Will County Gazette

Will County Board Planning and Zoning Commission met April 18.

Here are the minutes provided by the commission:

I. CALL TO ORDER 

Chairman Hugh Stipan called the meeting to order at 6:03 PM

Attendee Name	Title	Status	Arrived
Michael Carruthers	Commissioner	Present
Kimberly Mitchell	Commissioner	Present
Hugh Stipan	Chairman	Present
John Kiefner	Vice Chairman	Present
Roger Bettenhausen	Commissioner	Present
Matthew Gugala	Commissioner	Present

Will County Land Use staff present were Colin Duesing, Marguerite Kenny, Adrian Diaz, Mary Hartegan, Rusha Brooks, and Susan McDavid. County Board members present were Meta Mueller, Julie Berkowicz.

Donna Hansen from the State's Attorney Office.

A quorum was declared.

II. PLEDGE OF ALLEGIANCE 

III. ROLL CALL AND DECLARATION OF QUORUM 

IV. APPROVAL OF MINUTES 

1. WC Planning and Zoning Commission - Public Hearing - Mar 21, 2023 6:30 PM 

MOTION TO APPROVE MINUTES FROM MARCH 21, 2023 

Will County Planning and Zoning Commission approved by roll call vote, unanimously, 5-0-1.

RESULT: APPROVED [5 TO 0]  MOVER: Kimberly Mitchell, Commissioner SECONDER: John Kiefner, Vice Chairman AYES: Carruthers, Mitchell, Kiefner, Bettenhausen, Gugala ABSTAIN: Stipan

V. ZONING CASES

1. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and  Approved September 9, 1947 as Amended zoning case # ZC-22-076, Kenneth  Akison, Owner of Record, Timothy McGrath of McGrath Law, P.C. Attorney,  requesting (M-22-034) Map amendment from E-1 to R-1, PIN # 14-12-11-200- 024-0000, Manhattan Township, NE Corner of Kankakee and Smith Roads,  Manhattan, Il., County Board District # 2. 

Chair Stipan: The first case tonight will be out of order the second case. Mr. McGrath is the attorney who asked to speak to us tonight.

Timothy McGrath: For my client Mr. Akison, we are asking that this matter be tabled. Last week we got some negative feedback. We are looking at maybe possibly amending our petition and so I am asking that this be tabled, until the second meeting in May.

Chair Stipan: Thank you very much.

MAP AMENDMENT FROM E-1 TO R-2 

Will County Planning and Zoning Commission postpone by roll call vote, passed, 6-0.

RESULT: MOVED FORWARD [UNANIMOUS]  MOVER: John Kiefner, Vice Chairman SECONDER: Kimberly Mitchell, Commissioner AYES: Carruthers, Mitchell, Stipan, Kiefner, Bettenhausen, Gugala

2. 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-23-005, STP Family  Partnership, Owner of record (Scott Wagner 33.3% interest/Timothy Wagner  33.3% interest, Lil Wagner 33.3%), Mark Koeing of the Koeing Group., Agent,  requesting (V-23-005) Variance for side yard (east side) setback from 10 feet to  4.4 feet, (V-23-012) Variance for maximum accessory buildings area from 1,800  square feet to 4,816.18 square feet, (V-23-013) Variance for maximum number  of vehicles permitted in a residential district from (5) five to 15, PIN # 11-04-12- 103-036-0000, Lockport Township, 17259 W 143rd Street, Lockport, Il., County  Board District #9. 

Adrian Diaz presenting staff report.

Variance for side yard (east side) setback from 10 feet to 4.4 feet.

Variance for maximum accessory building area from 1,800 square feet to 4,816.18 square feet.

Variance for maximum number of vehicles permitted in a residential district from five (5) to 15.

To bring property into conformance with the Zoning Ordinance.

STAFF ANALYSIS

The subject property is in northeastern Lockport Township, about 0.42 miles west of the City of Lockport and 1.18 miles east of the Village of Romeoville. The property is zoned R-2, has ~161 feet of frontage along west 143rd Street, and is ~2.53 acres. The property meets the minimum lot standards for the R-2 district; at least 150 feet of lot frontage and be at least 40,000 square feet.

There are three (3) single-family homes on the property. Staff concluded that the homes are legal, nonconforming. Aerial imagery from 1954 shows three (3) residences. The property records card provided by the Lockport Township Assessor states that two of the structures were built in 1950 and the third was built in 1952. When the houses were built the property was zoned R-2. The Zoning Ordinance in effect at the time allowed more than one (1) residence on a single property not to exceed four (4).

STAFF RECOMMENDATIONS

Approval of variance for side yard (east side) setback from 10 feet to 4.4 feet. Approval of variance for maximum accessory building area from 1,800 square feet to 4,816.18 square feet.

Approval of variance for maximum number of vehicles permitted in a residential district from five (5) to 15.

John Kiefner: This is just a proactive request and there are no violations? Adrian Diaz: No violations.

Chair Stipan: Any other questions? Thank you very much Mr. Diaz, nice job. Owner or agent here tonight.

Yes.

Chair Stipan: Thank you. Are there any objectors or concerned citizens on this case.

Yes.

Chair Stipan: Agent, please come down first. Please state your name and address. Mark Koenig: Mark Koenig from the Koenig Group the agent for the owner.

Chair Stipan: Do you agree with everything the staff is saying. You have no problems correct, at this point.

Mark Koenig: Yes sir.

Chair Stipan: Would you please sit right there, we are going to call the objectors down one at a time. I am going to tell everyone tonight we have a large number of objectors and we do not want to go home at midnights so those cases that have a large group please pick a spokesman or at the very least don't repeat what your neighbor has said. Even if I give everybody (2) two minutes and there are 40 people here that is 80 minutes and really kills your time that's an hour and a half, hours sitting here. We will hear your objections which you have every right don't get me wrong. I just want to make sure the time is going to be of an essence here.

Concerned Citizens: Asks for a continuance he is waiting for a FOIA, history of zoning violations, big trucks, renting the property for commercial purposes, vehicles what kind autos or trucks? Where does staff find information on when it was built and object to 15 cars limited to vehicles owned by the residents.

Concerned Citizen: Kids safety, bobcat running at 3 am, plumbing company renting there, parking issue, huge trucks, damage to her property and a fence would make her feel safer for her kids with the traffic.

Chair Stipan: Mr. Koenig would you like to come down and respond to the concerns?

Mark Koenig: Parking there is (3) three residences on there. There is a 4th house on its own acre or something that is right across from the pole barn. Not to say that nobody in that house has lived there or even family. Because I think (7) seven years ago the mother and father still lived there. Or the tenant in the mother’s house after she went to the nursing you could call out (3) three that we are going through right now. Yes, there is someone in the pole barn. He is renting the big house and he parks things using the pole barn. It's a resident that lives there using a pole barn. I didn't think it would be a bad thing. They don't have big trucks; they have pickup trucks. He has a pickup truck he might have a van. I am sure he has a trailer of some sort. There are a couple of RVs out there one is the gentlemen that lives behind and another one is a friend of the families.

Chair Stipan: How about the allegations that there is a business operating out of there?

Mark Koenig: There is a plumber who rents the house, and he puts his stuff in the pole barn.

Chair Stipan: Thank you very much.

Michael Carruthers: Mark, listening to Katherine’s statement a few minutes ago are you willing to put up a privacy fence for her convenience for her kids?

Mark Koenig: It can ask. It can't hurt to ask. They have been around a long time in that area, they are not bad people. I will ask. I don't own the place, I'm just an intern. Unpaid person working, right. I will be happy to ask Michael. I will give her my information, I will give her my card, call me. I will reach out and talk to the ownership.

John Kiefner: The accusation is that there have been zoning violations. Which I have to put you on the hot seat Mr. Diaz? In the last (5) five or 10 years.

