Will County Gazette

Will County Board Planning and Zoning Commission met Nov. 7.

Here are the minutes provided by the Commission:

I. CALL TO ORDER

Chairman Hugh Stipan called the meeting to order at 6:30 PM

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

Present from Will County Land Use were Brain Radner, Marguerite Kenny, Adrian Diaz, Ashlyn Kirby, Kelli Kruczynski, Dawn Tomczak, and Susan McDavid.

State's Attorney Office was represented by Donna Hansen.

II. PLEDGE OF ALLEGIANCE

III. ROLL CALL AND DECLARATION OF QUORUM

IV. APPROVAL OF MINUTES

1. WC Planning and Zoning Commission - Public Hearing - Oct 3, 2023 6:30 PM Motion to Approve Minutes of October 3, 2023

Will County Planning and Zoning Commission approved unanimously, 7-0.

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

2. WC Planning and Zoning Commission - Public Hearing - Oct 17, 2023 6:30 PM Motion to Approve Minutes of October 17, 2023

Will County Planning and Zoning Commission approved unanimously, 7-0.

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

V. ZONING CASES

1. 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-23-078, James Stellwagen Living Trust, Owner of Record, (James C Stellwagen, 100% Beneficiary); and James Stellwagen, Agent, Requesting (V-23-106) Variance for Minimum Lot Frontage from 300 Feet to 165 Feet, (V-23-107)Variance for Maximum Accessory Building Height from 25 Feet to 40 Feet and (V-23-123) Variance for Side Yard Setback (South Side) from 20 Feet to 10 Feet, for PIN # 16- 05-35-300-011-0000 in Homer Township Commonly Known as 18106 S. Parker Road, Mokena, IL

Case Number ZC-23-078/ V-23-106, V-23-107, V-23-123

Request(s) 1. Variance for minimum lot frontage from 300 feet to 165 feet. 2. Variance for maximum accessory building height from 25 feet to 40 feet. 3. Variance for side yard setback (south side) from 20 feet to 10 feet.

Reason for Request To bring the lot into conformance and develop site as a farmette.

Common Address 18106 S. Parker Road, Mokena, IL 60448

PIN 16-05-35-300-011-0000

County Board District 4

Parcel Size 5 acres

Current Zoning/Land Use A-2 Agricultural-Residential

Applicant Information Owner/Applicant: James Stellwagen Living Trust (James C Stellwagen, 100% beneficiary) Agent: James Stellwagen

Staff Report By/Date of Report Marguerite Kenny October 27, 2023

Marguerite Kenny presented A staff report as distributed and published.

Michael Carruthers: Marguerite can you explain a farmette?

Marguerite Kenny: It is a smaller farm residential type use where you will have accessory animals. It is a new term for the smaller farms, that are hobby farms esentially.

Michael Carruthers: Going back to the basics.

Vice Chair John Kiefner: I call them weekend farming. Think Green Acres.

Chair Stipan: Are the applicants here? Are there any concerned citizens or objectors to this case?

No response.

Chair Stipan: There are not. You have a recommendation for approval there is no concerned citizens you are welcome to speak is you want to but other wise we will just take a vote.

Vice Chair John Kiefner: Mr. Chair since I thin this is a really neat and novel thing, for ZC-23-078/V-23-106 I will make a motion for approval for a variance for minimum lot frontage from 300 feet to 165 feet.

Michael Carruthers: Second.

Chair Stipan: I have a motion and a second, may I have a roll call. Dawn Tomczak called roll.

MC Yes

KM Yes

JK Yes

RB Yes

MG Yes

KW Yes

HS Yes

Passed 7-0.

Vice Chair John Kiefner: Mr. Chair same case 078/V-23-107 Variance for maximum accessory building height from 25 feet to 40 feet.

Michael Carruthers: Second.

Dawn Tomczak called roll.

MC Yes

KM Yes

JK Yes

RB Yes

MG Yes

KW Yes

HS Yes

Passed 7-0.

Vice Chair John Kiefner: Same case Mr. Chairman 078/V-23-123 approval of a variance for side yard setback (south side) 20 feet to 10 feet.

Michael Carruthers: Second.

Dawn Tomczak called roll.

MC Yes

KM Yes

JK Yes

RB Yes

MG Yes

KW Yes

HS Yes

Passed 7-0.

Motion to Approve Variance for Minimum Lot Frontage from 300 feet to 165 feet

Will County Planning and Zoning Commission approved unanimously, 7-0.

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

Motion to Approve Variance for Maximum Accessory Building Height from 25 feet to 40 Feet

Will County Planning and Zoning Commission approved unanimously, 7-0.

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

Motion to Approve Variance for Side Yard Setback (south side) from 20 feet to 10 feet

Will County Planning and Zoning Commission approved unanimously, 7-0.

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

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-23-082, Zaky Ziyad, Owner or Record and John Parillo, Agent, Requesting (V-23-116) Variance for Side Setback (South Side) from 5 Feet to 2 Feet, for PIN # 23-15-22-206-026-0000 & 23-15-22-206-025-0000 (Consolidation Petition #P2023-64), in Crete Township, Commonly Known as 25848 S. Cottage Ave, Crete, IL

Case Number ZC-23-082 / V-23-116

Request(s) 1. Variance for side yard setback (south side) from 5 feet to 2 feet. Reason for Request To bring metal shed into compliance.

Common Address 25848 S Cottage Ave Crete, IL 60417

PIN 23-15-22-206-026-0000 & 23-15-22-206-025-0000 (Consolidation Petition #P2023-64)

Parcel Size +/- 0.33 acres

Current Zoning/Land Use R-5 Residential-Single-family

County Board District 3

Applicant Information Owner: Zaky Ziyad Agent: John Parillo (Primary Contact) Staff Report By/ Date of Report Ashlyn Kirby October 27, 2023

Ashlyn Kirby present the staff report as distributed and published.

Chair Stipan: I have no questions. Does anyone on the board have questions? No response.

Chair Stipan: Are there any objectors or concerned citizens about this case? No response.

Chair Stipan: None, ok. Is Mr. Parillo here or the owner?

Yes I am here, John Parillo.

Chair Stipan: There is no objectors to the case, do you want us to just go ahead and take a vote? You have a recommendation of approval by the staff.

John Parillo. Yes Mr. Chair.

Kimberly Mitchell: Mr. Chairman I will make a motion, case ZC-23-082/V-23-116, Approval of a variance of a side yard setback (south side) from 5 feet tot 2 feet.

Matthew Gugala: Second.

Chair Stipan: I have a motion and a second, may I have a roll call.

Dawn Tomczak called roll.

