Will County Land Use & Development Committee met Oct. 11.
Here are the minutes provided by the committee:
I. CALL TO ORDER AND DECLARATION OF QUORUM
Chair Tyler Marcum called the meeting to order at 11:07 AM
| Attendee Name | Title | Status | Arrived |
| Saud Gazanfer | District 4 (D - Bolingbrook) | Absent | |
| Tyler Marcum | Chair | Present | |
| Amanda Koch | Vice Chair | Absent | |
| Steve Balich | Member | Present | |
| Judy Ogalla | Member | Absent | |
| Jacqueline Traynere | Member | Absent | |
| Tom Weigel | Member | Present | |
| Meta Mueller | District 5 (D - Aurora) | Present |
A Quorum was declared.
Land Use Staff present Brian Radner, Adrian Diaz, Marguerite Kenny, Mary Hartegan, David Dubois, Dawn Tomczak, Scott Killinger and Susan McDavid.
Matt Guzman present from The Will County State's Attorney Office.
II. PLEDGE OF ALLEGIANCE
Meta Mueller led the Pledge of Allegiance.
III. APPROVAL OF MINUTES
1. WC Land Use & Development Committee - Regular Meeting - Sep 13, 2022 10:30 AM
MOTION TO APPROVE MINUTES FROM September 13, 2022.
Voice Vote was taken. Meta Mueller voted Yes/Aye. Motion passed unanimously 4-0, with no additions or changes.
| RESULT: APPROVED [UNANIMOUS]
AYES: Marcum, Balich, Weigel, Mueller ABSENT: Gazanfer, Koch, Ogalla, Traynere |
IV. NEW BUSINESS
1. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended, for Zoning Case ZC-22-015, Lorrayne, Ltd., Owner of Record (Christina Rowinski, 50% Interest; Peter Zeman, 50% Interest), Peter Katowicz and Amy Katowicz, Agents, Requesting (M-22-006) Zoning Map Amendment from A-1/C-2 to I-1, (S-22-012) Special Use Permit for Self-Service Storage Facility, (S-22-013) Special Use Permit for Outdoor Storage, (V-22-009) Variance for Maximum Self-Service Storage Building Height from 12 ft. to 28 ft. , (V-22-010) Variance for Maximum Self-Service Storage Unit Floor Area from 600 sq. ft. to 700 sq. ft., for PIN #16-05-17-400-023-0000; 16-05-17- 400-024-0000; 16-05-17-400-025-0000 (Consolidated per Petition #2022-18) Commonly Known as Vacant Property on 159th Street, Homer Glen, IL, County Board District #7
(Margguerite Kenny)
Marguerite Kenny presenting Staff Report
Originally heard at Planning and Zoning Commission Meeting back on June 7th, then proceeded to Land Use Department it proceeded to this Commission then went to County Board was remanded.
Map amendment from A-1/C-2 to I-1.
2. Special use permit for a self-service storage facility.
3. Special use permit for outdoor storage.
4. Variance for maximum height of a self-service storage facility from 12 ft. to 28 ft.
5. Variance for maximum floor area of a self-service storage unit from 600 ft. to 700 ft.
To operate a self‐service storage facility with outdoor storage.
Tyler Marcum: I don't remember if we voted to recommend approval, I think we did.
Marguerite Kenny; looking up the vote on computer.
Steve Balich: Everyone on the Homer Glenn side is going to be against it. This has been going on a long time. The discussion was changing it from an industrial use to a commercial use.
Tyler Marcum: It is currently zoned A-1/C-2 it is a split parcel. Zoning Map amendment is to change that to an I-1 zoning. That is what Homers legal objection is.
Steve Balich: We have a meeting with the real estate person on Friday. Maybe we can come up with something. In the meantime, we are going to be against it in Homer.
Marguerite Kenny: Land Use did Vote 2-4 to defeat the request. Tyler Marcum: Any public wishing to speak come on down.
Peter Katowicz: I can speak about this forever so I will try to be brief here. A couple points there seems to be a lot of confusion. At the prior meetings I discussed the quality of the facility what we offer. I did pass out that flyer that does show what we are building. Since we are carbon copying the first facility my wife and I built. I just want to go over some misconceptions as I speak to the board members. Some folks were not really sure what we are doing. First, we are not building thirty-foot and forty-foot storage warehouses and buildings. The tallest building is twenty-six feet that is the office. The office is a single-story building. It is built to pretty much every new commercial standard. It has a 16-foot interior clearance height with a peaked roof. So that is standard size. Every storage building is a least ten feet shorter than that. There are no big, tall buildings. We did have objections from the neighbor Mr. Locascio, that we would store junk. If you look through the photos of what we have built. We do not store junk. We are not sought out by people who are looking to store junk. We require proof of registration; proof of insurance and all vehicles have to be driven in under their own power. From the RV standpoint there definitely is no junk. That is one point that was missed by a lot of folks. We wanted to look at the possibility of donating the back (10) ten acres of the property to the Forest Preserve, I just wanted to bring that up again. The big one was the neighboring uses. This property was recommended for approval by our County Use Administration. Prior to this you go through with them, you sit down with them, they look at all the data and they pretty much tell you whether it is worth moving forward whether this works based on your current zoning laws. They put together that (60) sixty page report. Recommended it for approval, it is because of that guidance that we are moving forward. If you take a look at the second packet, I handed out, it has neighboring use details. It has all the land that is around it. Discusses other property uses in the area. Synopsis was the whole area is a mix of these type of uses.