Adrian Diaz: The last violation on the property was in 2018 and it was closed out. So, there is no active violation.

Chair Stipan: Would you consider it a violation sir if there was a business working out of a residential property?

Adrian Diaz: We are a complaint-based county even if from staff’s perspective if we understand that there is a business operating from the property or that there is a possibility there is a business running out of the property. We actually cannot place them in violation. It takes somebody to call in a complaint and then our code enforcement staff would go out to investigate the property and then if it is found that there is indeed a business they would be placed in violation.

John Kiefner: So, this would bring this back to last month’s meeting: there are some businesses allowed to operate out of a residence.

Marguerite Kenny: If they are grandfathered in with the (3) three houses we don't get into if it is rented or if it is owner occupied. The (3) three houses could be occupied by families. In terms of the business operating out of the property it would have to operating as a home occupation which does not allow business to operate out of any accessory structures. The principal business activity would have to operate from the house itself. Is limited in size and scale.

John Kiefner: So, what you are saying is if neighbors were to call and accuse them of running a business on that property an investigation would be opened and the evidence, we sort of have would imply they would be in violation.

Marguerite Kenny: It would be up to our code enforcement department to and go out and if they could get on the property, they would do what they could to see if there was in fact a business occurring and then they would follow up and issue a violation if they could proof in fact, it was a business operating from the site.

Commission, County Board Member Berkowicz and State's Attorney discuss if they have the right to know if the property had prior violations.

Adrian Diaz read violations.

Commission continued to discuss case then voted on the variances.

MOTION FOR VARIANCE FOR SIDE YARD SETBACK FROM 10 FEET TO 4.4 FEET Will County Planning and Zoning Commission approved by roll call vote, 5-1.

RESULT: APPROVED [5 TO 1]  MOVER: John Kiefner, Vice Chairman SECONDER: Kimberly Mitchell, Commissioner AYES: Carruthers, Mitchell, Stipan, Kiefner, Gugala NAYS: Bettenhausen

MOTION FOR VARIANCE FOR MAXIMUM ACCESSORY BUILDING AREA FROM  1,800 SQUARE FEET TO 4,816.18 

Will County Planning and Zoning Commission defeated by roll call vote, 2-4.

RESULT: DEFEATED [2 TO 4]  MOVER: John Kiefner, Vice Chairman SECONDER: Michael Carruthers, Commissioner AYES: Carruthers, Kiefner NAYS: Mitchell, Stipan, Bettenhausen, Gugala

MOTION FOR VARIANCE FOR MAXIMUM NUMBER OF VEHICLES PERMITTED IN  A RESIDENTIAL DISTRICT FROM (5) FIVE TO 15 

Will County Planning and Zoning Commission defeated by roll call vote, 1-5.

RESULT: DEFEATED [1 TO 5]  MOVER: John Kiefner, Vice Chairman SECONDER: Michael Carruthers, Commissioner AYES: Carruthers NAYS: Mitchell, Stipan, Kiefner, Bettenhausen, Gugala

3. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and  Approved September 9, 1947 as Amended ZC-22-084, Mark R. Baumgartner and  Doris J. Baugmgartner Owner of record, Neil Piggush of Piggush Engineering,  Inc., Agent, requesting a zoning (M-22-038) map amendment from A-1 to E-2 for  15.17 acres of the northeast corner, PIN # 20-21-29-200-016-0000, in Will  Township, Commonly known as SW Corner of S. Egyptian Trail and Corning  Road, Peotone, Il., County Board District #2. 

Marguerite Kenny presenting staff report.

Map Amendment from A-1 to E-2.

To allow for a five-lot minor subdivision.

STAFF ANALYSIS

The property is located at the southwest corner of S Egyptian Trail and W Corning Road. The northwest 10 acres was previously divided off as a conforming A-1 lot leaving the remainder parcel as a 44 acre A-1 lot with frontage along Egyptian Trail and Corning Road. The subject area of this zoning request is the northwest 15.17 acres of the remaining parcel and has 330 feet of lot frontage along W Corning Road and 1320 feet of lot frontage along Egyptian Trail. The property is currently used agriculturally and is not improved with any ingress/egress onto the public rights-of-way. Entrance permits will be required by the Will Township Highway Department for access off Corning Road or Egyptian Trail.

STAFF RECOMMENDATIONS

Approval of a map amendment from A-1 to E-2.

Neil Piggush: Of Piggush Engineering agreed with staff's recommendations and presented his case.

Concerned citizen: Doesn't want (5) five neighbors, Widow, tax increase, and she will not able to have here back acreage farmed.

Concerned citizen: Same concern over land locked, taxes, and tax increase.

Chair Stipan: Our mission here tonight is to either approve or disapprove a map amendment from A-1 to E-2. It is not to approve or disapprove the County zoning ordinances that tell us that two and a half acres are we are only here to approve or disapprove this map amendment. I want to ask staff a question. If these people are now landlocked by this property to where they cannot get their farm equipment in isn't that a violation of the code. Isn't there that code in the law that says you cannot impact their business or livelihood.

Marguerite Kenny: It is my understanding, the property itself does have frontage and access to Corning Road to the north. It is a legitimate E-1 parcel. The back of the property is farms along with the subject properties to the west. So, if this corner becomes a subdivision and improved with residences and is no longer farms. Whoever farms the field if it is all the same farmers. Which based on the aerials it looks like. They would just have to renegotiate how they get on the farm and go across the different parcels.

John Kiefner: It looks like they would access the property to the west, instead of coming to the east.

Chair Stipan: That is an agreement thought not a right, that is what I am saying.

John Kiefner: I have a question about the subdivision plat that also comes before us, correct?

Marguerite Kenny: No, it will go to the plat committee, which is the Land Use and Development Committee of the County Board.

John Kiefner: The design they have now could be totally different when it comes before the committee, correct?

Marguerite Kenny: If this map amendment were to be approved, they would just have to show the lots meeting the minimum E-2 districts standards.

Chair Stipan: I see a number of County Board members here would any of you care to comment on this case.

Julie Berkowicz: I would ask that if this does go to Land Use and I am on that committee. The (2) two families that spoke I would like to see that map and how their boundaries are in relation to this subdivision. Marguerite, you indicated that the farmer could access that property from did you say the west? Well, I would like more information on that. I would like to see how that could happen and I would also like to have some feedback from the farmer. To make sure that is even a possibility we are assuming that right now we don't know that for a fact. I think if anyone were to become landlocked that would be concerning. I would like more detail and the facts is this even possible.

Chair Stipan: Unfortunately, we would all like more detail. Most of the time we have to operate with less detail than we care for.

Julie Berkowicz: My other concern would be well and septic. How does that get addressed.

Chair Stipan: Would you please sir respond to these.

Neil Piggush: Regarding the well and septic that would be permitted through Will County Health Department, all of those requirements would have to be met for those lots. I guess I am a little confused if they are being land locked are they saying that the farmer that farms this farm ground is not coming on to my client’s property to get to theirs?

Marguerite Kenny: Yes.

Neil Piggush: Is there an agreement in place for that or does that just happen. From the Gallory: There is an agreement for 30 years.

Neil Piggush: I was not aware of that. I would like to see that agreement.

John Kiefner: As a farmer myself, and Roger Bettenhausen you can chime in, it looks like the farmer is farming all the track as on field as a whole. So, what would happen since he can't access fron the east, assuming the same farmer farms the west it does create an irregular pattern. It technically is a giant pain in the butt and if the person to the west wants to get a different farmer in my view, they are not landlocked they are very limited to who would ever work their property it is going to be the guy that works the property to the west of them and he kind of has them over the barrel.

Chair Stipan: They are saying because of the width of their driveways etc… They can't get combines down their driveway to the back of the property. So, they have to have access into the back apparently. They are concerned these are going to cut off their access. I didn't look to me like they were cutting off the access, but I defer to the farmers here.