Motion to Approve Variance for Side Yard Setback (south side) from 5 feet to 2 feet

Will County Planning and Zoning Commission approved unanimously, 7-0.

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

3. 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-23-098, Christopher Regis, Owner of Record, Requesting (V-23-147) Variance for Minimum Side Yard Setback from 10 Feet to 0.91 Feet (West Side), for PIN # 15-08-07-304-022-0000 in New Lenox Township Commonly Known as 2433 Dougall Road, Joliet, IL

Case Number ZC-23-098 / V-23-147

Request(s) 1. Variance for minimum side yard setback from 10 feet to 0.91 feet (west side).

Reason for Request Replace the existing shed with new.

Common Address 2433 Dougall Road Joliet, IL 60433

PIN 15-08-07-304-022-0000

Parcel Size +/- 23,621 square feet

Current Zoning/Land Use R-3 / Residential

County Board District 5

Applicant Information Owner: Christopher Regis

Staff Report By/Date of Report Ashlyn Kirby October 27, 2023

Ashlyn Kirby present the staff report as distributed and published.

Chair Stipan: Thank you very much, are there any concerned citizens or objectors to this case?

No response.

Chair Stipan: None. Is the owner here? Alright, we have no concerned citizens and we have a recommendation of approval, do you want us to go ahead and take a vote or would you like to speak? Take a vote.

Yes sir.

Kimberly Mitchell: I will make a motion, case number ZC-23-098/V-23-147 approval of a variance for minimum side yard setback from 10 feet to 0.91 feet (west side).

Vice Chair John Kiefner: I will second.

Motion to Approve Variance for Minimum Side Yard Setback from 10 feet to 0.91 feet (west side)

Will County Planning and Zoning Commission approved unanimously, 7-0.

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

4. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-23-073, Hsing Chen, Owner of Record, Akshar Patel of Stuenkel Solar Farm I LLC, Agent and Josh Nathan of Cleantech Law Partners, Attorney , Requesting (S-23-049) Special Use Permit for a Solar Energy Facility, Commercial for PIN # 18-13-11-100-005- 0000 in Green Garden Township Commonly Known as V (Vacant) Stuenkel Road, Frankfort, Il , County Board District #3

Case Number ZC-23-073 / S-23-049

Request(s) (1) Special use permit for a Solar Energy Facility, Commercial. Reason for Request To construct a five (5) megawatt commercial solar farm. Common Address V (Vacant) Stuenkel Road, Frankfort, IL 60423

PIN 18-13-11-100-005-0000

Parcel Size +/- 45 acres

Current Zoning/Land Use A-1 Agriculture

Applicant Information Owner: Hsing Chen & Eugene Yu Agent: Akshar Patel of Surya Powered LLC (PRIMARY CONTACT)

Attorney: Josh Nathan of Cleantech Law Partners

Staff Report By/Date of Report Adrian Diaz October 27, 2023

19 concerned citizens spoke of their concerns. They were all against the project. Too close to residential area, not in the comprehensive plan for Green Garden, The agent never came to the Township for discussion. The solar farm is not agriculture use, therefore should not be granted for this property. Fear of no established fire control. Create eye sore, Lower property value, unethical,

Applicants disrespectful, never showed up to the meeting and their plans not informative, Interruption of storm water, Light pollution, metal in the water, horse area this will cause harm to the agricultural area. Wildlife in danger, No water studies conducted, who will make sure cleanup is done properly, .Does not agree with the SUP criteria, Bond issue, Keep Green Garden open space without commercial use. Harmful to human health, the poles are an eyesore solar farms not good growth, roads not equipped for this development, traffic problems, effect on the honeybees. 130 people signed a petition no deny the application. Applicant not prepared.

The applicant commented that the procedure to have a solar farm was followed correctly by the State and County. They state they will work with the Fire District; however, comments were not to staff upon notification. There is a connection agreement with Commonwealth Edison, existing power line inter-connection. There will be no impact on wetlands. All procedures will be followed by the roadway authorities for constructing the solar farm. All studies required by the Will County Zoning Ordinance have been completed. The application was followed by the law.

Staff recommended approval of the special use permit for a Solar Energy Facility, Commercial with the following three (3) 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. The special use permit be transferrable to any future property owners. 3. On-site power lines and utility connections must be placed underground except where necessary to connect to existing overhead utility lines.

Planning and Zoning Commission voted to approve the special use permit for a Solar Energy Facility, Commercial with the three (3) conditions with a vote of 0-7; thereby; denying this request.

Motion to Approve Special Use Permit for a Solar Energy Facility, Commercial W/ 3 conditions

Will County Planning and Zoning Commission denied, 0-7.

RESULT: DEFEATED [0 TO 7] MOVER: Michael Carruthers, Commissioner SECONDER: Karen Warrick, Commissioner NAYS: Carruthers, Mitchell, Stipan, Kiefner, Bettenhausen, Gugala, Warrick

5. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-23-089, Michael Joseph Piotrowski, Owner of Record and Marcy Cosgrove , Agent Requesting (S-23-053) Special Use Permit for Accessory Dwelling Unit (ADU), (V-23-128) Variance for Side Yard (South Side) Setback from Ten (10) Feet to Five (5) Feet, (V-23-145) Variance for Maximum Accessory Building Area from 1,500 Square Feet to 3,177 Square Feet, (V-23-144) Variance for Maximum Height of an ADU from 20 Feet to 26 Feet and (V-23-129) Variance for Maximum Size of Accessory Dwelling Unit from 650 Square Feet to 2,212 Square Feet for PIN # 06-03-26-302- 005-0000, in Plainfield Township Commonly Known as 2423 Hel Mar Lane Joliet, IL, County Board District #7

Case Number ZC-23-089 / S-23-053, V-23-128, V-23-129, V-23-144, V-23-145 Request(s) 1. Special use permit for a detached accessory dwelling unit (ADU). 2. Variance for side yard (south side) setback from ten (10) feet to five (5) feet. 3. Variance for maximum accessory building area from 1,500 square feet to 3,177 square feet. 4. Variance for maximum height of a detached ADU from 20 feet to 26 feet. 5. Variance for maximum size of accessory dwelling unit from 650 square feet to 2,212 square feet.

Reason for Request To build a detached accessory dwelling unit.

Common Address 2343 Hel Mar Lane, Joliet, IL 60431

PIN 06-03-26-302-005-0000

Parcel Size +/- 20,000 square feet

Current Zoning/Land Use R-3 Residential Single Family Applicant Information Owner: Michael Joseph Piotrowski Agent: Marcy Cosgrove (PRIMARY CONTACT) Staff Report By/Date of Report Adrian Diaz October 27, 2023

Adrian Diaz present the staff report as distributed and published.

