt Guzman, State's Attorneys Office
IV. Approval Of Minutes
1. WC Planning and Zoning Commission - Public Hearing - Apr 3, 2018 6:30 pm
The Regular Meeting Minutes of the April 3, 2018 Will County Planning & Zoning Commission Meeting were presented for review and approval.
There were no additions, deletions or corrections.
2. Motion to approve the Regular Meeting Minutes of the April 3, 2018 Will
County Planning & Zoning Commission Meeting as presented.
The minutes were approved unanimously 6-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Hugh Stipan, Vice Chairman
Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson
Absent: Lagger
V. Zoning Cases
Commission Secretary Barbara Peterson announced variance cases would be heard to conclusion this evening by this Commission. Other cases will advance forward to the Land Use & Development Committee in this County Board Room Tuesday, May 8th at 10:30 AM.
1. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended, for Zoning Case ZC-18-013, Dan Sitar, Owner of Record, Samuel Anyan, Agent, Teresa Dollinger, Attorney, Requesting a Special Use Permit (S-18-006) for Operation of a Trucking Terminal, for Pin #03- 17-17-200-012-0000, in Wilmington Township, Commonly Known as Vacant Property on West Lorenzo Road, Wilmington, IL
Chairman Vallone announced the first case is Zoning Case ZC-18-013. The owner of record is Dan Sitar. Samuel Anyan is the contract purchaser. The attorney is Teresa Dollinger. The request is for a special use permit for the operation of a trucking terminal.
Jessica Gal from staff opened discussion of the case. Zoning Case ZC-18-003 takes place in Wilmington Township and is located on West Lorenzo, Wilmington, Illinois. The applicant is requesting the operation of a trucking terminal on a vacant 8.203 acre parcel located about one mile west of I-55.
Photographs of the subject site were displayed.
The property was zoned from A-1 to I-2 by Zoning Case 6000-MS as well as a special use permit for outdoor storage on September 19, 2011. The approved special use for outdoor storage lapsed approval when it was not lawfully established within one year of Will County Board approval.
The contract purchaser is requesting a special use permit in order to establish his trucking company (SAY Trucking Inc.). His operations will include truck parking for 15-20 semi-trucks, dispatching, and maintenance. A 4,500 square foot structure is proposed to house a repair shop and office space for 4-6 employees.
Hours of operation will be Monday through Friday from 6 am to 5 pm, and may include some Saturdays. The daily vehicle trips generated will be 15-20 during the daytime.
It is Staff's opinion that the operation of the special use will not be detrimental to or endanger the public's health, safety, morals, comfort or general welfare provided that all conditions of the special use permit are met and that all adopted Will County codes and ordinances are followed.
The City of Wilmington Comprehensive Plan designates the subject property as "Industrial/Manufacturing.
The City of Wilmington, Wilmington Fire Protection District and Wilminton Township were notified of the request and had no comment. The Illinois Department of Natural Resources Report states there is no record of State-listed threatened or endangered species.
The Report from the Will-South Cook soil and Water Conservation District indicates that the proposed change is compatible with surrounding area and land uses.
The Will County Division of Transportation states that the applicant will be required to submit a formal application to the Will County Division of Transportation, a Traffic Impact Study, and that the maximum driveway width is 24 feet.
The Will County Health Department has no objection to the proposed special use permit. A soil evaluation must be conducted to determine private sewage disposal system requirements for the proposed facility. A permit to install a private sewage disposal system must be issued by the Will County Health Department prior to the issuance of a building permit.
The Wilmington Township Highway Commissioner states that he has no objection to the request.
Staff recommended approval of a special use permit for a trucking terminal with four (4) conditions:
1. Upon fourteen (14) days of written notice to the owner of record and/or operator at their last known address, Will County Land Use Department and Will County Sheriff's Department employees are hereby granted the right of entry in and upon the premises for the purpose of inspecting the premises and uses thereon for compliance with the terms and conditions of this special use permit.
2. Truck terminal operations must maintain a 50 foot minimum separation distance from the eastern property for as long as the adjacent parcel is zoned residential or used for residential purposes. A land use buffer shall be installed along the entire property line in compliance with Section 155-12.70 of the Will County Zoning Ordinance. 3. Truck parking may not be located within the street setback.
