Will County Planning and Zoning Commission met Sept. 6.
Here are the minutes provided by the commission:
I. CALL TO ORDER
Vice Chairman John Kiefner called the meeting to order at 6:30 PM
| Attendee Name | Title | Status | Arrived |
| Michael Carruthers | Commissioner | Present | |
| Kimberly Mitchell | Commissioner | Present | |
| Hugh Stipan | Chairman | Absent | |
| John Kiefner | Vice Chairman | Present | |
| Roger Bettenhausen | Commissioner | Present | |
| Matthew Gugala | Commissioner | Present |
II. PLEDGE OF ALLEGIANCE
Vice Chairman John Kiefner led the Pledge of Allegiance.
III. ROLL CALL AND DECLARATION OF QUORUM
A quorum was declared.
Land Use staff present were Dawn Tomczak, Susan McDavid, Marguerite Kenny, Brian Radner, Adrian Diaz and Colin Duesing.
Chris Wise was present from Will County State's Attorney Office.
IV. APPROVAL OF MINUTES
July 5, 2022 and August 2, 2022
MOTION TO APPROVE JULY 5, 2022 MINUTES.
Voice Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Roger Bettenhausen, Commissioner SECONDER: Michael Carruthers, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
MOTION TO APPROVE AUGUST 2, 2022 MEETING MINUTES
Voice Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Matthew Gugala, Commissioner SECONDER: Roger Bettenhausen, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
V. ZONING CASES
1. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended, for Zoning Case ZC-22-036, Ramiro Guzman, Owner of Record, Requesting (M-22-013) Zoning Map Amendment from R-5 to C-2, (V-22-044) Variance for Minimum Street Setback from 30 feet to 19 feet, (V-22-045) Variance for Minimum Side Yard Setback from 10 feet to 0 feet (south), ( V-22-047) Variance for Minimum Lot Frontage from 80 feet to 77.02 feet, (V-22-048) Variance for Minimum Lot Area from 12,000 square feet to 10,023 square feet, for PIN #30-07-12-109-017-0000, in Joliet Township, Commonly Known as 607 Algonquin Street, Joliet, IL County Board District #8
John Kiefner: As far as that applies to Variances, we have 5 members present we would have to have four YES Votes. Per State Law you must have a majority of the members on the commission not the members present. So, anyone who is not comfortable they could withdrawal their case until next Month.
Vice Chairman Kiefner calls Zoning case # 1.
Case Number ZC-22-036/ M-22-013, V-22-044, V-22-045, V-22-047, V-22-048 Adrian Diaz presenting Staff Report.
They are requesting a map amendment from R-5 to C-2 and the four variances shown on screen.
The purpose of this request is to reestablish a commercial use and bring lot into conformance with the Zoning Ordinance.
This case was heard on the July 5 meeting postponed until September 6th; the applicant was in the process to acquire the southern five feet of the neighboring property. I spoke with the applicant earlier today. He informed me that he is in the process of closing on that piece of property today. We are going to submit that we Postpone until the November hearing date.
Staff is recommending denial of the map amendment and all the variances.
Roger Bettenhusen: Mr. Chairman I make a Motion to Table Zoning case # ZC-22- 036 to the November 8th Meeting.
Planning and Zoning Commission voted 5-0 to approve to Table Zoning case # ZC 22-036 to the November 8th Meeting.
Postponed for PZC meeting on November 1th.
MOTION to PostPone Case # ZC-22-036, to November 1, 2022 meeting. Voice Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Roger Bettenhausen, Commissioner SECONDER: Matthew Gugala, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
2. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-22-022, William C. Kirwan and Lorrie Lindley Kirwan Joint Tenancy Trust dated February 16, 2018, Owner of Record; (William Kirwan, 50% Interest; Lorrie Kirwan, 50% Interest) Mark Kawinski of Fabrizio, Hanson, Peyla and Kawinski, P.C., Owners Attorney Mary Tobiason of Triathlon Labs LLC (d/b/a AMP (Athletic Movement Perfected)); Agent Michael J. Martin of Dunn, Martin & Miller, Ltd.; Agent’s Attorney, Requesting ( S-22-018) Special Use Permit for Sports and Recreation Participant, for PIN #07-01-27-303-012-0000 in Wheatland Township, Commonly Known as 23852 West Industrial Dr., Unit 3, Plainfield, IL, County Board District #13
Marguerite presented staff report. On August 31, 2020, the applicant was placed in violation for operating a triathlon training facility from an accessory structure from her residence (violation #20LU00747). Triathlon training is classified as a sports and recreation, participant use. Sports and recreation, participant is defined as a provision of sports or recreation primarily by and for participants and spectators would be incidental and on a nonrecurring basis (155-8.40-X). Sports and recreation, participant uses are not permitted in residential zoning districts (155-7.30).
