Will County Gazette

Village of Frankfort Plan Commission / Zoning Board of Appeals met May 9. 

Here are the minutes provided by the board:

Call to Order: Chair Schaeffer called the meeting to order at 6:30 PM

Commissioners Present: Nichole Schaeffer (Chair), Brian James, Johnny Morris, Dan Knieriem, Jessica Jakubowski, Will Markunas

Commissioners Absent: David Hogan

Staff Present: Community & Economic Development Director Mike Schwarz, Senior Planner Chris Gruba, Planner Amanda Martinez,

Administrative Assistant Lisa Paulus

Elected Officials Present: Mayor Keith Ogle

A. Approval of the Minutes from April 25th, 2024

Chair Schaeffer asked for questions or comments regarding the minutes. There were none. Motion (#1): To approve the minutes from April 25th, 2024.

Motion by: James Seconded by: Morris

Abstained: Jakubowski, Markunas

Approved: (4-0-2)

Chair Schaeffer asked members of the audience to raise their hands if they intend to provide testimony during any of the public hearings this evening. A number of people raised their hands. Chair Schaeffer then swore in those members of the audience wishing to provide testimony. She asked the members of the audience if this evening’s meeting was the first Plan Commission meeting that they have been to. A number of people raised their hands. Chair Schaeffer explained the Plan Commission’s role and how the meeting is typically conducted.

B. Public Hearing: Abbey Woods North (Ref #108) Public Hearing continued from April 25, 2024 Christopher Gruba presented the staff report.

The applicant, Shawn O’Malley, approached the podium.

Mr. O’Malley stated he would like to add a clarification that they meet or exceed the 15,000 square feet lot requirement. They removed one of the lots to meet the requirement.

Chair Schaeffer asked the public if there were any comments. There were no comments.

Commissioner Markunas asked who is responsible for maintaining the east side of the retaining wall on the east side of the property.

The applicant’s Engineer, Brian Hertz, responded that the difference in grade is 1.5 feet and will be located within the easement. The applicant added that easement is on the resident’s property, so it would be the responsibility of the individual homeowners to mow their yards behind the east retaining walls.

Commissioner Markunas asked if there were still problems with the water on the adjacent property.

The applicants Engineer responded that they did a lot of work with the Village’s engineer Robinson Engineering to make sure that water drains to Hickory Creek in the proper way, thus addressing all of the Village’s engineer comments.

Commissioner Markunas asked if the HOA rules will include a written agreement to maintain the swale along the west side of the property.

The applicant responded yes.

Commissioner James asked if the applicant was okay with paying the cash-in-lieu fee for mitigation of the preservation trees to be removed.

The applicant responded that they are already absorbing all the costs of improving the property to make it developable, so he does not think it is fair to pay cash-in-lieu fee for preservation tree mitigation.

Chris Gruba responded that this topic could be discussed at the Village Board level.

The applicant added that they are putting excess landscaping and making the subdivision look very nice. He would like to discuss this topic with the Village Board.

Commissioner James asked if the stub street Letter of Credit would be mentioned in the annexation agreement. He added that he understands this is a difficult plot of land and adding the stub street makes those adjacent corner lots deficient for lot width.

Chair Shaeffer asked if the commissioners had any concerns about the draft CCR’s. There were no concerns.

Christopher Gruba mentioned that a “no fence” easement was added on both sides of the development beyond the retaining walls on the Preliminary Plat. He asked the applicant if it was his intention to also include the “no fence” easement on the east side of the development, behind Lots 13 & 14. There was some discussion but Shawn O’Malley responded that he would like to not include a “no fence” easement behind Lots 13 & 14, since they are more easily accessible for lawn mowing. The Commission generally agreed with this request. Christopher Gruba noted that this change could be considered a technical revision to the Plat.

Chair Shaeffer asked if there were any questions. There were none. She asked for a motion.

Chair Shaeffer added the stub street Letter of Credit as a condition to Motion #6 of the project.

Motion (#2): To close the public hearing.

Motion by: Jakubowski Seconded by: Morris

Approved: 6-0

Motion (#3): To approve the use of retaining walls that exceed 50’ long, as noted on page 70 of the Design Standards, in accordance with the reviewed plans, public testimony and Findings of Fact.

Motion by: Markunas Seconded by: James

Approved: 6-0

Motion (#4): To recommend the Village Board approve the rezoning request for the parcel (19-09-15-300-019-0000) from E-R to R-2 upon annexation, in accordance with the reviewed plans, public testimony and Findings of Fact.

Motion by: Jakubowski Seconded by: Morris

Approved: 6-0

Motion (#5): To recommend the Village Board approve the Preliminary Plat of Subdivision for Abbey Woods North, in accordance with the reviewed plans and public testimony, subject to any necessary technical revisions, conditioned upon preliminary engineering approval, dedication of right-of-way for St. Francis Road, that the outlots (including detention ponds) and the 15’ wide public utility and drainage easement on the Fleck property be maintained by the Abbey Woods North Homeowners Association and providing staff a copy of the recorded Plat of Easement for the Fleck property.