4. If a gate is installed for access to the site, the gate must be located a minimum of 80 feet from the northern property line and a sign must be posted near the entrance of the site to indicate that the driveway provides no turn around.
Chairman Vallone asked if the parking lot could be expanded and they could put however many trucks they want there?
Jessica said they could.
Theresa Dollinger from Castle Law appeared on behalf of the applicant.
There were no questions or comments.
2. Motion to approve a special use permit for a trucking terminal with four (4) staff conditions for Zoning Case ZC-18-013.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Hugh Stipan, Vice Chairman
Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson
Absent: Lagger
3. Will County Planning And Zoning Commission Notice Of Variance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as amended, for Case ZC-18-014, State Bank of Illinois Trust Number 1-1255, William J. Cullen, Jr. Living Trust, 100% beneficiary, Owner of Record, William J. Cullen 100% interest-Agent , Thomas Osterberger of Kavanagh Grumley and Gorbold LLC, Attorney , requesting (V-18-013) Variance for maximum accessory building area from 3,000 square feet to 4,085 square feet , for Pin # 18-13-10-101-016-0000, in Green Garden Township, commonly known as 9510 W. Valley Farm Dr. , Frankfort, IL
Chairman Vallone announced Zoning Case ZC-18-014. The owner of record is William J. Cullen. He is represented by Thomas Osterberger of Kavanagh Grumley and Gorbold LLC. The applicant is requesting a variance.
Janine Farrell presented a request for variance for maximum accessory building area from 3,000 square feet to 4,085 square feet.
The property is located at 9510 W. Valley Farm Drive, Frankfort, Illinois in Green Garden Township. The applicant would like to build an additional 3,000 square foot attached garage to an existing residence that already has an attached garage measuring 1,085 square feet.
An aerial photo of the 5 acre parcel located within the Valley Farm Estates Subdivision was displayed.
Surrounding zoning is predominantly E-2 with A-1 zoning to the north.
The Will County Health Department provided comment stating they have no objection to the request.
Staff stated the plight of the owner is not due to unique circumstances and it is their belief the variance has the potential to alter the essential character of the locality. Staff recommended denial of the request.
Chairman Vallone said since it's going to be attached to the house it will be similar in construction?
Janine said that's correct.
Chairman Vallone said this particular lot has two of the original lots. Both lots are E-2 and he only has a house on one of them.
Barbara Peterson asked Janine did you receive any correspondence from any of the adjacent property owners?
Janine said I did not.
Jeff Archambeault stated the applicant owns a total of 7.5 acres within the subdivision. Mr. Cullen said he is in the process of putting in a two acre lake. Mr. Archambeault stated he has twenty letters from adjacent property owners in favor of this variance request. It is their belief it will increase property values and improve the character of the subdivision.
Mrs. Peterson asked did I read this addition is to house your antique cars?
The applicant said just his cars. He has kids and four wheelers, a snow mobile. It's getting a little crowded. He has seven children.
Chairman Vallone said with it on seven acres it will go along nicely and fit in the area.
Mrs. Peterson pointed out the most valid point is that there are no objections from any of the adjacent property owners.
4. Motion to approve a variance for maximum accessory building area from 3,000 square feet to 4,085 square feet for Zoning Case ZC-18-014.
Roll Call Vote: Carruthers, Mitchell, Peterson, Stipan, White and Vallone voted "yes." The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Hugh Stipan, Vice Chairman
Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson
Absent: Lagger
5. Will County Planning And Zoning Commission Notice Of Variance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as amended, for Case ZC-18-018, Edward and Cynthia Tapia, Owner of Record, requesting (V-18-018) Variance for maximum accessory building area from 1, 800 square feet to 2,265 square feet, for Pin # 16-05-16-302-008-0000, in Homer Township, commonly known as 14938 W. Cedar Glen Dr., Homer Glen, IL
Chairman Vallone announced Zoning Case ZC-18-018 is a request for a variance by applicants Edward and Cynthia Tapia.
Janine Farrell from staff opened discussion of the request.
The applicants are requesting a variance for maximum accessory building area from 1,800 square feet to 2,265 square feet in order to build a 1,536 square foot pole building at the rear of the property. The parcel is about 48,129.2 square feet and is located in Cedar Glen Subdivision in Homer Township.