Resolving violation #20LU00747, the applicant (Athletic Movement Perfected) relocated the business to the subject property and began operating without obtaining special use approval; sports and recreation participant uses require special use approval in I-1 districts. On December 1, 2021, the subject property was placed in violation (violation #21LU00834) for operating the illegal use. The applicant is requesting a special use permit for sports and recreation participant to bring the use into conformance with the Will County Zoning Ordinance. The special use applies to the entire property and is transferable to subsequent property owners. This is the first-time request.
The business operation consists of providing a training environment for triathletes; all clients and participants are prescreened/preregistered, and the use is not open to the public. During the warmer months, the clients ride bicycles outside throughout the area, using the indoor training center only for inclement weather. The applicant has 23 riders and 5 personal training clients; however, classes are limited to eight participants. The hours of operation are based on class times (Monday and Wednesday 6:00pm-8:00pm;
Tuesday and Thursday 4:45am-8:00am; Saturdays 6:00am-9:30am; and Sundays 7:00am 9:00am). These hours of operation appear to occur outside general business hours (8:00am-5:00pm). The special use request only applies to the activities occurring from the subject site; the use does not apply once the riders leave the site and enter the public right-of-way.
Agencies were notified. Wheatland Township Road commissioner had parking concerns. No objectors were present for this case.
Representatives for the property owner and tenant of Triathlon Labs LLC were present. Attorney Mark Kawiniski stated the property owner, Mr. Kirwan, has owned this building for many years without a complaint, the building is in good shape. A real estate person rented to Mary Tobiason for athletic uses without researching through the Land Use Dept. Mary Tobiason had no idea this us was binding by the Will County Zoning Ordinance. They are present before you to rectify. It was stated that Mr. Kirwan will add 12 new parking spots with striping and asphalt.
Attorney Michael Martin, stated that his client had no knowledge she was in violation. There are many similar uses within a 2 block radius. His client is a world class trainer, a personal trainer. There will only be 8 clients in the facility at one time. They will train on stationary bikes.
Therefore, requesting condition #4 be removed. This condition does not apply. At no time will they be riding outside.
Condition #4: The applicant shall provide a list of all riding routes that the riders will take to the appropriate road authorities which include the Illinois Department of Transportation, Will County Division of Transportation, Wheatland Township Highway Commissioner, Village of Plainfield Public Works Department, and additional road authorities in adjacent townships and municipalities where the riders will be utilizing the public rights-of-way. Should routes change or new ones be created, the new and updated routes shall be shared with the appropriate road authorities.
Commission discussed the #4 condition. Due to safety issues no biking outside in this area. A motion to remove condition #4 was made with a PZC vote of 5-0 to remove condition #4.
Staff recommended approval of a special use permit for sports and recreation, participant with the following three (3) 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. Within six months of County Board approval, a commercial remodel building permit shall be applied for the interior improvements to the proposed gym facility. 3. Off-street parking must be provided for the proposed use on the lot in accordance with Section 155-11.30.
Planning and Zoning Commission voted 5-0 to approve special use permit for sports and recreation, participant with three (3) conditions.
MOTION TO REMOVE CONDITION #(4) FOUR FROM STAFF RECOMMENDATIONS Voice Vote was taken. Motion Passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Roger Bettenhausen, Commissioner SECONDER: Kimberly Mitchell, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
MOTION FOR SPECIAL USE PERMIT FOR SPORTS AND RECREATION W/3 CONDITIONS
Voice Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Roger Bettenhausen, Commissioner SECONDER: Kimberly Mitchell, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
3. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-22-039, Stefan Radosavljevic, Owner of Record, and Michael R. Martin of Dunn, Martin & Miller Ltd.; Attorney, Requesting (M-22-015) Zoning Map Amendment from R-1 to C-1, for PIN #16-05-06-201-006-0000, in Homer Township, Commonly Known as 13761 South Archer Avenue, Lemont, IL, County Board Dstrict #7
Adrian Diaz presented the staff report.