None of the board members that we spoke with had any concern with the quality of the project or the project itself. But really that it would invite warehousing to the area, and the Board is against the warehousing. With that text amendment that has now passed. Pretty much every Board Member has told us they love the project. They don't like the warehouses, with that gone concerns were alleviated. I just wanted to touch on that again. I spoke on Mr. Locascio, not living next door, is a commercial property unimproved. That property is for sale he does intend for the buyer to keep those two tenants there that is how he is selling it. We did look at purchasing that property, we walked away from that property, purchasing the property next door. So, for that reason he is upset with us. He was aware of our case use when we were in discussion with him, and he was OK selling it to us. His own real-estate listing does list his property being used for I-1. So, his objection I think might be because he was a little upset that we walked away from his property and went next store. Regarding the objection with Homer Glenn. I think this is the important one. Their judgment is (2) two points the proposed development does not fit within the long-term mixed-use vision of the corridor. Then the I-1 zoning would be spot zoning. Regarding the mixed-use development based of their 2005 comp plan 2020 not yet ratified comp plan, the development does fit the mix use criteria. That self-storage is built in mixed uses by default these days. Right next door very locally to your community or in your county you have new mixed-use developments going up with self-storage in Plainfield and Lockport. So, this is something you do build into mixed use. From your Land Use Departments report they did mention the parcel falls within the planning boundary of Village of Homer Glenn, the 2005 comp plan identifies that the property use, proposed use does satisfy the following Comprehensive Plan recommendations for commercial and business development. To encourage the development of new business light industrial, and office/research along that I-355 corridor. So, their comp plan and your Land Use Department basically agree with that. Secondly, the spot zoning. Mixed use developments sort of by default is spot zoning because, it is multiple zoning's at one time or within one area. Your Land Use Departments report states that within a Half mile you've got properties the include residential, institutional, commercial, and industrial. Within both unincorporated and the Village. Within that half mile you have A-1, A-2, E-1, I-2, all the R's, C-2, C-3, C-6 I-1 and I-3 all with in unincorporated. Within the Village you've got the same E-1, E-2, R-1, all the R's, C-2, C-3, and I-1. Basically, within a half mile in this picture in the document you have all those uses there. Rezoning this property to anything doesn't either cause spot zoning or fix the spot zoning. That is already there. My wife and I are not wealthy individuals. It takes a lot of hard work and time to save the money to be able to do this. It is under that guidance that (60) sixty-page report and The Land Use says this works here. That we move forward. At this point we have roughly $100,000 into this $15,000 which is the application fee just for the County to do that report to recommend this. We have a (2) two year old and a (4) four year old that is one of their college tuitions that we have in this so far. So, I just ask that the Board please vote on the merits of the project. That you vote on your Land Use Departments recommended approval. Planning and Zoning approval, by what is allowed in your zoning code, what is right for the property owners, the families, the businesses, just not guided by those pressures from Homer Glenn.
MOTION FOR MAP AMENDMENT A1/C2 TO I-1
Roll Call Vote was taken. Meta Mueller voted Yes/Aye. Roll Call Vote was taken. Motion passed 3-1.
| RESULT: APPROVED [3 TO 1]
AYES: Marcum, Weigel, Mueller NAYS: Balich ABSENT: Gazanfer, Koch, Ogalla, Traynere |
Meta Mueller seconded the Motion. Roll Call Vote was taken. Meta Mueller voted Yes/Aye. Roll Call Vote was taken. Motion passed 3-1.
| RESULT: APPROVED [3 TO 1]
AYES: Marcum, Weigel, Mueller NAYS: Balich ABSENT: Gazanfer, Koch, Ogalla, Traynere |
Meta Mueller seconded the Motion. Roll Call Vote was taken. Meta Mueller voted Yes/Aye. Roll Call Vote was taken. Motion passed 3-1.
| RESULT: APPROVED [3 TO 1]
AYES: Marcum, Weigel, Mueller NAYS: Balich ABSENT: Gazanfer, Koch, Ogalla, Traynere |
(Marguerite Kenny)
Marguerite Kenny presenting Staff Report.
Special Use Permit for on-premises dynamic display in agricultural and residential zoning districts.
Variance for minimum setback of a dynamic display sign face from a residential structure from 300 feet to 112 feet.
To obtain a sign permit for a dynamic display.
The subject property is located at the southeastern corner of S. River Road and W. Renwick Road. It is 2.0 acres (~87,120 square feet) and has 286.31 feet of lot frontage along Renwick Road and 278.89 feet of lot frontage along
S. River Road. It is zoned R-2, a residential zoning district, and conforms to the minimum lot requirements.
• The property is improved with a one-story frame commercial building used as a Fraternal Hall and Tavern by the American Legion, a permitted use in the R-2 district. There is also a pavilion in the rear of the property used for concerts and a beer garden. As such the site contains approximately 97 parking spaces with seven (7) American Disabilities Act (ADA) complaint spaces.