A letter from the Will County Health Department stated the Department has no objection to a variance for maximum accessory storage on the referenced property in order to build a detached storage building as shown on the site plan.
No objections were received from any governmental agencies.
Photographs of the site and surrounding E-2 parcels were displayed.
The applicant would be permitted to construct up to a 1,071 square foot accessory building under the R-2 zoning district regulations. None of the parcels within the Cedar Glen Subdivision appear to have detached structures measuring over 1,500 square feet.
It is staff's opinion that the requested variance does have the potential to alter the essential character of the area. Staff recommended denial of the request.
Mrs. Peterson asked Janine did you receive any correspondence or calls from any adjacent property owners?
Janine said she received numerous calls from neighbors in the subdivision. They were asking what the variance was for. She explained what the variance was for and the process. They did not object to the request. They basically wanted to know what was going on.
Chairman Vallone asked are they going to have to get permission from the Township to put another driveway in?
Janine said there was some concern from the neighbors regarding a second driveway entrance. It would be up to the road authority to grant that second driveway entrance permit.
The Chairman asked are there swales and ditches along that property line?
Janine noted near the front of the house there was more of a drainage area.
Edward Tapia said it's not a pole building. It's a garage that will follow the characteristics of the house. He and his wife moved to this subdivision because of the over-sized lots and for the fact that various neighbors in the subdivision have a second detached garage. Not just a shed. He spoke to the Homer Township Highway Department and he had no problem with a second driveway.
6. Motion to approve a variance for maximum accessory building area from 1,800 square feet to 2,265 square feet for Zoning Case ZC-18-018.
The motion caried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Michael Carruthers, Commissioner
Seconder: Thomas White, Commissioner
Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson
Absent: Lagger
7. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-18-021, Mark Chellios, Owner of Record, Requesting Special Use Permit (S-18-009) for an Attached Accessory Dwelling Unit and Variance for Maximum Accessory Dwelling Unit Area from 650 square feet to 1,395 square feet, for Pin #14-12-07- 202-006-0000, in Manhattan Township, Commonly Known as Vacant Property on West Creek Drive, Manhattan, IL
Chairman Vallone announced Zoning Case ZC-18-021 is a request by Mark Chellios for a special use permit and a variance. He asked Janine from staff to open up discussion of the case.
Janine Farrell stated Zoning Case ZC-18-021 takes place in Manhattan Township. The applicant is requesting a special use permit for an attached accessory dwelling unit and a variance for the size of that accessory dwelling unit.
The applicant would like to build a new residence with a related living area for the applicant's parents.
The parcel is 0.47 acres and is located in Ranch Oaks Subdivision. The subject property is currently vacant. A site plan of the proposed residence was displayed.
The parcel is zoned R-4 and is surrounded by R-4 zoning.
Recent amendments to the Will County Zoning Ordinance allow for accessory dwelling units either attached or detached to the principal dwelling unit. The accessory dwelling unit is to include a kitchen, bathroom facilities, a laundry room, a bedroom with a closet, a living room area and a half bath.
No objections were received from any of the agencies notified of the request. Staff does not feel approval of the requested special use or variance will be detrimental to the Township or the area.
The Will County Zoning Ordinance states that "only one entrance to a house containing an accessory dwelling unit may be located on a facade that faces a street." The residence will maintain its appearance as a single-family residence and not resemble a duplex or townhouse, which would be out of character with the surrounding neighborhood.
Staff recommended approval of both the special use permit for an accessory dwelling unit, attached and approval of a variance for maximum accessory dwelling unit area from 450 square feet to 1,395 square feet.
No objectors were present.
The applicant had nothing more to add.
8. Motion to approve a special use permit for an accessory dwelling unit, attached for Zoning Case ZC-18-021.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Hugh Stipan, Vice Chairman
Seconder: Thomas White, Commissioner
Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson
Absent: Lagger
9. Motion to approve a variance for maximum accessory dwelling unit area from 650 square feet to 1,395 square feet. for Zoning Case ZC-18-021.
The motion carried unanimously 6-0.
The Chairman informed the applicant the Land Use Committee will only hear the special use. The variance is done right now.