The subject parcel is on the east side of Archer Avenue, and east of the intersection of Archer Avenue & the northbound on-ramp for I-355.
The subject property is improved with a single-family residence that per the Homer Township Assessor was built in 1971, and a 49-square-foot shed. The home has an attached garage. If rezoned, the lots and buildings would conform to the building and lot standards outlined in the Will County Zoning Ordinance for the C-1 (Local Commercial) district.
On November 8, 2021, the applicant was placed in violation (#21LU00798) for a prohibited use for operating a trucking logistics office from a residential property. The applicant met with Land Use Staff in a pre-application meeting to discuss remedies to the cited violation on December 10, 2021. As the applicant operates a trucking company but only the administrative office duties are performed on the subject site, no semi-trucks are coming or using this site, Staff classified this use as an office. Offices are not permitted uses in the R 1 zoning district. Offices are permitted by right in the commercial districts. Staff reviewed the commercial districts in the area being C-1 and C-2; local commercial.
There will be eight (8) to ten (10) employees at the subject property. Per the conceptual site and grading plan submitted by the applicant, there will be a total of 11 parking spaces included on site. Parking will be reviewed when the applicants apply for a site development permit.
The subject property is within a 1.5-mile radius of the corporate boundaries of the Village of Lemont, the City of Lockport, the Village of Homer Glen, and the Village of Romeoville.
Of the agencies notified, no objections were made.
No objectors to the case were present.
Attorney Michael R. Martin spoke that his client bought the property and had no knowledge of the zoning ordinance and codes. He stated that his client will develop a new parking lot, will comply with the building codes, and will work with Will County Land Use staff. He stated that this use is not a truck company.
Staff recommended approval of a map amendment from R-1 to C-1. Planning and Zoning voted 5-0 to approve the map amendment from R-1 to C-1.
MOTION FOR MAP AMENDMENT FROM R-1 TO C-1
Voice Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Matthew Gugala, Commissioner SECONDER: Kimberly Mitchell, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
4. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-22-042, Witte Properties LLC, Owner of Record, (Jeffrey Witte 100% Owner) Cynthia Payne, Agent, and Joe Klein of Klein, Daday, Aretos, and O’Donohue, Attorney, Requesting (M-22-017) Map Amendment from E-1 to C-1, for PIN #07-01-27-300- 009-0000, in Wheatland Township, Commonly Known as 23610 West 127th Street, Plainfield, IL, County Board District #13
Adrian Diaz presented the staff report.
The subject parcel is five (5) acres and has 396 feet of frontage along 127th Street. It was first recorded in 1990 and conforms to the minimum lot standards for the E 1 district.
If rezoned, the subject property and all structures on the property would have to have a remodel permit for commercial code. The C-1 district requires that lots be at least 12,000 square feet and have at least 80 feet of frontage. It also requires that any structure on the site be setback at least 30 feet from the right-of-way, 10 feet from the side lot line, and 20 feet from the rear lot line.
The property has access to 127th Street via an asphalt driveway.
The applicant would like to operate a retail store specializing in home décor products. The business will be open from Wednesday to Sunday from 10:00 AM to 7:30 PM and serve approximately 30 customers per day. The applicant expects three to four customers at any one time. The applicant intends to live on the second floor of the house. The Zoning Code states that for retail, four (4) parking spaces are required for every 1,000 square feet devoted for that use.
The parcel is in the Wheatland Township and abuts the corporate boundaries of the Village of Plainfield to the north and east. The Village of Bolingbrook is three quarters of a mile to the east. The City of Naperville is 1.15 miles to the north.
The subject property is serviced by municipal water but not sewer; it has a septic system. The property is within the Village of Plainfield’s Facility Planning Area.
Agencies notified and no objections brought forth.
Two (2) concerned citizens were present. They have houses in the subdivision that backs up to the property. They both had concerns for their family. Safety concerns with traffic problems and lose their privacy on their property. They were concerned their neighbors had not been informed of this hearing.
Chairman Stipan and Dawn Tomczak confirmed that the letters were mailed. The applicant made every effort to notify the surrounding neighbors.
The agent, for this case, said she would like to talk with them and explain her vision for parking and the clientele for the retail store.
Staff recommended approval of a map amendment from E-1 to C-1.
Planning and Zoning voted to approve with a vote of 5-0 for a map amendment from E-1 to C-1.
