Planning and Zoning Commission - Regular Meeting

Good evening, ladies and gentlemen. This is the Will County Planning and Zoning Board Commission regular meeting for November 18th or pardon me for December 15 16th. Wow. Really batting out. Um I'm calling the meeting to order and ask everybody to rise for the pledge of allegiance. Roger, would you please lead us in the pledge? I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

May I have a roll call, please? Here. Here. here. Warn

only four of us here tonight. Of the seven commissioners that are supposed to be here, there's only six currently commissioned that are serving. We we're minus one commissioner anyway. Uh, so anyone who does not want to have their case heard tonight because it takes all four votes to pass. Anybody who does not want to have their case tonight, come up the front and talk to the ladies and they will reschedu you for a different date. Uh, otherwise if you want to come forward with your case, we will go ahead and proceed as normal. I'm going to ask everybody and swear everybody in. Anybody who's speaking tonight, please raise your right hand. I swear to tell the truth, the whole truth, and nothing but the truth. So help me, God. I do. I didn't hear all the ideas, but I hope you said it.

It's implied. Okay. Um, and anyone who has a cell phone, please turn it down, put it in airplane mode, or turn it off. Thank you. I think Miss Kenny has a question. Yes, ma'am. I just have a recommendation with the first two cases since they were postponed to this meeting due to um not having quorum a couple meetings ago if we can just postpone them to see if we actually get a commissioner. So, we do get quum tonight. I was going to ask to alter the agenda and have the cases later just in case Miss Mitchell walks in late.

Yes. So, that's my recommendation. and then at the end if we still are short we can postpone them at that. Okay. So, we're going to start with case number three tonight. Sounds good. All right. I think need a motion. Um before we do that, I'd like uh everybody I presume has read the minutes. I'd like you somebody to make a motion to approve the minutes. So moved. Second. We have a motion and a second. All in favor signify by saying I. I. Any oppose? Same sign. Okay. The minutes are out of the way. Do you need a motion to amend the agenda?

No, I don't think so. Not just to move cases around.

I guess I'll clarify just in case anybody's confused. Since I have a business interest with the first two cases, I have to abstain, which would mean there's only three commissioners. So, there's no way the case would pass. Plus, it also means I believe legally there is no longer quorums for them cases to be heard. So hopefully another commissioner is on the way and they can be heard and not delayed again. I'm sorry. Our first case tonight will be ZC-25-116 and V-25-159. uh takes place in New Lennox Township and Margarite Kennedy will be our presenter. Good evening. So, zoning KCC25116 takes place in New Lennox Township. The address is 1237 Green Street and the applicant is Cameron Sime I do apologize for mispronouncing it Simeonius. Um the applicant is seeking to construct a detached garage for personal storage and a hobby workshop. And as the size of the proposed structure exceeds what is permitted in the zoning district, the applicant is requesting a variance to account for all the additional accessory building area on the property. So, I have the aerial on the screen right now. Um, the property, you can see, is improved with a single family residence and attached garage. It is on the western side of Green Street, midway between West Francis Road and Sycamore Street. And new, the village of New Lennox is located on the northern side of West Francis Road. Um, the property is about 32,584

square ft and has 109 ft of frontage. The property lies within the new Lennox facility planning area and the Hickory Creek um wershed. There are no flood planes or wetlands on the property. And this area is typically residential. Francis Road um sees the heaviest amount of traffic in this area. And with the aerial, you can see there, like I mentioned, there's a single family residence. The attached garage measures 484 square ft. The round gazebo um in the south west corner of the property measures 113 square feet and then the garden shed um which is on the northern property line is 123 square ft. The garden shed will be relocated on the property to allow for the detached uh garage to be added. So you can see the zoning on the screen. The property is zoned R3. R3 is also to the north, south, and west of the property. And directly across the street on the eastern side of Green Street is R2. Um R2 is just the slightly bigger residential zoning district. So the site plan is shown on the screen. The applicant has submitted a building permit to construct a 40x 60 foot pole building with a 12-oot leanto and that's outlined in blue on the screen. Um the proposed pole barn would be 3,328 square f feet in total and that includes the lean 2 area. The R3 district limits accessory building area to 1500 square ft. So with the proposed pole barn as well as the attached garage, the shed and the gazebo all outlined in yellow. Um the total accessory building area would be 4,049 square ft. So, just the next couple slides will show some photos of the subject

property. This is looking northwest. This is looking west towards the rear of the property, you can see um the shed that will be relocated. And then behind the shed is where the proposed detached garage would be. Um, looking southwest at the neighboring property, looking north along Green Street. Looking northeast across Green Street, looking south. So, the criteria by which variances are evaluated upon are on the screen. An in-depth analysis um is provided in the staff report. But based on the first criterion points, um staff finds that the plight of the owner is not due to unique circumstances. The owner intends to construct a large pole building on site for personal storage and it exceeds the permitted accessory building area limit for the R3 district. Um the property already has an attached garage, a shed, and gazebo that could account for accessory building area. Staff finds that if the variance is granted, it would likely not alter the essential character of the area. Um, there's other properties within this neighborhood that have large pole buildings or exceed the permitted accessory building area. And on the eastern side of Green Street, the R2 district allows for up to 1,800 square ft by right. So, there is a discrepancy between 1500,800 already. Um, the neighboring property to the west, which is 1238 Gordon Street, shows about 3,776 ft of accessory building area on the property based on GIS measurements. So what they are requesting is within um what's existing in the neighborhood based on the criterion. Point number two, uh the request is based upon a convenience request rather than a physical condition of the property. Staff finds this is a common request and this commission has heard many accessory

building area variances over um the last year. Staff finds that the purpose of the variance is to allow the applicant to use a structure for personal enjoyment of the property. Staff finds that the hardship is created by the applicant and in our professional opinion that the granting of the variance would not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood. Um the pole barn is going to be used for personal storage. It is not going to be for business and it would be also keeping some of the items that you see in aerials that are kept outdoors inside. Um thereby keeping the property in a more upkept appearance. Staff also finds that the proposed variance would not impair adequate supply of air to adjacent properties or substantially increase the danger of fire. Again, the building would be required to meet the county's building code requirements as well as um all the setbacks for the R3 district. Whoops. So, staff is recommending denial of the variance um of the agencies notified. No one objected. And I'm happy to answer any questions. you say that there are quite a few other buildings that exceed the

there's a couple um to feel comfortable where okay appro if you were to recommend approval it wouldn't you know completely offset the character of the area um the gazebo is kind of the oddity where it is a covered structure but we do count it as accessory building area but it's really not going going to be used for like personal storage. It's more outdoor seating just with a roof.