Result: Approved [Unanimous]
Mover: Hugh Stipan, Vice Chairman
Seconder: Thomas White, Commissioner
Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson
Absent: Lagger
10. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended, for Zoning Case ZC-18-022, Walter J. Arnhold Declaration of Trust and Cynthia B. Arnhold Declaration of Trust; Walter J. and Cynthia B. Arnhold, Undivided 50% Interest, Cynthia Arnhold, Agent, Requesting Special Use Permit (S-18-022) for Elderly Cottage Housing Authority (ECHO), for Pin #10-11-10-200-008-0000, in Jackson Township, Commonly Known as 24300 South Rowell Avenue, Elwood, IL
The Chairman announced Zoning Case ZC-18-022. The applicants are Walter and Cynthia Arnhold. They are requesting a special use permit for ECHO housing. He asked Jessica from staff to open discussion of the case.
Jessica Gal stated Zoning Case ZC-18-022 takes place in Jackson Township. The applicants are requesting ECHO housing to provide housing for their elderly parents. The property is part of the Davidson-Westphal-Arnhold Farmstead that has been in the family since the early twentieth century. The entire parcel is 79.34 acres. The applicant has designated approximately 0.50 acres for the special use permit area.
An aerial of the existing residence and site plan of the proposed ECHO housing unit were displayed.
Staff does not feel the proposed special use will be detrimental to the area and that it matches the uses in the area.
Staff recommended approval of a special use permit for ECHO housing with the following one (1) condition: 1. Upon fourteen (14) days of written notice to the owner of record and/or operator at their last known address, Will County Land Use Department and Will County Sheriff's Department employees are hereby granted the right of entry in and upon the premises for the purpose of inspecting the premises and uses thereon for compliance with the terms and conditions of this special use permit.
Comments were received from the Illinois Department of Natural Resources, Will- South Cook Soil and Water Conservation District and the City of Joliet. The City of Joliet was wondering about the regulations related to the ECHO housing unit if it needs to be removed; which it is only there on a temporary basis until it is no longer needed.
Will-South Cook Soil & Water Conservation District Report and the IDNR Report state that the activity taking place on the property will have little to no effect on the existing land and the environmental effects of the desired action do not differ in character from those associated with the existing agricultural-support facilities.
11. Motion to approve a special use permit for ECHO housing with one (1) condition for Zoning Case ZC-18-022.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Kimberly Mitchell, Commissioner
Seconder: Hugh Stipan, Vice Chairman
Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson
Absent: Lagger
12. Will County Planning And Zoning Commission Notice Of Variance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as amended, for Case ZC-18-024, Amaro and Margaret Amaro Living Trust, Owner of Record, Jorge Amaro and Margaret Amaro primary beneficiaries, requesting (V-18-024) Variance for minimum street setback from 30 feet to 25.2 feet, for Pin # 15-08-10-201-004-0000, in New Lenox Township, commonly known as 711 New Lenox Street, New Lenox, IL
The Chairman announced Zoning Case ZC-18-024. The applicants are Jorje and Margaret Amaro. He asked Jessica from staff to open up the case.
Jessica Gal stated Zoning Case ZC-18-024 takes place in New Lenox Township. The applicants are requesting a variance for minimum street setback from 30 feet to 25.2 feet in order to build a covered porch addition to provide cover over the entryway, the existing stoop, and a portion of the concrete walkway. Without the variance the applicant is unable to meet the setback from the street.
The property is zoned R-3 and is surrounded by R-3 zoned properties. However, there is an R-1 zoned property to the west that lies within the Village of New Lenox.
Staff stated the plight of the owner is not due to unique circumstances. Nearby homes on this street were built at or very close to the 30 foot setback requirement as well. There are no homes on this street improved with a covered porch addition that encroaches into the street setback requirement. Staff stated, if granted, the variance will alter the essential character of the area.
Staff recommended denial of the requested variance for street setback from 30 feet to 25.2 feet.
Mrs. Peterson asked are the houses on either side of the street a little closer?
Jessica said all the houses appear to be pretty flush but they're all built differently. They all seem to meet that 30 foot setback and don't seem to have had any additions since the houses were originally built.
Mrs. Peterson asked Jessica are you aware of any phone calls or correspondence from any adjacent property owners that weren't able to get the staff report?