• The American Legion desires to have an electronic messaging sign on the premises to help inform the public about upcoming events. Currently the Legion uses a portable sign to inform the public about upcoming events and is seeking a more permanent sign. Any element of a sign or sign structure capable of displaying words, symbols, figures, images, or messages that can be electronically or mechanically changed by remote or automatic means. This also includes any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows a sign to present a series of images, messages or displays is defined as a dynamic display sign and requires special use approval I agricultural and residential zoning districts.
STAFF RECOMMENDATIONS
• Denial of a special use permit for on-premises dynamic display in agricultural and Residential zoning districts
• Should the Board wish to recommend approval, Staff recommends the following two (2) 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. A photometric plan, signed and stamped by a licensed lighting professional, shall be submitted along with the building permit for the dynamic display sign conforming to the requirements of sections 155-14.110-D and 155-13.70-D-10 of the Will County Zoning Ordinance.
• Denial of a variance for minimum setback of a dynamic display sign face from a residential structure from 300 feet to 112 feet.
The applicant has been wanting a dynamic display sign for many years. It has finally with the zoning ordinance amending a few years back to allow with the special use approval in residential zoning districts to potentially get a dynamic display. They are looking to have this dynamic display meet the requirements of the zoning ordinance they were granted a variance at The Planning and Zoning Commission. For the distance for the location of the sign in location to the closest dwelling. Which is on the north side of Renwick Road and it will be about 112 feet. The sign will meet the requirements of the zoning ordinance. There was one concerned citizen who happens to be one of the neighbors who came out to object the location and the dynamic display. Mainly because of the lighting display at nighttime and the potential impact with that. The Planning and Zoning Commission added a condition #3 to the special use request.
Stating that the dynamic display cannot be on, lighted outside the hours of operation.
The Planning and Zoning Commission voted to approve the variance set back as well as the special use permit. W/ #3 conditions.
Tom Weigel: What are the hours of operation? I saw something about (2) two AM that sounds pretty late.
Marguerite Kenny: It is my understanding that their hours of operation are Typically until about (2) two AM, but it does vary. If they need to open for a Veteran or someone from the public who needs emergency services, they would be open. Varying with demand use of the facility.
Tom Weigel: I think maybe we should say (11) eleven PM or something like that rather than (2) two PM. I would like to make that change to the condition.
Tyler Marcum: Tom has made a Motion to add onto that condition, so the slide shuts down at (11) PM. I need a second for Tom's Motion.
Meta Mueller: I will second Tom's motion.
Tyler Marcum: Does anyone have anything on the amendment? Any thoughts? No response.
Tyler Marcum: Anyone from the Legion Here? Come on down to the microphone.
James Castaneda; Commander American Legion Post, Plainfield: I don't have a problem with the (11) eleven PM. We do have various hours M-S. We do have our post open different hours different days, so Sunday, Monday, Tuesday, it is open to (11) eleven PM. Wednesday, Thursday it is open to Midnight. Friday, Saturday our busiest days we are open to (2) two AM. The neighbor that came to the last meeting. There is a tree line between us and where he is living at. There is another digital sign that he is closer to owned by the Park District of Plainfield. If that sign does not bother him. I can surely tell you that our sign where it is going to be located would not bother him at all.
Brian Chevene: I have been part of the American Legion here for a few years James Castaneda and myself are both combat veterans we both served in the Marines. I severed a little over (20) twenty years. The American Legion is an actual post that cares about its community and Veterans. We host various events Cub Scouts, Daughter of the American Revolution the Police to rattle them all of would take some time. The main complaint we had, and we addressed it in our first meeting. Was the lighting. As James said the building is in the way, there is a tree line. There is also a little pond. The person who had concerns we actually agreed to if the hours of operation we are open the sign should be on. The sign should be on 24-7. As far as I am concerned because we are a home for the Veterans, everyone has heard of the 22 a day, it has been bumped up to 24 a day. So, there are 24 Veterans who commit suicide every day because they can't find a relief or someone to talk to. A place to go be around other Veterans who know what we have been through. I would hate for a Veteran come and try to find the American Legion in Plainfield and not be able to find it because our sign is not on. As Lino is going to attest, this sign is a smart sign, depending on the lighting of the day the sign will dim down by itself. We can program it to dim down even further. I just find it hard to believe the American Legion has been in Plainfield for over 100 years and we still don't have a sign.
James Castaneda: A quick add, we also have street lights in that intersection on River and Renwich Road. Compared to the sign we are going to get those post lights are way brighter. If it wasn't for the street lights, you wouldn't even see our Post. Like Brian said we are open we would like to leave it on all the time. So, Veterans would know here is the American Legion. We pass on a lot of information; we are a disaster relief center so in case of a national disaster we open our doors to anybody to use our halls for emergency purposes.
Brian Chevene: There is a posted sign across the street that says there is going to be a park put in. So, I would assume that would be lights and lighting and things to consider. I am pretty sure that all the new parking lot lights and the parking lot lights themselves would most likely be brighter than our sign.