Chair Stipan: Questions that I have, it says here that from the dwelling units that they have a height standard as far as height goes.

Adrian Diaz: So they have a stricter standard than other accessory buildings. So there accessory buildings like a barn or a garage they could be up to 25 feet in height in the R-3 district. I think that is trough out the entire zoning classification but for whatever reason when the county adopted our current ADU regulations. They adopted the current height standards and it comes into play rarely when we have detached ADU's. This is the second request this year for height as well.

Chair Stipan: So, you can't have a 2 story ADU?

Adrian Diaz: You can have it two stories tall so long as it is no taller than 20 feet. So if you want to have eight (8) foot tall ceilings.

Vice Chair John Stipan: To Hugh's point, we have had two or three of these that were substantially larger ADU's. You kind of alluded to this, this is basically becoming a primary residence.

Adrian Diaz: Yes.

Vice Chair John Kiefner: when you look at it in size and scope is it possible to make this a primary residence and the one that is already there become the ADU?

Adrian Diaz: From the perspective of the variance request. They would still be asking for a variance request. IN our zoning ordinance it is a strong preference that and accessory building be smaller than a main building. Specifically, for the ADU, it should be smaller.

Vice Chair John Kiefner: That would be my definition of an accessory too. An attachment to that is smaller not larger.

Adrian Diaz: Correct.

Chair Stipan: Any other questions? Thank you very much. Are there any objectors or concerned citizens to this case?

Hands raised in the gallery.

Chair Stipan: We are going to hear from the applicant first.

Hello my name is Michael I am the owner of the property. I moved in 2 years ago. We are originally from Bolingbrook we are invested in the community. We are big in the community. I fell in love with the area, I have two kids. Since I moved in, I have gotten married. I love the area, I walk around a lot. I go the idea from the neighbors house, it was a ranch on level, they have a 2-story garage bigger than the house. Just from walking around throughout the neighborhood I have seen 2- story garages, not quite this big but still good size. Fairly bigger than the house. I am younger, I am younger by a lot. That just goes to show I am invested within my community at my age. I am going to be there a lot longer than most people. It just goes to show I am in it for the long haul. My mother is young.

Marcy Cosgrove: This is for me and my husband and my father. The plan is for us to all live together, help raise the grandchildren be a part of the community. We were voted Bolingbrook Family of the year 2016. My husband was senior citizen of the year in 2015. We were very involved in our community. My father also has won multiple awards for beautiful landscaping in Village of Bolingbrook. We like to bring good things to our community, to our area. I served on the Bolingbrook Trojans youth football, I was part of the Bolingbrook Lions club for many years, I had a youth group, we did a coat drive every year. We are very active in our community and we would like to stay that way moving to Joliet if this gets approved. My Grandfather who is still alive, we are lucky to have Five (5) generations of us that will all be living down the street from each other. He is an assisted living home down the street from where my son lives. We would all like to stay together, family is important to us. The purpose of us doing this is so I can still live with my Dad, my Dad lives with us. We are going to be behind Mike in the backyard with the kids that is our point of doing this. We are here to make friends to be with the neighbors. We absolutely love the neighbors. It is such a great are the neighbors brought pumpkins over for the kids the other day. I thought that was very nice. That is the kind of community I want to live in. That is where I want my grandchildren to grow and I want to be a part of that. I absolutely enjoy it.

Michael Piotrowski: Family orientated. Grandparents involved. My great grandpa back there and the builder to has done multiple additions on our street.

Chair Stipan: Ok, thank you.

Six (6) objectors were present. One neighbor stated that her and her family were in favor of their plans.

Too large for the area, there will be septic problems, and this will look like a multibuilding area taking away from the residential area.

The balcony and the large building they are proposing is not in character with the neighborhood.

The applicant replied that they want to be with the family. They want to help raise their grandchildren. They will apply to all permitting regulations.

Concerned citizen: Eye sore to the community, takes away of the view, impose on the neighboring property, they would have no privacy, septic problems, and they felt they should stay within the zoning ordinance designated boundaries.

Vice Chair John Kiefner: You have a pool in your backyard correct. Neighbor directly behind: Yes, we do.

Concerned citizen: One neighbor commented that they built a garage and not a house, they build within code having only storage, why can’t the applicant?

Drainage problems may occur.

Kimberly Mitchell: Are there ordinances that would prevent that from becoming a two apartments building? Can you take one of these and turn them into apartments.

Adrian Diaz: So, like anybody could who owns a house they could rent out the house. They could do the same thing. We have no restrictions on if somebody can rent the house. Regarding an accessory dwelling unit you are only allowed to one on the property. If you divide it into two apartments and you are building a kitchen upstairs then that is considered a third unit and that is not permitted.

Vice Chair John Kiefner: If it did happen there is legal recourse within the county to stop that. You can't stop any neighbors from doing anything.

Adrian Diaz: You can call code enforcement.

Concerned citizen: There will be septic problems due to an old huge tree with large roots under the ground area of the entire yard.

Kimberly Mitchell: The health department, there are rules and regulations for sighting septic's and if there is a concern it will not be permitted.

Concerned citizen: Water problems, parking problems, and the sign posted was in the wrong location, pictures provided.

Vice Chair John Kiefner: You can only show us the pictures if you can leave a copy of it with us. Staff supplies the signs.

Neighbor for the project: Family should live together, they are a beautiful family, I can say nothing bad, be with grandchildren, and I approve this family being together.

Michael Piotrowski: Thank you all for your concerns. There is nothing about any trees coming down. The deck would be in the front.

Marcy Cosgrove: The deck is not going to be overlooking..

Michael Piotrowski: The deck will be in the front. It is 17 feet from the easement we measured. For the water concerns, my house flooded probably a week after we bought it. That was the main concern with Will County we already talked with Cole about doing an under drain system to prevent the water. We have already been approved and inspected that the septic would get redone with no problems.

We were going to get them redone because that was a concern from Will County with adding the bathrooms. They said the tank we have now would not fit and it would not get approved. We talked to R&R Septic, also a company that is in the community. They already came out and got it marked. We were supposed to do this in October, I believe it got postponed. They already approved it and came out and marked it and everything. There was nothing about trees or roots or anything getting knocked down.

Marcy Cosgrove: Will County has addressed the situation we have already been approved through Will County for the water and the septic we are doubling the septic tank. We are having an injector pump. So it is going to be more than safe and probably help out other people, our other neighbors who might think it is going to flood. But ours is going to be a little more powerful and help push that water out a little better. So that might be beneficial to the neighbors. I don't think that will hurt them in anyway. We just want to be there. We are not here to harm anyone. We want to be thee to help raise our grandkids be part of the family. Family is important to us. I want to be by my grandfather, the five (5) generations of us being so close together is very important to us. We are not here to hurt anyone or harm anyone.