Okay. Any other questions? Thank you very much. Uh are there any objectors or concerned citizens to this case here tonight? There are no objectors or concerned citizens. Okay. Is the uh owner uh Mr. Amen. Is he here tonight? Okay. Uh there's no objectors or concerns. Citizens, would you care to come up and make a statement or would you uh Yeah, you you're welcome to come up to the podium, please, sir.

Simentis, is that how it uh Susan? Okay. Yeah, close.

All right. Uh good afternoon everybody. Thank you for allowing me the opportunity to speak today. I'm Cameron Simeis. Uh I've been a proud long-term resident of Will County for most of my life. I grew up in Frankfurt and purchased my first home which where I currently live in New Lennox in 2016. Uh I'm here to respectfully ask for your approval of the variance for max accessory structure from 1500 ft² to 4,049 to construct a pole barn for personal storage and a workshop at my residence. Uh the barn is not intended for any commercial business use. It will be located at the rear of my property with proper setbacks and will be fully compliant with applicable fire building and safety codes. The impact of the structure will not increase any traffic to the area. It will not increase any noise and will not affect drainage or runoff. It is a simple, well planned accessory structure meant to store personal equipment and materials that are currently exposed or stored inefficiently. I've also made a strong effort to engage my neighbors directly regarding this project. I've obtained a signed petition from all six adjacent neighbors, all of whom are in support of this project with no objections. They understand the purpose of the barn, its location, and its appearance, and they do believe, as I do, that it will improve the overall appearance and value of surrounding properties and not detract from them. This request represents reasonable and appropriate use of my property, consistent with how similar properties are used throughout my neighborhood. I've invested in this home for nearly a decade, and this barn is part of my long-term plan to responsibly maintain and improve my property. The large outbuildings throughout my neighborhood are the main reason I purchased my home here. with plans to one day build my dream barn. Finally, after years of saving and careful planning, I'm ready to turn this dream into a reality. However, I won't be able to retreat achieve this goal at my home without the board's approval of this project. I respect the county's processes and regulations, and I'm fully willing to work with the board if minor

adjustments are needed to the plans. This barn is a small but meaningful step that allows us to responsibly improve and maintain our long-term home and reflects our commitment at being good neighbors and supportive members of the Will County community. I am respectfully asking the board to consider all evidence provided and grant approval for this project. I also have here several copies of uh the signed petition from uh all my abuing neighbors if you guys would like to take a look at that. Okay. One copy will have to be given to staff.

Thank you for your opportunity to hear my case today. You all your you all your neighbors big Christmas is not long ago we turned down a case in the same subdivision about the same magnitude as yours because if the neighbors don't like something that big going in Yeah. Yeah, I would be inclined to vote against you, especially given staff's recommendation for denial, but I think you're in better shape since you don't have any neighbors complaining here. Okay. Okay. Thank you very much for your testimony and we're going to go ahead and take a vote,

Mr. Chairman. ZC2-116 variance 25-15 new 159 approval of variance for maximum accessory building area from 1500 ft to 4,049 square ft. Second I have a motion and a second. May I have a roll call, please? Yes. Yes. Yes.

All right. too fast us. Our next case tonight, get this right, will be ZC-25-121s-25-048. And Margarite Kenny will also be presenting this case. I do not see the applicant here yet. So, I would recommend um moving to item number five.

Everything could be an interesting night. Okay. Item number five, ZC-25-113S-25-045 V-25-153 V-25-154 V-25-155 and V-25156 and finally V-25157. seven. This is all in Juliet and uh this is Presto is not here tonight. So

really for this one as well. If they did show up in the next five minutes, they would probably hand you the check and we could hear it. So, but we don't have any other cases to skip to except the vex. Huh.

If they did show up, we could always resend the right, Mr. Chairman. ZC25-113 and all the assorted uh special uses and variances. I make a motion to table this table to the 20th. Second. We have a motion, a second. Have a roll call, please. Call John. Yes. Yes.

Yes. What have we got? We're overachievers tonight.

Well, So, what have we done? I Well, we we've done nothing. I miss what's going on. No, I was never served like Yeah. Yes, ma'am. We We have a shortage of pretty serious though. Okay. You're not an applicant.

Well, what we have three cases with no applicants, so we're dying to get the applicants here because we're being nice and not hearing the cases without them. That's

good thing I didn't shave for this meeting. So, we are talking about 113. Sorry to interrupt you and that I have tabled January 20th with a vote of Okay. seems seems add the table to 2026 already.

I would recommend since we're waiting for applicants potentially to think that they're coming for a 6:30 meeting, we can proceed with the two variance extensions to see if the applicants are showing up closer to six. Um and we can present the two variance extensions at this time and then revisit the other cases that were waiting for a commissioner or the applicant to attend. Various extensions are how do I use it now? I just saw this.

I don't have solar farms. They're waiting. I could do a brief presentation if we want to move to the other business with the two variance extensions. I don't see the various extensions right now. I'm sorry. I'm looking for it. Yeah, the paperwork either. Was it not intact? No, I didn't see any various. It was just me. I would say was my sloppiness.

Oh, those were the ones, right? Because you were going to send the whole original document. That's what it was. Oh, yeah. Okay, we got that. That's right.