Motion by: James Seconded by: Jakubowski

Approved: 6-0

Motion (#6): To recommend the Village Board approve an exception to the 2008 Design Standards to permit a cul-de-sac local street that exceeds 750’ long for Waterview Trail, to be included as part of the annexation agreement for Abbey Woods North, in accordance with the reviewed plans and public testimony.

Motion by: Jakubowski Seconded by: Markunas

Approved: 6-0

Motion (#7): To recommend the Village Board approve an exception to the Land Subdivision Regulations (Ord-921) to permit a cul-de-sac street serving 25 units or more that exceeds 500’ long for Waterview Trail, to be included as part of the annexation agreement for Abbey Woods North, in accordance with the reviewed plans and public testimony.

Motion by: James Seconded by: Jakubowski

Approved: 6-0

Motion (#8): To recommend the Village Board approve an exception from the Land Subdivision Regulations (Ord-921) to permit a stub street to the west that does not extend to the boundary line of the development, to be included as part of the annexation agreement for Abbey Woods North, in accordance with the reviewed plans and public testimony.

Motion by: Jakubowski Seconded by: James

Approved: 6-0

Motion (#9): To recommend the Village Board approve a variation request to reduce the minimum corner lot width to 106.8’ instead of 120’ for Lot 8, which may be included as part of the Annexation Agreement for Abbey Woods North, in accordance with the reviewed plans, public testimony and Findings of Fact.

Motion by: Markunas Seconded by: Jakubowski

Approved: 6-0

Motion (#10): To recommend the Village Board approve a variation request to reduce the minimum corner lot width to 106.2’ instead of 120’ for Lot 9, which may be included as part of the Annexation Agreement for Abbey Woods North, in accordance with the reviewed plans, public testimony and Findings of Fact.

Motion by: Markunas Seconded by: Morris

Approved: 6-0

Motion (#11): To recommend the Village Board approve a variation request to reduce the minimum corner lot width to 106.6’ instead of 120’ for Lot 25, which may be included as part of the Annexation Agreement for Abbey Woods North, in accordance with the reviewed plans, public testimony and Findings of Fact.

Motion by: James Seconded by: Jakubowski

Approved: 6-0

Motion (#12): To recommend the Village Board approve a variation request to reduce the minimum lot depth to 123.1’ instead of 150’ for Lot 10, which may be included as part of the Annexation Agreement for Abbey Woods North, in accordance with the reviewed plans, public testimony and Findings of Fact.

Motion by: Morris Seconded by: James

Approved: 6-0

Motion (#13): To recommend the Village Board approve a variation request to reduce the minimum lot depth to 122.5’ instead of 150’ for Lot 14, which may be included as part of the Annexation Agreement for Abbey Woods North, in accordance with the reviewed plans, public testimony and Findings of Fact.

Motion by: Jakubowski Seconded by: Morris

Approved: 6-0

Motion (#14): To recommend the Village Board approve a variation request to reduce the minimum lot depth to 146.4’ instead of 150’ for Lot 15, which may be included as part of the Annexation Agreement for Abbey Woods North, in accordance with the reviewed plans, public testimony and Findings of Fact.

Motion by: James Seconded by: Markunas

Approved: 6-0

Motion (#15): To recommend the Village Board approve a variation request to reduce the minimum lot depth to 146.2’ instead of 150’ for Lot 16, which may be included as part of the Annexation Agreement for Abbey Woods North, in accordance with the reviewed plans, public testimony and Findings of Fact.

Motion by: Morris Seconded by: Jakubowski

Approved: 6-0

C. Public Hearing: 20825 S. La Grange Road – Planet Fitness (Ref #104)

Christopher Gruba presented the staff report.

The applicant, Mason Goodwin, and regional manager, Terry Brennan, approached the podium.

Mr. Brennan stated he was the regional manager overseeing this location. He stated Planet Fitness will be open 24 hours for just 5 of the 7 operating days. The location will be open from 7:00 am Sunday morning until 10:00 pm Friday night. Saturday hours are 7:00 am to 7:00 pm. Then again, Sunday will reopen at 7:00 am.

Chair Schaeffer thanked Mr. Brennan for the update and opened the meeting to initial questions for staff or either applicant.

Commissioner Morris asked if those hours mentioned are franchise hours.

Mr. Brennan replied yes. Over 125 Planet Fitness clubs are open with these same hours. The locations in Illinois and Wisconsin run on the same hours, even locations in Canada.

Commissioner James asked why the applicant chose this location for their business.

Mr. Brennan stated Frankfort is an up-and-coming area, and the location is ideal. They do have a location in New Lenox, but this location would allow them to grow as a company. They’d like to spread into another growing community with a happy and healthy environment.

Commissioner James asked if there were any metrics involved in choosing the location.

Mr. Brennan Stated at least 20 percent of the population of memberships at the New Lenox location were Frankfort addresses on the memberships. They’ve seen a large population at the New Lenox location, and also a lot of traffic from Tinley Park and surrounding areas, and it sounds like Frankfort would be a good location for Planet Fitness.