Michael Caruthers: This house, three (3) bedroom house belongs to who? Marcy Cosgrove: My son.

Vice Chair John Kiefner: The current house that is there, who owns it? Michael Piotrowski: Me.

Vice Chair John Kiefner: And who lives there?

Michael Piotrowski: Me, my wife and my two (2) kids.

Vice Chair John Kiefner: You two are not married?

Michael Piotrowski: This is my mother.

Vice Chair John Kiefner: You are going to live in the back house. Marcy Cosgrove: With my husband...

Vice Chair John Kiefner: With your husband.

Marcy Cosgrove: And my father. My Dad as well. My Dad will be on the bottom level and have his own bathroom and bedroom right by each other. Then upstairs my husband and I will be up there.

Michael Carruthers: So presently where are you located where is your residency?

Marcy Cosgrove: I am currently living with a friend of mine until we can get this approved. So I have a temporary address right now in Romeoville while I am waiting to get this approved. We sold our house to do this. We were looking for a home to buy in the area. As I said my grandfather lives in Rock Run in assisted living. My son was in Joliet so we wanted to try to be close to everyone. Economy was not great for the house that we were looking at houses to buy we could not find one. So we saw that the neighbors had an addition. We walked through the community other people have additions there. So we thought why don't we just try this and then we can all be together as one (1).

Michael Carruthers: You're saying it is the same as their homes?

Marcy Cosgrove: Well the only reason it seems so big is because that porch is huge. The porch is like half of the garage. It is just a roof top.

Michael Piotrowski: They are counting it as square footage.

Marcy Cosgrove: They are counting that as square footage and even the entryway to go to our house outside is being counted as square footage that is not really livable space. The livable space on the porch is not livable it is just out. It is just instead of having nothing in front of our roof we are going to have a porch. We thought it looked a little nicer. We thought it would look a little nicer for the neighbors to see as well. When you enter the front of the house there will be a porch on top of the garage versus just a roof.

Michael Piotrowski: In the original plan for like 1680 square foot, or something like that until they counted all of that.

Marcy Cosgrove: I wanted to say it is like 500 square feet or just roof top up on top of the garage. Space for us to hang out and not actually live in. That is why it seems so big.

Kimberly Mitchell: They count that as living space?

Vice Chair John Kiefner: He said he did.

Adrian Diaz: Anything that is covered we would count as accessory living space and we also count that as accessory building space so we count it twice.

Marcy Cosgrove: So it sounds like it is a huge house. It really is not. There is regular size rooms it is just we have to use that as living space I guess because that is the code Will County wants us to use.

Michael Carruthers: So if you don't have a covered porch it is not accounted for living space.

Marcy Cosgrove: Right. Part of it is covered and part of it is not. Michael Carruthers: We had this same case about five (5) or six (6) months ago. Kimberly Mitchell: This faces the street.

Michael Piotrowski: There is plenty of room in the driveway for multiple cars. Marcy Cosgrove: It is a very long driveway.

Vice Chair John Kiefner: So from what I gather from all of the neighbors, aesthetics, drainage, and the sewer system are their major worries. You talked to the Will County Health Department and the sewer system that you have already it only address the house that is there or does it address the house and this new structure.

Marcy Cosgrove: Both.

Vice Chair John Kiefner: And you have a private well there.

Marcy Cosgrove: Yes we have already had them out a few times.

Vice Chair John Kiefner: Everyone there is private well. You can fit a septic system, I want to confirm, you can fit a septic system on this lot that will address all the number of bedrooms that the County...

Marcy Cosgrove: Yes.

Vice Chair John Kiefner: And have all the setbacks for all the necessary wells in the neighborhood.

Marcy Cosgrove: And an injector pump yes.

Vice Chair John Kiefner: So you have addressed one (1) of the three (3) concerns here. The aesthetics and the extra stormwater this is all going to take and I would have to disagree with you that your going to be pumping a lot more water, you are going to be flushing a lot more water so you will actually make the drainage worse in the area. Even though you have a bigger septic system that is that much more water that...if it is working right it won't leave your property. Most of the time. But you have the seasonal shallow water table that loves to come in the spring with snow melt.

Marcy Cosgrove: So what happens with this pump that we are putting in. It is one (1) every 24 hour injection. At night it will inject it out and it will build up throughout the day. So it is not a constant run through.

Vice Chair John Kiefner: But there is still not a point of exit off your property. So we have times, and I know this, that we are completely 100% saturated. I have had friends out in the country say what is that smell? Well that is your septic field technically bubbling up. Because if all your drains and everything in your house is height than your septic field. So how do I address the aesthetic and the fact that you are basically building a primary residence? You haven't done anything to convince me otherwise, other than you want to live together.

Marcy Cosgrove: Yes and my father is living with us, me, my husband. That is why, that is where we are going to live. Like I said, the reason it seems so big is because of the covered walkway and the porch. If you look at it, you would see it is just a three (3) bedroom, two (2) bath.

Vice Chair John Kiefner: And this garage is going to be built where the existing garage is.

Marcy Cosgrove: The garage is already there we are just building on top of it. Vice Chair John Kiefner: Your going to go on top.

Marcy Cosgrove: On top of the garage and a little bump out in the back for my Dad's room.

Michael Piotrowski: The bump out is 30 X 26 it is not going wider. It is going longer and it is still 17 feet away from the easement. I know people had concerns about single family homes. I have actually drove around and I walk around the neighborhood a lot. On Van este raod there are two (2) rental properties and that is still part of Crystal. The address is 2053 North and 2053 south. Completely split, 100% rental properties two (2) driveways and there is also 2515 A and 2515 B.

Marcy Cosgrove: We are not doing this for a rental property. This is where I want to live with my family, my grandchildren for as long as I possible can. There is no kitchen upstairs so it can not be turned into an apartment.

Vice Chair John Kiefner: I am not worried about that.

Marcy Cosgrove: Were there any more questions that I can ask for any of you. Michael Carruthers: So you can't cover that porch.

Marcy Cosgrove: So you are saying that we can not have a rooftop at all but we can have it unroofed.

Adrain Diaz: Because of the accessory dwelling unit request is also including the porch. If they wanted to enclose it and add a fourth room they could do that because the request allowed it to be that high. If they want to add a fifth and a sixth bedroom and they want t go over the existing garage which is not covered by the roof. Then they would have to come in and apply for a new variance for acesoory building area and also maximum size of an accessory building.

Vice Chair John Kiefner: So they way I am looking at this Mike is if they don't get this they could decide to put an addition on the back of the house. And leave the garage that is there. Now you actually created more covered area but there is nothing to stop them from coming in and applying for a 500 square foot room addition on the back of the house. They could put in there anything they want. Family could move in and share the house.

