Will County Planning and Zoning Commission met Aug. 4.
Here is the minutes provided by the commission:
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
John Kiefner led the Pledge of Allegiance.
III. ROLL CALL AND DECLARATION OF QUORUM
Chairman Hugh Stipan called the meeting to order at 6:32 PM
Attendee Name | Title | Status | Arrived |
Thomas White | Vice Chairman | Absent | |
Michael Carruthers | Commissioner | Present | |
Kimberly Mitchell | Commissioner | Absent | |
Hugh Stipan | Chairman | Present | |
Barbara Peterson | Secretary | Present | |
John Kiefner | Commissioner | Present | |
Roger Bettenhausen | Commissioner | Present |
Land Use Staff present were Kris Mazon, Lisa Napoles, Marguerite Kenny, Dawn Tomczak, Janine Farrell, Brian Radner, and Colin Duesing.
Chris Wise was present from the Will County State's Attorney's Office.
IV. APPROVAL OF MINUTES
1. WC Planning and Zoning Commission - Public Hearing - Jul 7, 2020 6:30 PM Approved with no corrections or additions.
RESULT: APPROVED [UNANIMOUS]
MOVER: Roger Bettenhausen, Commissioner
SECONDER: Michael Carruthers, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen
ABSENT: White, Mitchell
V. ZONING CASES
Chairman Stipan announced we have 5 of the 7 Commissioners here tonight. If anyone feels they would like to have the full Board before them, we can move their case when their case is called, to another date. Otherwise, it takes a quorum of 4 to pass your vote, and we have 5 people here.
All speakers were sworn in by Chairman Stipan.
1. WILL COUNTY PLANNING AND ZONING COMMISSION NOTICE OF OF TEMPORARY USE PERMIT PURSUANT TO SECTION 155-10.20 OF THE WILL COUNTY ILLINOIS ZONING ORDINANCE Adopted and Approved September 9, 1947 as amended, for CaseTUP-20-010; Todd Northrup, Owner of Record, requesting temporary use permit to allow two male pet pigs to live on the R-3 zoned property, for Pin # 23-16-30-401-024-0000, in Crete Township, commonly known as 27007 S. Juniper Drive, Crete, IL
Marguerite Kenny said this case needs to be tabled to September 1st, due to notification missing the deadline.
Motion passed unanimously 5-0, to table the case to September 1, 2020.
RESULT: APPROVED [UNANIMOUS]
TO: Will County Planning and Zoning Commission
MOVER: Roger Bettenhausen, Commissioner
SECONDER: Michael Carruthers, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen
ABSENT: White, Mitchell
2. WILL COUNTY PLANNING AND ZONING COMMISSION NOTICE OF TEMPORARY USE PERMIT TO SECTION 155-10.20 OF THE WILL COUNTY ILLINOIS ZONING ORDINANCE Adopted and Approved September 9, 1947 as amended, for Case tup-20-011, Maple Road Property, LLC , Owner of Record (Gary Schumal of Austin-Tyler Construction, 100% interest), Joseph Hammer of Ruettiger Tonelli & Associates, Inc., Agent; Kenneth Carlson of Tracy Johnson & Wilson, Attorney requesting temporary use permit to stock pile and crush bituminous material and concrete for a construction project located at Gougar Road and Maple Road, for Pin # 30-07-01-303-030-0000, in Joliet Township, commonly known as vacant property on Maple Road, Joliet, Il
Janine Farrell presented Case # TUP-20-011, which takes place in Joliet Township.
This is a Temporary Use request to stock pile and crush bituminous material and concrete for a construction project located at Gougar Road and Maple Road.
The owner of record is Maple Road Property, LLC with Gary Schumal of Austin Tyler Construction with 100% interest. The agent in this case is Joseph Hammer of Ruettiger Tonelli & Associates Inc.
The applicant’s intentions are to transfer large pieces of material and concrete to the site, stock pile it, crush it and return it back to the project site, which is located at Gougar and Maple Road.
This property is located, just to give you some context here, right across the street from the old Hilltop Drive-In. It is actually a vacant parcel that doesn’t have an address right now. To the west is a church, then we have Forest Preserve property to the north. We have a cemetery over here to the east.
The parcel is 12.94 acres and it is zoned A-1 currently.
We also have the Zoning Map up here for you. You can see that it is primarily A-1 in the surrounding area with C-6 to the south for that old drive-in.
This is the Site Plan of the overall site. This one has been tilted the other way. Let me zoom in to show you the detailed image. We have the entrance, or the access, off of Maple where the trucks are going to be coming in. You can see the traffic flow pattern on the site. We have the stock piles shown right here. We have the raw pile, which will then be going into the crusher and that will be the only equipment on the site. Then, it will just be sitting here in the processed pile. Then it will be loaded on the truck with a front-end loader, which would then take that material over to the project site.
Just a couple of details on the Temporary Use. It is anticipated to commence upon approval and then end not later than next year at this time. The hours of operation will be Monday through Saturday from 7 am to 5pm.
There is also a Site Development Permit that we have on file for this property. It’s not specifically in relation to this use, but it is actually for future development of this site.
One thing to note about the hours of operation and the days of operation, Staff has added this as a condition to ensure that neighboring church services would not be interrupted. According to the website, we have Sunday’s at 11am and we have Bible study which is Wednesday’s at 7pm. So, those would fall outside of the permitted hours of operation for this Temporary Use.
These are some images of the site itself. We’re looking from the entrance, basically looking northwest. This is a view of the area where the stock piles and the crusher would be located. This is just a view of the rear of the property. You can see this tree line back here, the Forest Preserve property towards the rear or towards the north. This is an image of the church which is visible from the property itself. You can see there’s a pretty heavy tree line there. This is a view across the street, across Maple, looking towards the old Hilltop Drive-In. We have views in either direction along Maple Road.
The agencies that were notified, we did not receive comments from the Sheriff’s Office or from the East Joliet Fire Protection District.
We did receive comments from IDOT. They were included in your packet, but just to summarize here, that the owner did apply for a Temporary Access Permit for this site.
The Health Department had no objections as long as portable toilet units are available for workers, which was added as a condition.
The latest for you is actually by the Forest Preserve District of Will County. That was provided as a handout memo on your desktops. I’m just going to read this into the record. This is dated July 31st and it is from Cori Crawford, who is the Planning and GIS Coordinator of the Forest Preserve District of Will County. She states that “the Forest Preserve District of Will County (Forest Preserve) appreciates the opportunity to review and comment on the proposed development adjacent to Walnut Hollow. Outline on the project development exhibit dated June 6, 2020, there is earthwork proposed near the mutual boundary of Walnut Hollow. The Forest Preserve requests that all construction activity and equipment must be contained to the project site. Please let me know if you have any questions regarding our comments. Thank you for your time and consideration in this matter”. As you see, Forest Preserve was just asking for all the Temporary Use activity to be contained to this site. We did not add that as a condition since basically that is what you would be approving, only these activities for that specific site.
Staff is recommending approval of the Temporary Use with 3 conditions, as I mentioned. We have the days and times that it would be valid. Commencing tomorrow then through 2021. Then we also have that second condition there which is saying that everything must be cleaned and restored back to the pre
Temporary Use Permit conditions as of August 6, 2021. Also that portable sanitary facilities would be provided in accordance with the Health Department regulations.
That concludes Staff’s analysis. I can take any questions that you might have.
Chairman Stipan asked does anybody from the Board have any questions? No response.
Chairman Stipan said ok, thank you very much. Would the owner or representative please come down?
Joe Hammer from Ruettiger Tonelli & Associates introduced himself to the
Commission. I don’t have anything really to add to the Staff report. I’m here for questions if anybody on the Committee has any questions.
Chairman Stipan said ok, does anyone have any questions?
John Kiefner asked the owner does know the hour restrictions that the County’s putting on and do they agree to them?
Joe Hammer said yes, they do.
John Kiefner said I don’t want to have any neighbors complaining in the future. Joe Hammer said those are standard working hours for construction. Chairman Stipan asked are there any concerned citizens or objectors to this case? No response.
Chairman Stipan said ok, thank you very much sir.
Joe Hammer said thank you.