Commissioner James asked if the property owner was in attendance tonight for the meeting.

The applicant replied no.

Commissioner James asked if the owner had submitted anything.

Christopher Gruba replied they submitted a signed floor plan.

Commissioner Jakubowski asked when their business is the busiest.

The applicant replied 6:00 am to 8:00 am as well as anywhere from 4:00 pm to 8:00 pm, depending on the day, weather, and additional conditions.

Commissioner Markunas asked if Mr. Brennan ran the New Lenox Planet Fitness location as well.

Mr. Brennan replied yes.

Commissioner Markunas asked if he had seen any issues with the parking lot or security issues as a result of the location being open 24 hours a day.

Mr. Brennan replied no.

Commissioner Markunas asked if the police or anything had been ever called. Mr. Brennan replied not that he’d ever seen, no.

Commissioner Markunas asked staff how many other Frankfort businesses were allowed 24 hours a day, 7 days a week operating hours.

Christopher Gruba replied that Anytime Fitness in the Jewel-Osco plaza was open 24 hours a day. The area’s gas stations are not open 24 hours a day.

Commissioner Markunas asked if the applicant was aware of The Sign Code requirements. He advised the applicant to make sure they were within the parameters and clarified with Mr. Brennan.

Commissioner Knieriem asked about the interior walls, and questioned if they would be putting up a wall to split the existing unit in the interior of the space.

The applicant replied yes.

Commissioner Knieriem asked if there was an additional exit available.

The applicant stated there will be an additional exit door on the back side of the Planet Fitness.

Commissioner Knieriem asked if there would be a key card for entry.

The applicant replied yes. The member will scan in and an employee will be at the front desk of the Planet Fitness at all times.

Commissioner Knieriem asked if there were any issues at the Anytime Fitness near Jewel Osco that operates 24 hours a day.

Christopher Gruba stated that staff reached out to the Frankfort Police Department and there has been no news that anything has happened at that location.

Commissioner Knieriem stated he didn’t think that Anytime Fitness was staffed. Christopher Gruba replied that Planet Fitness would be staffed.

Commissioner Jakubowski inquired about the minimum staffing for this location. The applicant replied the minimum staffing would be one person at all times.

Chair Shaeffer asked if the Planet Fitness would have security cameras that would record and be accessible, and if the Frankfort Police and Frankfort Fire Department would be provided with key cards to get in.

Mr. Brennan replied yes, they have surveillance cameras that would be recorded. The Frankfort Police and Frankfort Fire Department would have access to entering Planet Fitness by Knox Box, which is a box that would hold a key to the facility and anything else within Planet Fitness in case of emergency.

Chair Schaeffer asked whether the store frontage of Planet Fitness would remain transparent as far as the glass windows.

The applicant replied that some of their locations, including in Las Vegas, have tinted windows, but this location would have a clear glass storefront.

Chair Schaeffer asked the applicant to please work with staff on signage.

Commissioner James asked about the signage for the location since an existent space was being split.

Christopher Gruba stated wall signage is based on the linear footage of the storefront. All the signs in the plaza are green, but he believes the former Butera sign was Red and the existing Bargain Mania sign is Green. He stated we could cross that bridge at a later point if the applicant requests to deviate from the original signage approval.

Commissioner Schaefer asked staff to see if that would be a PUD.

Commissioner Morris stated that the Village of Frankfort is an up-and-coming town with a community interface. He stated Planet Fitness had some boycotting going on on social media platforms and asked if any of that had been resolved.

Mr. Brennan stated that the gender issue arose in Alaska, and they had received some feedback. However, he stated he had not had any issues nor experienced any issues. He has visited 50 Planet Fitness locations and has never had that be an issue.

Chair Schaeffer opened the hearing to the public for comments.

Resident Ray Bora approached the podium. He stated he lives in the Hunt Club neighborhood right behind the proposed Planet Fitness and had concerns. He stated he didn’t mind the health club. He mentioned Frankfort has 3 fitness clubs in the vicinity, but his main concern is the 24 hour operation. Mr. Bora stated he believed that nothing good happens from midnight to 7:00 in the morning. He stated this area is surrounded by a lot of homes and Planet Fitness will bring in a lot of people to the area that don’t belong. Mr. Bora also added it’s hard to get people to manage the 3rd shift. He stated Planet Fitness is also across the street from the high school, and at 3:00 pm that area gets backed up with traffic congestion, and it’s not a safe situation. Mr. Bora stated he did not want it overrun by people, especially if they don’t live around here. He thanked the Commission for listening to his thoughts and ideas.