Neil Piggush: I am also confused about the higher taxes. Taxes are based off the use of the property not the surrounding property.

John Kiefner: So, the tax assessor is probably taxing them on 2-1/2 acres lot we'll say $5,500.00. Then # acres of farmland at $20 OR $50 an acre. If it is not farmed it is mowed grass now it becomes a five-acre lot and the formula is $9,000 acres so they will pay more. As a farmer I have had multiple of these small lots, we don't even pay rent on them. We just farm them for free because they received a $500 to a $1,000 lower tax bill. Because they are pains in the butts when they are small individual pieces. At least in this case they are able to all be wrapped up into one. For the sake of the commission to me this isn't a stumbling the block. And I am normally the guy that thinks a person is allowed to do whatever they want with their property. In lieu of the high LISA score and the objections of the neighbor and the township I will probably vote no on this. I know that we are not the final say it goes to the County Board. So generally, my inclination would be to kick it to them.

Michael Carruthers: What happens with the flood plain? All this goes in will all this land be flooded.

John Kiefner: This is one thing I stumble on is how much more water will this development of this create? So normally, an estate lot if it is planted with grass will actually emit less water than farmland or residential commercial. You get more absorption but if you have a flood plain in the front you are talking longer driveways bigger driveway to get to the back where they can build. So, now you are talking about more area that doesn't absorb water. So, you are adding to the overall water load.

Neil Piggush: Whatever is done will be in compliance with the Will County Water Resource Management. They are going to have to get an IDNR permit for their access to the lots. There is a lot to comply with the ordinance for that.

Chair Stipan: Ok, thank you very much.

MOTION FOR MAP AMENDMENT FROM A-1 TO E-2 FOR 15.17 ACRES OF THE  NORTHEST CORNER 

Will County Planning and Zoning Commission defeated by roll call vote, 0-6.

RESULT: DEFEATED [0 TO 6]  MOVER: Matthew Gugala, Commissioner SECONDER: Michael Carruthers, Commissioner NAYS: Carruthers, Mitchell, Stipan, Kiefner, Bettenhausen, Gugala

4. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and  Approved September 9, 1947 as Amended for Case ZC-22-092, Checkmate  Contractors, Inc., Owner of Record (Earl Moesch / 100% interest) Gary Davidson  of Castle Law, LLC, Attorney, requesting (M- 22-041) Map amendment from A-1 / C-4 to I-1 and (S-22-049) Special use permit for a truck terminal, for PIN # 03- 17-08-300-002-0000, in Wilmington Township, commonly known as 25214 W  Lorenzo Rd, Wilmington, IL , County Board District 1 

Mary Hartegan presenting staff report.

Map amendment from A-1/C-4 to I-1.

Special use permit for a truck terminal.

To permit a truck terminal.

STAFF ANALYSIS

The property is in Wilmington Township, about a quarter mile east of Incorporated City of Wilmington (Wilmington) and is just short of a mile east of Grundy County. The property is less than a quarter mile northwest of the Wilmington Facility Planning Area (FPA) but is non-FPA. To the north of the property is the Dresden Cooling Lake, stretching from east to west. The area is considered an area of minimal flood hazard within the Kankakee River Watershed and consists of hydric Dunham silty clay loam, 0 to 2 percent slopes. The property is upland from the Claypool Drainage District.

STAFF RECOMMENDATIONS

Approval of map amendment from A-1/C-4 to I-1.

Approval of a special use permit for a truck terminal with the following eleven (11) 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 be 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. Within six (6) months of County Board approval, the applicant shall submit a site development permit request and include a landscape plan conforming to the requirements of section §155-12 of the Will County Zoning Ordinance. 

3. The applicant shall comply with all the requirements of the Wilmington Fire Protection District.

4. All tires from trucks must be stored within a building on the site. All tires must be properly disposed of through an Illinois Environmental Protection Agency (IEPA) permitted facility. All receipts for disposal must be kept on site to verify proper disposal. At no time shall there be any tires stored on the property for disposal.

5. If 50 or more tires are stored on site at any one time, the facility must register as a tire storage site with the IEPA.

6. No burning or open dumping of any type of waste is permitted on the premises. 

7. All repairs and maintenance shall occur within a building onsite. 

8. All automotive fluids shall be stored in approved bulk containers on a concrete or asphalt surface.

9. Secondary containment shall be provided for all liquid storage containers. 

10. If a fuel tank is installed on the property, the fuel tank must be approved by the State Fire Marshal.

11. All spills must be immediately responded to and removed from the site surface. A minimum of one spill response kit must be maintained onsite.

Chair Stipan: No objectors or concerned citizens for this case?

No Response.

Gary Castle Law. I am going to be the most famous man here tonight and just ask if the board has any questions.

Chair Stipan: Since we do not have any objectors here tonight if you don’t mind, we are just going to go ahead and vote.

MOTION FOR MAP AMENDMENT FROM A-1 / C-2 TO I-1 

Will County Planning and Zoning Commission approved by roll call vote, passed, 6-0.

RESULT: APPROVED [UNANIMOUS]  MOVER: John Kiefner, Vice Chairman SECONDER: Kimberly Mitchell, Commissioner AYES: Carruthers, Mitchell, Stipan, Kiefner, Bettenhausen, Gugala

MOTION FOR SPECIAL USE PERMIT FOR TRUCK TERMINAL 

Will County Planning and Zoning Commission approved by roll call vote, passed, 6-0.

RESULT: APPROVED [UNANIMOUS]  MOVER: John Kiefner, Vice Chairman SECONDER: Kimberly Mitchell, Commissioner AYES: Carruthers, Mitchell, Stipan, Kiefner, Bettenhausen, Gugala

5. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and  Approved September 9, 1947 as Amended ZC-22-094, Plaza Square Partnership,  L.P., Owner of Record, (Pace Illinois Corporation, 100% general partner; William  Y. Chang, 25% limited partner; Grace Lo, 25% limited Partnership; Irving Chang,  25% limited partner; David Chang, 25% limited partner), Sergiu Tugutchi, Agent,  Patrick Turner of Maurides Law, Attorney, requesting (M-22-043) Map  amendment from R-1 to I-1, PIN # 07-01-07-400-018-0000, Wheatland Township,  Vacant property along Wolfs Crossing, E of Soccer Drive, Plainfield, IL., County  Board District #10. 

Marguerite Kenny presented staff report.

Map Amendment from R-1 to I-1.

Special Use Permit for Truck Terminal (applies to entire site).

To allow a trucking company to operate on the property.

STAFF ANALYSIS

The subject property lies on the south side of W Wolfs Crossing Road, between established industrial uses to the east and west. The subject property is 108,900 square feet (gross) and 103,853 square feet (net; not including the right-of-way) and has 180 feet of lot frontage. The property currently is zoned R-1; the R-1 district requires a minimum lot frontage of 165 feet and minimum lot area of 60,000 square feet. The subject parcel is a conforming R-1 lot. The property is unimproved. The property lies within the DuPage River Watershed. Soils present include Chenoa silty clay loam, 0 to 2 percent slopes; Graymont silt loam, 2 to 5 percent slopes; and Elpaso silty clay loam, 0 to 2 percent slopes (hydric). There is a zone A (unstudied) floodplain located on the southern half of the property where the hydric soil is. There is no inventoried wetland present of the site; however, aerials show a depressional low spot located where the floodplain is identified which could be more consistent with a wetland.