Janine Farrell asked can we check the conference call-in line real quick? Chairman Stipan said oh sure, yes please. I forgot we are a 2-way operation today.
Janine Farrell asked is anyone on the conference line that would like to speak about TUP-20-011, which is on Maple Road?
No response.
Janine Farrell said I don’t think so.
Chairman Stipan said ok.
Motion passed unanimously 5-0, with 3 conditions.
1. The temporary use permit is only valid from August 5, 2020 through August 5, 2021, Monday through Saturday, 7:00a-5:00p.
2. All temporary structures, materials, equipment, and impervious surfaces related to the temporary use must be removed by August 6, 2021.
3. Portable sanitary facilities shall be provided in accordance with Will County Health Department regulations.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Carruthers, Commissioner
SECONDER: Roger Bettenhausen, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen
ABSENT: White, Mitchell
3. WILL COUNTY PLANNING AND ZONING COMMISSION NOTICE OF TEMPORARY USE PERMIT PURSUANT TO SECTION 155-10.20 OF THE WILL COUNTY ILLINOIS ZONING ORDINANCE Adopted and Approved September 9, 1947 as amended, for Case TUP -20-012, John F. Basile, Owner of Record, requesting temporary use permit for Big Run Wolf Ranch Family Day/Open House events and overnight camping, Pin # 16-05-07-300-003-0000, in Homer Township, commonly known as 14857 S. Farrell Road, Lockport, IL
Janine Farrell presented Case # TUP-20-012, which takes place in Lockport Township.
It is a Temporary Use Permit for Big Run Wolf Ranch family day/open house events and overnight camping.
The owner and the applicants in this case is John Basile.
The applicant is intending to operate an annual open house event, which includes overnight camping at Big Run Wolf Ranch which is a wildlife education center.
The property is located, as I mentioned, over in Lockport Township at 14857 S. Farrell Road.
I'm going to start off just with some details here for you to orient you, then we'll move on to the site itself. This is a quick synopsis of the events being proposed. This would be starting upon approval and ending by November 30th of this year. It would take place on Saturdays and Sundays from 9 to 5. It's important to note that this would not be every single weekend. The applicant has requested this just to allow for open dates, should weather challenges arise and due to our current situation with the COVID pandemic.
There are also a couple things proposed as part of this which are music, live animal demonstrations and food service (hamburgers and hot dogs, bottled water and soda).
The applicant does have 2 separate parcels, one of which is in the City of Lockport. The City of Lockport has granted approval of a Temporary Use for their parcel.
There are also portable facilities and hand washing stations throughout the property.
ADA compliant parking will be at the site. Should there be large crowds there, then there would be shuttles from the Wal-Mart, that is located in this vicinity, over to the site itself so that people are not parking on the property. With that being said, the amount of the attendees will all be in compliance with all Phase 4 guidelines and any other future orders or phases that we should move into in the future.
There is also overnight camping that is part of this, which includes backpack tents with access to the water supply which is connected to the residence, portable sanitary facilities and hand washing stations as well.
I have the Zoning Map here on the screen for you. The parcel itself is zoned A-1 and is completely surrounded by the City of Lockport. To the northern side, eastern side and western side, we have Prologis Park, just to give you some context there. So, we have the dead end of Farrell Road coming up. Then to the south, we have the City of Lockport single family residential, R-2 and R-1 with subdivisions there.
This is the aerial image on the screen for you. The parcel itself is 3.268 acres. As I mentioned, the applicant also owns this property right here, which is within the City of Lockport jurisdiction. So, we're only looking at this property although events are occurring on this property as well.
Here are some images on the site looking from the property down Farrell Road, so looking south down Farrell Road towards those residential subdivisions. This is the entrance of the site. If you were basically just to turn around, this would be looking north at the entrance of the site. This is an image of the entrance to the actual center. So, we have a portable sanitary facility, we have a hand sanitizer and shoe sanitizing tray on the ground there.
Here's the Site Plan for you. I'm just again calling out the things on the unincorporated parcel. Here we have the residence, which has an attached garage which is acting as the cafeteria for the food service. Then we also have some animal enclosures right here and right here. Then we have some accessory buildings over there that I did not call out. This area towards the back of the property, or on the eastern side of the property, is the campground.
This is an image of that residence with the attached garage. You can see the picnic area outside, right here. Then, we're going to move inside to the attached garage where the food service is and where the fridges and things like that would be. The grill is out here. Hand sanitizing and hand washing area out there. This is the view looking from that area out towards the animal enclosures. So, you have the view of the pens in the background here. This is a large berm that is on Prologis's property. This is a view looking towards the bear enclosure. This would be the entrance of the property that I had shown you, so we are looking west at this point. This is the creek that runs through it and the bridge. This is a view of the camping area, obviously it’s just sort of a grassy area. This is a view looking back towards the structures on the property, the animal enclosures, from that camping area.
Staff did receive comments from the agencies that were notified. The Sheriff’s Office and Lockport Public Works, which Farrell Road in that area is under City of Lockport’s jurisdiction, we did not receive any comments.
We did receive the 2020 annual inspection, which was completed by the Homer Township Fire Protection District and no violations were found.
We did receive comments from the Health Department that were twofold. One was addressing the food service and one was addressing the overnight camping. In regards to the food service, they do have their Temporary Permit through the Health Department. In regards to the outdoor camping, there was quite a bit of email traffic that was forwarded to me where the Health Department was reaching out to the Illinois Department of Public Health regarding the matter. So, the Health Departments comments in that respect are referring the owner to the Illinois Department of Public Health, the West Chicago branch for further comment.
The Illinois Department of Natural Resources did respond as a late submission. This was provided to you as a handout, as well as a memo. This letter is actually in reference to building on the property that had occurred previously. Since I had mentioned that in the Staff Report, I wanted to provide this as sort of the latest information on part of the case. This is coming from William T. Boyd who is the Acting Chief of the Northeastern Illinois Regulatory Programs Section. It is addressed to the owner, Mr. John Basile. In his letter he states “this concerns your June 22, 2020 application for an Illinois Department of Natural Resources, Office of Water Resources permit for the above-referenced project. The Big Run Wolf Ranch is located in Southwest Section 7, Township 36, Range 11 East of the Third Principal Meridian in Will County. We understand that the Big Run Wolf Ranch constructed non-habitable accessory structures, fences, animal enclosures and modified a bridge across Big Run. According to Panel 366 of the Will County Flood Insurance Rate Map as published by the Federal Emergency Management Agency (FEMA) the property contains floodplain from Big Run. Portions of the unauthorized work is in the floodplain of Big Run. This letter is to inform you, the City of Lockport and the Will County Land Use Department that we have determined that the drainage area to Big Run at the downstream side of the Big Run Wolf Ranch is less than one square mile. Therefore, an IDNR, OWR permit is not required. This determination does not exempt the project from meeting the requirements of any other local, state or federal agency, including the community’s floodplain management ordinance adopted for participation in the National Flood Insurance Program (NFIP). If you have any questions, he provides his contact information.” As I stated, this is not directly related to the Temporary Use, but I wanted to make mention of it because this also does play into the conditions that we are recommending approval with, the 15 conditions.
I’m going to run through some of these conditions. Some are just our standard ones. We typically can approve events of public interest, as we call it, in the office administratively. Because there is the overnight camping component, it has to come before the Planning & Zoning Commission. It’s not something that Staff can approve in the office. So, some of these, you may not have seen before, but they’re standard for events of public interest.
Our first condition here that I’m calling out is obviously just setting an end date and a start date and days and times.
Second is stipulating that the operation is subject to current and future Executive Orders by the Illinois Governor and/or other State of Illinois guidance or regulations regarding COVID-19.
The third condition is that the applicant shall furnish proof of Illinois Department of Public Health approval and/or licensure for the campground use prior to issuance of full Temporary Use Permit approval. This goes back to that Health Department Guidance where Illinois Department of Public Health officials say this use meets their definition of a campground and would therefore require a license through their office.
Condition #4 and 5 are just talking about traffic and ingress/egress. Those are standard that we have on every single event of public interest.
Condition #6, we are just stating that the site must be clear of all the temporary material after the events.
Condition #7, the same goes for temporary signs that may be advertising the event.