MOTION TO MAP AMENDMENT FROM E-1 TO C-1
Voice Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Carruthers, Commissioner SECONDER: Roger Bettenhausen, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
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-22-044, David Stotts, Owner of Record, requesting (V-22-057) Variance for minimum street setback from 30 feet to 18 feet and (V-22-065) Variance for minimum lot frontage from 90 feet to 87.10 feet for PIN # 06-03-21-106-031-0000, in Plainfield Township, commonly known as 16231 Lewood Dr., Plainfield, IL
Marguerite Kenny presented the staff report.
The subject property is located on the east side of Lewood Drive, north of Fraser Road.
The subject property is improved with a single-family residence with an attached two-car garage. Per the Plainfield Township Assessor, the residence is a split level that was constructed in 1974. The property has a concrete driveway that accesses Lewood Drive to the west.
In May of 2022, the applicant applied for a building permit (permit #2201330) to construct a covered front porch. As the R-3 district requires a minimum street setback of 30 feet, any expansion into the street setback requires variance approval. The submitted site plans show the existing residence built at the 30-foot building line setback (street setback) for the subdivision; the proposed covered front porch would extend into the street setback 18 feet from the right-of-way line.
On June 8, 2022, the applicant submitted a zoning application requesting two variances to address the street setback encroachment and the deficient lot frontage; this is their request. The applicant is requesting a variance for the street setback to permit the covered front porch to extend 12 feet off the residence and be 18 feet from the right-of-way line of Lewood Drive, and a variance to bring the 87.10 feet lot frontage into conformance with the R-3 district lot frontage standard.
Per the Will County 2040 Long Range Transportation Plan, Will Connects, there are no proposed improvements within the vicinity of the subject site.
Staff finds that the alleged difficulty is partially created by the applicant. The variance request for the street setback results from the applicant wishing to construct a covered front porch. The lot frontage request is based on a previous property owner who sold a portion of the lot to the southern neighbor so that the lot could meet R-3 setbacks.
The agent, for this case stated the home was brought in foreclosure and the property line went through the neighbors shed. They never filed so he is trying to rectify the property line issue. They intend to retire in this home and would like to build the dormer roof to keep the sun out of the homes windows and so they can sit and watch the kids play basketball while comfortable in the shade.
Planning and Zoning Commission voted 5-0 to approve for variance from minimum street setback from 30 ft to 18 ft.
Planning and Zoning Commission voted 5-0 to variance for minimum lot frontage from 90 ft to 87.10 ft.
MOTION FOR VARIANCE FROM MINIMUM STREET SETBACK FROM 30 FT TO 18 FEET
Voice Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Roger Bettenhausen, Commissioner SECONDER: Matthew Gugala, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
MOTION FOR VARIANCE FOR MINIMUM LOT FRONTAGE FROM 90 FT TO 87.10 FT
Voice Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Roger Bettenhausen, Commissioner SECONDER: Matthew Gugala, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
6. 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-22-048, Victor Gutierrez, Owner of Record, requesting ( (V-22-059) Variance for minimum side yard setback (north) from 10 feet to 5.67 feet, for PIN # 30-07-14-303-013-0000, in Joliet Township, commonly known as 713 Logan Avenue, Joliet, IL
Adrian Diaz presented the staff report.
The parcel is approximately 418 feet south of Interstate 80 and 300 feet north of New Lenox Road. The property is approximately 600 feet south of the corporate boundaries of the City of Joliet. The subject property is Lot 27 of the Arthur T. McIntosh and Co’s Joliet Farms Subdivision, platted on October 25, 1946 (PB27- P91). The property has 96.50 feet of lot frontage along Logan Avenue and is 46,587 square feet in area.
The subject parcel is improved with a single-family residence, a detached garage (736 square feet), and a gazebo. Per the Joliet Township Assessor, the residence was built in 1948. The property has access to Logan Avenue to the east via two (2) asphalt driveways.
Staff could not be determined that the garage was legally established.
The applicant applied for building 2201189 for an addition to a detached garage. Per the Plat of Survey submitted, the existing detached garage is 5.67 feet away from the north lot line, as it is encroaching into the side yard setback, a variance is needed. If the variance is approved, the proposed addition to the garage will continue the established building line within the approved setback line.