Jessica stated no. I haven't received a single phone call on this.
Jorge Amaro said they were the last house built in their subdivision and they are the only two story house. All the other houses are a one and a half story or one story ranch. The applicant provided photographs of homes in the area that have roofs with overhangs that provide shelter from the elements. Most of them have a big overhang that protects the door. Some have an alcove in front with an overhang that helps protect them from the weather. The porch addition would extend approximately 5 feet from the existing home and measures approximately 9 feet in length. It provides cover over the entryway, the existing stoop, and a portion of the concrete walkway.
Chairman Vallone asked the applicant how far is the house exactly from the edge of the road? Is it about forty feet?
Jorge Amaro said it's more like 55 feet.
13. Motion to approve a variance for minimum street setback from 30 feet to 25.2 feet for Zoning Case ZC-18-024.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Hugh Stipan, Vice Chairman
Seconder: Kimberly Mitchell, Commissioner
Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson
Absent: Lagger
VI. Other
1. Will County Planning And Zoning Commission Notice Of Variance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as amended, for Case TUP-18-003, Cole Morgan, Owner of Record, requesting a Temporary Use Permit for a Vintage Fair outdoor market, for Pin # 05-06-33-300-006-0000, 05-06-33-300-013-0010 and 05-06-33- 300-013-0020 and 05-06-33-300-013-0020, in Troy Township, commonly known as 24550 W. Shepley Road, Minooka, IL
Chairman Vallone announced Temporary Use Permit TUP-18-003. The owner of record is Cole C. Morgan. Jessica from staff opened discussion of the request.
Jessica Gal stated she received an email from Cassie VanTassel, the applicant, that she would be unable to attend tonight's meeting due to an unforeseen emergency. She was not available. Ms. Gal said it is her hope the Commission will approve the request for the Vintage Fair Market.
This will be the 5th year for this market. It has been a quiet, successful venture.
TUP-18-003 is a request for a temporary use permit for the outdoor sales of handcrafted goods, antiques, and food. It has gone before the Planning and Zoning Commission since 2014. It is located at 24550 W. Shepley Road in Minooka.
The applicant has indicated there will be 30 to 50 vendors with anywhere from 300 to 500 attendees per event. Food vendors will be located at least 20 feet away from the vendor area.
This event will take place the last Sunday of each month, beginning on May 27, 2018 and ending on October 28, 2018, from 8 a.m. to 3 p.m. The highway commissioner was notified. Two fire districts traverse the site. The applicant will have to work with them to assure adequate fire extinguishers are provided.
There will be a separate entrance and exit for attendees to use. The existing parking area accommodates up to 150 cars. Portable toilet facilities will be located between the parking area and the vendor area.
Staff recommended approval of the temporary use permit for outdoor sales of handcrafted goods, antiques, and food with the following nine (9) conditions:
1. Temporary Use Permit TUP-18-003 is valid from May 2018 through October 2018 on the last sunday of each month from 8:00 a.m. to 3:00 p.m.
2. The temporary use permit shall comply with all requirements outlined in the attached Building Division review.
3. Parking on Shepley Road is prohibited.
4. If necessary, traffic control shall be provided by the Will County Sheriff's Office.
5. The site must be cleared of all debris, tents, and other temporary use material within 2 hours after closing of the event on each Sunday.
6. Temporary signs advertising the event must be on-premise, placed no sooner than the day of the event, and removed within 2 hours after closing of the event on each Sunday.
7. Ingress and egress to the temporary use permit must be clearly designated and marked on the property for patrons of the event.
8. The temporary use shall comply with all requirements of the Will County Health Department.
9. The temporary use shall comply with all requirements of the Minooka Fire Protection District and/or Troy Fire Protection District.
There have been no known issues in the five years this event has taken place.
No objectors were present.
2. Motion to approve Temporary Use Permit TUP-18-003 for the outdoor sales of handcrafted goods, antiques, and food with nine (9) conditions.
The motion was approved unanimously 6-0.