Condition #8, again we are re-iterating that the Will County Health Department requirements that they must be following.
The same goes for condition #9, but with the Homer Township Fire Protection District.
Condition #10, this is standard for public events where we require a Certificate of Insurance for the property for the Temporary Use.
Condition #11, sale/serving of alcoholic beverages is prohibited. It requires a separate Temporary Use and a Liquor License.
Condition #12, the site shall meet the Illinois Accessibility Code. Condition #13, meet the State Plumbing Code.
#14 and 15, I’ve called out here for you. These are in addition to some of the standard conditions where a Building Permit for an attached garage being used for the temporary event shall be applied for and issued prior to full Temporary Use Permit approval. Then we have a note in there of tents that are exempt from building permits, so small tents.
And condition #15, temporary structures are prohibited from being located within the hatched area depicted in Exhibit 1. Here is that Exhibit 1. This is going back to that IDNR letter that we just received regarding the property where the jurisdiction of this flood plain is now basically being turned over for review to Will County and to the City of Lockport. So, our Staff has indicated that no structures can be located within that area. From what the applicant is proposing, it does not seem that any temporary structures are being proposed in that area. This is the campground over here. It’s a little hard to see but this is the house. This is the residence and garage area with that sort of picnic/cafeteria area. So, there should be no issue with compliance on that 15th condition.
I can take any questions that you might have.
Chairman Stipan said I only have one. Is there anywhere within the application, insurance for medical for the campers who are going to be there? I know you have insurance, but does it cover that?
Janine Farrell said that is something that would be under the Illinois Department of Public Health with their certification. We require the Certificate of Insurance to know that should anyone be injured on the property, damages etc., that they are covered for that. I would assume that there is some sort of requirement through the Illinois Department of Public Health for that, but I do not know for certain. That’s why we’re requiring their approval for this use.
Chairman Stipan said ok. I will ask the question again when the applicant comes up, thank you. Does anyone else have any questions?
Roger Bettenhausen asked are there any limitations to the number of campers allowed on the property at any one point in time?
Janine Farrell said not currently through the conditions that we have here before you. Through Illinois Department of Public Health, perhaps. I am sure that there are limitations on the water supply, for example, or the amount of people per sanitary facility. So, I would defer to them on that. We do have the restrictions based upon the COVID and phase 4 guidelines of course, as far as distancing out there and how many people at one time can be on the property.
Chairman Stipan asked anymore questions of Janine?
No response.
Chairman Stipan said thank you. Are there any concerned citizens or objectors to this case?
No response.
Chairman Stipan said will the owner or agent please come forward. John F. Basile introduced himself to the Commission.
Chairman Stipan said you heard my question to our Staff. Do you have some means of medical emergency?
John F. Basile said yes. When we do our family day open house, we have 3 paramedics. 1 is actually my brother, a retired Chicago firemen. One is a retired Justice paramedic. One of our volunteers is a Registered Nurse. They are there every open house.
Chairman Stipan said great, thank you very much.
John F. Basile said to the other question, yes, we are insured through Lloyd’s of London.
Chairman Stipan said ok. Does anyone else have any questions?
John F. Basile said basically, we’ve been in operation for approximately 33 years. I do hold a USDA Federal License, which is actually the same license as Lincoln Park Zoo, Brookfield Zoo, and San Diego Zoo. Our safety record is superior to any zoo in this country. Not one escape and no injuries. We are inspected by the Feds usually twice a year. They are unannounced, random visits, I turn around and they are there. They do not come there to pat you on the back. I brought some of those with me. I brought our last 5 years of inspections, perfect inspections. In the 33 years, I think I have approximately 40 perfect inspections.
Chairman Stipan said very nice. Does anyone have any more questions? No response.
Chairman Stipan said thank you.
Janine Farrell asked may we check the phone lines?
Chairman Stipan said certainly. I heard someone go on, but I don’t know what case they’re interested in.
Janine Farrell said for all of the call-in users, is anyone here looking to speak on Temporary Use Permit, TUP-20-012, which is for Big Run Wolf Ranch in Lockport Township?
No response.
Motion passed unanimously, 5-0, with 15 conditions.
1. The temporary use permit is only valid from August 5, 2020 through November 30, 2020 on Saturdays at 9:00a through Sundays at 5:00p.
2. Operation of this temporary use permit is subject to current and future Executive Orders by the Illinois Governor and/or other State of Illinois guidance or regulations regarding COVID-19.
3. The applicant shall furnish proof of Illinois Department of Public Health approval and/or licensure for the campground use prior to issuance of full temporary use permit approval.
4. Ingress and egress for emergency vehicles must be provided and kept clear at all times.
5. If necessary, traffic control shall be provided by the Will County Sheriff’s Office. 6. The site must be cleared of all debris, tents, and other temporary use material within 2 hours after closing of the event on each time the event is held. 7. 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 time the event is held.
8. The temporary use shall comply with all requirements of the Will County Health Department including but not limited to sampling of the water supply (well) and temporary food guidelines.
9. The temporary use shall comply with all requirements of the Homer Township Fire Protection District.
10.The applicant shall furnish a copy of the updated Certificate of Insurance prior to issuance of full temporary use permit approval.
11.The sale/serving of alcoholic beverages shall be prohibited.
12.The site shall meet the Illinois Accessibility Code.
13.The site shall meet the 2014 Illinois State Plumbing Code.
14.A building permit for the attached garage being used for the temporary event shall be applied for and issued prior to full temporary use permit approval. Tents less than 400 square feet are exempt from permitting. Tents within 10' of each other shall be considered one tent.
15.Temporary structures are prohibited from being located within the hatched area depicted in Exhibit 1 of the attachments.
RESULT: APPROVED [UNANIMOUS]
MOVER: John Kiefner, Commissioner
SECONDER: Roger Bettenhausen, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen
ABSENT: White, Mitchell
4. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-20-033, Elmer L. Mueller Jr. and Sherril M. Mueller, Owner of Record and Thomas Osterberger of Kavanagh Grumley & Gorbold LLC; Attorney, Requesting (M-20-009) Map Amendment from A-1 to I-1 and (S-20-010) Special Use Permit for an Accessory Dwelling Unit for Security, (V-20-049) Variance for Maximum Accessory Dwelling Unit Area from 650 square feet to 3,700 square feet, (V-20-050) Variance for Maximum Accessory Building Height from 25 feet to 26.5 feet, for Pin #30-07-36- 200-015-0000, in Joliet Township, commonly known as 2827 W. Manhattan Road, Joliet, IL, County Board District #8
Marguerite Kenny presented Zoning Case ZC-20-033, which takes place in Joliet Township.
This concerns a 2.33 acre, A-1 parcel.
The owner is Elmer L. Mueller Jr. and Sherril A. Mueller. The attorney representing Mr. and Mrs. Mueller is Thomas Osterberger of Kavanagh Grumley & Gorbold LLC.
The property is improved with a single family residence and several outbuildings that Mueller Roofing Inc. is utilizing for a roofing business. Mueller Roofing has been operating from this parcel for roughly the last 33 years.
Roofing businesses are classified as construction services, which is not a permitted use in the A-1 District. As the County is a complaint based organization, the County has not received a complaint against this use. Although technically, the applicant has been illegally operating the roofing business, they've been permitted to do so because they have not been caught.
The applicant is here tonight to rectify that and come into compliance by requesting a Map Amendment from A-1 to I-1, where construction services would be a permitted use by right. In doing so, the applicant is requesting a Special Use Permit for an accessory dwelling unit for security to address the existing residence on the property, and 2 Variances on the property that will bring the residence in compliance with the accessory dwelling unit size requirements, as well as the accessory building height requirements for the I-1 District.
Just some information about Mueller Roofing. It operates 7 days a week. It offers 24 hour emergency services, evenings, weekends, and holidays. Only 2 employees will be planned working from this site where most of the materials will be delivered and stored onsite.
The applicant intends to build 2 new pole buildings on the property while demolishing all the accessory structures. They will then be storing all the materials in those buildings.
I have on the screen for you an image of the most recent CONNECTExplorer image. You can see that existing single family residence.