Resident Lester Lindley approached the podium. He stated he lives in the Hunt Club neighborhood as well. Mr. Lindley is concerned about the traffic getting from the parking lot onto Colorado Avenue. He noted people from Starbucks are coming out and to that lane, and sometimes they act like they have the right of way. Theres a short light there, the left turn lane is always congested, and he didn’t want any car accidents. Mr. Lindley also stated coming out of the driveway, there is a stop sign that is usually obscured by bush this time of year. He stated the stop sign cannot be seen from further back and suggested it would be great if there could be a big stop sign and even flashing red lights to let traffic know they don’t have the right of way getting onto Colorado Avenue. Also, there’s several fitness centers in the area. He also had the following questions: Why have a fob so they can get there anytime they want? Why the clientele they’re looking for from 11:00 pm at night to 7:00 am? Why would you appeal to someone who already has access to another place? Will there be an age minimum to become a member? Mr. Lindley was also concerned with staffing. He asked if there would be any food served at the Planet Fitness or loud music playing that would be able to be heard outside.

Chair Shaeffer stated the applicant confirmed there would be no loud music, and there will be background music inside the club, and the Commission could address the food and music question.

Resident Beth Tomczak approached the podium. She stated she has been a resident for 20 years, and she has been involved in the fitness industry for over 40 years in 3 different states and has seen the fitness industry change. She stated when you want to bring value to community, think about a service that you pay less for now than you did 20-30 years ago. A membership to a fitness facility used to be a couple hundred dollars a month. We have 16 health clubs in the Frankfort area, and $40 if you get your best rate. $10 a month is sales driven not service driven. Service is secondary, but they get people in to get the bills paid. In her experiences, the lower the price point, the increase in the problems, theft, and fights. She stated offering a membership for such a small price has benefits, but you pay for it in other areas. She stated she has witnessed police coming in and out of gyms looking for people, when the gym upped their price, they had a decrease in police calls. She stated gym memberships aren’t taxable as far as she was aware, and she would love to see something else there. She stated she wanted to see a Trader Joes in Frankfort. A lot of these gyms also are small businesses that have been struggling since Covid, a lot of them were employing our residents.

Resident Tom Thagos approached the podium. He stated he lives in the Hunt Club neighborhood. He stated he was excited for Planet Fitness, regarding that property which he believes is borderline obsolete. However, he stated that he does believe the 24-hour operation is a bad idea. He stated there already is a facility on 159th Street that someone looking for a gym could use late in the night. He believed a health club being open 24 hours a day contributes to a rise in crime. He stated that a kid that’s paid minimum wage working will not deter crime from the parking lot and Frankfort Police providing information would help. He was concerned the 24-hour business hours would become a pattern for other businesses and may not be good for the community or residents.

Chair Schaeffer motioned to close the public hearing.

Motion (#16): To close the public hearing.

Motion by: Jakubowksi Seconded by: Morris

Approved: 6-0

Chair Schaeffer asked the applicant to approach the podium.

Chair Schaeffer addressed the recreation aspect of the business and asked what would be included.

Mason Goodwin stated the Planet Fitness was unsure of what the recreation aspect would be, and that the facility was for working out, as in health and fitness. He stated the business has fitness equipment. Some locations have massage chairs, deep tissue massage chairs, and tanning beds, but applicant was unsure if this location would have those amenities and it would be determined at a later date. There may possibly be classes.

Chair Schaeffer asked the minimum age to participate at Planet Fitness.

Terry Brennan stated a member aged 13 or 14 has be with adult at all times. A 15-year-old member is allowed a membership as long as parent or guardian has signed off on it, and at age 18 or older a member can have membership or come on own. No minor is allowed to bring a guest.

Chair Schaeffer questioned Planet Fitness’ staffing process. She inquired about the process for selecting those manning the door, and for wee hours are you taking that into consideration for seasoned employes instead of young folks.

Terry Brennan stated there is a 3-step interview process with an assistant manager and a club manager. After that, the applicant would interview with Mr. Brennan. When the overnight position is staffed, one of the first things Mr. Brennan looks for is security background. Leadership positions, that stuff is taken into account. Mr. Brennan stated he has had good experiences with the people he has hired for that position. He stated Planet Fitness does not perform background checks for their employees.

Chair Schaeffer asked the applicant to explain the need for overnight hours.

Mr. Brennan stated there are 3 shifts to everyone’s workday. Being open 24 hours broadens their horizons to people. He stated people working different shifts can still come in and get a healthy lifestyle.

Commissioner Markunas asked what type of food or drink Planet Fitness would offer.

Mr. Brennan replied they do not sell any kind of food, and the site would have a vending machine that would sell water, Gatorade, and Muscle Milk.

Commissioner Markunas asked the applicant to explain the music Planet Fitness would be using and the volume used.

Mr. Brennan stated the music was background music. Gym members that wore headphones would not be able to hear the music. The music is used so people aren’t working out in silence. He added the treadmills can tune into the tv with headphones. The volume is minimal.

Commissioner Jakubowski mentioned Planet Fitness’ crowd meter online showed very minimal attendance from 10:00pm to 3:00am.

Mr. Brennan stated the minimal attendance during those hours was accurate. He estimated 20 to 30 members on average throughout the overnight hours would use the Planet Fitness.