Staff finds that the purpose of this variance request is not based upon a desire to make more money out of the property. The expansion of the detached garage is for the personal enjoyment of the property
Looking at inoperable vehicle on subject property. The applicant was informed that this is not permitted in the R-4 district.
Staff recommended approval of variance for side setback (north) from 10 feet to 5.67 feet.
Two (2) concerned citizens were present. The concerns were for their mother's property. They were concerned that the agent, would be using this home for his business.
Adrian Diaz informed them, you are permitted to have certain home occupations per zoning ordinance. It is zoned residential. He can bring his own personnel truck home. He cannot have employees coming or parking vehicles there. They can always call in a complaint to the Will County Land Use Department if they think something is amiss. We are a compliant based county. We often don't find out about violations until
residents report them. If they are doing something on the property that isn't allowed, they can always call it in. One of our code enforcement officers will go and check it out.
Planning and Zoning voted to approve with a vote of 5-0 for approval of variance for minimum side yard setback North from 10 ft. to 5.67 ft.
MOTION FOR VARIANCE FOR MINIMUM SIDE YARD SETBACK (NORTH) Voice Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Carruthers, Commissioner SECONDER: Kimberly Mitchell, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
VI. OTHER
1. 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 Temporary Use Permit , TUP-22-006, Trust 93-4925, Owner of Record; (Craig and Laura Tracy, each 50% beneficiaries) Craig and Laura Tracy, Agents, , requesting temporary use permit for an annual fall festival with paint ball activities, for PIN # 21-14-23-200-009-0000, in Monee Township, commonly known as 3450 Crete-Monee Road, Monee, IL
Brian Radner presented the staff report.
The temporary use is proposed to commence September 23, 2022 and end on November 6, 2022. The use will only operate on the following days: September 23, 24, 25 and 30; October 1, 2, 7, 8, 9, 14, 15, 16, 21, 22, 23, 28, 29, 30; November 4, 5, and 6.
The stated hours of operation are 6:00pm to 12:00am Friday and Saturday and Sunday from 6:00pm to 11:00pm.
The applicant has proposed fall festival activities such as hayrides, corn cannons, pumpkin patch, corn pit, paintball, hayrides, paintball gallery, axe throwing, refreshments, and other similar activities.
The applicant has held this fall festival and it has been approved by the Will County Planning and Zoning Commission since 2012. There are no known issues that have generated from its operation.
No Comments were received by the agencies notified.
Approval of a temporary use permit for a fall festival with paint ball activities with eleven (11) conditions:
1. The temporary use permit is valid from September 23, 2022 through November 6, 2022.
2. An inspection by the Will County Land Use Department's Building Division shall be performed prior to issuance of full temporary use permit approval.
3. The applicant shall provide a Certificate of Liability Insurance prior to issuance of full temporary use permit approval.
4. Temporary structures shall comply with all requirements of the Will County Building Division.
5. The temporary use shall comply with all requirements of the Monee Fire Protection District.
6. The temporary use shall comply with all requirements of the Will County Health Department.
7. Parking shall be provided on the subject property. Off-site parking is prohibited within the right of way. Parking on or along County highways (Crete-Monee Road) is prohibited. Ingress and egress for emergency vehicles must be provided and kept clear at all times. No work or additional access is permitted in the County’s right of way.
8. If required, traffic control shall be provided by the Will County Sheriff’s Office. The applicant shall furnish proof of obtaining Sheriff’s Deputies for traffic control prior to issuance of full temporary use permit approval.
9. Temporary festival structures, festival decorations, and temporary festival signs shall be cleared from the property by November 20, 2022.
10. Fall festival decorations and signage shall not be located within the public right-of-way.
11. The sale/serving of alcoholic beverages shall be prohibited
The agents were in attendance.
Planning and Zoning Commission voted 5-0 to approve the annual fall festival w/(11) conditions.
MOTION FOR APPROVAL OF THE ANNUAL FALL FESTIVAL W/(11) ELEVEN CONDITIONS
Roll Call Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Matthew Gugala, Commissioner SECONDER: Kimberly Mitchell, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
2. 22-256 Amending Sections of the Will County Zoning Ordinance-Solar Farms, Battery Energy Storage for Sections 155-7.30 Use Table, 155-8.30 Public and Civic Use Category and 155-9.220 Reserved Battery Energy Facilities
Brian Radner, AICP, Director of Development, presenting report.
Amendment to the Will County Zoning Ordinance - Battery Energy Storage Facilities.