All right. So, we're talking about VEXT-25-00008 um variance extensions ZC-24-104 and V-24274 the variance for minimum street setback at Harbor Street from 100 ft to 30 ft and V-24-275 variance for minimum rear setback from 20T to 10 ft and V-24298 variance for minimum street setback state street from 100 feet to 30 feet in Lockport Township. So that's the that's the second one. Do you want me to start with the first one or second one or

I can cover 08 since you read it and then we can proceed with O7. Okay. Following this if you would like.

So this variance extension um as you mentioned vext20008 um back in January of this year the planning and zoning commission approved these variances with a 7 to zero vote. The applicant has applied for the building permit and intends to construct a 3,000 foot commercial building on the property, but the permit is still under review. And since it was January 7th, they're looking it probably will not be issued before January 7th of 2026 and variances um expire within a year if a permit is not issued. They are requesting um this first extension for all three variances to allow the permitting process to continue. And the zoning ordinance is allowed or this commission is allowed to grant a expert or an extension for good cause up to two separate occasions for up to 180 days each. So, if this being the first extension, if this extension were to be approved, all three variances would be extended until July 6th of 2026. And staff is recommending approval of the extensions. Um, and you would need vote independently, so three times, one for each variance.

Any questions from anyone? Thank you very much. you want to remain there until we get uh the next one because this will be quick. U we have a uh roll call on vext-25-00008 on the various extensions. The first extension being ZC-24- 104. Mr. chairman for that variance 24-274 motion of approval for variance extension for the minimum street setback Harvard Street from 100 ft to 30 ft second

I have a motion second may I have a roll call please yes yes yes yes for the second variance 24-275 approval of variance extension for minimum rear set back from 20 ft to 10 ft. Second. I have a motion to second. Roll call, please. Yes. Yes. Yes.

Yes. And the third variance 24-290 298. Approve a variance extension for minimum street setback State Street from 100 ft to 30 ft. Lockport Township PIN 11:04 3440422000000 vacant State Street. Second. Yes. Yes. Yes. Houston. Yes. Thank you very much for staying. And would you please uh they can request a second one if they need do up to two. Okay.

Yeah. Hope we don't have to do that.

Next case is VXT25-00007 and for first extension for CC-24-090. So this variance extension um is related to a solar facility proposed at 6952 West Bronze Road in Mon. The variances were approved December 17th, 2024 by this commission. Um you voted 70 to approve both variances for the ground cover plant height and the number of mowings. The applicant has applied for the building permit associated with the construction of the solar energy facility. Um while the special use has two years to establish, the applicant um only has one year to establish the variances, basically putting in the ground cover plantings. Um and the applicant is waiting for favorable planting conditions which would not incur until spring of next year. Um as variances would be expiring um tomorrow. Actually, they are requesting their first extension. If approved, their variances would be extended until June 15th of 2026. So that would give them a little bit of time to establish the native ground cover, which would be needed for um the permits and establishing their variances. Um staff is recommending approval for the first extension for both variances. And like the last time, you're voting for each variance extension. We have a motion please from

Mr. Chairman in regards to various extension 25007 variance V-25-288 move for the approval of variance of maximum ground cover plant height from 13 in to 36 in pin number 21-14-9-300-002-000000

I have a motion do I have a second gave me a They have a roll call vote, please. Yes. Yes. Yes. Yes. The same various extension number 25-007. Variance number 25-289. Move for the approval of variance for the number of required mowings from five times to one time for pin number 21-14-9-300-002-0000.

Second. I have a motion second. Roll call, please. Yes. Yes. Yes.

Yes. I am sorry, but we're going to have to go ahead and proceed with the first three cases. We don't seem to have picked up any more people, and we haven't got our other commissioner. So, what I said earlier still stands. If you care to have this extended, I'm sorry that we have no quorum tonight, but if you care to have this extended, please come forward. Our first case that we'll be hearing will be ZC-25-121- S-25-048. And

well, these are the first two that we just decide to hear later in the hopes that Kim Mitchell would show up. Yes, that's correct. Wasn't looking at for 121. We have three cases here. Case 119 and 137 just like the previous meeting. I have to abstain from so would I be able to somebody's got to make a motion to just hear them next meeting, right? We don't have Can't hear a case without a quorum. Do you need a motion to move it to the next meeting or

and I won't make it then since I'm actually Well, I'll make it up. You can make the motion for that. Mr. Chairman, case 25-3380 ZC Oh, that's not not ZC2-086 in Creek Township. Motion to move to the meeting of January 20th. That's the date you said, right? Second. I have a motion. Second to table to January 20th. Yes. Yes. Yes. Yes.

I'm sorry. I have a successful business and you decide to buy from it. But yeah, I can't hear the case because it would be a conflict of interest. Okay, next case. Jen, do you want to go to the next case, Mr. Chairman? ZC25-099 the schoolhouse road. Motion to table it until January 20th 25. Second. I mean 216. Oh, shoot. That won't be the first time I make that mistake. Second. Yeah. I see somebody coming. I don't know.

I think that's for the other case. Okay. She's ready to give roll call vote. That's what I'm going to ask for. Roll call vote. Yes. For 00 I mean 099. Correct. Yes. Yes. Yes, that was for

her9 Commissioner 113 is here 25 ZC 25113 with many variances. We did table it to January 20th. Nick, if you could please. Yes. Is here we send it. May I have a motion to the table? Motion to unt25-113 and a for associated special uses and variances.

Second. I have a motion and a second to remove the table and hear the case tonight. So, may I have a roll call? Yes. Yes. Yes. Yes.

All right. So, good old Yeah. Are you up? Are you doing uh vacations at ASUS? Okay. Like what you're doing with your hair is just okay. So this is ZC2113. The owner is um George Ruse and the agent is Ernesto Laguaz. Um the applicant has applied for this for a special use permit for an accessory dwelling unit um and variances to allow a second floor dwelling unit and bring the parcel into compliance. Um here the property is shown outlined in red. The subject property is zoned R1 with frontage along Elgen in Scrib Nurse Street. Um the parcel is deficient for the R5 minimum lot area requirement. Um the parcel includes lot one and part of lot two of Kagwin subdivision. Um the parcel cannot be deemed as legal non-conforming. Um the applicant is requesting variances to bring the parcel into compliance. Um here is an aerial view of the property with the property outlined in red. In 2021, the property owner submitted a fire damage repair permit to remodel and repair the existing twostory residence on the parcel. As the permit was reviewed, staff um found that the residence contained four dwelling units. The applicant was unable to prove that the multifamily use was ever legally established. Um the property was placed in violation in 2022 for starting um work on the house without um receiving a building permit.