Adrian Diaz: Correct as long as it meets setbacks they can apply for an building permit for an addition.

Vice Chair John Kiefner: Between the proverbial rock and a hard place. No more questions.

Kimberly Mitchell: Does it have to be 26 feet tall?

Michael Piotrowski: For safety purposes.

Marcy Cosgrove: That is for safety that is not because we want it that high. That is for safety purposes for the building codes.

Kimberly Mitchell: Our building code is 20 feet.

Vice Chair John Kiefner: The garage is already set and then you put a roof on top of it and then the peak. They are going with a flat roof.

Marcy Cosgrove: We are taking the top of the garage roof off putting joist and adding on top of it. So we are not taking up a lot of land spae from there.

Michael Piotrowski: The plans have all been submitted and to code.

Vice Chair John Kiefner: So you are say9ing that the footprint of this garage will be no bigger than what it currently is.

Marcy Cosgrove: There is going to be a bump out in the back. Dan, how much is the bump out in the back of our garage?

Dan 32 x 26

Michael Piotrowski: Which is still 17 feet from the property line. Vice Chair John Kiefner: So you are adding to the original footprint. Chair Stipan: Any more questions?

No response.

Matthew Gugala: Mr Chairman with regards to ZC-23-089/S-23-053 I move for approval of special use permit for detached accessory dwelling unit W/ 2 conditions.

Michael Carruthers: Second.

Chair Stipan: I have a motion and a second, may I have a roll call vote. Dawn Tomczak called roll.

6-0 Approved

Matthew Gugala: Mr. Chairman with regards to ZC-23-089/V-23-128 move for approval of variance for side yard (south side) setback from 10 feet to 5 feet.

Michael Carruthers: Second.

Chair Stipan: Roll call please.

Dawn Tomczak called roll.

MC Yes

KM Yes

JK Yes

RB Yes

MG No

KW Yes

HS Yes

6-0 Approved.

Matthew Gugala: Mr. Chairman with regards to ZC-23-089/V-23-129 move for a variance fro maximum accessory building area from 1,500 square feet to 3,177 square feet.

Michael Carruthers: Second.

Dawn Tomczak called roll.

MC Yes

KM NO

JK NO

RB NO

MG NO

KW NO

HS NO

1-6 denied.

Matthew Gugala: Mr. Chair with regards to ZC-23-089/V-23-144 move for approval of variance for maximum height of detached ADU from 20 feet to 26 feet.

Michael Carrutheres: Second.

Dawn Tomczak called roll.

MC NO

KM Yes

JK NO

RB NO

MG NO

KW NO

HS NO

1-6 denied.

Matthew Gugala: Mr. Chair with regards to ZC-23-089/V-23-145 move for approval of variance for maximum size of acessot dwellong unit from 650 square feet to 2,212 square feet.

Michael Carruthers: Second.

Dawn Tomczak called roll.

MC NO

KM NO

JK NO

RB NO

MG NO

KW NO

HS NO

0-7 denied

Vice Chair John Kiefner: First two (2) passed the last three (3) failed. Michael Piotrowski: So you failed it?

Vice Chair John Kiefner: You can talk to staff. They way I see this is we are not telling you we do not want your family to live together. You could build a 650 square foot dwelling ADU. You can go tomorrow and get the permit for it, am I correct?

Michael Piotrowski: If you went 651 you would still need the special use permit.

Vice Chair John Kiefner: Correct. We are not saying you can not have your family move in and live on that property but we are saying you would have to stay within 650 square foot. You can do 638, 649, 649 and a half but you can't go 651.

Motion to Approve Special Use Permit for a Detached Accessory Dwelling Unit (ADU)

Will County Planning and Zoning Commission approved unanimously, 6-1.

RESULT: APPROVED [6 TO 1] MOVER: Matthew Gugala, Commissioner SECONDER: Michael Carruthers, Commissioner AYES: Carruthers, Mitchell, Stipan, Kiefner, Bettenhausen, Warrick NAYS: Gugala

Motion to Approve Variance for Side Yard (south side) Setback from ten (10) feet to five (5) feet

Will County Planning and Zoning Commission approved 6-1.

RESULT: APPROVED [6 TO 1] MOVER: Matthew Gugala, Commissioner SECONDER: Michael Carruthers, Commissioner AYES: Carruthers, Mitchell, Stipan, Kiefner, Bettenhausen, Warrick NAYS: Gugala

Motion to Approve Variance for Maximum Accessory Building Area from 1,500 square feet to 3,177

Will County Planning and Zoning Commission denied 1-6.

RESULT: DEFEATED [0 TO 7] MOVER: Matthew Gugala, Commissioner SECONDER: Michael Carruthers, Commissioner NAYS: Carruthers, Mitchell, Stipan, Kiefner, Bettenhausen, Gugala, Warrick

Motion to Approve Variance for Maximum Height of a Detached ADU from 20 feet to 26 feet

Will County Planning and Zoning Commission denied 1-6.

RESULT: DEFEATED [1 TO 6] MOVER: Matthew Gugala, Commissioner SECONDER: Michael Carruthers, Commissioner AYES: Mitchell NAYS: Carruthers, Stipan, Kiefner, Bettenhausen, Gugala, Warrick

Motion to Approve Variances for Maximum Size of Accessory Dwelling Unit from 650 square feet to 2,212 square feet

Will County Planning and Zoning Commission denied unanimously, 0-7.

RESULT: DEFEATED [0 TO 7] MOVER: Matthew Gugala, Commissioner SECONDER: Michael Carruthers, Commissioner NAYS: Carruthers, Mitchell, Stipan, Kiefner, Bettenhausen, Gugala, Warrick

6. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-23-095, Jose Mendoza & Juana Mendoza, Owner of Record , Serena Lesa, Agent; Requesting (M-23-015) Map Amendment from R-4 to C-4 and (V-23-143) Variance for Minimum Lot Area from 20,000 Square Feet to 10,503.15 Square Feet, for PIN # 11-04-34-403-017-0000 & 11-04-34-403-018-0000 Located in Lockport Township Commonly Known as V (Vacant) State Street, Lockport, IL., County Board District #5

Case Number ZC-23-095 / M-23-015, V-23-143

Request(s) 1. Map Amendment from R-4 to C-4. 2. Variance for minimum lot area from 20,000 square feet to 10,503.15 square feet.

Reason for Request To build a motor vehicle repair shop.