In terms of objections e-mails staff has received 56 total emails Which is in your packet. Staff is not going to read through them all of them are objecting. Staff actually received (4) four more via e-mail at the start of this meeting. All again objecting to the request. Out of that there are (8) emails they are essentially repeats they were sent to County Board members who then sent them to me. So, you have copies of a few of those emails. Many of their conditions are speeding on Wolf's Crossing the posted speed limit is about 35 MPH, it is common for cars to go faster than that, the condition of Wolf's Crossing is not ideal, increased traffic on all roads in the area, increased noise and air pollution From increased traffic, diminishing safety related to truck drivers being in the area, diminished safety due to increased traffic, potential for diminishing the value of property values in the residential developments in the area, either under construction or already existing, the impact of the existing drag racing issues in the area that occur on the public roads with the use as well as vision clearance. Reading through all of them if you would like more time feel free to request that this case be continued. Because their concerns are similar in nature but they do go out at times with specifics.

STAFF RECOMMENDATIONS

Approval of a map amendment from R-1 to I-1.

Approval of a special use permit for a truck terminal with the following thirteen (13) 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. Scrap auto parts shall be stored in a covered leak proof container and removed from the site once full.

3. Immediately remove contaminated substrate/soil resulting from auto fluid leaks or spills.

4. No burning of any type of wastes allowed on the premises.

5. Automotive repair and maintenance is not allowed onsite unless it is within a properly constructed permanent building with a concrete floor.

6. All tires shall be stored in a permanent covered structure to prevent water accumulation.

7. All automotive fluids shall be stored in approved bulk containers. 

8. Secondary containment shall be provided for all liquid storage containers. 

9. The use shall comply with the Oswego Fire Protection District requirements. 

10. No more than 20 semitrucks with trailers shall be parked or stored on site. 

11. Within six (6) months of County Board approval, the applicant shall submit a site development permit and landscape plan.

12. The owner and/or operator shall comply with the City of Aurora and Wheatland Township Road District requirements.

13. A traffic study shall be submitted with the site development permit.

Michael Carruthers: Mr. Kenny, (2) two Really, I can see that the Wheatland Township and the City of Aurora had no road improvements planned for that area between Wolf Crossing and Route 30 west and the national railroad. And, it says that they plan on putting a bike path along that road.

Marguerite Kenny: Correct. It is very early stages of those improvements. It seems that in the discussions they are just starting to pull all the agencies involved. So, the Forest Preserve District would be involved working with the city as well as the highway commissioner to work on that. The trails and things like that. I think they are just trying to figure out what is the best location. On which side of Wolf's Crossing is going to be on the industrial side or the residential side. Just starting to figure out how many properties they would have to talk with and what it all is going to entail in terms of putting that in.

Matthew Gugala: The road right in front of it is (2) two lanes, correct?

Marguerite Kenny: Correct and you can see by the photos there is no shoulders. So, it is a narrow two-lane road and even with the photos you can see that it is not in the best of shape.

Matthew Gugala: The 30 to the west is also (2) two lanes.

Marguerite Kenny: I believe route 30 would be (2) two lanes. It is further west than Eola. So, the first intersection you would hit looking west would be Eola. I do believe there may be an intersection in the works for that with a light going in at some point.

Roger Bettenhausen: A light because it backs up in front of that school. All day long when school is getting out it is a nightmare. So, you have two lanes coming from a very narrow road and they worried about the landscaping trucks come in. They have to cut across the lanes to make the full turn into the facility.

Marguerite Kenny: And the traffic study may come back saying only right turn in right turn out. That is something that would come forward. It also could say the existing conditions can handle it. Until the traffic study is done, we really can't say what it is going to say but I would think there would be some type of roadway improvement needed. Having semi-trucks that are 40, 50 feet long trying to turn onto a (2) two lane roadway.

Chair Stipan: Any other questions staff?

John Kiefner: I would address the 20 units that are being allowed if they were to ask for more they would have to ask this commission or just staff.

Marguerite Kenny: So, in terms of the conditions, if this were to be approved and all the conditions as they were and they were approved and they wanted 20, 21 trucks on site they would have to come forward again with a special use request to amend their request.

John Kiefner: Then obviously there is some kind of criteria for the acreage there. Have we determined what the maximum this acreage could hold. It is not 100 or 200. I am assuming.

Marguerite Kenny: I would say with what we are shown right now we are probably close to what they can potentially have. Right now, based on the site plan showing that the majority of the truck parking is located in the wetland area. It is really going to come back to who has jurisdiction to see if it is even possible to park a truck there. It could be even less trucks on the site.

Michael Carruthers: So, 2 1/2 acres you can only put so many trailers on that John?

John Kiefner: Theoretically. Each one requires 800 or 1,000 square feet for a truck and trailer. But then they lose a quarter and a half to wetland they start really getting pinched tight.

Marguerite Kenny: On top of that with the building, parking and landscaping requirements. This would be serviced by well and septic. So, they would need space for an appropriately sized septic system. It is really curtailed with how much they can do with this property.

Commission discusses surrounding area businesses with Marguerite Kenny. Chair Stipan: Any other questions. Thank you, we appreciate it.

Chair Stipan: I see the team here. Before I address the team. Are there any concerned citizens or objectors do I have for this case?

Show of hands in gallery.

Chair Stipan: May I query and are any of you elected officials?

Show of hands.

Patrick Turner: My name is Patrick Turner, offices at 33 N. LaSalle, Chicago. On way here this evening I thought my job this evening was going to be easier than it has turned out to be. I was not aware that these objections came in. I would like to make a couple comments. Thank you, Marguerite, for summarizing everything and the staff report was done very well. The first thing I would like to say is when you say truck terminal it has this negative connotation. This is really a maintenance a truck maintenance facility with some parking in the rear. Unfortunately, we were pigeonholed under the Will County Zoning code that this was the definition we have to live with, and our uses being described as a truck terminal this is a very small operation. Well planned operation. We are seeking only 20 trucks or 20 parking spaces for trucks. The employee parking in the front. Then we have the 8,000 square foot facility for maintenance. This is a small operation; the applicant has no plans to expand this operation. We are very sensitive to the traffic issue and the neighborhood issues. This is not a properly zoned property. Surrounded on all (3) three sides by industrial uses. We think that this is a valid use. We think it is a very over intrusive use. For lack of a better way to put it. It is a small operation. We have every intention of complying with all county codes, fire codes you name it. We are obviously ready, willing, and able to do that. We are sensitive to the concerns that are raised. We were not aware that these objections had been submitted up until after I arrived here this evening.

Chair Stipan: We also.

Patrick Turner: Understood. Completely understood. It is understandable in this kind of case. My self I have all kinds of information I can regurgitate We have expert witness Richard Knitter of Great Realty Advisors He is an MMAI appraiser, and he prepared a report that I believe had been distributed to the committee. Then of course we have the applicant Sergiu Tugutchi. I think for clarification he is a contract purchaser of the properties under an installment contract he doesn't have a pending purchase agreement. He has already closed on the property but under installment contracts. So, once he makes his installment payments, he will get the deed to the property. So, he is more than just has a signed contract for the purchase of the property from the owner. He has a much more vested interest, but we are prepared to answer any questions and respond to any complaints or any objections. Again, for the record I just wanted to point out this is a small operation. If you asked me, I would have never categorized this as a truck terminal. It is an outdoor truck parking with a maintenance facility.

Chair Stipan: Which is what our zoning calls a truck terminal.

Patrick Turner: Unfortunately, yes. I don't want to keep everyone here till midnight. We are ready willing and able to answer any further questions. We are again fully on board with 13 conditions imposed by staff completely on board with that. We have every intention of complying with every building code, every fire code, you name it, we are ready willing and able to do that.

Chair Stipan: I will ask you to take a seat right there and we will call on the objectors or concerned citizens. We understand they are all objections. We will call upon the objectors and hear what the objections are, and you will have an opportunity to respond to those. Maybe lay some fears and maybe not.

Patrick Turner: Thank you Mr. Chair.

Michael Carruthers: If we go from a residential to an I-1 they can do whatever they want to do, right?