Um on April 14, 2022, um the property owner attended a meeting with staff to go over options to move forward. Um there was several options presented at the meeting. Um one of them was to request uh the termination of non-conformity and the other was to only keep two units. Um one unit is the first floor and one unit as a second floor. um they decided to go through with the second option um and only have two units on site. Um the principal dwelling unit, so the first floor is approximately 1,000 square ft. Um limiting the ADU size to about 109 square ft. Um the proposed second floor ADU does exceed this 500 square ft. Um and then reviewing of the survey revealed that setback encroachments um by both the house there's by the house and detached garage um and the applicant is requesting variances for these encroachments and exceeding the accessory dwelling unit area. Um here is the PL of survey pro of the property um showing the existing residence location. Here's the first floor plan. This is the principal dwelling unit. And this is the second floor plan. So this is the one that will be considered the accessory dwelling unit. Um this is a view looking at the subject property from Elgen Avenue. This is looking at it from scri Scribner Street. This is looking at the eastern adjacent property across Scriber Street. This is looking at the western adjacent property.

This is looking at the detached garage. And this is looking north down script scribner street. Um, a full copy of the staff analysis for the special use criteria can be found in the staff report. Um, but for a summary, staff finds that the special use permit will not be detrimental or endanger the public's health or safety. The property owners requesting the special use permit to allow the remodel of the home with the second floor dwelling unit. um and no expansion of the existing um residence is proposed. Um before the permit can be issued, the dwelling unit um will be required or will be required to comply with um all code requirements. Um this staff's opinion that the proposed special use would not be injurious to the neighborhood. Three properties within the general area have received approval to allow more than one dwelling unit on the property. Um staff special use would not impede the normal orderly development of the area. the parcel is located within a residential subdivision and the proposed use is also um compatible with the residential use in the area. Um staff finds that adequate utilities, access road and necessary facilities are being provided as the property is already improved um with the residents or the existing um yeah residential building. Okay. to go over section one for the variance re review criteria. Um staff finds that some conditions are unique as the existing structures predate the current owner and were in place before the property was purchased. Um however, staff finds no unique circumstance to justify a variance for maximum accessory dwelling unit size exceeding the size limits is a personal preference and not qualifying as a hardship. Um staff also finds that the requested variance would not alter the character of the area as the home and garage have

existed since 1956. Similar setback encroachments and similar setback encroachments exist in the R5 district. um and the ADU will be located within the existing structure and no exterior expansion or visible change will be um included. Uh for for section two um for 2A staff finds that the physical conditions of the property do does do result in a hardship. Um both structures have been on the property since 1956. Um now the prop the current property owner is looking to bring the property into compliance for the variance for ADU size staff finds that there is no physical condition that would allow the or that would require the applicant to exceed the permitted square foot of the ADU area. Um for 2B staff finds that the variance request would be applicable to other properties. Um based on GIS aerials, there are several other properties in this subdivision that are deficient in lot area and have structures encroaching on setbacks. Um then finally, staff finds that the variances will not endanger the public safety, a building permit, and all necessary inspections will be required. Um so of agency's comment of yeah agency comments the village of New Lennox um just stated that this this lies within the city of Joliet's boundary agreement and then they they transfer authority to them and staff did not receive any comments from the city of Juliet um of anything or yes um so staff is recommending approval of the special use permit with two conditions and then approval of the variance for lot area um sideyard setback and then the two street yard setbacks and then denial of the maximum accessory building or accessory dwelling unit. Um I'm happy to answer any questions and the applicant is also here if you have any questions for them.

I have no questions. Have anyone question? I guess I just ask the obvious then. So if we don't give them the ADU of a thousand and judging by the floor plans I have and you showed, they basically are splitting each unit on each floor. So we don't give that to them. That would mean they'd have to break off one or two rooms upstairs and the first floor would have to access they would need a second set of stairs in really. I mean it just be so cumbersome.

It leads me to believe that the only logical explanation. So, but the main reason you have to give the denial is because you can't in-house approve anything over than the 600 feet. Correct. Correct. Yes. And I believe also um because they are establishing a new accessory dwelling unit, they could have created it to meet standards. So, yeah. Yeah. Each floor is just Yeah. I would say real chicken. And I can't be as Kim down here to chastise me for using that phrase. Okay. Yep. Is there any other questions? Thank you very much.

Are there concerned citizens or objectors to this case here tonight? There are not. May I hear from the applicant? Is the applicant or the attorney here? You're the applicant. U would care to come up and make comment or do you want to just have us take a vote? No comments. Okay. You're a little overwhelmed by the whole process. Correct. Was somebody supposed to be here to help you with this? Yes. Uh Mr. Kavanaaugh.

Mr. Kavanagh is not here for this case though. Correct. Oh, of course not. Mr. Chairman for ZC25-113 S25-045 approval of special use permit for an attached accessory dwelling unit in two conditions. Yes. Thank you. With the two conditions as noted by staff in the report. Second. I have a motion to second. May I have a roll call? Yes. Yes. Yes.

Yes. Mr. Chairman, send case 113 variance 25-153 approve a variance for lot area from 10,000 square feet to 6564 square ft. Second. Motion second. Roll call, please. Yes. Btonous. Yes. Yes. And chairman. Yes. Mr. Chairman, case 113, variance 25-154. Approve a variance for sideyard setback southside from 5 feet to 006 feet. Second roll call, please. Yes. Roger. Yes.