Commissioner Morris stated when establishing a new business in community, there’s’ specific data. He asked if Planet Fitness had any specific data that related to coming to Frankfort. He asked the applicant if the company talked to their customers to help figure out the scheduled operating hours.

Mr. Brennan stated the hours are franchise hours. Planet Fitness has a real estate team that picks out locations and finds spots that would be beneficial for Planet Fitness to get into.

Commissioner Morris asked if that was driven by finances.

Mr. Brennan stated it was driven by traffic monitoring and things of that nature.

Chair Schaeffer asked if the franchise hours were set in stone, or if Planet Fitness can deviate from the 24 hours.

Mr. Brennan stated they could potentially deviate from the 24 hours.

Commissioner Morris asked if there were any deviations from the 24 hours at any of the 125 Planet Fitness locations.

Mr. Brennan replied no, not that he was aware of.

Commissioner James stated with the average of 2 to 3 people an hour overnight, it would be far less traffic than a grocery store. He’d like to describe the plow of people coming in and out of the building. He asked about the average length of work out.

Mr. Brennan stated the average length of a workout at Planet Fitness is approximately an hour.

Chair Schaeffer asked Staff if the Village or the property owner of the plaza could look at the bush blocking the view of the stop sign by the Starbucks near Colorado Avenue that Mr. Lindley had mentioned.

Christopher Gruba stated for Public Works it could be a condition of approval that the stop sign should be more visible.

Chair Shaeffer stated for lights or flashing lights around the stop sign would be a new concept for the Village and was unsure of this approach.

Christopher Gruba stated there is a sign code for flashing lights and that he could research this topic.

Chair Schaeffer suggested the Village could look into that specific stop sign at this location for public health and safety since it is congested in that area, and drivers do tend to fly out of that area. She stated she is aware the stop sign - it’s on private property but if staff could look into that it would be helpful.

Chair Schaeffer explained for members who have never been to a Commission meeting before, it’s up to the business owners and property owners for who decides to put up a lease or set up shop. The Commission’s job is to review the requests. She stated a Trader Joes would be lovely but the Commission has no control over that.

Commissioner James stated that large tenant spaces are hard to fill, so dividing it up this space would make it easier to lease the remaining portion of the existing Bargain Mania space. Looking at this in totality it could open the doors for other things.

Mike Schwarz stated any potential conditions should have direct correlation to the requested Special Use Permit. The Commission may certainly add conditions, but these must have what are referred to as a “rational nexus” to mitigate something like sound, security, etc.

Seeing that a member of the audience desired to ask an additional question, Chair Schaeffer asked the other Commissioners if they would like to reopen the public hearing. There was consensus to do so. Chair Schaeffer asked for a motion to reopen the public hearing.

Motion (#17): To re-open the public hearing.

Motion by: Markunas Seconded by: Jakubowski

Approved: 6-0

Mr. Lindley approached the podium. He requested clarification that Planet Fitness would be imposing a certain requirement from the franchise. He expressed concern that the franchise will dictate to the Board and the Village as of what to do. He stated he would not like to live in a town, no matter how up and coming it is, if franchises dictated rules to us.

Chair Schaeffer stated the applicants were open to discussion.

Beth Tomczak approached the podium and stated she thought the Commission was zoning the site for a specific use.

Chair Schaeffer stated this is a Special Use request to have a fitness facility in the B-2 zone district. Fitness is considered indoor recreation so that is the request. Anytime Fitness had to do the same process. In B-2 zoning, there is an array of allowed uses that are allowed by right. When a business that comes in that isn’t permitted by right, they come in to request that right.

Chair Schaeffer asked the applicant to provide Frankfort Police with key cards. She recommended installing a Knox Box and to not block the transparent windows.

Chair Schaeffer asked for a motion to re-close the public hearing.

Motion (#18): To re-close the public hearing.

Motion by: Jakubowski Seconded by: Morris

Approved: 6-0

Commissioner Jakubowski asked if Anytime Fitness has always been 24 hours a day, 7 days a week operation.

Christopher Gruba replied yes.

Commissioner Schaeffer added Anytime Fitness has been at the location for 10 to 11 years. She asked the Commission if the use of Planet Fitness at the proposed location seemed appropriate.

Commissioner Knieriem replied yes, it fits with the additional uses in the plaza. Commissioner Markunas added that it may spur more businesses, so the use is good. Commissioner James replied he believes it is consistent and appropriate.

Chair Schaeffer, Commissioner Jakubowski, and Commissioner Morris agreed.

Chair Schaeffer asked the Commission if there were concerns for the proposed hours of operation.

Commissioner Morris mentioned he did not see the data to be able to support the proposed 24 hours a day 7 days a week.

Commissioner James stated the hours were not an issue for him because there is another competitor with the same hours.

Commissioner Markunas stated he does not feel there is a need for overnight hours. Commissioner Knieriem stated he does not have an issue with the hours.

Chair Schaeffer mentioned that she concurs with the proposed hours since there is already a precedent with Anytime Fitness.