Common Address V (Vacant) State Street, Lockport, IL 60441

PINs 11-04-34-403-017-0000 & 11-04-34-403-018-0000 (Consolidated P2023-37) Parcel Size +/- 10,503.15 Square Feet

Current Zoning/Land Use R-4 Vacant/Unimproved

Applicant Information Owners: Jose Antonio Mendoza & Juana Mendoza Agent: Serena Lesa (Primary Contact)

Staff Report By/Date of Report Adrian Diaz October 27, 2023

Adrian Diaz present the staff report as distributed and published.

Chair Stipan: Thank you Adrian. Are there any objectors or concerned citizens for this case?

No response.

Chair Stipan: Is the owner or the representative here?

Yes, right here.

Chair Stipan: There are no concerned citizens and they recommended approval, do you want us to just take a vote.

Jose Mendoza: Yes please.

Vice Chair John Kiefner: Mr. Chair seeing that staff really makes a case and I would agree with that this would be the perfect use for this property. I will make a motion for ZC-23-095 /M-23-015 approval of a map amendment from R-4 to C-4.

Matthew Gugala: Second.

Chair Stipan: I have a motion and a second, may I have a roll call. Dawn Tomczak called roll.

MC YES

KM YES

JK YES

RB YES

MG YES

KW YES

HS YES

7-0

Vice Chair John Kiefner: Same case Mr. Chairman 095/V-23-143 Approval of a variance for lot are from 20,000 square feet to 10,503.15 square feet.

Matthew Gugala: Second.

MC YES

KM YES

JK YES

RB YES

MG YES

KW YES

HS YES

7-0 passed.

Chair Stipan: Sorry you waited so long but at least it was worth it.

Jose Mendoza: Thank you.

Motion to Approve Map Amendment from R-4 to C-4

Will County Planning and Zoning Commission approved unanimously, 7-0.

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

Motion to Approve Variance for Minimum Lot Area from 20,000 square feet to 10,503.15 square feet

Will County Planning and Zoning Commission approved unanimously, 7-0.

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

7. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-23-096, Duane G. Borchardt Revocable Living Trust U/A Dated 8/27/12, Owner of Record, (Duane G. Borchardt, Trustee), Alex Mendelson of TPE IL WI158, LLC, Agent and Kyle Barry of McGuire Woods LLP, Attorney, Requesting (S-23-057) Special Use Permit for a Commercial Solar Energy Facility (Applies to 36.99 Acres), (V-23-139) Variance for Number of Required Mowing from Five (5) Times to One (1) Time And (V-23-140) Variance for Maximum Ground Cover Plant Height from 13 Inches to 36 Inches. for PIN # 17-20-35-200-009-0000 (Part Of), in Peotone Township, Commonly Known as 8209 W. Kennedy Road, Peotone, IL, County Board District #2

Case Number ZC-23-096/ S-23-057, V-23-139, V-23-140

Request(s) 1. Special use permit for a commercial solar energy facility (applies to 36.99 acres). 2. Variance for number of required mowing from five (5) to one (1) time. 3. Variance for maximum ground cover plant height from 13 inches to 36 inches.

Reason for Request To develop the site for a 5 MW commercial solar energy facility.

Common Address 8209 Kennedy Road, Peotone, IL 60468

PIN 17-20-35-200-009-0000 (part of)

County Board District 2

Parcel Size 70.431 acres (special use area applies to western 36.99 acres) Current Zoning/Land Use A-1 Agricultural

Applicant Information Owner: Duane G. Borchardt Revocable Living Trust u/a dated August 27, 2012 (Duane G. Borchardt, 100% interest and trustee) Agent: Alex Mendelson of TPE IL WI158, LLC

Attorney: Kyle Barry of McGuire Woods LLP

Staff Report By/Date of Report Marguerite Kenny October 27, 2023

No comments were received from the agencies notified.

Three (3) objectors to this project were present. Comments were given objecting to the two variances requested. This should not be granted to protect the rights of the community. Will take away from small farms too close to the adjoining landowners.

Applicant added that changes were made since the application indicating that the project will be 1000 feet from the road. The solar farm project has no glare and is very quiet. The Fire Department met with the applicant and the access road will be extended for a turnaround, a new access plan handed in. There will not be negative impacts to the surrounding properties in regard to the property values. Houses are not selling at a lower market rate due to the construction of solar farms.

The Planning and Zoning Commission discussed that an additional condition should be added to this case. A vote of 6-1 to approve additional condition was made.

Condition # 4:

The vegetation shall be a maximum height of 10 inches prior to the winter season. In preparation of winter season, dethatching, if needed, shall occur at time of mowing.

Staff recommended approval of a special use permit for a Commercial Solar Energy Facility with the following three (3) conditions:

1. Upon fourteen (14) days of written notice to the owner of record and/or operator at their last known address, Will County Land Use Department and Will County Sheriff’s Department employees are hereby granted the right of entry in and upon the premises for the purpose of inspecting the premises and uses thereon for compliance with the terms and conditions of this special use permit.

2. The special use shall be transferrable to subsequent property owners.

3. On-site power lines and utility connections must be placed underground except where necessary to connect to existing overhead utility lines.

Staff recommended approval of a variance for the number of required mowing from five (5) to one (1) time.

Staff recommended approval of a variance for maximum ground cover plant height from 13 inches to 36 inches.

The Planning and Zoning Commission voted to approve the special use permit for a Commercial Solar Energy Facility with the four (4) conditions. With a vote of 4-3, approving SUP

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 special use shall be transferrable to subsequent property owners.

3.On-site power lines and utility connections must be placed underground except where necessary to connect to existing overhead utility lines.

4. The vegetation shall be a maximum height of 10 inches prior to the winter season. In preparation of winter season, dethatching, if needed, shall occur at time of mowing.

The Planning and Zoning Commission voted to approve variance for the number of required mowing from five (5) to one (1) time with a vote of 4-3 approving variance.

The Planning and Zoning Commission voted to approve variance for maximum ground cover plant height from 13 inches to 36 inches with a vote of 5-2 approving variance.

Motion to Add Condition # 4 The vegetation shall be a maximum height of 10 inches prior to the winter season. In preparation of winter season, dethatching, if needed, shall occur at time of mowing.

Will County Planning and Zoning Commission approved 6-1.

RESULT: APPROVED [6 TO 1] MOVER: John Kiefner, Vice Chairman SECONDER: Kimberly Mitchell, Commissioner AYES: Mitchell, Stipan, Kiefner, Bettenhausen, Gugala, Warrick NAYS: Carruthers

Motion to Approve Special Use Permit for a Commercial Solar Energy Facility (applies to 36.99 acres) w/ 4 conditions

Will County Planning and Zoning Commission approved 4-3.