Marguerite Kenny: In terms of I-1 they could potentially do the truck repair part of it. They just could not have the parking of trucks occur on the property. They still could have this property being used for motor vehicle repair which also includes servicing trucks. They just can't rent out parking spaces for a truck driver that is on roads for months at a time or weeks at a time and just wants to come home for a week and needs a place to park it. SO that would be permitted by right in I-1. Other I-1 uses could be certain manufacturing type uses. The industrial condo to the east of them they have cross fit occurring in the site. They have a dog daycare a dog type use. So, those type of uses could occur on this property then other permitted light industrial uses could occur on this site.

Chair Stipan: If they decide to turn around and sell the property after we give them the I-1 zoning it could be used for numerous things in Will County Zoning. Any other questions staff?

No Response.

Chair Stipan: I would request that the elected officials who are here as people who want to contest this please come forward first because the people who have elected you. I would like to have those people come up first. Then I will hear from any general public. You sir are?

Alderman Edward Bugge, City of Aurora: Objected, presented information on the future plans for bike/walking path. Aurora City Council’s meeting tonight was germane to this hearing. Adjacent or behind this project of course is the Del Web development tonight we had are solution on our docket on our agenda a resolution approving the final plat and plan for Lincoln Prairie by Del Webb Subdivision phase 2A and 2B located at south Wolf's Road and east of Eola Road. I am sure that project came before you a couple of years ago. It is bringing in tens of millions of tax dollars to Will County. I appreciate what Ms. Kenny mentioned, that the parcel right next to this piece is I-1 on each side. I am going to show you a map. As you see all of that fuchsia that is municipality that is aurora it is residential. The parcel is in the white, it is surrounded by your oink. It is right here next to Soccer Drive. The gentleman mentioned that the road is narrow on Wolf's crossing. You see the white portion here that is the narrowest part of Wolf's Crossing Road. It is the piece that would be the driveway for this parcel. All of this is new development this is the 55 and over community this is single-family residential. This road leads down to her to a very new nice park. Where all of these people in the residential would like to be able to recreate and the need to be able to get there. They have asked me the officials from numerous government entities from Will County, from the City of Aurora, from Wheatland Township, the Forest Preserve District to try and create a safe way to get these people down to here. A safe way. To me any use of any land along here that is R-1 that is the safest use of that land, and this land is R-1. We are very happy it is R-1.

Chair Stipan: If you are putting a trail in that is correct. A trail would be the safest way for then to go if it is off road.

Alderman Edward Bugge, City of Aurora: Right. That is what we are going to look into. If we are looking at this even (5) five years ago and this residential was not here. These 57 people probably wouldn't be here. But believe me Del Webb and Pulte are there now and because they are there now, we need to meet the needs of those residents. It is no longer just mixed use wherever we want. This is R-1 and we want it to stay R-1. The gentleman mentioned about the tractor trailers. Of course, if I am walking down this new path that we hope to create. I don't want one additional tractor trailer on Wolf's Crossing. Not (1) one. So I certainly don't want (5) five coming in and (5) five leaving in a day. (10) ten a day, (5) five days a week, 50 additional trips. If I am biking and I'm 13 years old as my son is, biking to the park. I don't want any additional tractor trailers on that stretch I want that piece to remain R-1. I would say if I could get the I-1's to move to R-1 that would be the best but that is not going to happen. This is R-1 and for them to meet their burden they have to show that they are going above and beyond. It is not I-1 right now it is r-1 it is residential. It is zoned residential so we think it should stay residential. The road itself and its improvements unfortunately that little piece of white I do not control. I cannot improve it. My friends over in Wheatland Township that is their piece further down here that is in Aurora on those areas and even over here. They are a little bit wider. They have some I-1 uses they have some smaller trucks going in and out of there it is already widened to accommodate that. Even before the residential.

Chair Stipan: Even 30 there is only (2) two lanes with a turn lane, is that correct.

Alderman Edward Bugge, City of Aurora: That is correct Sir. As I said, this small piece here is the narrowest piece. You talked about the congestion there. For any truck to tun in or out will further the traffic jam that is already there during the day. My friends can help me. (5) five or (6) six schools along Wolf's Crossing within about a mile and a half. A high school, grade schools, junior highs a lot of traffic. A lot of school traffic. The impact of just (1) one tractor trailer turning in and out. That will hold up the traffic jam in both directions. All traffic will have to stop. Come to a complete stop for a tractor trailer to make that turn. There is no shoulder, there is no width, there it is a very narrow road. I would implore you and my 57 friends would agree with me that this is not the right location for this particular use. There are many industrial parks throughout Will County. I welcome business. I want business to come to my section of Aurora, I welcome it. We asked them to make special accommodations when they are coming. When Pulte and Del Webb came, we worked with them to realign the road Eola Road and Route 30 was the worst intersection in the whole county. Numerous fatal accidents there. Because of that impending project with Del Webb and Pulte and the state of course were able to realign it. Put a traffic light in over route 30 it is totally changed that area for the good. That is what we asked developers of businesses to work with us, to do that. This particular use at this particular location it just doesn't work. Thank you.

Chair Stipan: Thank you Sir. Next elected official.

Jared Ploger: I live in Aurora Member of the Oswego School District 308.I want to speak about is I always want to protect my students. (1) one of the things left out of there and I want to talk about is not very far from this location on Wolf's Crossing we have students that are picked up. On that location and that was left out. There is a student pick up and I know because I also teach at Bolingbrook. I am also an educator. There is that Will County connection as well. I drive every morning and I watch the school bus. You are correct because school buses are not maneuvering the other way because they can't because you see that road. There is also a road that is not too far from there that picks up students that are in unincorporated right along the tracks as well. I also tragically because there are a few roads from the industrial park, have almost witnessed some bad thing along that road. There are already concerns with our students and safety. Adding more onto this road is problematic. I understand this is not your problem necessarily nut what I am about to say you have a very small stretch of road that a lot of citizens depend on that go through (6) six different taxing bodies in a short amount of time and that road is a problem. I agree with Alderman Bugge we want business. The school district wants business also right. We don't just want property taxes on our citizens. We also want business. That road is an issue it is a problem, and we can't just put our kids in harm’s way either when it comes to these things either. I want to make sure I am looking out for my students, and I want to make sure that not far from there, there is a pickup location where we have students. I want their safety noted here. Thank you.

Chair Stipan: Thank you, Sir.

County Board Member, Meta Mueller: Good evening, everyone I am the next elected official. I am Meta Mueller. I am the County Board Member that represents this district. Also, I am a resident of Aurora that lives less than a mile from this location. When you are on the County Board you are also a forest preserve Commissioner. I also happen to be president of the Forest Preserve right now. I just wanted to come and let you folks know that I personally heard from 15 residents that called me and asked me to come and object on their behalf. They may have sent emails as well because I asked them to be official and email Marguerite. They might already be in your packets. We do have an incredible traffic problem there. The road does need some work. We are really aware of that. I just wanted to talk about the possibility of the trail and the park coming in along. The park that is down there. We do have a lot of people who choose to walk, bike, and push strollers down that road to get to the park. I am working feverishly at getting a bike trial for our residents so that there is some safety for our neighbor. Those are the things I am worried about is the trucks turning on and off. I have also seen the school buses. It is just not wide enough for that big of a vehicle, even though it is a freight window. I am just very concerned about those uses. Concerned about the future use of this property could be if we give this zoning now and for some reason they choose to sell. That was one of the things the neighbors were also concerned about, what could happen in the future if these owners were to sell. Those were the items I wanted to address with you tonight and I won't lament any further because I am sure more folks want to talk. Thank you.

Chair Stipan: Thank you. I have a comment for you. Please consider an off the street bike trail.

County Board Member, Meta Mueller: That is exactly what we are considering Sir. For the safety of everyone.