Lino Carrillo: Good Morning I am Lino Carrillo, Express Signs and Lighting. I represent the client; I am here to answer any questions. There was some concern about the lighting from (1) one resident it turns out in the map I submitted for the record, shows his residence is actually behind the building. The building is in-between the sign and his residence. As well as the trees. There is already a message center on the street. This is a Daktronics message center which is the top of the industry, state of the art. It is fairly sophisticated, can manage any and all requirements in terms of dimming at night. Or whatever time frame it needs to dim or turn off. The capabilities are pretty significant. I am happy to answer any questions.
Tom Weigel: Question for Staff are their vacant properties near there where they can raise their own precedence in the future.
Marguerite Kenny: There are residential zoned properties west of this property, but you have the DuPage River right there and there is a lot of flood way. I don't believe any of these properties would be improved with residences. I do believe there is a park project potentially, along this area within that Plainfield Park District. Using the old Renwich bridge which is in the vicinity as well. I don't foresee any additional residences being built.
Tom Weigel: Based on what I have heard I withdrawal my Motion let it go to hours of operation.
Tyler Marcum: Anyone else care to speak on this?
No response.
Tyler Marcum: Seeing than Mr. Weigel has withdrawn his Motion. To defer back to the Planning and Zoning Commissions recommendation, any last thoughts on that?
No response.
MOTION TO APPROVE SPECIAL USE PERMIT FOR ON PREMISE DYNAMIC DISPLAY IN AGRICULTURAL AND RESIDENTIAL ZONING DISTRICT W/ #3 CONDITIONS Meta Mueller seconded the Motion. Roll Call Vote was taken. Meta Mueller voted Yes/Aye. Roll Call Vote was taken. Motion passed 4-0.
| RESULT: APPROVED [UNANIMOUS]
AYES: Marcum, Balich, Weigel, Mueller ABSENT: Gazanfer, Koch, Ogalla, Traynere |
(Marguerite Kenny)
Marguerite Kenny presenting Staff Report.
Map Amendment from A-1 to R-5.
Special Use Permit for a mobile home park.
Variance for minimum setback from public street (southside Pauling Rd.) from 50 feet to 30 feet.
Variance for minimum setback from public street (southside Pauling-Goodenow Rd. (CH-23)) from 50 feet to 23 feet.
Variance for minimum setback from public street (northside Pauling-Goodenow Rd. (CH-23)) from 50 feet to 23 feet.
Variance for minimum setback from public street (westside Nacke Rd.) from 50 feet to 30 feet.
To develop the parcel into Phase II of the adjacent Pheasant Lake Estates manufactured home community.
The subject site is located on the west side of the Nacke Road. It is west of the existing Pheasant Lake Estates Mobile Home Park North and South developments. The site is approximately 110 acres and spans across Pauling-Goodnow Road to the northeast. It is zoned A-1 and is a conforming lot. The northern part of the property is bounded by Pauling Road to the north, Nacke Road to the east, and Pauling-Goodenow Road (County Highway 23) to the South. Old Goodenow Road (vacated) ran through the northeastern corner of the property and turned into Pauling Road to the north. Based on GIS measurements this section of the property is approximately 12 acres. The southern part of the property is approximately 98 acres and is bounded by Nacke Road to the east and Pauling Goodenow Road (County Highway 23) to the north.
• The property is not located within any Facility Planning Areas; but is adjacent to the Thorn Creek Basin S.D. Facility Planning Area. The property is predominately within the Plum Creek Watershed, but the northwest corner lies within the Rock Creek Watershed. There are no identified floodplains or inventoried wetlands located on the subject property.
STAFF RECOMMENDATIONS
• Approval of a map amendment from A-1 to R-5.
• Approval of a special use permit for a mobile home park with the following eleven (11) 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. The developer or builder is required to comply with the requirements of Chapter 160.01 Dedication of School Sites or Cash Contributions in Lieu Thereof. Case Number: ZC-22-020 Will County Planning and Zoning Commission October 4, 2022 Page 3
3. Before Will County issues a building permit for a phase of the project, the Developer must provide the County with a paid receipt from the Crete Public Library District evidencing that the Developer has paid the impact fees owed to the Library District for the number of mobile home spaces to be built in the phase in question (to be calculated based on a rate of $100 per permitted space).
4. The developer or builder is required to comply with the requirements of Chapter 91 of the Will County Code by providing a fee-in-lieu of land donation to the Crete Rural Park District.
5. The mobile home park shall conform to the requirements of the Illinois Department of Public Health and Illinois Environmental Protection Agency related to the licensing of the Mobile Home Community, community well, and wastewater treatment facility.
6. The applicant shall modify the existing NPDES permit to re-rate their wastewater treatment plan (sanitary treatment facility) to bring it up to 0.2041 MGD prior to the issuance of any site development permit. Should the existing wastewater treatment facility’s footprint need to be expanded, a special use permit shall be required in accordance with the nonconforming use provisions, section 155-15.30 of the Will County Zoning Ordinance.
7. The applicant shall comply with all requirements of the Will County Division of Transportation and Crete Township Road District.