Mike Schwarz stated that it was important for the Commission but especially the applicant to be aware that if the Commission does recommend to adjust the allowable hours to match the applicant testimony this evening based on several days per week being less than 24 hours, and if the Special Use Permit request is ultimately approved by the Village Board, if there is any deviation from the approved hours, , even for just 30 minutes, the applicant would have to come back through the Special Use Permit process and appear before this Commission in the future. The motion should be clear. The submitted application requests 24 hours per day, 7 days per week, but the applicant stated on record this evening that they would be open less than 24 hours on some days

Chair Schaeffer asked if Planet Fitness can operate less than 24 hours. Mike Schwarz stated the applicant would have to come back to any such condition.

Chair Schaeffer confirmed with the applicant they understood they’d have to petition to change hours again if the Commission adjusts the hours to those that were stated during their testimony.

Commissioner Markunas asked if we simply change the verbiage in the request. Michael Schwarz replied yes.

Commissioner Markunas asked the applicant to approach the podium. He asked the applicant if they fully understood what was being discussed. He repeated what Mr. Schwarz stated that the verbiage could be modified by the Commission to the hours that were stated during the applicant testimony. He stated if the applicant wanted to increase the hours later, they would have to come back for an additional Special Use Permit to amend the limited hours. He asked the applicants if they would like to continue with requesting the 24 hour verbiage per the submitted application.

The applicant stated they wanted to keep the 24-hour verbiage.

Commissioner Markunas stated it may help the applicant’s cause to use to limit their hours per their testimony.

The applicant stated they still wanted to stay with the 24-hour verbiage.

Chair Schaeffer stated the floorplan is fine, there is a bathroom facility, there will be no loud music outside or outside, there only will be ambient music. Parking is self explanatory. There is no shortage of parking in the shopping center.

Motion (#19): To approve an adjustment to the minimum number of required parking spaces from 103 parking spaces to zero spaces, to allow the existing 501 parking spaces on the property to serve the proposed fitness facility and the existing businesses in this shopping plaza.

Motion by: Markunas Seconded by: James

Approved: 6-0

Motion (#20): Recommend the Village Board approve a Special Use Permit for indoor recreation (Planet Fitness) at 20825 S. La Grange Road, in accordance with the reviewed plans, public testimony, and Findings of Fact, conditioned upon final approval from the Building Department and that the rear egress door shall remain closed at all times to avoid the emission of sound beyond the tenant space.

Motion by: Jakubowski Seconded by: Markunas

Approved: 6-0

Motion (#20): Recommend the Village Board approve a Special Use Permit for extended hours of operation, for a 24-hour/day operation at 20825 S. La Grange Road, in accordance with the reviewed plans, public testimony, and Findings of Fact, conditioned upon final approval from the Building Department and that the rear egress door shall remain closed at all times to avoid the emission of sound beyond the tenant space.

Motion by: James Seconded by: Knieriem

Approved: 4-2

(Voting no: Markunas, Morris

Commissioner Markunas stated he voted no because it’s centered around security and bringing people not from our area into our area at that time of day.

Commissioner Morris agreed, and stated he voted no because he felt the same way and would need more data.

Chair Schaeffer stated this application will move on to the Village Board for consideration.

Christopher Gruba stated it will likely be June 3, 2024 because this evening’s minutes will have to be approved.

Chair Schaeffer suggested that the applicants stay in contact with Mr. Gruba. D. Public Hearing: 19977 S. La Grange Road – Crepology Inc. (Ref #106)

Amanda Martinez presented a summary of the staff report.

The applicant, Ahmed Ibrahim, approached the podium and provided background on the proposed business.

Commissioner Knieriem asked if the business has other existing locations. The applicant responded that this is the first Crepology location.

Commissioner Knieriem asked if the applicant had any other restaurant businesses.

The applicant responded that his family owned and operated two Mediterranean restaurants.

There was some discussion on how the applicant’s business model was curated.

The applicant added that the business plans to serve mostly desserts because the theatre is next door.

Commissioner Markunas asked if the applicant will be seeking liquor sales. The applicant responded no.

Chair Schaeffer welcomed the businessto the community. She asked if anyone in the public had comments. Hearing no comments, she asked for a motion.

Motion (#22): To close the public hearing.

Motion by: Jakubowski Seconded by: James

Approved: 6-0

Motion (#23): Approve an adjustment to the minimum number of required parking spaces to allow the existing 558 parking spaces in the subject plaza to serve the existing businesses and the proposed carry-out restaurant.

Motion by: James Seconded by: Markunas

Approved: 6-0

Motion (#24): Recommend the Village Board approve a Special Use Permit for a Carry-Out Restaurant in the B-3 Community Business District for the property located at 19977 S. La Grange Rd., Frankfort, Illinois 60423 (PIN: 19-09-15-101-006-0000), in accordance with the submitted plans, public testimony, and Findings of Fact.

Motion by: Markunas Seconded by: Morris

Approved: 6-0

E. Workshop: 890 Glennbarr Lane – Vandenberg Construction, LLC

Amanda Martinez presented a summary of the staff report.