It is the policy of the State of Illinois to move toward 100% clean energy by the year 2050. Battery energy storage facilities will play a part in meeting that goal. The LUDC discussed a text amendment to regulate this use beginning in June 2022. After reviewing all suggested changes to the Will County Zoning Ordinance, they directed staff to schedule a public hearing at their August 2022 meeting. Attached for consideration at the public hearing, is the draft Will County Zoning Ordinance text amendment.
Land Use & Development Committee - 9/13/2022 - Review public hearing comments
Will County Board - 9/15/2022 - Adoption of text amendment 155-7.30 Use Table
155-8.30 Public and Civic Use Category
155-9.220 Battery Energy Storage Facilities
Separate Public Hearings for each text Amendment.
Planning and Zoning Commission voted 5-0 to open public hearing for amending solar farms, battery energy storage.
The production, collection or distribution of renewable energy, water, organic waste, or other similar resources at a neighborhood or campus scale are expressly classified as minor, basic utilities, and services. This includes renewable, distributed energy facilities; battery energy storage facilities 10-acres or less in size, neighborhood composting areas and neighborhood stormwater facilities.
Minor, basic. The production, collection or distribution of renewable energy, water, organic waste, or other similar resources at a neighborhood or campus scale are expressly classified as minor, basic utilities, and services. This includes renewable, distributed energy facilities; battery energy storage facilities 10-acres or less in size, neighborhood composting areas and neighborhood stormwater facilities.
Major. Infrastructure, utility, and public service uses that typically have substantial land-use or operational impacts on surrounding areas. Typical uses include wholesale power generators, utility-scale power generation facilities, water and wastewater treatment facilities, public works and utility storage yards and garages, high-voltage electric substations, water treatment plants and major water storage facilities, such as water towers and reservoirs.
We did receive some comments from the Clean Grid Alliance. Comments on the Zoning Ordinance and suggestions on how it can be enhanced for the purposes of regulating this use. I did receive a comment from NRG, looking at using existing fencing. To not require a fence within a fence. Suggestion has been made to not use acreage in description.
Planning and Zoning Commission voted 5-0 Motion to close the public hearing for amending solar farms, battery energy storage.
MOTION TO OPEN PUBLIC HEARING FOR AMENDING SOLAR FARMS, BATTERY ENERGY STORAGE
Voice Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: John Kiefner, Vice Chairman SECONDER: Michael Carruthers, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
MOTION TO CLOSE PUBLIC HEARING FOR AMENDING SOLAR FARMS, BATTERY ENERGY STORAGE
Voice Call Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: John Kiefner, Vice Chairman SECONDER: Roger Bettenhausen, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
3. 22-258 Amending Sections 155-7.30, 155-9.240 of the Will County Zoning Ordinance - Self- Service Storage Facilities
Planning and zoning commission voted 5-0 to open public hearing for self storage facility.
Colin Duesing - Long Range Planner presenting report.
Self-Service Storage Facilities
Based upon the discussion of the July meeting regarding this topic, I believe the attached Use Table (155-7.30) with the proposed changes reflect what the Committee was suggesting.
• Self-Service Storage Facilities were moved from the Industrial section and moved into the Commercial section of the Use Table.
• The Self-Service Storage Facilities use was then split into two different versions - one with no outdoor storage permitted and one with outdoor recreational vehicle storage allowed in accordance with provisions of Supplementary Use Section 9.240 (C).
No other changes to the text or definitions will be required with these proposed changes.
§ 155-9.240 SELF-SERVICE STORAGE FACILITIES.
Section 9.240 (C) All storage on the property must be kept within an enclosed building, except in the I-3 district where outdoor storage of recreational vehicles is allowed as of right and in the C-3, C-4, I-1 and I-2 districts, where outdoor storage of recreational vehicles may be approved as a special use.
155-9.240 SELF-SERVICE STORAGE FACILITIES.
Self-service storage facilities are subject to all of the following regulations. (A) Self-service storage facilities are limited to dead storage use only. (B) No activities other than rental storage units and pick-up and deposit of dead storage are allowed on the premises.
(C) All storage on the property must be kept within an enclosed building, except in the I-3 district where outdoor storage of recreational vehicles is allowed as of right and in I-1 and I-2 districts, where outdoor storage of recreational vehicles may be approved as a special use.