County Board Member, Julie Berkowicz: I am Meta's Partner, I’m Julie Berkowicz Will County Board Member for District 10. I live the opposite direction east if you follow 95th street you go past Nevqua Valley High School and their frontier campus. Our public library which is one of the most highly used libraries in the area in the area and one of the most highly ranked. The traffic is incredible. Before I talk about some of the issues I had. In some of the document son the report I want to speak as a resident as someone who has been there for about 30 years has raised (3) three children. I have travelled that road every day. I used to take that road to go visit the steer that were over across Wolf's Crossing at the ranch down there it is amazing transformation in that area. With it has brought some unique challenges. Play USA which is just west adjacent to this parcel we went there for 15 years my children played soccer there. As a parent going to that facility is what my concerns are. So, I drove over there last week and drove over to the soccer building and when I left, I tried to pull out onto Wolf's Crossing. Just to make a right hand turn at (4) four in the afternoon. I had to wait (3) three minutes before I could pull out of that Soccer Drive and enter Wolf's Crossing. Now I drive a minivan. It is a very narrow road. I took some time to talk to the neighbors who are adjacent and across the street. They shared with me the increase in accidents, trucks going off the road, running over the culverts, getting stuck, and serious accidents. You also have the speed. Even if there isn't speeding. Even if there isn't any speeding and there is. Many of the residents at Carillon and the other surrounding residential areas they all complain about drag racing and our deputies just can't keep up with it.

Chair Stipan: The comment that the deputies don't want to stop someone on a narrow highly traffic road. If they can't get them to pull off to a side street. It just causes traffic jams worse.

County Board Member, Julie Berkowicz: That is correct. Often when it is happening a night by the time, they get there they are gone. We are rather unique in our district because we have industrial parks that have been there a very long time and most of this subdivision and residential building has been more recent. They can complement each other but this particular location is very difficult it has unique challenges. The road is not sufficient. I have talked to Tom at the Wheatland Township Road there are no plans to improve or widen that road. It was mentioned that there was a proposed expansion to (5) five lanes. I don't know if that will ever happen in my lifetime. There hasn't been any discussion or timetable to put that out there. Water, storm water, and drainage issues. Prime farmland and that is very critical especially in that area to preserve that. We have if you go into our industrial parks, you will often find there are no permeable surfaces. They tend to expand, and they are all concrete or gravel and there isn't an inch of greenery anywhere. That is one concern that we have seen within the industrial park. This is a very small parcel a little over (2) two acres. I had concerns over the identification of wetlands and the potential floodplain. Before this zoning were to take place, I have a lot of concerns about that. That has an impact on all of the surrounding parcels as well as the new residential properties going in and the existing properties across Wolf's Crossing as well. The other thing I am not comfortable about is the Will - Cook Soil and Water Conservation District identified the wetlands and they also recommended that there was a study done typically by the Army Corp of Engineers that would determine the requirements for storm water and flooding and I would like to see that done and that has not been done. Is that correct, Marguerite? We see these issues sometimes never get resolved because once you develop this property how do you correct that. It can be a very difficult situation and I know in Carillon they back right up to that industrial park and there has been some issues. I also am concerned because I would like to see a current traffic study the traffic is amazing. If I am traveling down that road and a truck has to enter or exit that property, it is very difficult for a large object to come to a stop slow enough to turn. With the radius there without a road improvement there are some very significant public safety hazards. Not only for people traveling in vehicles but pedestrians and people on bikes. So that is a big concern for me. We haven't addressed the well and septic and drain field. This is an incredibly small parcel. So, you've got wetland and you have to consider the well and septic. Marguerite is that indicated anywhere on the development plan.

Marguerite Kenny: Right now, this development plan is conceptual, it has not been reviewed by Land Use Staff for conformance with the requirements. The Health Department has not reviewed this they would require to see where is that septic system the soil evaluation would be on the property. So, they can issue permits for the well and septic. In terms of Land Use, we would not issue permits until we saw a wetland delineation, that we saw all the requirements of our water resource ordinances being met and conform. Where it would not be creating more of a storm water management on slot on abutting properties. It would have to be contained. If the property exceeds 25,000 square feet of new and impervious. So, if it is developed and it has a lot of gravel, building coverage, parking lot on site retention is required. So, there are a lot of requirements they are going to have to show when they come forward for the actual permitting process. This is just to pursue zoning at this time. We typically see this where applicants come forward willing to invest so much and if they can't get the zoning, they will find somewhere else where municipalities may do the whole development at the same time. Where it is their plans, permitting, the development as well as pursuing zoning at the same time.

County Board Julie Berkowicz: Thank you and finally, we are finding some challenges with this I-1 category. There have been issues that have occurred, it is too broad. The applicant has a proposal today, but it can be changed. They would like it transferable. That to me is very concerning because when somebody sells their property, and you transfer that you don't know what is coming in. again our staff has mentioned several times they only act upon complaints.

Chair Stipan: If I may respond to that. We only are here for zoning the further plans, the mechanics etcetera that all depends on you and the County Board after words. It doesn't depend on us. We are here just to determine whether the zoning is proper or not. We know that they can take this I-1 property, if it becomes an I-1 property and sell it as a junk yard and it would be a junk yard and that would be legal. So, I mean we understand these things our parvee is strictly the zoning.

County Board Julie Berkowicz: Thank you and I respect your time. Thank you for having us here today and allowing us to speak. I have concerns with the I-1 zoning. I would prefer that the zoning not be changed to I-1. I have gone on about my concerns. Thank you for allowing me to speak.

Chair Stipan: Are there any other elected officials that wish to speak? No response.

Chair Stipan: Is there anyone members of the public who feel that the elected officials did not represent your point of view? If there are please come forward. If you feel that they have covered everything you are concerned about then we will go ahead and start the process of listening to the legal counsel and the team tell us what arrangements, they have or rebut what was said by the elected officials. What I am asking also is do not repeat each other. We have heard it is a narrow road 50 times now. Please come down and give your concerns.

Concerned citizen: Speed, increase of traffic, public land for all of us to enjoy, don't understand you said (1) one person on the property? I don't understand that, the safety of kids and all the traffic that gets diverted goes behind my house on Hoffman, in winter they skid around the corners.

Concerned citizen: Right across the street, no to truck terminal, 600 homes in my subdivision alone, encroachment keeps coming to our residential area, Traffic and why should we have to live across from a truck terminal.

Concerned citizen: Everything everyone else mentioned, no room for semi's to turn, schools, and speed limit 45 not obeyed.

Chair Stipan: Everyone who wanted to speak has spoken?

No response.

Chair Stipan: Sir would you care to come up and respond to the various things you heard I say you writing so I know you were listening.

Patrick Turner: I think the overall theme is the traffic that everyone seems to have is related to traffic and we can certainly appreciate that. However, as Marguerite has pointed out there will be a traffic study required for this development and that traffic study restricts movements to right in right out so be it, we will comply.

Chair Stipan: They may demand you give up more of your property for right in right out turn lanes.

Patrick Turner: If that is what the traffic study or the engineer concludes then that's the township supervisor and all the other approval parties require, then we have no choice. We are ready, willing and able to comply with that. Everyone is sensitive to Pulte and Del Webb. These are massive corporations that are building this concept plans to the west. I know Mr. Niter pointed this out, this is a rather large industrial to the east all the way to this street. It is here to stay unless it is downzoned or rezoned. The fact that this happens to be one residential R-1 district lot in the middle of this industrial area. Nobody is going to build a residence on this lot. Anyone who builds on this lot, the pattern for developing is industrial. What we are seeking is what we believe is light industrial use. Granted the truck terminal does require the special use. As I pointed out earlier, we really don't think this is truly a truck terminal. It is like trying to put a round peg in a square hole.

Chair Stipan: Can I ask you whether you are just repairing the bob cat rig or are you reaping the trailer at all or just the trailers?