The applicant, Trace Vandenberg, approached the podium.

Chair Schaeffer opened the workshop up for initial questions. There were none.

Chair Schaeffer stated the biggest discussion tonight will be the size of the proposed home on the existing size of the lot. It is her opinion that the proposed house is oversized for the lot. The options would be to encroach into the required rear yard setback or size down the house. She stated the lot is under the required 40,000 square foot lot size that the E-R District requires.

Trace Vandenberg stated the house size was under the Village direction to meet the requirements. It’s a unique lot, and they’re trying to fit a 3,000 square foot house on the lot.

Chair Schaeffer stated she would have concerns with where the house would sit on the lot with regards to the way the houses are orientated next to it. The houses surrounding it are older, but the scale is smaller.

Chair Schaeffer opened the meeting for comments.

Commissioner Knieriem asked if there was anything developed on this lot.

Amanda Martinez stated in 1995 the lot was still sitting vacant, and showed the Commission aerial photographs. She is assuming perhaps it is because of the gas pipeline that runs through the property.

Chair Schaeffer asked how long Mr. Vandenberg has owned the property. The applicant stated that he purchased the property last year.

Ms. Martinez stated the applicant and staff wanted a workshop prior to a public hearing so the staff could guide the applicant, so it is more digestible with the surrounding homes.

Commissioner Markunas asked about the original proposed home of 2,700 square feet, if there were any variations needed on that home design.

Ms. Martinez replied only with the square footage and the rest of the variations are for the existing non-conforming lot size, width, and area.

Commissioner Markunas stated when you have a blank slate, it can be difficult for him to get around variations. He agreed it is a very challenging lot. He stated the more sprawl you have, especially in the Prestwick neighborhood, you start getting very close to other properties. He suggested having one variation to have a smaller home that does not encroach into the required rear yard.

Commissioner Knieriem suggested the applicant speak with the neighbors. He believes their opinion matters. Something in writing from the neighbors could go a long way.

Commissioner Markunas agreed and stated once the applicant comes to a final reconciliation of what he’d like to do, it would help coming back to the Commission with approval of neighbors.

Commissioner Jakubowski agreed with Commissioner Markunas. She stated she moved to the Prestwick neighborhood because of the space. She noted the space between the lots is pleasant. She agreed approval from the neighbors would be good. She stated building a new home in that area may help with the values of homes in the area.

Trace Vandenberg stated that is what he was originally trying to do. He was not trying to get where they are now.

Commissioner James stated he liked the smaller home over a setback variance. He liked the mid-century modern architecture of the home.

Chair Schaeffer asked if the applicant was building the home for himself of a buyer.

Trace Vandenberg replied that he was building the home for a buyer. He added that the home will be constructed using full dimensional masonry.

Chair Schaeffer asked if the buyer would understand if there were ever a problem, the gas pipeline easement is there on the lot and part of the proposed driveway may need to be dug up.

The applicant stated just the driveway of the home will be on the gas line easement. Commissioner Jakubowski asked if they had any discussions with the HOA of Prestwick.

Trace Vandenberg stated the HOA sent him in the direction of the Village. He stated it sounded like the Village didn’t want it to be under the requirements of the 3,000 square foot ranch. It sounds like it’s encroaching, so the applicant is not sure of which direction to go.

Chair Schaeffer stated it sounds like a hardship of the land, maybe they can go back to the HOA.

Michael Schwarz stated HOA requirements cannot be less restrictive than Village ordinance requirements; but they can be more restrictive.

Commissioner Markunas suggested the applicant show his plans to the neighbors and see if he can get backing from the neighbors.

Trace Vandenberg asked if the Commission wanted him to go back to the HOA before coming back to the Commission, and what was the square footage the Commission was looking for.

Chair Schaeffer stated she thinks he has a smaller house to meet the setback requirements, and whatever that was will meet the number. She recommended getting HOA approval and talking to the neighbors before coming back.

Trace Vandenberg asked what if the HOA or neighbors didn’t like the idea.

Chair Schaeffer stated if the HOA says no, come back to the Commission asking for a variation, but that the Commission was suggesting that the applicant begin as a blank slate.

Amanda Martinez stated the one tree to be removed on the lot is a Hackberry tree, but it is in poor condition. Cash in lieu of or a new tree that is the same caliper size would suffice to mitigate the proposed tree removal.

Commissioner Markunas stated he knew the neighbors of this property and asked the applicant about the story behind the trees that were previously removed from the lot.

The applicant acknowledged that some trees were removed without permission of the Village and that they were fined.

Chair Schaeffer asked the applicant if he was amenable to the necessary tree mitigation. Trace Vandenberg stated that he agreed.

Commissioner Markunas asked staff if preliminary engineering has looked at these plans and suggested the Commission look at the standing water on the property. There is a lot of standing water. He stated there is no culvert, there’s the gas pipeline easement there.

Chair Schaeffer asked if there was any more direction for the applicant.