Yes. Yes. Item number four for 113 variance 25-155 approval of variance for streetyard setback Elgen Avenue from 30 feet to 21 ft. Second. Don Keer. Yes. Housing. Yes. Yes. And chairman. Yes. Variance 156 for the same case. Approve a variance for streetyard setback Scriber Street from 30 ft to 14 ft. Second. Don. Yes. Yes. Yes. Chairman Steen.

Yes. And uh the last variance 157 approve a variance for maximum size of an accessory dwelling unit from 509 square feet to 1,38 square ft. Second. Yes. Yes. Snarat. Yes. Chairman. Yes. Mr. Jorge Riaz can get back to construction work. None of these could thrown past us, right? Everything's okay. Oh, the special use. Yeah. Oh, yep. So, you know,

I'm still kind of overwhelmed by that. 06 feet. They were using a really good tape measure there.

No. 06. So, we're talking less than an inch. less than an inch. We're at case number ZC-25-121 S-25-048 and Margarite Kenny will be our presenter. Me one sec while I pull it up. Okay, so the last case for tonight um despite the little juggling we did is ZC25121. It is a special use for a landscape business. It takes place in Homer Township. The subject property is 17958 uh South Cedar Road in Homer Glenn and the owner is Cedar Roads Associates LLC care of Douglas Carlson LLC where Douglas Carlson is general partner. You have Charles Greg Carlson is 25% interest, Paul J. Carlson is 25% interest and Lana Beth Arnold is 25% interest. The agent is Luke Lobos of VHJ LLC and the attorney is Richard Kavanaaugh of KG LLC. The agent is looking to relocate their existing landscape business to the site. They are um in process of purchasing the property and the current business operates uh at 17525 South Parker Road. So I have an aerial on the screen. The subject property is 17.33 acres. It's lies on the south side of Cedar Road where it scurves so to speak between um Bruce Road splits off. It creates that 1

acre um triangular piece in the north east corner. The remaining parcel is about 16 acres and that pri or is pretty much the developable area that the applicant is looking to improve with the landscape business. This property is a conforming A1 property despite the odd configuration. Um it is within the Hickory Creek wershed, but there is no flood zones or inventoried wetlands on the property and the land does slope southeast um with the central drainage swale and is currently farmed. So you can see the drainage swale that kind of runs through the center of the property. Um I do shows that their average annual daily traffic for South Cedar Road sees about 7,500 trips per day. Bruce Road sees about 3,800 trips per day. and then um west of Cedar and 1300 trips east of Cedar. So definitely a lot of traffic on Cedar Road in this area. Um the county's long range transportation plan uh just recently had an update and the new title is our way forward 2050. It identifies physically or fiscally constrained reconstruction projects for Cedar Road in this area. Um, and you can see the site currently lacks ingress and egress onto Cedar Road. Um, Bull County DOT would require an access permit to grant that. And the applicant is currently working with DOT regarding getting those permits and um, right-of-way dedications that the county DOT will be requiring. Um, some conversation is also potentially dedicating that triangular piece to uh, the highway commission or Department of Transportation as well. Um, so just a zoom in of that subject property.

The village of Homer Glenn borders the south or the site to the north. So that's the very light green. Um, if you can pick that up on the monitors. It's also agriculturally zoned. Um, the parcel itself that's outlined in blue actually falls within the village of New Lennox side of the boundary agreement between Homer Glenn and New Lennox. Um, New Linux, however, is about a third of a mile south of this property. And New Lennox has reviewed this request. Um, and that memo that you all should have received contains the comments of their request. Um, they do not have any objections provided that their conditions be accommodated by the county. Um the property lies in New Lennox's facility planning area and we also have um the city of Joliet to the north or Juliet's facility planning area and Illinois American. So we have a couple different um sewer and water services in the area. Um you also can see by the zoning that we have a couple forest preserve properties. So the property is surrounded by Hadley Valley Preserve and then um just to the northeast we have Messenger Woods. So this area is pretty rural agricultural um still in terms of um the use and feel of the area. So on the screen this is the plat survey for the property. Um the conceptual site plan um for a landscape business in A1 it does require a special use permit. Um, the applicant is requesting it to run with the land. So, the next owner could potentially continue the landscape operations. The operations would occur on the 16 acre portion. That triangular portion would be left alone um most likely being dedicated to the uh DOT. The concept plan shows a 1600T storage building, a 2500 square foot office that's attached

to the building. Um, so that's in the center. There are four 625 square feet material bins. So, um, typically our resource recovered energy would like to see materials stored outside in three-sided bins. That's what they're showing here. They're also showing 16 parking spaces, including an ADA compliant space, um, which would likely be in conformance with the county standards. And then they're also showing a proposed landscape burm along Cedar. Um that is subject to DOT approval as well. I believe the state requires 10-ft setback from the right of way. And after um Bo County DOT gets additional rightway dedicated um that would be the additional 10 ft into the property and then the burm would be permitted to start. And then the county zoning um has an additional requirements for the burm in terms of the slope and having established landscaping on top. Um access is proposed at the northwest corner. So again far away from the scurve. The proposed hours are Monday through Friday, 6:00 am to 5:00 pm, and Saturdays 7 am to 2 pm. 12 employees are estimated to be working from the site and then one to three customers per day would be visiting the site. Um, this will require site development and building permits for the structures and moving the dirt on the property. Um, so compliance with the county codes, building storm water zoning would be required with this. Um, so if approved, the applicant would have two years to obtain the necessary permits to establish this use on the property. The next couple slides are just showing the subject property. And this was right after our double um duo of snowstorms, but this is looking west from um that Bruce Road side of the triangular piece of the property. Again, Cedar Road's a