Result: Approved [Unanimous]
Mover: Michael Carruthers, Commissioner
Seconder: Thomas White, Commissioner
Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson
Absent: Lagger
3. Will County Planning And Zoning Commission Notice Of Variance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as amended, for Case AAD-18-001, Palos Sportsmans's Club, Standard Bank and Trust, Trust #11081, Robert Buhs, Agent, requesting Appeal of Administrative Decision restricting the height of outdoor light poles on an A-1 property to 25 feet the determination that the outdoor lighting is improperly shielded causing light and glare spillover on adjacent properties, for Pin # 18-13-12-200-001-0000, in Green Garden Township, commonly known as 24044 and 24160 S. Harlem Avenue, Frankfort, IL
Chairman Vallone announced Appeal of Administrative Decision AAD-18-001. The applicant Palos Sportsman's Club/Standard Bank and Trust. Robert Osterberg, Sebastian Scalone, Joe Schillaci, Robert M. Buhs, John Koziol, Mark Owczarak, Steve Sefcik, Lyle Schear, Dan Hahn all equal interests.
Janine Farrell from staff opened discussion of the case. Appeal AAD-18-001 takes place in Green Garden Township. The applicant is appealing the Land Use Department's decisions as related to 155-2.30-B and 155-14.110.
The applicant believes that the light poles are not subject to Section 155-2.30-B since it relates to accessory buildings and the applicant also believes that the light sources are properly shielded in accordance with 155-14.110.
An aerial photograph of the A-1 zoned parcel was displayed that is owned and operated by the Palos Sportsman's Club. It is a private recreational club for hunting and shooting.
The Palos Sportsman's Club installed outdoor lighting, shooting platforms and additional gravel to the parking lot in 2017 without obtaining building permits. They were put into violation for this work.
Subsequently, they applied for and received permits for the shooting platforms only. The subject of the appeal has to do with the height and the shielding of the lighting.
Since this is a private club, the height is restricted to twenty-five feet (25') based on the lot and building standards for the A-1 zoning district. The applicant's light poles themselves measure twenty-five feet (25'). They are on a concrete footing and then there is the light source on top of the pole so it is exceeding that twenty- five foot maximum height restriction.
Chairman Vallone asked by how much?
Janine said she would have the applicant speak to that. She doesn't have the exact measurement in front of her.
The Chairman said I'm just talking about from the top of the lamp to the ground.
Janine said the applicant is also appealing our determination that the light sources are not properly shielded to prevent light from glare spillover. Provision 155- 14.110-B-3 was displayed which states "all light sources must be shielded to prevent light and glare spillover to adjacent property and abutting rights-of-way."
While the lights are shielded they do not prevent light spillover.
Diagrams of properly shielded lighting sources were displayed. All these light sources show light being cast downward instead of outward. So it was the determination of the Land Use Department that these light sources were not properly shielded and were creating light glare spillover.
Hugh Stipan asked how near is the closest house to the light poles?
Janine displayed photographs showing where the shooting platforms were and the nearest residential property. Janine said the photometric plan shows they are in compliance but the way they are oriented casting light out it is still creating glare on abutting property owners and the right-of-way.
Chairman Vallone asked which property owners is it putting the glare on?
Janine indicated to the west but it's really lighting up the whole facility.
Hugh Stipan asked how far is that property to the west from the light poles?
Janine said I don't have the number for that. I'd have to go back to their plat of survey. Chairman Vallone said on the site plan it says one inch (1") is forty feet (40') so it looks like it's a hundred feet (100') in inches. As it goes north it looks like it's further away.
Robert Buhs said I'm one of the directors of Palos Sportsman's Club. He thanked Land Use Staff (Janine, Brian, Caroline) for all their help going over all this. They do have the site plan for the gravel in and paid all the fees for the gravel added. They provided all the documents that Nicole needed. They have the permit for that. All they have left are the lights. The lights meet the code. The issue is basically the shielding.
In 1987 they bought the property in Frankfort and moved the club from Palos. The original clubhouse showed field lights on the print stamped by the Will County Building Department. Mr. Buhs said he brought that blueprint in. When this project was brought forward those lights were on there in 1987. The lights were set in August, September. They were getting complaints about the glare and light spillover so they went out and walked the grounds and confirmed that and are taking corrective action. They have started to lower those lights. The closest house to the west is about a quarter mile.
Mr. Buhs said regarding the question about height. The poles are twenty-five feet on six inches of concrete.
