City of Lockport Planning & Zoning Commission met April 9

By Kristine Gonzales-Abella

Aug 5, 2019

City of Lockport Planning & Zoning Commission met April 9.

Here is the minutes provided by the commission:

REGULAR MEETING of the Plan and Zoning Commission of the City of Lockport, Illinois was held on Tuesday, April 9, 2019, at 7:01 p.m. in the 3rd Floor Board Room, Central Square, 222 E. Ninth Street, Lockport, Illinois.

1. CALL TO ORDER

2. ROLL CALL

PRESENT: Chairman, Dave Oxley

Commissioner, Bill Molony

Commissioner, Scott Likins

Commissioner, Janine Wheeler

Commissioner, Will Pinn

Commissioner, Ken Shepard

Commissioner, Brent Porfilio

ABSENT: None.

ALSO PRESENT:

City Attorney, Sonni Choi Williams

City Planner, Kimberly Phillips

Cathy Wilker, LCTV

Brian Bierovic, LCTV

Independent Engineering Consultant, Bob Schmude

Project Engineer, Philip Hyma

3. MINUTES OF PREVIOUS MEETING

There was a discussion on the policy decision by the Commission that the minutes need to contain more details, especially when an application was denied. City Attorney Williams opined that the Open Meetings Act does not require a verbatim recording of the meeting for the minutes, just a summary of what occurred during the open meeting, but on the other spectrum is the brevity of the summary.

Some of the Commissioners voiced concerns that on items that particularly garner more public attention require some more details on why the Commission recommended denial.

City Attorney will discuss the Commission’s direction with the City Clerk and the City Administrator on how to proceed in the future as far as the level of detail on the minutes.

MOTION TO APPROVE THE MEETING MINUTES OF THE MARCH 12, 2019 PLAN & ZONING COMMISSION MEETING WITH THE CORRECTIONS AS NOTED ON THE RECORD, MOTION MADE BY PROFILIO, SECONDED BY LIKINS. ROLL CALL CARRIED BY THE FOLLOWING VOTE:

AYES: Commissioner, Bill Molony

Commissioner, Janine Wheeler

Commissioner, Will Pinn

Commissioner, Ken Shepard

Commissioner, Scott Likins

NAYS: Chairman, Dave Oxley

ABSTAIN: None

ABSENT: None

4. PUBLIC HEARING

Case No. 2019-009 Rezoning from A1 Agricultural Zoning District (Unincorporated Will County) to R1 Single Family Zoning District (City of Lockport), 16253 W. 163rd Street. Applicant: David & Laurel Rowley, as Trustees of the David B. and Laurel S. Rowley Dec Trust Staff Presenter: Kimberly Phillips, City Planner

MOTION TO OPEN PUBLIC HEARING, MADE BY PORFILIO, SECONDED BY MOLONY, APPROVED BY VOICE VOTE AS FOLLOWS:

AYES: Chairman, Dave Oxley

Commissioner, Janine Wheeler

Commissioner, Bill Molony

Commissioner, Brent Porfilio

Commissioner, Scott Likins

Commissioner, Ken Shepard

Commissioner, Will Pinn

NAYS: None

ABSTAIN: None

ABSENT:

No members from the public came forward.

City Planner Kimberly Phillips presented the staff report on the rezoning request by the owners of the property located at 16253 W. 163rd Street.

City Attorney stated that this was the second property of the three properties in this pocket area that are wholly bound by the City’s boundaries. The City’s initiative is to annex these properties in order to get public right of way along 163rd Street, fill some of the gaps in unincorporated areas, and help to close the loop in the water flow that will improve the quality of water to the rest of the City. It is anticipated that the third property in this pocket area will be considered at the next PZC meeting’s agenda for a rezoning request.

MOTION TO CLOSE PUBLIC HEARING, MADE BY PORFILIO, SECONDED BY LIKINS, APPROVED BY VOICE VOTE AS FOLLOWS:

AYES: Chairman, Dave Oxley

Commissioner, Janine Wheeler

Commissioner, Bill Molony

Commissioner, Brent Porfilio

Commissioner, Scott Likins

Commissioner, Ken Shepard

Commissioner, Will Pinn

NAYS: None

ABSTAIN: None

ABSENT: None

The question was presented by a Commissioner regarding the storage containers and vehicles that are currently on the property presenting code enforcement issues. The City Attorney stated that the proposed annexation agreement contained a provision that the conditions of the property that are considered to be in non-compliance with the City’s current Codes would be considered legal non-conforming use and would be allowed to continue as long as the legal non-conforming uses are not expanded or require replacement. In addition, it was noted that such conditions would be addressed by the City Council on whether this property should be annexed and whether the parties, the City and the owners, would agree that such conditions be allowed to continue.

Regardless of this, Commissioner Molony stated that he would like to add that condition to the Commission’s recommendation to the City Council, so he made the motion that the approval of the rezoning request be subject to the condition upon the property owner to remove the storage containers and the dilapidated vehicles that are in violation of the City’s current Codes.