The original house dates back to the 1870's as well as the kennel, detached garage, crib barn and machine shed, all of which have been identified in the Joliet Township Rural Survey. Like I said the original residence was constructed in the 1870’s. Since then you can see by the footprint of the residence that many additions have followed, including an indoor pool that has recently been converted to an attached garage. The current floor area of the residence, not including that attached garage, is 3,700 feet. That includes the ground floor as well as the 2nd story. Many accessory buildings were also added, again since the 1870’s, and have fallen into disrepairs. Instead of just improving these, the applicant is looking to tear these down to be able to use the property more industrially with new buildings that are built to suit his roofing needs. The residence is also 26.5 feet tall, which is measured from the finished grade to the highest point of the roof. Since again being 1870’s, it will not meet the accessory building height for the I-1 accessory buildings which is 25 feet. The Zoning Ordinance does require accessory dwelling units to be 650 square feet. Since the existing footprint of the residence is larger than that, the applicant is requesting that Variance to bring that residence into compliance.
Looking at the Site Plan, you can see the 2 pole buildings that are proposed. Both would meet the I-1 setback requirements. You can also see that there are 2 improved entrances for this property. There is a dedicated one serving the residence here to the south. They also have one to the north for the roofing. One thing to point out is the owner of Mueller Roofing is currently residing in their house and will continue to do so should the Special Use be approved.
I have on the screen the Map Amendment Review Criteria that would typically get evaluated with requests such as this.
With regards to Criteria #3, the suitability of the subject property, as was mentioned previously, the property is 2.33 acres and it’s zoned A-1. It is deficient for lot standards. The property was created as 2.33 acres in 1984, at the time when A-1 required 660 feet of lot frontage as well as the 10 acres minimum. Today’s standards, we only require 300 feet of lot frontage. This property has only 280 feet of lot frontage along Manhattan Road. So, the property is considered an illegal lot. Building Permits could not be acquired to address any issues unless further zoning action is required.
In terms of the single family residence, that is a permitted use in the A-1 District. The construction services, the roofing business, is not permitted.
In terms of the overall property, no agricultural uses are occurring on the site.
With regards to Criteria #6, a LESA score was not calculated. So, a Land Evaluation and Site Assessment score was not calculated for this request.
I have a picture of the aerial on the screen. Staff used a mile radius when looking at typical uses within this area and there are a mix of uses. We have entertainment to the west, the Chicago Speedway and related campgrounds for RV’s and things like that. We have industrial, commercial, residential and agricultural within the City of Joliet, the Village of New Lenox and unincorporated Will County. To the north, along Manhattan Road, we have Estes Trucking. You have the Will County Public Safety Complex and then across Manhattan Road, you have Estes Trucking. Then north along Cherry Hill, you have Will County Storage, a truck repair that you can see in the image, as well as the Forest Preserve District of Will County, Law Enforcement and Administration building. Then residential areas lie more towards the outskirts of that 1 mile radius to the northwest with the Greentree Subdivision. Then further south along Manhattan Road and Delaney, we have some E-1, E-2 and R-2A Zoning Districts. You can see here with the zoning, you can see the R-2A, Estate Residential, you can also see I-2 within those truck repair. The Will County Storage you have C-3. C-4 is the Will County Public Safety Complex, the Sheriff’s Department, DOT, the Emergency Management facility, and animal control. The C-2 property is a gas station that has a Special Use for a carwash. Within the Village of New Lenox we have residential but further north you have industrial. Within the City of Joliet around this area, it’s all industrially I-1.
Looking at the historic trends of this area, you can see from the 1970 aerial, it’s pretty much still agricultural and not so much developed. By the 2019 aerial, you can see a lot more industrial uses falling into the region. You have Estes over here. You have some truck repair over here. The area is becoming more commercialized, more industrial uses so the subject site would be falling in suit.
In accordance to the County’s adopted Land Resource Management Plan, this property falls within the Suburban Communities where freestanding industry is a permitted use.
Looking at the City of Joliet’s Southside Comprehensive Plan, this parcel is identified as industrial along with other parcels that are located on the southwestern side of Manhattan Road. It’s over here and the subject parcel is right here.
Within the Village of New Lenox, although it’s on the Joliet side of the boundary, you can see New Lenox’s plans. You have industrial and the subject property is right here.
Just looking at some of the actual physical characteristics of the property, this is looking at the northern entrance that serves Mueller Roofing. Then you have the storage yard. These 2 images show the area of the proposed building that will be built on the property, if all goes as the applicant intends. This is looking west and northwest from the rear of the property. Looking northwest and southeast along Manhattan Road. This property is slightly north of the Cherry Hill/Manhattan Road intersection, and you’ll see that shortly. You see the Forest Preserve District which is directly across the street from them. They’re kind of in that triangle between US Manhattan Road and Cherry Hill. Then you have a truck repair facility just up Cherry Hill from that intersection. This is looking at that existing residence, you’re looking west then you’re looking northeast at the site.
Looking in terms of the Special Use, Staff believes that the existing residence will not be detrimental to or endanger the public’s safety. Since the residence has existed on the site since the 1870’s it pre-dates the existing development. Staff also finds that it has not impeded any development. So, it’s safe to assess that it shouldn’t impact future development in this area. The property is improved with a residence which has the necessary amenities. It has a well and it has a septic system. The Health Department is requiring to keep it protected from any stock pilings from the industrial building.
The applicant is also requesting 2 Variances just to make sure that the residence is meeting standards.
Staff finds that there is a unique circumstance, the property is improved with a 150 year old residence that he is looking to live in as the property becomes more industrial to allow for that roofing company.
With that, Staff is recommending approval of the Map Amendment, of the Special Use and of both Variances.
Of the agencies that were notified, none objected. However, the Will County Health Department did state that while they don’t object to the requests, they are stressing the importance to protect that well and septic system. Condition #2 of the Special Use addresses that concern. Within that Special Use with 2 conditions, 1 being the typical inspection and the 2nd one being stock piling of materials and vehicle traffic within that well and private septic disposal system area is prohibited. So again, just to reinsure that the area is protected for the residential use that would be occurring.
The Village of New Lenox did provide comment deferring their comments to the City of Joliet. The City of Joliet provided comments to not comment.
With that I am happy to answer any questions.
Chairman Stipan asked does anyone have any questions for Staff? No response.
Chairman Stipan asked are there any concerned citizens or objectors to this case? No response.
Chairman Stipan asked Mr. Osterberger, would you care to come down?
Thomas Osterberger introduced himself to the Commission. Tonight, Mr. Mueller is not here. Mr. Mueller is still working the business with his son-in-law Phil Wiechec. Phil is here if you have any questions. I want to point out a couple of things. Margie’s presentation was completely accurate but this isn’t a compliance case. Mr. Wiechec came to me a year and a half or two years ago and they were going to refinance the house and we started looking into it and there was a problem with that. We started discussing the zoning and met with Staff. Since that time he has looked around and considered moving the business and it makes no sense. We sat with him and said this parcel is where you’ve been for over 30 years. He and his father-in-law work the business. Actually, by improving the parcel the way they’re suggesting, they’re going to increase the size of their buildings so they’ll have less deliveries. It will actually improve both the appearance of the property and the amount of traffic that goes in. It’s only going to be used as a warehouse so vehicles will only come in twice a week. They will deliver and then the products will go out. Mr. Mueller has lived there for quite a while and his wife did pass away. She’s on the deed and that’s why she’s listed as an owner. We would like him to continue and we would like him to have security there. It is an old house but it’s certainly nice to have somebody there. Obviously these places are going to be secured and there’s not going to be any outdoor storage. The vehicles are going to be park inside but it’s certainly nice to have him stay in the home and have the ability to have a security person living there in case anything does happen. We would ask for you approval on this. If you have any questions, Mr. Wiechec can answer them as well.
Chairman Stipan asked does anyone have any questions?
No response.
Marguerite Kenny asked can we check the phones for this Zoning Case? Chairman Stipan said yes, please. I keep forgetting that and I apologize.
Marguerite Kenny asked are there any callers on this line who wish to comment on Zoning Case # ZC-20-033 that takes place in Joliet Township for Mueller Roofing?
No response.
Chairman Stipan asked are there any callers on the line right now? I heard someone speak earlier.
Marguerite Kenny said I think maybe 4 or 5.