8. A Traffic Impact Study and Sight Distance Study will be required to be submitted with the site development permit. A copy of these reports shall be submitted to the Will County Division of Transportation and the Crete Township Road District. 9. All areas not used for access, parking, circulation, buildings, or service, include the perimeter of the site, shall be completely and permanently landscaped and the entire site maintained in good condition.
10. All homes meet the United State Housing and Urban Development Department standards.
11. Signage shall be installed within the access ways stating no parking and the speed limit shall not exceed 15 miles-per-hour; mirroring what has been previously installed in the other Pheasant Lake Estate developments. Approval of a variance for minimum setback from public street (southside Pauling Rd.) from 50 feet to 30 feet.
Approval of a variance for minimum setback from public street (southside Pauling Goodenow Rd. (CH-23)) from 50 feet to 23 feet.
Approval of a variance for minimum setback from public street (northside Pauling Goodenow Rd. (CH-23)) from 50 feet to 23 feet.
Approval of a variance for minimum setback from public street (westside Nacke Rd.) from 50 feet to 30 feet.
Another Attorney is here representing this applicant today.
There were several concerned objectors. Mainly just storm water issues on the existing Pheasant Estates Mobile Home Park. Some of the property maintenance conditions, concerns with the existing sanitary district that is on the site. There were concerns of odors coming from the existing sanitary district. Staff reached out to Illinois Department of Public Health and Illinois Environmental Protection Agency. To find out the status of some of those concerns were. There is a direct connection to the plant operator anytime the State gets notice of complaints. They reach out to them, and it appears that those issues get resolved quickly. In terms of a concern of the water pressure in the mobile home park. I reached out to the Crete Township Fire Protection District. Who stated they have not had any issues with water pressure in terms of fighting fires. They did say that with mobile homes if you don't catch the fire early usually end up in total loss. He was not concerned about any water pressure and did not supply any further comments.
The Planning Zoning Commission voted denial for the map amendment as well as the special use permit with staffs recommended conditions and denied the variances.
Tyler Marcum: Public comment portion. I invite the lawyer for the applicant to come down. Since they are going to request us to Post pone this.
Paul Shadle with DLA Piper: We represent the applicant; we respectfully request that this committee defer this matter to the November meeting. So, we can do a number of things, review new materials that were presented to the PZC commission during its meeting last week. Also have some conversations and meet with residents to address their concerns in more detail. That process has already begun through the management. Also, happy to answer questions if there are questions. But again, we request the deferral.
Tyler Marcum: Any questions?
No response.
Tyler Marcum: I open it up to the public; anyone who wishes to speak on this matter. You can come down to the microphone.
Robert Henneberry: I live at Pheasant Lake Estates I've been a resident for thirty two years Ok they want to expand. For thirty-two years I have been plagued with a flooding problem at Pheasant Lakes Estates. I came last week to the meeting. They have a plan here of what they want to do . I have looked at this plan pretty good. How I feel about all this is they have never done anything to fix their problems. There is some serious problems out there. I just want to talk about flood problem. They put a lot of time into this, I see a lot of material lot of surveys a lot of money spent to put this plan into action. I feel that if they would just take a quarter of the effort, they put into this, (the New Plan), to fix the problem of the flooding that maybe then they can move forward. I don't believe they should be able to move forward when they cannot give me a property that I can live on and not worry about flooding. I am talking about serious flooding. I believe you have the materials; you have seen the pictures. They let it happen time and time again and they let us clean it up for them. That is pretty much all I want to say today. I just feel that if they would just put a little effort into fixing what they already have. They are not taking care of what they have. They just want to move forward for their profits and that is fine. But they are not taking care of the people who are already there. We pay their paychecks we pay their bills it is our homes that make their business, and they ignore us. That is pretty much all I want to say today. Thank you for your time.
Jim Raby: Concerns were sewage treatment plant, unbearable. Odor cam e in the house, getting progressively worse. Other concern water pressure low. Pump was out and nobody was notified. Management does not respond to calls/complaints.
Halina Myers: Concerns flooding, water is brown on many occasions, flushing of hydrants I get all the sewage and anything in the line into my home and appliances, submitted picture at the last meeting, refers to brown water in bathtub picture, that is what I am expected to take a bath in. Reached out to management and ELS corporate, and the 1-800 number, just ignored. It says we have a dog park there is no dog park. Aerators in sewage ponds not working. Water main breaks, yearly.
Nord Snow: Gulf Vista Estates, which is another ELS community about (5) five miles from Pheasant Lakes. I have lived there (20) twenty years. Concerns It has a (9) hole golf course he could not play for (9) nine years, the grass was knee high. That is why I bought in the park. It is just now beginning to be playable again. The water irrigation system does not work. It is the system of letting things go. a system of decay and not keeping up. Pot-holes went un fixed for (2) two years, until he posted on Facebook then they were fixed in (2) two weeks.
Amy Konar: I have lived there a year. Concerns: water seepage, nothing being fixed, list just gets bigger, black mold growing in the closet on the wall. I was told to move out they would not address any of it. People deserve respect, we pay our rent and take care of our yards and I would like for them to give us that back.