Sergiu can answer that I defer to him.

Sergiu Tugutchi: Mostly suspension, tires, oil change on trucks because the haul the trailers. Trailers get less maintenance, tires, shock that's it. Mostly shocks.

Chair Stipan: The reason I ask is because as you know trailers, the rig has to swing out to make a sharp turn in. If that is the case now you are blocking (2) two lanes on a narrow road. All these issues are going to come up in a traffic survey.

Patrick Turner went through each person’s objections. Your zoning process allows this to go on this way. We are seeking the rezoning we are seeking the special use and then we have to build it. We have to comply with all the codes, and we have to comply with the traffic engineer will impose. Very valid concerns. A traffic study will raise those questions and we will comply with reasonable conditions imposed by the traffic engineer in that study. I would prefer that we put on Richard he can sum up some of the uses in the area and some of his findings and conclusions. I think it is important from a real Estate appraiser perspective.

Richard Niter: There is a designated flood zone in the back of the site. It slopes downward from Wolf's Crossing. You are probably not allowed to put a building on the back side of it.

Yes, there is a designated flood zone to the south on the opposite site. It is not as big as shown there but it is in the packet. There is a flood map of it. In reference to the question of rezoning the site. On one side of it is self-storage and the other two sides are automotive repair facilities. Saying that you are going to put a house there. With all do respect someone would be nuts. It really shouldn't be residential. You have industrial, Industrial, industrial and on the opposite side you have agricultural and a large subdivision. Every side of you there is industrial properties, and it really should be rezoned to industrial. The question then becomes should you give it a special use permit for a truck terminal. That is your call. I think you should read as a first step to say yes it should be I-1 and not R. It shouldn't be a house there, there has never been a house there. If you drive to the site. You are not going to build a house next to this huge self-storage facility. In reference to parking and having the twenty trucks there the self-storage facility has 57 RV's and larger, cars parked on it. So, there are quite a lot of vehicles parked right next to it. In reference to maintaining a vehicle, this is going to maintain trucks. But right next to it there is a muscle place, a dent repair place, down the street there are several other repair places, there is a towing firm, there is Roman’s which is a trucking firm that is located on Wolf's crossing. It is hard to make the argument you should stop this (1) one and yet have all these cars go to Pulte, Del Webb facility. I don't understand the rationale behind that. You should stop this one but allow all the others to continue on. Yes, coming out of Soccer Drive when it is busy it is busy. Do you hurt this property because of that.

Commission asked questions of Richard.

Patrick Turner: I think at this point I am going to advise my client if the committee would entertain this. We would table this to present a traffic study to have a little more color on the traffic to alleviate or to address some of the traffic concerns.

Kimberley Mitchell: I don't think all these objectors will appreciate that. County Board Member Julie Berkowicz asks more questions about the Road.

Chair Stipan: That is a future question for a future answer. It has nothing to do with zoning.

County Board Member Julie Berkowicz: The lot is prime farmland.

Chair Stipan: Unless you are going to hand dig that property it is not big enough to farm. You could have a truck farm there and maybe raise tomatoes and zucchini and sell them on a stand. It is not big enough to farm. You can't get equipment in there. You don't understand what I am saying. Ask the farmers here on the board.

County Board Member Julie Berkowicz: Small farm markets are all the rage now.

Chair Stipan: I am saying your objection doesn't make sense to me. Mrs. Berkowicz because of that fact it is not big enough to farm. You could leave it and say ok we are going to do nothing with it. If you do nothing with is then it is nothing. But it is in the middle of an industrial zoning and as said no one is going to build a house there in the middle of an industrial zone.

County Board Member Julie Berkowicz asks committee about setbacks John Kiefner explains them.

Jared Ploger: There is another solution. I have talked to all (6) six taxing bodies about. Illinois 71 ends at route 34 and Wolf's Crossing and those (6) six taxing bodies can't make Wolf's crossing a priority. Outside the box idea is the State of Illinois which is one of those taxing bodies which has Wolf's Crossing and 30. They have that jurisdiction. If they were to extend 71 all the way to 59. There would be one taxing body finally of that stinking road which would actually alleviate the problem of updating the road. But that is not going to happen.

Richard Niter: Would the committee entertain the applicants request to table this. John Kiefner: Anyone want to make a motion for it?

No response.

John Kiefner: Mr. Chair for case # ZC-22-094 I make a motion to table until further notice. No second and no vote.

Chair Stipan: Do I have a second.

No Response.

MOTION FOR MAP AMENDMENT FROM R-1 TO I-1 

Will County Planning and Zoning Commission approved by roll call vote, passed, 4-2.

RESULT: APPROVED [4 TO 2]  MOVER: Matthew Gugala, Commissioner SECONDER: Kimberly Mitchell, Commissioner AYES: Mitchell, Stipan, Kiefner, Bettenhausen NAYS: Carruthers, Gugala

MOTION FOR SPECIAL USE PERMIT FOR A TRUCK TERMINAL WITH 13  CONDITIONS 

Will County Planning and Zoning Commission denied by roll call vote, 5-1.

RESULT: DEFEATED [1 TO 5]  MOVER: Matthew Gugala, Commissioner SECONDER: Kimberly Mitchell, Commissioner AYES: Kiefner NAYS: Carruthers, Mitchell, Stipan, Bettenhausen, Gugala

6. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and  Approved September 9, 1947 as Amended zoning case ZC-23-002, JC Siegers LLC,  Owner of record (John Siegers, 100 percent interest) Wennlund of Wennlund  and Associates, Attorney, requesting (S-23-002) Special use for a landscaping  and lawn maintenance business, PIN # 19-09-33-100-017-0000, Frankfort  Township, V (vacant) South 104th Avenue, Frankfort, Il., County Board District #  3. 

Adrian Diaz Presenting staff report.

Special Use Permit for a landscape and lawn maintenance business.

To operate a landscape and lawn maintenance business.

STAFF ANALYSIS

The property is an unimproved parcel in Frankfort Township south of Laraway Road and east of La Grange Road. Per the plat of survey submitted by the applicant, the property has 531 feet of frontage along South 104th Avenue and is 10.01 acres. The property meets the minimum lot standards for the A-1 district (300 feet of lot frontage along a dedicated right-of-way and 10 acres).

The property is approximately 775 feet to the south of the corporate boundaries of the Village of Frankfort and within its facility planning area.

The applicant purchased the property on September 9, 2022 (R2022-82917). The applicant met with land use staff, and representatives from the Village of Frankfort and the Frankfort Fire Protection District at a pre-application conference on October 27, 2022. To discuss the possibility of establishing a tree farm and operating a landscaping business from the property. At the meeting, Staff informed the applicant that tree farms are permitted by right in the A-1 District, but to operate a landscaping business from the property a special use permit for a landscaping and lawn maintenance business must be granted by the County Board.

The applicant operates their landscape business from 11114 West 189th Place Unit E1, Mokena, IL 60448. The property is in Unincorporated Will County and is zoned I-1. Landscaping and Lawn Maintenance businesses are permitted in the I-1 district.

STAFF RECOMMENDATIONS

Approval of a special use permit for a landscaping and lawn maintenance business with nine (9) 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 the premises and uses thereon for compliance with the terms and conditions of this special use permit.

2. Open burning of any substance on site is prohibited, except clean wood as a fuel source within structures.

3. Landscape wastes shall not be transported to the site, except those generated as a result of services provided by the applicant(s). Landscape wastes brought to the site shall be stored within vehicle, which transported the waste to the site. All landscape waste transported to the site shall be transported off site for proper disposal within twenty-four (24) hours except for weekends or holidays when forty-eight (48) hours will be allowed.

4. No more than 40 cubic yards of wood wastes (i.e. tree limbs or logs) shall be stored on site at one time.

5. A permanent structure shall be constructed around any manure storage piles. Structures shall be compliant with all local ordinances.