little fast to pull over and try to take some photos on. Um, so this is from a safe distance looking at the subject property. This is looking northwest from that same area. Looking north, looking northeast, looking south. Um, so the criteria by which special use permits are evaluated are shown on the screen. an in-depth analysis is provided in the staff report, but to allow staff to briefly summarize the criterion um that we considered. It's staff's professional opinion that the establishment maintenance and operation would not be detrimental to or endanger the public's health, safety, morals, or general welfare. This use is considered low intensity. It's consistent with surrounding agricultural and open space character and would operate within the established county standards. Access would be reviewed by W County DOT and the permit being issued would ensure safe traffic movements. On-site operations are contained within the 16 area or 16 acre portion. Um the proposed screening along Cedar that includes a burm would reduce visual and noise impacts. Um the business also maintains limited daily customer traffic and modest staffing levels minimizing effects on adjacent properties. Um staff finds the special use would not be injurious to use enjoyment of other property in the immediate vicinity. Um similar landscape businesses and operations work well within rural and semi-ural areas um and have not shown adverse effects on property values. The proposed improvements may enhance overall appearance and functionality of the site. Um the surrounding area is open space or agricultural and similar uses would be permitted by rights. So you could have animals. Um you can continue to farm those properties or it can be forest preserve district property. Um staff also finds that the establishment of special use would not

likely impede normal and orderly development or improvement of surrounding property for uses permitted in the A district. Um there's another landscape business under construction along Cedar just south at 17958 which is 815 Mulchet and it's about um a third of a mile south of this site. Um all necessary utilities and infrastructure would be required to be installed as part of the site development and permitting process for the building and then access to the site again would require Will County DOT issuing that entrance permit to the site. Um and they have submitted several comments regarding um what their standards would be and they all ensure that traffic standards are met. Um that the appropriate site distance and separation from roadway curves and intersections are um met. Um and then the proposed landscape business is designed to operate in full compliance with the A1 district standards. with that. Um, in terms of agency comments, um, I just wanted to point out that a LISA score was conducted for the site and it was calculated at 129, which is potential growth in incorporated areas. Um, the NRI also stated that the most significant concerns were related to the field tiles and that all field tiles found should be considered capable of carrying subsurface water and should be rerouted rather than plugged. The ecoat identified protected resources in the area mainly u messenger woods and the related nature preserve um and the inai site and then also the northern long-eared bat in the area. Um the department evaluated the information that they identified and concluded that adverse effects would be unlikely. Again most of the trees will not be touched that run along the property lines. It's really the interior that they're looking

to develop. Um the health department does not have any objections. Um again they would be working with the health department regarding the building uh to have the appropriate septic and well on the property. And then DO's general comments since it is a county highway um being Cedar Road. They would issue the permit. Um they would require a traffic impact study or some type of similar study and then a site distance study. Potential roadway improvements would be required. And then they are requiring right-of-way dedication um approximately 60 ft from the center line along the entire property frontage. And then the triangular piece on that northeast corner um there would be rightway dedication on that parcel too. So um they've had and are in contact with the applicant to figure out what the process forward through that whole permitting to get access to the site would be. um a plat dedication for the right of way would be required and then um the village of Homer Glenn provided an email not objecting to it but it also um just to notate it falls on the new Lennox side of the boundary. So new Homer Glenn doesn't see an issue but it's not really within their future uh planning boundary. Um, in terms of future uh, New Lennox comments, the staff report mentioned that New Lennox would be hearing this case. On Monday, December 8th of this month, New Lennox Village board heard this case and as mentioned, they voted not to object to the request. Um, they proposed nine conditions be added to the special use request. um of which staff encourages the commission um or at least to take a look at conditions 2, three, four, and five because they are more specific than what the county would require um in a property. But if you were to add these conditions or

variations thereof, you would have to make motions to add those conditions um onto the special use before you take a vote. And with that said, staff is recommending approval. Um I do apologize. It should be breeding a special use permit for a landscape business and not a halfway house with um it should be two conditions. Um so the first condition is just our typical site inspection and then that it be that it runs with property. So if you were looking to um add additional conditions, it would probably be condition number three, four, etc. and I'm happy to answer any questions.

The only question I have and if I I might have misunderstood you, but uh I thought you were talking about a 10-ft uh extension from the road to the burn all the way around the curve. And if that's the case, what's going to happen with the DOT entrance?

Yeah. So, um, going back to the site plan, give me one sec. So, what's going to happen is you have DOT that's going to require right-of-way dedication. So, they're going to take property from the current Plata survey or what's shown on the site plan um, from the center line. From there, that's going to be your new property line for the street. taking it from the center line, not we're not asking them to give them a a a lane. No. Okay.

There may be additional improvements depending on the traffic study, but given you know there's 12 13 employees working from the site, it may not generate any additional like dedicated turn lanes, things like that. But okay, again, this road sees a lot of traffic and that scurve,

you know, speed limits about 50 miles an hour. Um, so they may require like a dedicated turn lane that may require additional lands to be given um for that entrance or exit if it's like a right in right out. Um, but also the state requires a 10-ft setback from your street property line into your site to allow for additional if right-of-way dedication is needed or um just wiggle room so that the burm is offset from the property line when it starts. Okay. So, they would have like a 10-ft step back essentially from the start of the burm to their property line along Cedar.

Okay. Thank you. Any other questions? Thank you very much. I just had Margaret. Uh, did I understand you correctly to um to comply with the Linux recommendations? you suggested maybe we uh amend the uh special use permit to include uh items three and four that millenn

Yeah, you definitely could look at items um anything bold on that memo is something that's more restrictive than how the county sees it. We do not have um design guidelines for buildings. It can be a pole barn. It can be um it does have to meet building code, but in terms of having like a brick facade or anything like that, we do not have those requirements. Um so that's something New Lennox wanted to see because that's what they require within the village. Um in terms of the outdoor storage area enclosed by a solid fence to help screen. Well, we require a solid fence or they can use landscaping and a solid fence to screen. Um, so we have things that a little bit more flexibility that they can use to use as screening where it seems like New Linux is a little bit more specific with a solid fence for screening. Um, and then again, you know, condition or they're recommending condition number four, the proposed gravel surfaces shall be hard surfaces such as concrete or asphalt. The county looks at, you know, uh, gravel as an impervious hard surface. the more you, you know, have heavy machines and equipment on it, it does compact. Um, so we don't require uses to really put in concrete parking lots or asphalt parking lots. They could do gravel provided they meet the requirements of storm water and the zoning requirements. And then if they have to put in in ADA space, um, they have to meet the state requirements. So that would be paved, but that could be the only requirement in terms of pavement. Um and then again, you know, the existing tree line to the south, if that provides a natural um screening, a lot of times we see applicants and developers just try to maintain the existing tree lines rather than having to do an expenditure of having additional fencing or um installing more landscaping to screen

from that property line. Um I did have a conversation with the applicant's attorney this afternoon. Um it sounds like he's been in talk with the neighbor to the south there. They are willing and considering putting a burm along that southern property line where they would still maintain the tree line. They would not touch it, but they would put an additional burm with some landscaping on top to again just add a little bit more of a land use buffer between that residential use. It's not required. Um if they came in and showed no burm, we would still want to see some type of screening, but they wouldn't have to do a land use buffer. but they're considering doing something like that again to just kind of be a good neighbor.