Patrick Ruberry said he is an attorney but he is also a club member. He pointed out that the section of the ordinance they are referring to 110 was amended in January and it expressly exempts agricultural area. So the section he is referring to regarding light shields no longer applies to agricultural districts. They want to position their equipment so that they are minimizing glare and spillover. Mr. Ruberry said that part of the ordinance does not apply to them since they are in an agricultural district. They have been a good neighbor. They have been in this area is 1989. They do not want to interfere with anyone else's enjoyment of their property. They have been working with staff and will continue to do so. They do believe they are within their rights to have the lights and to use them in the manner they are using them now.
The Chairman asked is the light source an LED light?
Mr. Buys said yes.
Chairman Vallone said he believes with LED lighting you do have different grades. He asked how many nights a week are these lights on?
Mr. Buys said they are open one night a week. Friday nights. He said they can't even go all year because the sun comes directly west and you can't shoot. They are looking at September 1 to about March 1st. Also, during the Fall weather conditions limit use and they are closed. The noise curfew is about 10:00 o'clock in Will County.
Chairman Vallone said he took a ride by the gun club that is on 191st Street that has been there maybe even longer than their club. Their poles are around 18 to 20 feet. I understand that's a different area and yours is more rural.
John Vincent said he lives west of the sportsman's club. He said he was there on behalf of 131 residents that signed a petition because the Palos Sportsman's Club lights are very intense and glaring to the residents. It effects their quality of life immensely. The objector presented photographs.
The Chairman asked him what time of night was that?
Mr. Vincent stated about 7:30 at night. If you allow these lights to stay you'll be setting a precedent for all of Will County.
Chairman Vallone asked Mr. Vincent was there a problem before the expansion on the south end of their property?
John Vincent stated the pictures he presented were of five lights being lit. Not all nine.
Tom White asked Mr. Vincent since they have corrected this have you noticed a difference?
Mr. Vincent said not at all.
Don Murday said he is the Green Garden Planning Chair. He is also an attorney. Mr. Murday said the people in Green Garden Township are very grateful for the efforts of the Land Use Department and the County in their efforts to look out for the people in Green Garden. They take great pride in the rural aspect of their township. That is the primary reason why they are here tonight.
Mr. Murday stated the applicant and their attorney have stated they want to be good neighbors. If they wanted to be good neighbors they would have come to Will County before they raised this. They should have come to Green Garden Township and said this is what we want to do. They never did that. They went ahead and built it and when they were caught they asked for forgiveness. They didn't ask for permission.
Mr. Murday said this is not about guns or gun usage. Land Use has done a fine job with their ordinance. I will leave that up to them to enforce it. Mr. Murday talked about respect for the process and respect for the residents. There is no respect for the process or for the residents. They went ahead and did what they wanted to do. He started to get calls and complaints in September when these went up. He drove by and saw the lights and the shooting and wondered what is this. No one had come to the township and they knew nothing about it.
Mr. Murday said he lives in Erinwood Subdivision about a mile and a half away and he sees the glare. Mr. Murday read the preamble of the petition that contained 131 signatures.
Petition of Green Garden Township Residents Directed to the Will County Planning and Zoning Commission
We, the undersigned residents of Green Garden Township, are aware that the Palos Gun Club, located at the property commonly known as 24160 South Harlem Ave., Frankfort, Illinois 60423, has installed lighting at the subject property to allow the continued use of the Club during night hours-specifically the discharge of firearms after sundown. We object to the night activity (gunfire) at this location, and are especially opposed to the lighting at the subject premises. We live in this community to get away from artificial light sources and enjoy the darkness and solitude of the night sky. The current lighting at the subject property creates light and glare that can be seen for miles beyond the gun club. The light spillover creates a nuisance and greatly diminishes the value and enjoyment of our property. We respectfully ask this Commission to follow the decision of the staff of the Will County Land Use Department and not permit the existing structures to stand.
Chairman Vallone pointed out they see sometimes two cases a month and possibly over twenty cases a year where people just go ahead and build things without ever coming in for a permit. Since he has come on this board the County has developed regulations for lighting. He asked Mr. Murday if the applicant makes adjustments and comes into compliance with the County's regulations regarding lighting is that something the township can live with? If not, they are going to have to figure out what they're going to do with it.