6. All bulk organic product or material, including manure, shall be stored in a manner to prevent contact with stormwater run-off or run-on. Bulk storage areas shall be located outside of drainage ways, swales, and depressions.

7. Leachate generation from products or material stored on site shall be prevented. Leachate generated shall be managed properly and not allowed to flow off site.

 8. Bulk product, material, or wastes stored on site, which create odors that are detected off site, shall be removed from the site within 24 hours from the time the odor was detected or the time the odor complaint or notification was received.

9. Within six (6) months of County Board approval, the applicant shall apply for the site development permit.

Michael Pascarella: Good evening and thank you for having us. Wennlund and Associates. Staff detailed in the report in Mokena and has been doing so for the past 14 years. He purchased the subject property in order to move his current business in Mokena location to the subject location. The property is currently zoned A-1 we respectfully request that the application for a special use permit to operate this landscaping and lawn Maintenance from that location be approved because this application meets all the required criteria. The business won't be a danger to the public, nor will it be injurious to the use and enjoyment of the property or diminish property values. As noted by staff these uses are common throughout the A-1 Districts. The property directly abutting this current property to the north there is two properties there on is already zoned I-2 the other is C-3 the surrounding properties to the south are A-1. Additionally, as detailed by staff, the hours of operation will be 7am to 6pm on Monday through Friday. Occasionally a Saturday. The business will not be open for the public this isn't a retail nursery. It is strictly for the owner and his (3) three employees. This will have minimal impact on any traffic that would be generated because there is only (3) three employees. The traffic increase would be almost nonexistent. As it would be just the coming and going of those employees at the beginning of the day and at the end of the day when they finish their work. The Landscaping business is compatible with the surrounding are. As staff noted there has been an influx of residence in both the Village of Frankfort, New Lenox, Mokena all these residence need landscaping services this is the type of business to provide that to them. Mr. Siegers, JC Siegers LLC., understands and will comply with all applicable codes concerning site development, utilities, drainage, ingress and egress, the construction of the proposed building. In fact, Mr. Siegers has already been in contact with the Township Road Commissioner regarding required signage and road use. Prior to obtaining any of these necessary permits and approvals. To perform this, however, it is imperative that the special use permit be granted. We gave notice to all the required abutting property owners and municipalities. As far as I know no abutting property owners have any objection. I know there is one objector here I am not sure if he is abutting. The email received was from a sole objector, an individual who is not an abutting property owner. Their property is located a little over a half mile away around the corner on Steger Road. The basis for the objection was that the landscaping business would increase traffic, noise, and interfere with the enjoyment of the residence. As staff detailed in depth none of that has any validity. There are only going to be (3) three employees. It is not open to the public. Further, we have not received any objection from the Village of Frankfort, they have made some comments but no objections. This matter was also presented to the Frankfort’s Township February 14 meeting, who voted on the application. Not only did nobody object but during the meeting everyone seemed to voice support for this special use permit. Additionally, as noted the Frankfort comprehensive plan 2040 comprehensive plan that has been approved. The surrounding area has been zoned for a business park, not residential. This would be directly in line with that type of zoning. So if there are no other questions I thank you for your time and be happy to hear from you.

Committee questions Attorney.

Committee questions Mr. Siegers.

Concerned citizen: Owns the property to the south, water way - flooding, water use run off, lighting- light pollution, plant a row of trees a fence along the property line, happy it is not open to the public and landscape waste.

Mr. Siegers addresses the concerns of the citizen.

MOTION FOR A LANDSCAPING AND LAWN BUSINESS W/ 9 CONDITIONS 

Will County Planning and Zoning Commission approved by roll call vote, passed, 6-0.

RESULT: APPROVED [UNANIMOUS]  MOVER: Michael Carruthers, Commissioner SECONDER: Kimberly Mitchell, Commissioner AYES: Carruthers, Mitchell, Stipan, Kiefner, Bettenhausen, Gugala

VI. OTHER

1. Repeal of Ord #20-478, Amending Sections 155-7.30 Use Table and 155-14.100  Outdoor Display and Storage (B), (1) and (3) of the Will County Zoning Ordinance 

Colin Duesing presented repeal.

Amending Section 155-7.30 Use Table and 155-14.100 B. Outdoor Storage of the Will County Zoning Ordinance 

WHEREAS, in 2018 the County of Will adopted a revised Will County Zoning Ordinance in accordance with the Illinois Compiled Statutes 55 ILCS 5/5-12001 et. seq.; and 

WHEREAS, in 2020 the County of Will adopted ordinance #20-478, the County Board of Will County has proposed to modify a text amendment in order to include Construction Sales and Service and Outdoor Storage Yard uses in the A-1 Agricultural District; and

WHEREAS, following a review of the Will County Zoning Ordinance, it has been determined amendments are necessary to discontinue the option to allow Construction Sales and Services and Outdoor Storage Yards with a Special Use Permit in the A-1 Zoning District; and

WHEREAS, due notice of the time and place for a public hearing of the Will County Planning and Zoning Commission was published in a paper of general circulation in Will County, Illinois; that such hearing was duly and properly held on April 18, 2023; and

WHEREAS, on May 9, 2023, the Will County Board Land Use and Development Committee reviewed public comments received at the public hearing and forwarded the final draft to the Will County Board (Exhibit A).

NOW THEREFORE, BE IT ORDAINED by the County Board of Will County, Illinois that: 1. Sections Section 155-7.30 and 155-14.100 B. of the Will County Zoning Ordinance are hereby amended as described in the attachment to this Ordinance (See attached Exhibit A).

2. This Ordinance shall be in full force and effect upon its passage and approval as provided by law.

Adopted by the Will County Board this 18th day of May 2023.

MOTION TO OPEN PUBLIC HEARING 

Will County Planning and Zoning Commission approval to open public hearing by roll call vote, passed, 6-0.

RESULT: APPROVED [UNANIMOUS]  MOVER: John Kiefner, Vice Chairman SECONDER: Kimberly Mitchell, Commissioner AYES: Carruthers, Mitchell, Stipan, Kiefner, Bettenhausen, Gugala

MOTIN TO CLOSE PUBLIC HEARING 

Will County Planning and Zoning Commission approval to close public hearing by roll call vote, passed, 6-0.

RESULT: APPROVED [UNANIMOUS]  MOVER: John Kiefner, Vice Chairman SECONDER: Kimberly Mitchell, Commissioner AYES: Carruthers, Mitchell, Stipan, Kiefner, Bettenhausen, Gugala

MOTION FOR AMENDING SECTION 155-7.30 USE TABLE AND 155-14.100  OUTDOOR STORAGE OF THE WILL COUNTY ZONING ORDINANCE 

Will County Planning and Zoning Commission approved by roll call vote, passed, 6-0.

RESULT: APPROVED [UNANIMOUS]  MOVER: John Kiefner, Vice Chairman SECONDER: Matthew Gugala, Commissioner AYES: Carruthers, Mitchell, Stipan, Kiefner, Bettenhausen, Gugala

VII. EXECUTIVE SESSION 

VIII. ANNOUNCEMENTS 

IX. ADJOURNMENT 

MOTION TO ADJOURN 

Will County Planning and Zoning Commission approved adjourn meeting by voice vote, passed, 6-0.

RESULT: APPROVED [UNANIMOUS]  MOVER: Kimberly Mitchell, Commissioner SECONDER: John Kiefner, Vice Chairman AYES: Carruthers, Mitchell, Stipan, Kiefner, Bettenhausen, Gugala

NOTE; NEXT MEETING WILL BE HELD ON MAY 2, 2023 

VISIT WWW.WILLCOUNTYLANDUSE.COM TO VIEW AGENDAS  AND STAFF REPORTS

 https://willcountyil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=4529&Inline=True