MOTION MADE BY MOLONY WITH THE CONDITION STATED ON THE RECORD, SECONDED BY PROFILIO TO RECOMMEND APPROVAL OF THE REZONING REQUEST. APPROVED BY THE FOLLOWING ROLL CALL VOTE:

AYES: Chairman, Dave Oxley

Commissioner, Bill Molony

Commissioner, Janine Wheeler

Commissioner, Will Pinn

Commissioner, Brent Porfilio

Commissioner, Scott Likins

Commissioner, Ken Shepard

NAYS: None

ABSTAIN: None

ABSENT: None

PH-2. Case No. 2019-007 Special Use Permit for Public School Athletic Fields and Final Development Plans for Parking Lot Expansion and Field Improvements (Lockport Township High School - District 205) / 800 Garfield Street. Applicant: William Thompson, on behalf of Lockport Township High School Staff Presenter: Kimberly Phillips, City Planner

MOTION TO OPEN PUBLIC HEARING, MADE BY PORFILIO, SECONDED BY LIKINS, APPROVED BY VOICE VOTE AS FOLLOWS:

AYES: Chairman, Dave Oxley

Commissioner, Janine Wheeler

Commissioner, Bill Molony

Commissioner, Brent Porfilio

Commissioner, Scott Likins

Commissioner, Ken Shepard

Commissioner, Will Pinn

NAYS: None

ABSTAIN: None

ABSENT: None

City Planner Kimberly Phillips presented the staff report.

Doug Tierney who lives at 1126 S. Hamilton, but owns a property at 620 Division, asked about whether there was a traffic count done around the surrounding area because he believed that before so much tax payers’ money go into improving this property, more study should be done on the traffic issue in the area.

Wayne _____, a representative from the LTHS, was present to answer the question from Commissioner Profilio on the removal of the tennis courts. He indicated that this is a first phase of development to improve the area that has not been improved in years. Tennis courts are expensive to maintain and that the school has more tennis courts than most other schools. The school district did not want to rush to the development and would talk to the City and the Park District on the best use of the school district.

MOTION TO CLOSE PUBLIC HEARING, MADE BY SHEPARD, SECONDED BY PROFILIO, APPROVED BY VOICE VOTE AS FOLLOWS:

AYES: Chairman, Dave Oxley

Commissioner, Bill Molony

Commissioner, Brent Porfilio

Commissioner, Scott Likins

Commissioner, Ken Shepard

Commissioner, Will Pinn

Commissioner, Janine Wheeler

NAYS: None

ABSTAIN: None

ABSENT: None

The question on the traffic study on Division St. and Briggs was discussed again and the Chairman pointed out that the increase in traffic is due to timing and traffic pattern which is hard to attribute to this current applicant. The traffic problem is due to the general increase in traffic as part of the growth of the community with more people using Division to get onto Briggs Street. In response to the question of whether a traffic study was done, City staff indicated that no such study was done since no such study was required as part of the application’s approval process.

Commissioner Profilio specifically requested and emphasized that the minutes reflect his comment that there should be a right in and right out of the driveway from the Division and there should be a cost-benefit analysis of the Lockport Township High School’s decision to remove the tennis courts.

MOTION MADE BY PROFILIO, SECONDED BY PINN TO APPROVE A SPECIAL USE PERMIT FOR PUBLIC SCHOOL ATHLETIC FIELDS. APPROVED BY THE FOLLOWING ROLL CALL VOTE:

AYES: Chairman, Dave Oxley

Commissioner, Bill Molony

Commissioner, Brent Porfilio

Commissioner, Scott Likins

Commissioner, Ken Shepard

Commissioner, Will Pinn

NAYS: None

ABSTAIN: Commissioner, Janine Wheeler (Item involves current employer)

ABSENT: None

MOTION MADE BY PROFILIO, SECONDED BY SHEPARD TO APPROVE FINAL DEVELOPMENT PLANS FOR PARKING LOT EXPANSION AND FIELD IMPROVEMENTS TO THE LOCKPORT TOWNSHIP HIGH SCHOOL ATHLETIC FIELDS WITH THE CONDITION BY COMMISSIONER PROFILIO THAT THERE SHOULD BE A RIGHT IN AND RIGHT OUT OF THE DRIVEWAY FROM THE DIVISION AND THERE SHOULD BE A COST-BENEFIT ANALYSIS OF THE LOCKPORT TOWNSHIP HIGH SCHOOL’S DECISION TO REMOVE THE TENNIS COURTS. APPROVED BY THE FOLLOWING ROLL CALL VOTE:

AYES: Chairman, Dave Oxley

Commissioner, Bill Molony

Commissioner, Brent Porfilio

Commissioner, Scott Likins

Commissioner, Ken Shepard

NAYS: Commissioner, Will Pinn

ABSTAIN: Commissioner, Janine Wheeler (Item involves current employer)

ABSENT: None

PH-3. ITEM BEING CONTINUED TO MAY AGENDA

Case No. 2019-006: Special Use Permit for a Unique Use for a Doggy Day Care within the O2 General Office District, and Final Development Plan.

City Planner Kimberly Phillips indicated that this application will be continued to the PZC’s May meeting.

5. NEW BUSINESS

None.

6. OLD BUSINESS

None.

7. CITIZENS TO BE HEARD

None.

8. CHAIRMAN’S REPORT

None.

9. COMMISSIONER’S REPORT

None.

10. STAFF REPORT

City Attorney pointed out that there was a need to make sure that public hearings proceed in a manner to protect decorum and civility. Therefore, it was advised that statements regarding procedure and process be stated prior to the start of the public hearings so that everyone knows the rules regarding time limitations and the process instead of informing them in the middle of the hearing.

11. ADJOURNMENT

MOTION TO ADJOURN WAS MADE BY COMMISSIONER PROFILION, SECONDED BY COMMISSIONER LIKINS, AT 7:51 PM. MOTION CARRIED BY VOICE VOTE:

AYES: Chairman, Dave Oxley

Commissioner, Janine Wheeler

Commissioner, Bill Molony

Commissioner, Brent Porfilio

Commissioner, Scott Likins

Commissioner, Ken Shepard

Commissioner, Will Pinn

NAYS: None

ABSTAIN: None

ABSENT: None