Brian Radner said we’d be hearing music.
5. Motion To Approve A Map Amendment From A-1 to I-1
Motion approved unanimously, 5-0.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Carruthers, Commissioner
SECONDER: John Kiefner, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen
ABSENT: White, Mitchell
6. Motion To Approve A Special Use Permit For An Accessory Dwelling Unit For Security
Motion approved unanimously, 5-0, with 2 conditions.
1. Upon fourteen (14) days of written notice to the owner of record 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 inspection of the premises and uses thereon for compliance with the terms and conditions of this special use permit.
2. Stock piling of materials and vehicular traffic within the well and private septic disposal system areas are prohibited.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Carruthers, Commissioner
SECONDER: John Kiefner, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen
ABSENT: White, Mitchell
7. Motion To Approve a Variance For Maximum Accessory Dwelling Unit Area From 650 Square Feet To 3,700 Square Feet
Motion approved unanimously, 5-0.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Carruthers, Commissioner
SECONDER: John Kiefner, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen
ABSENT: White, Mitchell
8. Motion To Approve A Variance For Maximum Accessory Building Height From 25 Feet To 26.5 Feet
Motion approved unanimously, 5-0.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Carruthers, Commissioner
SECONDER: John Kiefner, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen
ABSENT: White, Mitchell
9. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended, for Zoning Case ZC-20-036, ATG Trust Company Trust Number L019-095, Owner of Record, (Susan Reagan, 100% Beneficiary); Sean Schwartz, Construction Specialties, LLC, and Naim Halili, Agents, Requesting (S-20-014) Special Use Permit for Light Equipment Sales/Rentals for Pin #07-01-27-102-022-0000, in Wheatland Township, Commonly Known as 11953 S. Aero Drive, Plainfield, IL, County Board District #13
Lisa Napoles presented Zoning Case # ZC-20-036, which takes place in Wheatland Township.
This is a Special Use Permit for light equipment sales/rentals.
The owner is ATG Trust Company Trust Number LO19-095, Susan Reagan 100% beneficiary with complete list of officers on file. The applicant is Naim Halili. The agent is Sean Schwartz of Construction Specialties, LLC.
The applicant is requesting a Special Use Permit for light equipment sales/rental which is required in the I-1 District.
The owner intends to operate high quality, used vehicle sales on the parcel.
The applicant has concurrently applied for a Change of Occupancy Permit for the parcel, which is Permit # 2000785.
The Village of Plainfield will hear this case at their meeting happening tonight and will submit comments for the Land Use & Development Committee and County Board meetings.
The parcel is most of lot 14 in the Wolf Creek Industrial Park and was created in 1977. It measures 25, 704 square feet in lot area.
The parcel is improved with a single story industrial building and a paved parking area. The building has 3 rental units. The applicant rents one of these units which measure 2,250 square feet. If approved, the Special Use will allocate 1,600 square feet of the unit for vehicle display and 650 square feet for the office. The applicant has stated that he may use the garage for maintenance and detailing of his own personal vehicles, but will not offer these services to the public. Motor vehicle repair is permitted as a right in the I-1 District and incidental maintenance of vehicles is permitted as part of the light equipment sales use.
It is Staff’s professional opinion that the Special Use will not be detrimental and/or injurious to the use and enjoyment of the properties in the area.
The property is zoned I-1 in the Industrial Park and is surround by I-1 to the north, east, south and west.
This is the Plat of Survey for the property. The applicant is requesting that the Special Use be applicable to the entire parcel.
In addition to displaying vehicles on the inside of the property, the applicant has also proposed storing up to 6 vehicles on the outside of the garage in the parking area. This use of outdoor display is deemed a Type 2 outdoor display in the Will County Zoning Ordinance. Pursuant to Section 155-14.100 (A)(3), “Type 2 outdoor display areas are prohibited in drive aisles , fire lanes, required parking spaces, required landscape areas, required setbacks and within 3 feet of a building entrance.”
The proposed use will occupy one rental unit of a multi-unit building and because the parking areas do not have marked spaces, nor marked loading spaces, it cannot be determined how many parking spaces are allocated to each rental unit without a detailed parking plan.
This is the view of the subject property looking east from Aero Drive. This view of the property shows a garage and entrance to the unit. This is the view of the subject property looking southeast at the vehicle storage area. This is the interior view of the subject property showing the office space. This view shows the parking area shared by all 3 units of the building. Note that there are no marked parking or loading spaces.
The Special Uses are reviewed based on the criteria outlined on the screen. A more detailed analysis can be found in your packets.
Staff is recommending approval of the request with the following 4 conditions: 1. Upon fourteen (14) days’ notice to the owner of record 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 inspection of the premises and uses thereon for compliance with the terms and conditions of this special use permit.
2. Permit #2000785 must be issued within two (2) years of approval of this special use permit or the special use permit will be considered to have lapsed and have no further effect.
3. The applicant will not use any outdoor parking spaces for sale, repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies. 4. The amount of vehicles permitted to be displayed outdoors shall be limited to an amount stipulated through Permit #200785. A detailed and measured parking plan shall be submitted in conjunction with permit #2000785 to determine how many spaces may be dedicated to outdoor display. This parking plan shall show compliance with section 155-11.
I can answer any questions that you may have.
Chairman Stipan asked does anyone have any questions of Staff? No response.
Chairman Stipan said thank you very much. Are there any concerned citizens or objectors to this case?
No response.
Chairman Stipan asked is Shawn Schwartz or Naim Halili here tonight? A gentleman raised his hand.
Chairman Stipan said there’s no objectors here tonight, if you don’t want to come up, you’re welcome to stay there sir.
The gentleman said he was ok.
Chairman Stipan said ok, thank you.
Janine Farrell asked can we check the phones?
Chairman Stipan said yes.
Lisa Napoles asked are there any callers on the line for Zoning Case # ZC-20-036? No response.
Chairman Stipan said ok, thank you.
Motion passed unanimously, 5-0, with 4 conditions.
1. Upon fourteen (14) days’ notice to the owner of record 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 inspection of the premises and uses thereon for compliance with the terms and conditions of this special use permit.
2. Permit #2000785 must be issued within two (2) years of approval of this special use permit or the special use permit will be considered to have lapsed and have no further effect.
3. The applicant will not use any outdoor parking spaces for sale, repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies. 4. The amount of vehicles permitted to be displayed outdoors shall be limited to an amount stipulated through Permit #200785. A detailed and measured parking plan shall be submitted in conjunction with permit #2000785 to determine how many spaces may be dedicated to outdoor display. This parking plan shall show compliance with section 155-11.
RESULT: APPROVED [UNANIMOUS]
TO: Will County Land Use & Development Committee
MOVER: Roger Bettenhausen, Commissioner
SECONDER: Michael Carruthers, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen
ABSENT: White, Mitchell
10. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case #ZC-20-037, Jorge Hernandez, Owner of Record, Requesting (M-20-011) Map Amendment from A-1 to E-2 and (V-20-046) Variance for Minimum Lot Area from 105,000 square feet to 87,120 square feet, for Pin #21-14-33-200-013-0000 in Monee Township, Commonly Known as Vacant Property on Pauling Road, Monee, IL, County Board District #1
Lisa Napoles presented Zoning Case # ZC-20-037, which takes place in Monee Township.
This is for 2 requests. One is a Map Amendment from A-1 to E-2. The other is a Variance for minimum lot area from 105,000 square feet to 87,120 square feet.
The owner is Jorge Hernandez.
The Variance request is to bring the parcel into conformance with the new E-2 Zoning District.
The parcel is illegal, nonconforming and was created in 1989.
The applicant is requesting this zoning action in order to bring the parcel into compliance with current Zoning Ordinance regulations and the Zoning District that’s more appropriate for the area and the size of the lot in order to construct a single family residence.
The parcel measures 2 acres or 87,120 square feet in lot area and has 200 feet of lot frontage along West Pauling Road. The parcel is unimproved and vacant, and partially wooded.
I will briefly outline the Map Amendment review criteria for evaluating the proposal. Please note that a LESA score was not calculated.
Starting with Criteria #1, the existing uses of property in the area. A one mile area shows the uses are primarily agricultural and residential with sparse commercial and industrial uses located on the northwest edge of the one mile radius along South Governors Highway.