RESULT: APPROVED [4 TO 3] MOVER: John Kiefner, Vice Chairman SECONDER: Kimberly Mitchell, Commissioner AYES: Mitchell, Stipan, Kiefner, Gugala NAYS: Carruthers, Bettenhausen, Warrick

Motion to Approve Variance for Number of Required Mowings from five (5) to one (1) time

Will County Planning and Zoning Commission approved 4-3.

RESULT: APPROVED [4 TO 3] MOVER: John Kiefner, Vice Chairman SECONDER: Kimberly Mitchell, Commissioner AYES: Mitchell, Stipan, Kiefner, Gugala NAYS: Carruthers, Bettenhausen, Warrick

Motion to Approve Variance for Maximum Ground Cover Plant Height from 13 inches to 36 inches

Will County Planning and Zoning Commission approved 5-2.

RESULT: APPROVED [5 TO 2] MOVER: John Kiefner, Vice Chairman SECONDER: Kimberly Mitchell, Commissioner AYES: Mitchell, Stipan, Kiefner, Gugala, Warrick NAYS: Carruthers, Bettenhausen

VI. OTHER

1. WILL COUNTY PLANNING AND ZONING COMMISSION NOTICE OF TEMPORARY USE PERMIT PURSUANT TO SECTION 155-10.20 OF THE WILL COUNTY, ILLINOIS ZONING ORDINANCE Adopted and Improved September 9, 1947 as Amended for Temporary Use Permit, TUP-23-003, Chicago Land Trust #FPB-21448, Owner of Record (Olga Botello , 50% and Rogelio Botello, 50% ) Susana Espinoza, Agent, Requesting Temporary Use Permit for Rodeo Events, PIN # 18-13-31-100-024- 0000 in Green Garden Township Commonly Known at 11605 West Pauling, Manhattan, IL

Case Number TUP-23-003

Request(s) 1. Temporary use permit for rodeo events.

Reason for Request To hold a rodeo event on September 23, 2023, and October 28, 2023.

Common Address 11605 W. Pauling Road, Manhattan, Illinois 60442 PIN 18-13-31-100-024-0000

Parcel Size 40-acres

Current Zoning/Land Use A-1/Agricultural

Applicant Information Agent: Susana Espinoza Owner: Rofelio Botello Will County Board District District 3

Staff Report By/Date of Report Brian Radner, AICP August 1, 2023

Adrian Diaz present the staff report as distributed and published.

TUP-23-003 has been hanging around since February or March of this year. They finally made it to a public hearing I think it was September. We continued it two (2) times already. They have not contacted me. The township is against it, the fire district thinks it is a terrible idea. I think we should just remove it from the agenda and dismiss the case.

Chair Stipan: It is also past the requested dates.

Brain Radner: They can always come back and apply for a new permit but it is time to be done with this one (1). It is just talking up space on the agenda. SO that is my recommendation to dismiss the case.

Vice Chair John Kiefner: Do you need a motion Mr. Chairman.

Chair Stipan: Yes please.

Vice Chair John Kiefner: Mr. Chairman motion to remove TUP-23-003 from Will County Land Use Agenda.

Michael Carruthers: Second.

Chair Stipan: Roll call please.

Motion to Remove TUP-23-003 from Will County Land Use Agenda Will County Planning and Zoning Commission approved unanimously, 7-0.

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

2. Will County Planning and Zoning Commission Public Hearing Dates for 2024

2024 Meeting Dates

January 2, 2024, January 16, 2024, February 6, 2024, February 20, 2024, March 5, 2024, March 19, 2024, April 2, 2024, April 16, 2024, May 7, 2024, May 21, 2024, June 4, 2024, June 18, 2024, July 2, 2024, July 16, 2024, August 6, 2024, August 20, 2024, September 3, 2024, September 17, 2024, October 1, 2024, October 15, 2024, November 5, 2024, November 19, 2024, December 3, 2024 and December 17, 2024.

Motion to Approve 2024 PZC Meeting Dates

Will County Planning and Zoning Commission approved unanimously, 7-0.

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

PUBLIC HEARING

3. 23-353 AMENDING SECTION 155-7.30 USE TABLE AND 155-8.10 GENERAL (D) (2) of the Will County Zoning Ordinance Similar and Compatible Special Use Permits

Brain Radner presented report as distributed and published.

Vice Chair John Kiefner: There is one main change here it us underlined, right? Dawn Tomczak: Yes. And / Or.

Matthew Gugala: Motion to open a public hearing.

Michael Carruthers: Second.

Chair Stipan: I have a motion and a second.

John Kiefner: 155-7.3 use table.

Chair Stipan: Please call roll.

Dawn Tomczak called roll.

MC YES

KM NO

JK YES

RB YES

MG YES

KW YES

HS YES

Brian Radner: I will go over the text amendment here. I am not sure if you had an opportunity to look at it in the packet. Colin did prepare this at the direction of the Will County Board and their Land Use Committee. Prior to 2012 zoning code updates the county did have a similar and compatible provision for special use permit available in all the zoning districts. That was removed in 2012 as mentioned there. There has been a recent desire by business owners, landowners, homeowners, property owners to pass specific uses that are not identified by our zoning code in agricultural and other zoning district. The County Board has not been able to come to a conclusion of saying OK lets allow all of these types of business in agricultural or all of these types. So what they did instead was lets revisit the similar and compatible but now we will call it similar OR compatible. So it doesn't have to be similar and compatible it just has to be similar OR compatible. For example one of the business you've seen their special use permit request in here for a chemical shipping business. They just didn't want to grant an I-2 zoning in an agricultural area but they want to have an opportunity for a business like that. I am not saying that one but one like that. That if they want to apply for a special use they can apply for a special use a similar OR compatible in agricultural district without having to re-zone it industrial. So that is the best I can example I can give. Why this text amendment is here.

Use table was displayed.

Here is what the use table would look like. The special use would be available in all of the zoning district except for the open space one there on the far right. Everything else is special use. Here is some examples of permitted uses in zoning districts. For ag over here we have nursery , horticulture, seed sales, stables, community centers, playgrounds, swimming pool, utilities.

With the similar OR compatible there would be some standards in approving them. We look at the types of the activities that will occur in conjunction with the use. The types of equipment and processes to be use, the existence number and frequency of residents, customers, or employees. Parking demands and other facts that may be deemed relevant to determination.

SO the zoning administrator will not be required to concur if it is similar OR compatible that is one way we used to do it in the past. The zoning administrator would have to say that is similar and compatible you can apply for that. Now it would be incumbent on the applicant to make their case to the commission to the board why it is similar OR compatible.

So Public Hearing comments? There is nobody here to give any.