Terry Nelson: Good Morning I am Terry Nelson President of Manufactured Homeowners Association of Illinois. I want to thank you for your consideration. I won't repeat what you are hearing and what you got, many many pictures and packets. What we are asking is that you not build onto a community that is falling apart. You heard from a second community where they have infrastructure issues. ELS owns over 400 communities’ nationwide. This is not an uncommon story. As I have shared in the past, we have to be louder than other states to get this money funneled into Illinois. Once you move into a mobile home community and you are a homeowner you are pretty much a captive audience. Many have home loans. It cost too much to move a home, and where are you going to put it? As you heard the closest other community to Pheasant Lake is Golf Vista, so you’re moving into the same situation if you could move. You have seen the packets, I still get amazed when I went on Robin Street and another gardener, I am a gardener, went (4) four inches into the ground and water came up just putting in a small plant. This is why there is mold and homes sinking and skirting issues. There are 600 families in there now, not to add another 400 before these issues are fixed. Thank you for your time.
George Onchok: 96 years old. Lives across the street. Concerns: Pollution, gas heat in homes, delivery trucks, automobiles, drainage, storm water, topsoil, shallow clay underneath, water table high in that area, planet cannot take any more pollution. Drainage would come onto my acreage and the farm next doors acreage. Proposed airport issue. If the airport comes in Will County will have to spend millions to buy them.
MOTION TO POSTPONE
Meta Mueller seconded the Motion. Roll Call Vote was taken. Meta Mueller voted Yes/Aye. Roll Call Vote was taken. Motion passed 4-0.
| RESULT: APPROVED [UNANIMOUS]
AYES: Marcum, Balich, Weigel, Mueller ABSENT: Gazanfer, Koch, Ogalla, Traynere |
(Marguerite Kenny)
Marguerite Kenny presenting Staff Report.
Map Amendment from I-2 to I-3. (Southern 9.35 acres)
Special Use Permit for recyclable material processing facilities, outdoor. (Applies to entire site.)
Variance for minimum lot frontage from 80 feet to 0 feet. To bring property and use occurring on-site into conformance.
The subject property is 19.7 acres and is split zoned I-3 and I-2. The applicant (B.L. Duke Inc.) previously met with Land Use Staff to discuss building a three-sided structure to store processed ferrous scraps currently stored outdoors, protecting it from the elements and providing better environmental practices in managing runoff from the ferrous scraps, on the subject property. Staff informed the applicant that zoning action would be required to bring the property into conformance with the Zoning Ordinance prior to issuance of the building permit for the structure. The subject property is owned by the Metropolitan Water Reclamation District of Greater Chicago, leased to Sheffield Steel Corporation, and subleased to B.L. Duke Inc., a metal recycler. Per the lease agreement between Sheffield Steel Corporation and B.L. Duke Inc., the outdoor metal recycling operations began on this site in 1996. Under the zoning ordinance in effect at that time, outdoor metal recyclers were not permitted unless granted a special use permit in the I-2 or I-3 district. Under today's zoning ordinance, the use requires the same, special use approvals in the I-2 or I-3 districts and are required to meet the supplemental regulations found in section 155-
9.210 of the Will County Zoning Ordinance (see attached). The subject property was split zoned I-3/I-2 through previous zoning case 4171-RMS, approved by the Will County Board on June 15, 1995. The County no longer permits the creation of split zoned lots and encourages split zoned lots to become unified under a single zoning district under the requirements of section 155-1.110-E. The applicant is seeking a map amendment to rezoning the I-2 portion (~9.35 acres) of the property to I-3 thereby unifying the property into a single zoning district. The applicant is also requesting a special use permit for the outdoor recyclable material processing facility to be applied to the entire site (~19.7 acres).
STAFF RECOMMENDATIONS
Approval of a map amendment from I-2 to I-3.
Approval of a special use permit for recyclable material processing facilities, outdoor with the following ten (10) 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 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. The applicant shall submit a copy of the recorded access agreement and/or easement that adheres to the requirements of sections 155-14.20 and 155-14.60 of the Will County Zoning Ordinance demonstrating legal right to cross the railroad tracks at Industry Ave. and/or Genstar Lane as well as the private drive leading to Genstar Lane (west of the guard shack).
3. Any development on the parcel must meet the requirements of the Water Resource Ordinances for Unincorporated Will County.
4. No vehicles shall be accepted for recycling at this facility.
5. All small engines must be drained of fluids prior to acceptance at the site.
6. Any oil and/or fluids found remaining within scrap metal material received must be properly removed and stored prior to removal off site.
7. All refrigerants must be properly removed from refrigerant containing scrap metal items received at the site.
9. Records of material received and transported off site for recycling and disposal must be kept on file.
10. No burning is permitted.
Approval of a variance for minimum lot frontage from 80 feet to 0 feet.