Within one mile, Agricultural and Residential Zoning Districts are predominant with sparse Commercial and industrial Zoning Districts located in the Village of Monee and unincorporated Will County along Governor’s Highway. While agricultural uses are the majority along South Governor’s Highway, residential use on the bulk of these is along North Pauling Road. There are eleven parcels zoned E-2 measuring 2.68 to 3.90 acres north of the subject parcel.
For Criteria #3, the property is zoned A-1. While residential uses are permitted as a right in the A-1, the illegal, nonconforming status of the parcel prevents the owner from obtaining a Building Permit. In Staff’s professional opinion, the relatively small size of the parcel makes it less suitable for agricultural uses than adjacent larger parcels which appear to support active agricultural uses.
For Criteria #4, the trend in development has been towards more dense residential uses in recent years. In 1991, eleven parcels north of the subject property received a map Amendment from A-1 to E-2. North of these parcels is Heatherbrook Estates Subdivision Phase IV, which was approved for a Map Amendment in 1991 as well.
For Criteria #5, the proposal is in conformance. The Will County Land Resource Management Plan designates this location as on the cusp of suburban communities and rural areas. The LRMP describes “single family homes not associates with farms have been built in Rural Areas, generally on larger lots ranging from two acres or larger.” In regard to suburban communities, the LRMP identifies the single-family detached residence as the dominant housing type for these areas. The subject parcel is within both definitions.
In addition to the Map Amendment, the applicant is requesting a Variance for minimum lot area from 105,000 square feet to 87,120 square feet, or 2 acres, to bring the parcel into conformance with the E-2 Zoning District.
Staff supports the Variance request.
In regards to Criteria a, by which Staff evaluates Variances, Staff affirms that this is due to a unique circumstance from re-zoning of parcels which is created deficient in lot area and lot frontage for the A-1 District in 1989, prior to the applicant purchasing the property in 2017. The applicant is re-zoning to a residential district that is compatible with the surrounding area, E-2, but is deficient in lot area for that Zoning District. Although the lot does conform to the R-1 lot standards, there are no R-1 parcels within a 1 mile radius in unincorporated Will County.
In regards to Criteria b, Staff does not believe this will alter the essential character of the area. The parcel has existed in its current configuration since 1989. Constructing a residence on this parcel would conform with residential properties on the north side of Pauling Road.
Staff confirmed that the remaining requirements are in your report. To summarize, this is a unique situation not generally applicable to other E-2 properties and a Variance request will not adversely affect surrounding properties or the public.
This is a view of the subject property looking southwest. This is a view of the subject parcel looking north. This is a view of adjacent properties looking west. This is a view of adjacent properties looking east. This is a view of the adjacent properties looking northwest.
Staff is recommending approval of both requests.
Of the agencies that were notified, none objected. Neither Monee Township or the Village of Monee submitted comments.
I can answer any questions that you may have.
Chairman Stipan said thank you. Does anyone have any questions of Staff? No response.
Chairman Stipan said thank you very much. Are there any concerned citizens or objectors to this case?
No response.
Chairman Stipan asked would the applicant care to speak to this case? We have no objectors and the Staff has recommended approval.
Lisa Napoles asked are there any callers on the line for Zoning Case # ZC-20-037? No response.
Chairman Stipan said I've heard people pick up and I think they are there.
Lisa Napoles said I think you're right. I heard someone come on the line as well. I'm happy to try again.
Jorge Hernandez introduced himself to the Commission. I bought this property 3 years ago with the idea to have like a camping area for my family in the south. I'm tired of living in the City with all the noise and stuff. I'm just trying to move out of the City and stay at this place. That's my dream to build my own house out there. I've already applied for the construction permit. I have a couple more things to get and then I will be ready. Hopefully before winter comes I can start my new project on my new house.
Chairman Stipan said if we get this straightened out for you, you should be able to go through with your desires.
Jorge Hernandez said yes. Does anyone have any questions?
Chairman Stipan asked does anyone have any questions?
No response.
Chairman Stipan said I don't think so. Thank you very much, sir. Would you like to try again to see if there's anybody on the phone?
Lisa Napoles asked are there any callers on the line for Zoning Case # ZC-20-037? No response again.
Chairman Stipan said ok, thank you.
11. Motion To Approve A Map Amendment From A-1 to E-2
Motion passed unanimously, 5-0.
RESULT: APPROVED [UNANIMOUS]
MOVER: Roger Bettenhausen, Commissioner
SECONDER: John Kiefner, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen
ABSENT: White, Mitchell
12. Motion To Approve A Variance For Minimum Lot Area From 105,000 Square feet to 87,120 Square Feet
Motion passed unanimously, 5-0.
RESULT: APPROVED [UNANIMOUS]
MOVER: Roger Bettenhausen, Commissioner
SECONDER: John Kiefner, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen
ABSENT: White, Mitchell
13. Revocation of Special Use Permits S-16-009 (Case ZC-16-006) for Exotic Animals with four (4) conditions and case S-16-010 (ZC-16-006) for Animal Care/Boarding with four (4) conditions, Roland and Airocolina Janota, Owners of record, for Pin 22-22-02-200-005-0000, commonly known as 1301 East Offner Road, Beecher, IL, County Board District 1
Brian Radner said I did speak with the property owner today. They were not able to attend the meeting. I believe they are on the phone line there. They are asking the Commission to continue the matter until the next PZC meeting in September.
Chairman Stipan said September 1st.
Brian Radner said I'm not sure of the meeting date. If you'd like to hear from the applicant, I believe they are on the line.
Chairman Stipan said if they are on the line we can hear from them. Airocolina Janota introduced herself. She asked can you hear me?
Chairman Stipan said I understand you're asking for a postponement until September.
Airocolina Janota said I had 31 surgeries in 36 months. They wanted to come out on the 28th, the Fire Chief did, and I was having another surgery at Silver Cross. I just got out of the hospital on the 30th. We've got everything else in compliance and we have one issue that we're addressing. I have sent pictures to Brian Radner and Owen Needham of the progress that has been made and a picture of the backhoe to dig the trench to complete the last project. We're just asking for 30 more days to finish and finalize everything and have it inspected.
Chairman Stipan said ok, I appreciate it. I'm sorry you've been through some rough times.
Airocolina Janota said thank you.
Brian Radner said I just wanted to add, the reason for the revocation is for not complying with 2 of the conditions of the Special Use Permit pertaining to Building Code matters. When matters are addressed and they are in conformance with the Special Use Permit, then a revocation wouldn't be necessary. So she's asking for 1 more month to get it complete and have it inspected.
John Kiefner said to clarify, if we table until September 1 and things get worked out with the office, we won't even be hearing the case.
Brian Radner said most likely.
A woman asked can I speak on this matter?
Chairman Stipan said I asked if there was any concerned citizens or objectors, didn't I?
A few people said no.
Chairman Stipan said no? Ok, my apology.
Janine Farrell said can we check the phones first? I know there were several callers.
Chairman Stipan said ok, let me clarify this. If we are going to move this case to September, September would be the time to speak to this case.
The woman said she's gotten continuances after continuances.
Chairman Stipan said I guess you'll have to come down because we can't hear you from there and shouldn't probably be speaking from there.
John Kiefner asked can I ask a procedural question of the State's Attorney? Chairman Stipan said yes, you may.
John Kiefner asked do we have an authority to let people speak before we take any matter on this?
Chris Wise from the Will County State’s Attorney’s office said people have the right to speak, it’s a public meeting.
John Kiefner said so it’s our discretion.
Someone on the phone tried to speak.
Janine Farrell said we have someone at the podium now that is going to speak and then we will come back to you.
Mary Kay Gardner introduced herself to the Commission. I just wanted to share, she has not followed anything that she is supposed to follow in 3 years. She doesn’t have a State License, she is dissolved with the State of Illinois. She is dissolved with USDA. She shouldn’t even have these animals. She’s had years to do the things that she is supposed to do and has not done any of them. I volunteered there for a year and a half. I’ve watched animals die. I’ve watched animals suffer because she does nothing. She uses the illness as an excuse.