Okay. Thank you very much. Are there any concerned citizens or objectors to this case here tonight? There are. Okay. We'll hear from you after we hear from the applicant. Mr. Kavanaaugh, you were not here earlier. Uh, and it was announced, but just to keep you in line with everybody else's announcements, uh, there's only four of us here tonight, so you need every vote or else you can move the case to another date. I'm sorry about that. I can't do anything about it.

This is special. All you're doing is making So it can be two to two, three to one, one to okay. Okay. Thank you.

I just wanted you to be aware of the situation, sir. Yes. Thank you. Yeah,

we constantly confuse SUPs and TUPs up here. We'll try to do better in the future. For the record, my name is Richard Kavanaaugh. I'm an attorney with KG LLC with offices at 111 North Ottawa Street. My client Lucas Lopez is here also tonight. Um, and we very much appreciate the work that the staff has done with respect to this uh this report. Um, a couple of things. Number one, the the burm that uh we have agreed to is a 4-foot burm along Cedar and then as Cedar curves west all the way across the frontage of the property to on Bruce Road to the far eastern end of the property. So the entire road perimeter of the property would be Burmed. It would be a 4ft high burm and my client would be putting evergreen trees on top of the burm which over time would grow. Yes. To completely completely uh surround the property. Now I understand that there is a gentleman here who uh has concerns because and Mr. Chairman you mentioned it. He owns the residential property to the south and I had a call within the last couple of days concerning whether or not we could move the building from where it's planned because of the concerns of the residential property owner. Number one, we don't intend to touch the tree line at all. I think our property might go slightly into the tree line. I don't know how far. We don't have any accurate measurements, but we

have no intention of touching the tree line. We would also propose to foot put a four or six foot burm across our southern property line except in a couple of spaces. number one at the far west end would want to leave about 25 or 30 feet there between us and the property to the west of us because of the tree line that exists there. We don't want to be chopping down any trees. That's that's the first reason. And the second reason is that we think that it would be a problem to maintain any kind of a of a burm at the far eastern end of the property because of the swale that comes through there. We don't want to put a burm in a swale because all it's going to do is create backup in water. You have water that comes from the north and goes all the way down to Hickory Creek. So, we would propose to put that burm outside of the tree line on our property, either a four or six ft burm with evergreens going across the entire south portion of the property. would be excluding probably the west 50 ft and would be excluding about the east 400 ft because you can see where that swale comes in from the north uh west and goes south and east. So, okay, but my client is here tonight. We appreciate the again the staff report. Uh we'd be happy to answer any questions that any of the members have obviously but uh we think this is a good project.

As far as the the uh comments from the village of New Lennox have a couple of uh Margie W mentioned I think uh let me see here obviously we will comply with all the building codes Uh we would prefer not to have to put brick on the front of the building. It's an agricultural building. It's an office. It it will have uh area for ma maintenance and repair. But uh we think we will have an attractive building but brick appears to be sort of out of uh out of left field. It's not a commercial building. It's an a building. Uh and with respect to the uh gravel spa uh surfaces replaced with hard surface such as concrete or asphalt, we have no problem asphalting the drives in. Okay. or asphalting any of the automobile parking places, but we would much prefer gravel for the storage area in the back because at least it will allow some of the water to seep into the ground. And as you know and as you can see from the site, uh this is a relatively wet area because of water. And we would prefer to have as much water seep into

the ground as possible. So with those uh with those differences, we would ask for your approval uh for the special use for the uh for the project. Okay. Be happy to answer any questions any members may have. I have no questions. Anyone have questions? I guess I would just ask one thing. You didn't follow up really. Uh they've asked that the building not be I guess so close. And from what I'm reading right here, A1 side and rear setback are both 50 ft. Do you know exactly where do you they plan on putting the building? How far from that property line?

The building is quite a ways from the property line. I think safe to say it's more than it. It's it's well over 50 feet away. I am reading this right. Correct. 50 ft as a side and rear for A1.

Correct. And it looks like from the site plan, um 100 ft from the western property line would be the nearest edge of the building. And again, this is just a conceptual plan, but they're showing 100 ft. And then they are showing like 200 ft from the southern property line. So the start of the gravel pavement, the dark gray area is 100 ft from the southern property line. And then the dark gray on the western property line is right along the 50ft setback. Okay,

now I understand that drawing better. the dark area that goes all the way around the building. Yeah. Have you any other questions? No. No, thank you. Would you please take a seat up front, sir? Yes, sir. May I hear from the concerned citizens your objectors? Come up to the podium, please. Watch your steps coming down the stairs. Please give your name for the record. My name is John Fe and this is my wife Jen.

So So we are first of all um I met with Luke, the potential buyer, yesterday. That was the first time we met. And our goal really is to try to be neighborly with each other. Um, but I think so. Again, we've never been through something like this before. So, I'm not sure if this is already a foregone conclusion to There's no such thing as a foregone. It's a public hearing. It wouldn't be here if it was.