MOTION TO APPROVE SPECIAL USE PERMIT FRO RECYCABLE MATERIAL PROCESSING FACILITIES, OUTDOOR(ENTIRE SITE)
Roll Call Vote was taken. Meta Mueller voted Yes/Aye. Roll Call Vote was taken. Motion passed 4-0.
| RESULT: APPROVED [UNANIMOUS]
AYES: Marcum, Balich, Weigel, Mueller ABSENT: Gazanfer, Koch, Ogalla, Traynere |
Meta Mueller seconded the Motion. Roll Call Vote was taken. Meta Mueller voted Yes/Aye. Roll Call Vote was taken. Motion passed 4-0.
| RESULT: APPROVED [UNANIMOUS]
AYES: Marcum, Balich, Weigel, Mueller ABSENT: Gazanfer, Koch, Ogalla, Traynere |
(Marguerite Kenny)
Adrain Diaz presenting Staff report.
Variance for setback (east side) from 10 feet to 2 feet.
The subject property is in Wheatland Township. The property has 240 feet of frontage along West 111th Street and is 5.18 acres per the plat of survey provided by the applicant.
The property is zoned I-1 and conforms to the requirements outlined in the Zoning Ordinance for I-1 zoned properties. The site has access to 111th Street via a concrete entrance.
SpectraSite Communications LLC (American Tower Corporation), a Wireless Telecommunication Company, has a lease area of 4,500 square feet, measuring 50 feet by 90 feet. The lease area is at the southern end of the property.
STAFF RECOMMENDATIONS
Staff’s review finds that the Illinois statutory criterion has been met and recommends approval of a variance for a variance for side setback (east side) from 10 feet to 2 feet.
MOTION TO APPROVE VARIANCE FOR SETBACK EAST SIDE FROM 10 FEET TO 2 FEET
Meta Mueller seconded the Motion. Roll Call Vote was taken. Meta Mueller voted Yes/Aye. Roll Call Vote was taken. Motion passed 4-0.
| RESULT: APPROVED [UNANIMOUS]
AYES: Marcum, Balich, Weigel, Mueller ABSENT: Gazanfer, Koch, Ogalla, Traynere |
1. Request for Refund Bond in Relation to Building Permit #2003495 Mary Petersen, in Reed Township for PIN #01-24-14-200-012-0000 Commonly Known as 34400 S Zilm Road, Custer Park, IL, County Board District #6
(Brian Radner)
Brain Radner presenting Staff report.
Petersen's entered into contract with Waterproof Exteriors for installation of some sky lights and some other repairs for their home. The contractor installed the wrong sky light, and they would not replace the work that was done. So, essentially walked away from the job. The Peterson's asked the County to submit a Bonds claim for the work that was not done to the County's adopted building code. The County's contractors register ordinance requires every contractor to have a ten-thousand-dollar bond on file. We began submitting the paperwork to RLI insurance over a year ago. It took a while to work through this claim. The contractor initially said they would come back and fix it. Then they ultimately walked away, and I submitted the claim and RLI agreed to make the payment. They made the payment to the Will County Land Use Department, at the advice of the State's Attorney Office so there is a good record that the funds were deposited into the County. Now the Petersen's are requesting that the County refund the money to them. Just to make it clear this isn't permit fee's this is a bond claim of money that was not owed to the County. It is for work that was not done to compliance, it is a safety net. We recommend the approval of the request.
MOTION TO APPROVE REFUND
Meta Mueller made a Motion. Roll Call Vote was taken. Meta Mueller voted Yes/Aye. Roll Call Vote was taken. Motion passed 4-0.
| RESULT: APPROVED [UNANIMOUS]
AYES: Marcum, Balich, Weigel, Mueller ABSENT: Gazanfer, Koch, Ogalla, Traynere |
(Brian Radner)
Brain Radner presenting Staff report.
At the September meeting of Land Use and Development Committee we had received a letter from the Will County Fire Chief asking for a continuance. So, they could discuss it at their monthly meeting. They did have that discussion on September 26th. After that meeting, they submitted some comments that are in your packet. They mainly apply to the 2023 NFPA 855 section and a few other comments that were in there. That the Fire Chiefs Association is recommending. As you pointed out the text amendment that is before you right now is the zoning ordinance text amendment. These items are building code changes that could be considered by this committee and the county Board if the committee was interested in doing that. If the committee believes that some of these changes should be made, then we would need to be made then we would need to have the matter assigned to the committee have a discussion about it. Is it pertinent, if it is appropriate. Have Staff incorporate the language into the building code, have a Public Hearing bring it back before the committee and the County Board for approval. The way it stands right now the County follows the 2018 set of codes. When it comes to international Fire Code. You can do both full amendments, so if the committee thought it was appropriate the County could adopt a certain portion of the NFPA 2023 855 and have it included in the County's building ordinance. The way this would work out it is battery storage is an industrial/commercial permit review. So, whatever jurisdiction has the most restrictive rules would apply. Let's say the County did nothing. Just followed the current code that the County has, it is possible that some jurisdictions might have already adapted the 2023 regulations. So, if your facility was in that area then that is what you would have to follow. Let’s say there is another jurisdiction that maybe is (10) ten years behind then they would have to follow what the County has on the books because that would be the most restrictive regulation. If a Fire District has already adopted something that is more stringent than the County, it's going to apply. If the County's is more stringent than the local fire district has adopted, then the County's will apply. That is the building code portion. It would be my recommendation that if the Committee was interested, that those changes need to be considered part as the building code because they are really not appropriate in the zoning ordinance. The last time the battery storage text amendment was before you. We talked about some of the changes that we had considered that we took from public comment. From e-mails that were submitted and some other things that industry had been looking for. I did make (2) two small changes which the Committee suggested that we make after the public hearing. Those apply to the fencing section just making it clear that if you already have a secured site. You wouldn't need to fence again inside of a secured site. If perimeter fencing was already in place that met the code for the proposed use. Then you would not have to put another fence around the use inside the site. That is one change I made. The other section was the memorandum of the lease, instead of the lease itself. This Committee suggested that we could make that change and I made that change in the zoning code. The text amendment before you reflects what the Committee approved with the changes. If you have any questions, I would be happy to answer.