Chairman Stipan said and you know that for a fact that she doesn’t have a State or Federal License?
Mary Kay Gardner said I have a print out right here. This was printed today. On my cell phone, I have the USDA list. I didn’t print it because it’s like 500 pages.
She’s not listed on that.
Barbara Peterson asked can you submit that information for part of the record?
Mary Kay Gardner said yes. The list for USDA that she’s not on was just updated on July 31st. She was taken off of it September, 2018. I can send that to you through email. It was 700 and some pages.
Barbara Peterson said send it to Janine please.
Mary Kay Gardner said the Beecher Fire Department was there in December. She left 3 weeks later and went to Florida for 6 months. She wasn’t sick.
Chairman Stipan said thank you. Do you have anything else to say or anything? Mary Kay Gardner said thank you very much.
Chairman Stipan asked may I give someone this to go into the records? Barbara Peterson said give it to Janine.
John Kiefner said can I ask Staff a question?
John Kiefner said I see in the original approval of the Special Use Permits that there were conditions of State and Federal licenses. Is that something that your office is able to confirm or clarify?
Brian Radner said yes. At the time this was prepared for your Commission on July 24th, our Code Enforcement Officers determined that the property owner had all the licenses that were required for the operations on the property.
John Kiefner said they did have them?
Brian Radner said yes, they did. They verified by searching records and by contacting inspectors, State and Federal Inspectors.
Chairman Stipan said this piece of information that we just got said the Illinois License was revoked.
Brian Radner said that would be new information and I would have to take a look at it. Our Code Enforcement Inspector, Megan Flanagan, and the Code Enforcement Manager have verified everything.
Airocolina Janota said we do have our licenses. I have copies of them and I can give copies to Brian and to Building and Zoning. They said that we have not been updated on the list because of the COVID virus and they have not done all of their paperwork. We actually have our copies and we are good until February, 2021. We just did a call for Will County the other day at 6:00 on a Sunday night to pick up a snake.
Chairman Stipan said ok.
Mary Kay Gardner said it was removed.
Airocolina Janota said they said they are behind on their paperwork and getting things entered. There’s a lot of people that are not entered on the computer, but we do have our License.
Barbara Peterson said I don’t doubt here at all, everybody’s waiting.
Chairman Stipan said the piece of paper that I was handed says she was involuntarily revoked.
John Kiefner asked what was the date on that?
Mary Kay Gardner said that was printed today.
Janine Farrell said not to speak out of turn for Mr. Radner, but we would have to go and verify in the system and we have a contact at USDA.
Barbara Peterson asked where are we on the continuance until September 1st? Could I have Staff’s opinion on that?
Brian Radner said the Staff’s Code Enforcement position is that they want compliance with the conditions of the Special Use Permit. We were trying to achieve compliance over the time period of 3 years. Most recent complaint, I believe, was October of 2019. We’ve been trying to get to that point. We’ve been having inspections with the property owner and the Beecher Fire Protection District. They have a punch list of items that need to be completed. If those are completed and pass inspection, then they’ll be in compliance with conditions 3 and 4 of the Special Use Permit. That’s what was for consideration of revocation.
Chairman Stipan said ok. You had someone else on the phone, would you have them speak next?
Janine Farrell said we have the revocation of the Special Use Permit. It was previous Zoning Case ZC-16-006, and I believe we have a number of callers here. I actually do have first on the list here, a Lisa Ladimer. Would you like to speak on this case?
Barbara Peterson asked what is her address, please?
Janine Farrell said again, Lisa Ladimer, are you here to speak on this case?
Lisa Ladimer introduced herself to the Commission. My address is 1530 Auburn Avenue, Naperville, Illinois.
Barbara Peterson asked did she say Naperville?
John Kiefner said yes.
Barbara Peterson said so she isn’t an adjacent property owner.
Lisa Ladimer said regarding this continuance, I strongly disagree with having her be continued for the fact being that everything is always constantly continued because of the lack of her being prepared and not filing proper paperwork. She operates a business and a business that has a substantial amount of paperwork in order to justify what she is supporting as an animal rescue. It’s because she repeatedly dismisses the responsibility for owning an animal rescue. I have nothing further to say.
Chairman Stipan said may I ask how you’re familiar with that fact? Lisa Ladimer said it’s very hard to hear the people in the system. Chairman Stipan said may I ask how you’re familiar with that fact?
Lisa Ladimer said I have physically been to Settler’s Pond on several occasions as far as volunteering. Seeing the way that the facility is set up and the safety of the people that enter the facility.
Chairman Stipan said thank you very much.
Lisa Ladimer said thank you.
Janine Farrell said I am going to ask for the next speaker on the line. It was a woman’s voice that we had someone that wanted to speak. Are you there speaker?
No response.
Janine Farrell said I’m going to ask for the next person to speak if there is anyone else who would like to speak about the revocation of previous Zoning Case ZC-16- 006, which is Settler’s Pond. Is there anyone else that would like to speak on the conference call line?
No response.
Chairman Stipan asked is there anyone else here that would like to speak to this Case? We have to, by law, catch the phone thing so I’m trying to minimize here. Does anyone else want to speak to this case?
Airocolina Janota said if I may, just one more thing. Mary Kay Gardner, the woman that was there speaking to you, we had to get a Cease and Desist Order against her. Lisa Ladimer is one of her best friends. Lisa has only been here one time and she has never volunteered here. I would really like to just be able to have this continued and get this taken care of and address any issue that there is. Right now, I’m calling from my bed.
Chairman Stipan said ok, thank you for that information.
John Kiefner said I would like to ask Mr. Radner one more question before I make a motion.
Chairman Stipan said sure.
John Kiefner asked would we be able to double check the State and Federal License’s?
Brian Radner said it depends on what the License is. The Kenneling License is what’s needed for the animal care and boarding. With the Special Use Permit, that’s the one that’s required. She does not maintain any exotic animals that would require the USDA Permit or if I’m getting that right, or it’s the State permit that she does not have to have because she doesn’t have any of those types of animals.
A woman in the gallery said she has monkeys.
Brian Radner said our Code Enforcement Manager, Greg Ratajczak, and his Inspector has been to this site and they have contacted the Inspectors for these agencies to check on the Licenses and it checked out every time. I’d be happy to look at it again and we’ll get with Pinky and see if she can get us a copy of her Licenses.
John Kiefner said I will be making a motion to table it to September 1 but I would like us to follow through and make sure things are in place before then.
Motion passed unanimously, 5-0, to table this Case until September 1, 2020.
RESULT: TABLED [UNANIMOUS] Next: 9/1/2020 6:30 PM TO: Will County Board
MOVER: John Kiefner, Commissioner
SECONDER: Michael Carruthers, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen
ABSENT: White, Mitchell
VI. OTHER
Janine Farrell asked can I check the phone to see if they are still here for the Text Amendments? Just to see who is still on the phone.
Chairman Stipan said yes, please.
Janine Farrell said call-in users for our conference call-in line, we have concluded the Zoning Cases that were on the Agenda for tonight. We have 2 items remaining that are Text Amendments for Cannabis and then also for composting for equine manure. Is there anyone who is on the line currently that would like to speak on either of those.
A woman replied no, thank you very much.
Janine Farrell said thank you. Anyone else who would like to speak on these last 2 remaining Text Amendments? Are there people on the line who are just listening in?
No response.
Janine Farrell said there's people on the line or else you would hear music. Barbara Peterson asked there are?
Janine Farrell said yes.
Barbara Peterson said but they're not identifying themselves.
Janine Farrell said if nobody was there, we would get the weird music. We'll let them listen in and then I can check in again.
1. 20-266 Amending Sections 155-7.30, 155-9 and 155-18.20 of the Will County Zoning Ordinance - Adult-Use Cannabis Businesses
Colin Duesing said our first topic here is a Text Amendment for Cannabis businesses.
We have an issue with the recently adopted new language to reflect the State Statute for Adult-Use Cannabis businesses. We were attempting to model it after the previous Medical-Use Cannabis Statutes.
What we did not realize at the time by doing so, that we took out the ability for applicants to file for Variances in order to have Adult-Use Cannabis businesses. Those Variances are not allowed under Medical-Use Cannabis, but are permitted under Adult-Use Cannabis businesses.