Chair Stipan: I have a question here on number four (4) it says that the decision may be, if the proposed use the zoning administrator is authorized to deny the permit request, if he doesn't find any category that he wants to fit this into. Rather than do that I would like to see it come to this board. The reason being the quickest way to get to the County Board is through this board.

Brain Radner: As like an appeal.

Chair Stipan: To get that changed.

Brain Radner: Ok. We will make a note of that, that is good.

Chair Stipan: I don't know what the rest of the board feels about that. Instead of a denial of a permit request it should automatically got to the PZ commission.

Brian Radner: Any other verbal comments that we can document Vice Chair John Kiefner: I can concur with what you say.

Brain Radner: We started to do this with the last text amendment. In the zoning code it talks about the findings of facts. There is two (2) questions that we need to ask:

#1. Does the proposed zoning ordinance text amendment correct an error or inconsistency in the zoning ordinance or meet the challenge of a changing condition?

You would have to answer yes to this if you agree with that.

The second question: Is the proposed zoning ordinance text amendment consistent with the adopted plans and polices of the county?

Vice Chair John Kiefner: Do you need a motion or just a nod.

Chair Stipan: The first one (1) we can answer the second one (1) you have to be a mind reader.

Brain Radner: Well do you believe that it does?

Chair Stipan: You would have to be a mind reader.

Kimberly Mitchell: They did away with it in 2012 for a reason.

Chair Stipan: County plans change very frequently.

Vice Chair John Kiefner: I would say it meets the challenge of changing conditions. Brain Radner: Should we get a vote?

Chair Stipan: Do you want to start Kim or do you want to be the last? Kimberly Mitchell: Mr. Carruthers votes first.

Dawn Tomczak: Ok yes or no for number one.

MC YES

KM NO

JK YES

RB YES

MG YES

KW YES

HS YES

Brain Rander: Number two can we get a vote on that to, to see if the commission agrees.

Dawn Tomczak: Is the proposed zoning ordinance text amendment consistent with the adopted plans and policies of the county.

MC YES

KM NO

JK YES

RB YES

MG YES

KW YES

HS NO

5-2

Brain Radner: We do need to close the public hearing and then make a recommendation on the amendment as presented or as amended with the comment from Mr. Stipan.

Dawn Tomczak: So we are closing the public hearing. Motion to close?

Kimberly Mitchell: So moved.

Vice Chair John Kiefner: Kiefner seconds.

Chair Stipan: All in favor say aye.

Commission in unison: Aye.

MC YES

KM YES

JK YES

RB YES

MG YES

KW YES

HS YES

Brain Radner: Now we need a second motion on the recommendations on the amendment.

Chair Stipan: I need a clarification. Did anybody agree with my recommendation. Matthew Gugala: Yes.

Chair Stipan: Or do you just want to move it.

Vice Chair John Kiefner: I concurred. Read what is on that item 3.

Chair Stipan: Instead of a denial of permit requests it should automatically go to P & Z commission. Rather than appeal, it should go automatically to P & Z. Then that is the quickest way, in my mind, to get to County. Because it goes from us to Land Use to County and County is going to see that under our recommendations and maybe under Land Use recommendations that they have got to do something about this. They can't leave it hanging out like a dangling participial.

Matthew Gugala: So the motion is...

Dawn Tomczak: Motion is not to appeal rather it goes straight to PZC.

Chair Stipan: If the zoning administrator is unable to determine the appropriate use category for proposed use. Instead of a denial if a permit it should go automatically to P & Z commission.

Vice Chair John Kiefner: Scratch the word denial and insert.

Matthew Gugala: That is the motion. Do you want me to read, go through that. Motion is if the zoning administrator is unable to determine the appropriate use category for proposed use then it should go directly to this board automatically. The decision may be appealed in accordance with 155-16.100.

Kimberly Mitchell: Then we are going to decide which category it goes into?

Chair Stipan: We will make a recommendation then that recommendation will go to the county and the county will have to, they will see that there zoning ordinances don't cover it. They will have to do something. It is a lot quicker than just letting it hang out with denials to people that don't even understand why they were denied. In my mind, if you guys don't like it change it. That is why we are a board.

Matthew Gugala: It makes sense to me.

Vice Chair John Kiefner: So we should probably vote on that text change correct. So Hugh is making the motion for that text change and I will second it. I was told chairman can't make a motion.

Matthew Gugala: I make the motion.

Vice Chair John Kiefner: Ok, you are making the motion.

Matthew Gugala: Yes, I made the motion.

Vice Chair John Kiefner: I'll second it. I think we are good.

Dawn Tomczak: Called roll.

JK YES

MC YES

KM YES

RB YES

MG YES

KW YES

HS YES

7-0

Vice Chair John Kiefner: I will take the next one if you want. So I make a motion to approve amending section 155-73 use table and 155-8.1 general D2 of the Will County Zoning similar and compatible special use permit with the edits as previously approved. That is my motion.

Matthew Gugala: Second.

Chair Stipan: We better take a roll call on that one.

Dawn Tomczak called roll.

MC YES

KM YES

JK YES

RB YES

MG YES

KW YES

HS YES

7-0

Motion to Open Public Hearing

Will County Planning and Zoning Commission approved unanimously, 7-0.

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

Does the proposed zoning ordinance text amendment correct an error or inconsistency in the zoning ordinance or meet the challenge of a changing condition?

Will County Planning and Zoning Commission agreed 6-1.

RESULT: APPROVED [6 TO 1] AYES: Carruthers, Stipan, Kiefner, Bettenhausen, Gugala, Warrick NAYS: Mitchell

Is the proposed zoning ordinance text amendment consistent with the adopted plans and polices of the county?

Will County Planning and Zoning Commission agreed 6-1.

RESULT: APPROVED [5 TO 2] AYES: Carruthers, Kiefner, Bettenhausen, Gugala, Warrick NAYS: Mitchell, Stipan

Motion to Close Public Hearing

Will County Planning and Zoning Commission approved unanimously, 7-0.

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

Motion to Amend: is if the zoning administrator is unable to determine the appropriate use category for proposed use then it should go directly to this board automatically. The decision may be appealed in accordance with 155-16...

Will County Planning and Zoning Commission approved unanimously, 7-0.

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

Motion Approve Amending Section 155-73 use table and 155-8.1 general D2 of the Will County Zoning similar and compatible special use permit with the edits as previously approved.

Will County Planning and Zoning Commission approved unanimously, 7-0.

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

VII. EXECUTIVE SESSION

VIII. ANNOUNCEMENTS

IX. ADJOURNMENT

Motion to Adjourn

Will County Planning and Zoning Commission approved to adjourn

unanimously, 7-0.

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

NEXT MEETING WILL BE HELD ON NOVEMBER 21, 2023

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

https://willcountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=4661&Inline=True