Tyler Marcum: Any questions?
Steve Balich: When we talk about building codes and fire departments, sometimes they are too restrictive. One that usually is an arguing spot is sprinklers. I remember we decided as a County that we are not going to enforce their laws. When we are talking about battery storage maybe it is something we really have to take a look at. That is up to Tyler. I am not in favor of doing things to stop things and cost citizens a lot of money. It is up to us to make our own rules. I think it is a good idea to look at those codes later on.
Tyler Marcum: Last month we talked about the acreage and size, the Megawatt's. Do we have anything on that?
Brain Radner: That is correct. I did go back, there is a group the Clean Grid Alliance that represents a bunch of different groups. That had submitted comments to me about possibility considering a change. I presented that to the Committee. When I went back and asked if they had been able to come together and have a recommendation on something we could present to the Committee they didn't. They suggested we leave it the way it is. It is still something you could consider. Right now, the mark is the (10) ten Acre amount. If the Committee thought that something else was more appropriate. Such as the megawatt hour restriction, I am just throwing a number out this is not it, say 100 megawatt hour facility. Anything over would be major anything under would be minor. Or you could just leave it at the acreage and leave it for now.
Tyler Marcum: Anyone have thoughts on that. My gut is to do it by wattage instead of acreage.
Steve Balich: I like the idea of wattage. The technology is all so new. There is so much we don't know. We have to be prepared and open minded enough to say when we create an ordinance, we might have to change it pretty quick. I would like to see wattage but maybe in (6) six months something else comes up. With this stuff you are told one thing based on current true. Then it turns out it is not true. It is not because someone was lying. It is because they don't know. It is too new. Way way to new. Tyler likes the idea of using th3e wattage I am in favor of it.
Tyler Marcum: I am curious what people think.
Tom Weigel: I think we should just pass it with the (10) ten acre. If we want to change it down the road we could.
Meta Mueller: I am always in favor of going with the experts’ recommendations on these sorts of things. I guess wattage does seem, I am with Tyler on that, but I am not the expert. I like to go with what they recommend.
MOTION TO APPROVE THE ORDINACE AS PRESENTED
Meta Mueller seconded the Motion. Roll Call Vote was taken. Meta Mueller voted Yes/Aye. Roll Call Vote was taken. Motion passed 4-0.
| RESULT: APPROVED [UNANIMOUS]
AYES: Marcum, Balich, Weigel, Mueller ABSENT: Gazanfer, Koch, Ogalla, Traynere |
Will County, Illinois Posted: Page 19
Minutes Will County Land Use & Development Committee October 11, 2022
1. Chair, Will County Land Use and Development Committee
2. Committee Members, Will County Land Use and Development Committee
3. Director, Will County Land Use Department
Brian Radner introduced the new development analyst Mary Hartegan.
4. Other
5. Public Comment
Johnathan Roberts: My name is Jonathan Roberts. I was echoing the conversation the Solar plus storage ordinance; I think that was the right call. The ordinance is appropriate your building and fire codes are appropriate I believe. You’re on the 2018 IFC, international fire code, and the 2017 NAC. Both of those touch solar and storage. I think in the 2018 International fire code it does have Kilowatt hour limitations for storage for giving you some guidance there. The County already does have the rules that govern this. Just a random comment on NFPA 855, it is very new it first came about in 2020. I believe the fire committee was discussing 2023 that just got approved. You can't even get a hard copy of it until December. That is coming down the way this technology is changing very fast. The NFPA 855 2020 is good. Should that ever come about as a discussion for a good supplemental code. To supplement IFC and NEC, but I imagine in time that Will County will probably implement going from 2017 national electric code to 2020 or greater. You will probably take your IFC, international fire code from its current 2018 probably adapt 2021 or 2024 in time. Just some comments from somebody that is in the industry. I have worked with the County on a couple projects in the past. That we worked with this Committee on and the County and got permitted but did not get our award from the State. Now that the new law passed last year, we are looking to combine solar plus storage is kind of an inevitable evolution of the industry. Thank you for your time.
VII. EXECUTIVE SESSION
VIII. ADJOURNMENT
MOTION TO ADJOURN
Meta Mueller seconded. Meta Mueller voted Yes/Aye. Roll Call Vote was taken. Motion passed 4-0.
| RESULT: APPROVED [UNANIMOUS]
AYES: Marcum, Balich, Weigel, Mueller ABSENT: Gazanfer, Koch, Ogalla, Traynere |
Alerts Sign-up