Since we modeled after the previous Statutes on Medical-Use Cannabis, we had everything within the definition section of the Zoning Ordinance. Unfortunately, you cannot have a Variance on a definition. The definition is it and that is firm, but that was not our intent.
With the Medical-Use portion, there will not be any major changes that are not reflective of State Statute.
For Medical-Use Cannabis, the Cultivation Centers, that remains the same.
For Medical-Use Cannabis Dispensaries, that does change a little bit because by Statute on July 1, 2019, the Medical Cannabis licensing through the State is now done through the Adult-Use portion. So, we have to create a cut-off date for the Medical Cannabis Dispensaries. Do we have any? No. It’s a mood point, but it’s something we need to address within the Zoning Ordinance.
So, what we’re proposing for this is you take all the definitions of Adult-Use Cannabis businesses, and we’ll go through each one of them and identify the language that’s going to happen.
The distances from property lines of what we call special protection areas. For example, private schools, colleges and universities, day cares, day care homes, group homes, and areas zoned for residential use.
Again, it was modeled after the Medical-Use Cannabis. What we’re going to do is strike it from the definition section and create a new section within the Zoning Ordinance. Move that exact same language to the new section.
The same with Dispensaries. Move it from the existing definition to a new section.
For Craft Growers, things are going to be a little different, just to clean up our Zoning Ordinance. Not only are we changing the setbacks, but we’re also adding in the Adult-Use Cannabis header to the original definition in order to move everything that’s an Adult-Use business altogether in the same definition section. So then it will be altogether so Staff doesn’t have to go looking for it. So, everything’s here. Then like I said, a new section for the setbacks.
This will be the same with Infusers, and the same with Processors.
What this will is, allow the applicants to apply for Variances, which of course is the exclusive purview of this Committee. The Will County Board will not be involved unless there’s an appeal of a Variance that was denied. So, the case will not necessarily be the Variance itself but the appeal of the Variance denial.
That is pretty much it for this. Any questions?
No response.
Colin Duesing asked anybody from the public wanting to make a public comment on this proposed Text Amendment?
Chairman Stipan said I have one question. The only comments I had from anyone disparaging the place of the Dispensaries is that sometimes in the unincorporated areas we place them close to a community that doesn’t want it at all. I don’t know if there’s any way to rectify that or not.
Colin Duesing said not at this time.
Chairman Stipan said ok.
Colin Duesing said that is not being discussed at this time.
Chairman Stipan asked does anyone have any questions?
Thomas Osterberger introduced himself to the Commission. I’m here as well. My client who is a property owner and a perspective tenant of hers, Jade Cannabis and Bryce Yancy is here, we wanted to come tonight simply to support this Amendment. We had filed a case and requested a Variance, and I know others have as well. It would be a shame if the ability to vary, and every case is obviously different, were taken away from you guys. I’m not going to comment on how the State is run, but Will County is run pretty well. I would much rather come here and ask you guys for a Variance, because as we know in certain circumstances, you may comply in every way, it could be the best site but you need one Variance or you need 2 Variances. I would ask you to support this and hopefully Land Use and the County Board supports it because I think you’d have a few good applications for Variance requests which will come. If this Text Amendment isn’t made, then those users will go somewhere else. Thank you.
Chairman Stipan said thank you.
Colin Duesing asked anybody on the phone wishing to speak on the Text Amendment regarding Adult-Use Cannabis businesses?
No response.
Chairman Stipan asked does anyone else care to comment?
No response.
Colin Duesing said we need a motion to accept the testimony and any recommendations that the panel has to offer.
Motion passed unanimously, 5-0.
RESULT: APPROVED [UNANIMOUS]
TO: Will County Land Use & Development Committee
MOVER: Michael Carruthers, Commissioner
SECONDER: Roger Bettenhausen, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen
ABSENT: White, Mitchell
2. 20-267 Amending Section 155.10.10.J. of the Will County Zoning Ordinance - Residential Composting
Colin Duesing said currently any manure of any kind is prohibited as a composting material.
It has been addressed to us that horse manure, among all other manures, is much different. Believe it or not, it is different and is suitable for composting.
What we're looking to do is allow horse manure as compostable material in certain Residential Districts.
Horse manure may only be generated on-site by horses permitted within the Zoning Code and it requires proper construction, location and maintenance of composting storage areas for the composting of horse manure.
We’re calling it equine manure in the text because you can also have the ponies and the colts. We’ll just say horse manure.
This does not include any restrictions within the A-1 District, nor does it restrict the use as manure as a fertilizer. We’re not prohibiting someone buying manure from Home Depot or Menards or anything to bring it in for their garden. That’s not what we’re doing.
First, all the equine waste must be composted in accordance with all Illinois Department of Agriculture regulations.
We’re only allowing it in the R-1, R-2, E-1, E-2, and A-2 Districts, which are the larger area Zoning Districts that actually allow horses. In order to allow horses, some places require a Special Use Permit and that sort of thing. So, if the horse is allowed and you have a horse, you are allowed to compost on-site.
Composting again needs to be generated on-site. No off-site raw equine waste may be brought onto the property for composting, so you can’t run a business.
Additionally, all the composting must be in a storage area, basically a three-sided entity to store the waste. There will be no more than 3 of them and they must be of a sturdy material such as railroad ties, sheet metal, wood, and cinder blocks.
The area must be smaller than 3 x 3, but cannot be more than 5 x 5 so it doesn’t go too far the other way.
The height of the composting piles must not exceed 5 feet in height.
All the three-sided areas must not be no less than 50 feet from any neighboring property lines. So, you can’t put it next to the adjacent property.
There needs to be some sort of vegetative strip between the composting and the property line of at least 25 feet in order to catch the runoff.
The composting waste must be turned every 2 weeks to prohibit nuisance orders.
The composting must be covered on a day to day basis to prohibit what they call leachate, basically the runoff from the rain. A little moisture is ok. A lot of moisture is not ok. You can either have a roof or tarp to use for the cover.
Lastly, compostable waste per lot shall not exceed five cubic yards. With that 5 x 5 x 5, it’s within that parameter.
Then also lastly, this is coming from the Extension’s Office, no composting shall encroach or be within a designated floodplain or wetland. For us in the office, we wouldn’t do that anyway, but we have to write it down and make it applicable. This would be applicable to all the composting within all of Will County, not just this particular section, or this particular segment.
I believe that is it. Any questions on horse manure?
John Kiefner said the 50 foot could get a little hard in the Residential Districts. Colin Duesing said yes, very much so.
Roger Bettenhausen asked does the County of Will currently employee a person who has expertise in the area of horse manure to make sure they’re in compliance with these regulations?
Colin Duesing said the answer to that is yes, most of this was drafted by our Staff.
John Kiefner said he’s right, horse manure is a lot different from all the others. It’s an herbivore and practically impossible to have salmonella. If they don’t eat a heavy grain diet, it’s pretty much odorless.
Barbara Peterson asked is it really?
John Kiefner it’s one of those things if you put the right balsamic vinaigrette and olive oil on it and cooked it on the grill….. Some of this was inaudible due to several people talking.
Colin Duesing asked is there anybody on the phone with questions or comments on equine manure as composting material Text Amendment?
No response.
Colin Duesing said ok, thank you.
Motion passed unanimously, 5-0.
RESULT: APPROVED [UNANIMOUS]
TO: Will County Land Use & Development Committee
MOVER: John Kiefner, Commissioner
SECONDER: Roger Bettenhausen, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen
ABSENT: White, Mitchell
VII. EXECUTIVE SESSION
Not needed.
VIII. ANNOUNCEMENTS
None.
IX. ADJOURNMENT
1. Motion To Adjourn The Meeting
Motion made at 8:24 PM to adjourn the meeting. Motion passed unanimously, 5- 0.
The next meeting will be September 1, 2020.
RESULT: APPROVED [UNANIMOUS]
MOVER: John Kiefner, Commissioner
SECONDER: Roger Bettenhausen, Commissioner
AYES: Carruthers, Stipan, Peterson, Kiefner, Bettenhausen ABSENT: White, Mitchell
X. Visit www.willcountylanduse.com to view agendas and staff reports
https://willcountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=3825&Inline=True