(D) A fence must be provided around the perimeter of all drive-up style self-service storage developments. The fence must be at least six feet in height and must be constructed of opaque materials such as brick, stone, architectural tile, masonry units, wood, or similar finish materials that will prevent the passage of light and debris. Chain link and woven wire fences are expressly prohibited.
(E) No door openings for a drive-up style self-storage unit may face any R-zoned property.
(F) No drive-up style self-service storage building may exceed 12 feet in height. (G) No drive-up style individual storage unit may exceed 600 square feet in floor area.
(H) Parking and loading/unloading areas must be provided. Drive-up style self service storage uses may provide required parking within parking/driving lanes adjacent to the storage unit buildings. These lanes must be at least 26 feet in width when storage units open onto only one side of the lane and at least 30 feet in width when storage units open onto both sides of the lane.
(I) No person, on premises covered by a special use permit for self-service storage facility may conduct:
(1) Any business activity (other than rental of storage units) including miscellaneous or garage sales, and transfer/storage businesses that utilize vehicles as part of the business. (2) Servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment.
(J) All self-service storage facility rental/lease agreements must include clauses prohibiting:
(1) The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals.
(2) The use of the property for uses other than dead storage.
(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)
Melissa King: Village of Homer Glen, Director of planning and zoning for the Village of Homer Glenn. We are presenting this text amendment to our board on this agenda next week. I am here for recognizance we have been following this text amendment. It came about because of another Zoning case the Village formally objected to. I am here looking at the final text. As I understand it presented tonight this will go Land Use Committee on the 13th, then the Board on the 15th, which is for us. Our Board meeting is on the 14th. We could pass a resolution that night if we wanted to object to this text amendment as well. I am not sure we will have time to run it down to the clerk’s office that morning and file it. I am not sure if the Board would be able to receive it in time. So, I guess what I am asking being here tonight if that could be potentially pushed to the October Board meeting. To give the Village enough time to look at it. I can't speak formally on the Boards position. If you have any questions I can answer.
Vice Chairman Kiefner: If this were delayed a month or two it wouldn't make a big ripple in County Government?
Consensus was No.
Planning and zoning commission voted 5-0 to close public hearing for self storage facility.
MOTION TO OPEN PUBLIC HEARING FOR STORAGE FACILITIES
Roll Call Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: John Kiefner, Vice Chairman SECONDER: Matthew Gugala, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
MOTION TO CLOSE PUBLIC HEARING FOR STORAGE FACILITIES
Roll Call Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: John Kiefner, Vice Chairman SECONDER: Matthew Gugala, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
4. 22-257 Amending Section 155-7.30 of the Will County Zoning Ordinance Warehousing, Wholesaling and Freight Movement and Grain Storage in Industrial Districts
Planning and Zoning voted to approve with a vote of 5-0 motion to open the Public Hearing, regarding warehousing whole sailing and freight movement in industrial districts.
Colin Duesing - Long Range Planner presenting report.
Self-Service Storage Facilities
Based upon the discussion of the July meeting regarding this topic, I believe the attached Use Table (155-7.30) with the proposed changes reflect what the Committee was suggesting.
• Self-Service Storage Facilities were moved from the Industrial section and moved into the Commercial section of the Use Table.
• The Self-Service Storage Facilities use was then split into two different versions - one with no outdoor storage permitted and one with outdoor recreational vehicle storage allowed in accordance with provisions of Supplementary Use Section 9.240 (C).
No other changes to the text or definitions will be required with these proposed changes.
Planning and Zoning voted to approve with a vote of 5-0 motion to close the Public Hearing, regarding warehousing whole sailing and freight movement in industrial districts.
MOTION TO CLOSE PUBLIC HEARING FOR WAREHOUSING
Roll Call Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: John Kiefner, Vice Chairman SECONDER: Kimberly Mitchell, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
MOTION TO OPEN PUBLIC HEARING FOR WAREHOUSING
Roll Call Vote was taken. Motion passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: John Kiefner, Vice Chairman SECONDER: Roger Bettenhausen, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
VII. EXECUTIVE SESSION
VIII. ANNOUNCEMENTS
IX. ADJOURNMENT
MOTION TO ADJOURN
Voice Vote was taken. Motion to adjourn passed unanimously, 5-0.
| RESULT: APPROVED [UNANIMOUS]
MOVER: John Kiefner, Vice Chairman SECONDER: Michael Carruthers, Commissioner AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSENT: Stipan |
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