Mr. Murday said he obviously can't speak on behalf of the township but honestly if they are acting in conformity of what the County says then they will look at whatever options they have to see if there is any avenue for relief. If the glare is still there and the residents are still upset by it and the County says they are okay with it then it is incumbent upon them to see if there are any other avenues of relief.
Kim Mitchell said what about the noise? The shooting at night?
Mr. Murday said absolutely there's noise.
Glen Clarke said a couple words that came to mind when he was listening to Mr. Murday speak were trust and consistency. Mr. Clarke said the 131 objectors represent seventy homesteads. Mr. Clarke objected to the lights, the glare, noise, decrease in property values and overall lack of his enjoyment of his property.
Jim Nolan stated he is the Green Garden Township Supervisor. They said they got 132 signatures. I got 132 phone calls. He talked about going down Stuenkel Road and the glare from these lights in your eyes causing a safety hazard. They shouldn't be allowed to continue this.
Robert Buys said they have made adjustments and will probably have to have the Land Use folks come out and look at them again. Mr. Buys talked about duck hunters and goose hunters shooting on property across the street from them about a half an hour before sunrise and a half an hour after sunset during hunting season. They shoot right across the street from them. It's another private owner; private club. They have a large pond so they have ducks blinds on there, as well. They know the curfew and they know their rights and they have been doing it for twenty-five years and will continue, hopefully on that same note.
Mr. Buys said the lights were on those site plans in 1987. Shame on us we didn't pull permits. That's why we're here. That's why we're going through the process. Everything else. The Land Use folks have been out there and we're square.
Mrs. Peterson asked the gentleman can you tell me personally where you live?
I have lived for twelve years in Tuscan Hills Subdivision. He and his wife just moved into New Lenox when they down sized due to the death of a family member.
Mrs. Peterson said I want to know where you live.
Patrick Ruberry stated 1306 W. Wrightwood, Chicago.
Chairman Vallone asked Janine if the Palos Gun Club brings that pole within the height limit that the County says and works with the County on the light so it doesn't go onto other properties would they still be able to actually do that? If they shorten those poles by thirty inches or whatever it takes to get it below twenty-five feet and work with the County on the lighting is it still an option for the gun club?
Janine suggested the Commission table the case and the applicant work with staff to try and come into compliance.
Matt Guzman said they feel they are in compliance with the County's codes and ordinances and we are saying that they aren't.
Janine explained that if the Commission were to deny the appeal the applicant would have to apply for a variance for pole height, bring the lighting source into compliance or remove them altogether.
Hugh Stipan asked has anybody gone out and checked the lumens?
Janine said we have the photometric plan that was submitted. The photometric plan shows them to be in compliance but it was the glare issue. Staff has gone out there to see the glare. Not with a light meter. It doesn't say it has to be "x" lumens. Just visually check is there glare and spillover. According to the photometric plan the actual spillover in foot candles is actually in compliance. It is the glare that is creating the spillover on neighboring properties.
Mrs. Peterson asked, Janine, when did this night shooting begin?
Mr. Buys said they were testing lights in September. He said it was Labor Day they were testing the lights but they didn't actually open up to shooting with the membership until October 1st.
Mrs. Peterson asked, why did you decide to start shooting at night?
Mr. Buys said they always shot one night a week.
Mrs. Peterson said she drives by there all the time but one time when she was driving down Stuenkel Road coming home from a meeting she saw the lights and they weren't even these big lights. She said she wouldn't want to live anywere near there.
Mr. Ruberry said it's a much different situation now.
4. Motion to table Appeal of Administration Decision AAD-18-001 to June 19th.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Hugh Stipan, Vice Chairman
Seconder: Michael Carruthers, Commissioner
Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson
Absent: Lagger
VII. Executive Session
VIII. Announcements
Mrs. Peterson asked Janine about the Commission's meeting in July and it was stated that the meeting in July was moved to Thursday, July 5th.
IX. Adjournment
1. Next Meeting will be on June 5, 2018
2. Motion to adjourn the meeting.
The motion carried unanimously 6-0.
The meeting was adjourned at 8:35 pm.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Michael Carruthers, Commissioner
Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson
Absent: Lagger
X. Visit www.willcountylanduse.com to view agendas and staff reports
https://willcountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=2968&Inline=True
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