Commissioner Knieriem stated no one wants to buy a house that runs a sump pump 24-7 and advised the applicant to have an engineering firm advise the applicant on water.

Amanda Martinez stated the building department does request review from the Village Engineer as needed when receiving new construction permit applications.

Commissioner Knieriem stated sometimes if there’s a drainage structure to look into, tying in the gutters, sump pumps, it’sreally important for a low property to not make the situation worse.

Commissioner Schaeffer stated if there are no storm structures, the applicant may have to think about the grading of the site.

From the audience, the applicant’s father stated that engineering plans have to be submitted to the Building Department.

Chair Schaeffer stated the Commission was trying to help the best they can. She asked the other Commissioners if they had any other direction to provide applicant. There was no response. She stated she would like to suggest speaking to the neighbors to get the approval and the HOA as well and shrinking the size of the house to fit within the required building setbacks.

Trace Vandenberg asked what if there is not an HOA approval letter.

Amanda Martinez suggested that an HOA approval letter would be helpful for the Commission and that the applicant can come without the letter, but that would not be helpful.

Commissioner Markunas stated even if the applicant doesn’t have the HOA letter, they still have the neighbors that do have concerns, it still carries weight. He asked the applicant to stake out the corners of the proposed house, which would be helpful for the neighbors.

Chair Schaeffer asked the applicant to please keep working with Ms. Martinez, she can help with anything.

Chair Schaeffer opened the workshop to public comment.

Dr. Antoine Lewis, a neighbor directly behind house, approached the podium. He stated the Commission mentioned the issue of neighbors and carries weight, but it would be hard for the applicant to make a good impression when he had already made a bad one. Dr. Lewis stated he saw someone just come in and cut the Hackberry trees right down. He had heard through the grapevine the applicant didn’t have the correct permits. Secondly, Dr. Lewis stated he looked out at the area, and he just saw fences everywhere. He stated the applicant can’t have fences there, and this isn’t goodwill. He stated it appeared as if the applicant looked like he didn’t care and the applicant was going to do what he was going to do. Dr. Lewis stated he was here to let the Commission know how the residents are currently feeling. Dr. Lewis asked why the request was bought in the first place, and offered to give context. He stated the older gentleman who was the original owner wouldn’t sell the lot, and later his kids sold the lot to the applicant. Over the years Dr. Lewis has noticed,

like Commissioner Markunas, the flooding at the lot is actually quite an extreme issue. Dr. Lewis stated he does have a sump pump issue as well as hydrostatic pressure issues there. He stated it would be nice to know what would be done with flooding, but the residents have heard nothing. He stated he is pleased to hear the required rear yard setback has not been reduced. He stated you buy in Prestwick Frankfort for the space. He stated the applicant is a builder, and that’s a tricky lot. He said he would like to see the data as to why it adds value. The house should not encroach on the neighbors. He has a deep concern for how it’s being done, riding roughshod over the neighbors.

Nicole Underwood, a neighbor adjacent to the lot, east of the lot, approached the podium. She stated there’s going to be 4 residents that are greatly impacted by this home, especially when talking about the building setbacks. She stated for her understanding it’s a spec home, to be put on the market and sold. She stated she wanted to reiterate the applicant saw her and the neighbors out there. She states she would mow the lot the applicant now owns and she was in turn allowed a garden on the lot. She stated there was then green fencing and within a week someone was there cutting down the tree, thankfully someone called the Village and they stopped and got fined. The logs just sat, as debris for months, which was unsettling. Ms. Underwood stated there were plenty of opportunities for the applicant to approach us. She stated she thinks the applicant wants to build a home and sell it off and that’s it. She stated she was very happy they have an active HOA. She stated she would like additional info on gas pipeline. The tree cutting set the tone of the whole thing. Chair Schaeffer stated NICOR would likely have to be contacted directly.

Commissioner Knieriem asked if the HOA had been notified. He suggested getting the HOA together to voice concerns and they can email them to staff as well and we can address them before making a decision.

Ryan Cassler, a neighbor adjacent lot to the southeast, approached the podium. He stated the biggest thing is trying to get the house smaller, the setback would be a big deal for the Lewis family. The trees cut without a permit was unfortunate, and the applicant didn’t call 411 for the fence installation which he understands narrowly missed the gas pipeline. He requested that the applicant please make sure the house stakeout is done properly, as a safety issue. He believes Adam from Village does have emails related to the safety concerns.

Amanda Martinez confirmed that is correct.

Mr. Cassler said he has a 2,800 square foot ranch, and a 2,700 square foot home would fit more proportionately. He asked if the pipeline easement is considered a hardship.

Chair Shaeffer stated she believes the utility would be a hardship, that it’s kind of at your own risk, if it’s under your driveway it’s up to you to replace the driveway.

Commissioner Knieriem suggested the applicant speak with the HOA that downsizing would fit in with the other homes, such as Mr. Cassler’s home.

Chair Schaeffer said back when the lot was originally platted it was considered Estate Residential zoning and it’s not what the updated Zoning Ordinance currently allows in terms of minimum area.

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