Okay. Okay. Great. So, I guess that the first thing I wanted to say is that in the event that we are going to be neighbors, we want to I think work together to figure out a solution that works for all of us. Um, so we talked about yesterday about maybe moving the building a little bit further to Is there a way to put that conceptual site plan up? It may be easier to kind of look at that. So So I know we're talking about noise, right? Um, and I know that's why we're talking about the BMS up like on Cedar Road to potentially prevent some noise. Our property, our house is probably Yep. So, we're south of that and we're probably I'm going to guess 150 feet maybe away from that tree line. Um, so Luke had talked about what I think Mr. Kavanaaugh had said constructing a burm there in the backside which would be helpful. the the biggest concern I think that we have is and I'm not sure if if really in the paperwork it kind of stated what type of landscape company it this is but it's not I think when we heard about a landscape company we were thinking about trees nursery type thing shrubs the the storage bins there are they're they're basically bigger areas where you put gravel and you put different building materials. I think Luke has he mentioned to us he has a few semi-truckss. So that that area he's going to be bringing trucks in from Cedar and keeping those semi-truckss back there in that parking lot and and please correct me if I'm wrong. Um, I think that he has a front loader or some type of of piece of equipment that's going to go and scrape those rocks and whatever the building materials are early in the

morning to dump them onto the trucks. So, our biggest concern is the noise. That's, you know, the building. I don't think we have any issue with the building um at all. But our the the problem is the parking lot because right there if you see those there I think three or four bins. What we had talked about yesterday is is there a way to relocate those bins further north. So I want you to think about that the noise that we're you know that we're going to hear. And I even at Luke and I were kind of talking about yesterday. I'm like we have a house here and we both can understand that. And I even said like would you want to have a house next to your operation? He said, "No." So, I we don't want to try to stop a a project, but I just it doesn't for us it it doesn't seem to make good sense given given our living circumstance right there.

You're concerned about a noise potential is what you're saying.

Yeah. Well, there it again, correct me if I'm wrong, these aren't like pickup trucks that are coming and loading shrubs or whatever. They're semi-truckss. that it's going to early in the morning to get loaded. I think, and again, stop me if I'm misunderstanding it within a couple hundred feet of of our property line that are going to be taking materials, lifting them up, putting them into the trucks. I even think if you go even further north, we're probably going to hear that, right? But we would rather have something further away from our our home. Is there a way on there was like an aerial view that shows our lot? Yeah, there we go. So, so right there, that's our that's our house that's being constructed right now. So, you could see how close it is to that tree line. So, you know, when we bought the the property, it was zoned agriculture. We had no, and again, we're not experts at this, but we had no thought that we'd be dealing with semi-truckss or some type of heavy heavier type of um I don't know what you call it. Can

Can I ask about the tree line, Mr. How much that do you think is on your property versus I

I don't know, honestly. I don't know. And here's why. Because the original parcel of land was 40 acres. it got subdivided and we bought 20 and we bought that what about a year and a half ago probably. But I just also want to go on record to say that Luke has been really good. This is not a personal thing with Luke. He's reached out to us. Again, we did not know about even this when we were um the mailing was sent certified. It was sent to that construction site. So, we never received the certified letter. Well, I can I can make comment on on your circumstance or potential circumstance

in the if we have a truck stop and we put up the BMS and the and the uh trees or bushes to stop the noise from residential areas. That's all that's required by the county normally to do that. And most of the people I presume because they stay in the homes they must think that it is stopping the noise or mostly stopping the noise. So uh but about the low the rock you know again this is due to all of us

your case the best because your worst thing is going to be every morning doesn't matter whether it's a dub truck or a six-wheeler if they're complying with certain safety laws you're going to start hearing and then clunk and then which could be a noise hack in the summer if you're one of them people that likes to sleep late with your windows open. I I I think I think the only thing we could really do that would help you with noise is ask for plantings on a burm. The idea of a burm is it'll help deflect the sound up. But in the winter sound carries much better. I can hear the conductors at a metro station a mile from my house yelling directions to one another in the way.

So, you need some trees to try to also knock it down. That's why I ask where you think most of the trees are. The applicant only says it's not their intent to remove any of the trees. But obviously, three years from now, five years from now, 10 years from now, if they want to expand that parking lot and trees are on their property, they're well within their way to do it. Unless we condition something on here that says they must have the burm and they must have the trees. Otherwise, all the conceptual drawings, they could, we'll just hypothetically say here, get approval. The man pass away, of a massive heart attack, sell the property, the next person come in and put that building 50 feet from your house

or the building because that's what the code says and the parking lot 50 feet. So if we don't attach something now, which is really your only chance because you don't get it. What? Let me ask just curious the So like, how do I say why would it even like why are we here to even like if he could if if anybody whether it was Luke or anybody else could do have, you know, have the setup the way it's uh contemplated, what is really the variance for like what's, you know what I'm saying? That's what I was just trying to understand. What's really the variance here if it if it doesn't matter?

Well, there's not a variance. They're asking for a special use permit. The county ordinance, which is required by state statute, states that landscape things must be in agriculture and require a special use permit. And that gives the general public the chance to come and give their approval or rebuttal to such a project. So, it's technically the legislative process that they're going through. Am I saying this right, Mr. Kavanagh? and we hear the arguments both ways and rule. But in this case, we are not the final step. We are a recommending body because this will proceed to the county board. Okay? A committee will hear it and then the county board itself. Okay? So other cases you heard variances, they stop which

so if they wanted to put it closer to you like say 30 feet. Yeah. They could be requesting a variance to be 30 feet from the lot line one lot and you would be well within your rights and you would bend our ears pretty good because you know now they're asking for something a little extra special. Yeah. But here they're just asking for what's required of the county code to to get approval for special use permit and they are offering to burm and add to the burm with with conifers of some type that will block sound once they once they grow together. And it does take a couple of years, but once they grow together, it fits a sound wall.

I'm one of them people that goes down Route 30, goes down I 55 and look at sound walls and I say, "How hideous. We have all these trees in nurseries. Why aren't we putting huge arborit intense plantings for 50 to 100 feet rather than these sound walls?" Which now actually shocked me. I go by some of them 10 to 15 years old. They're falling over. They're rotting away. are. Why don't we have something natural? Well, I said a botanical sound wall is what I was talking about. Yeah. Yeah. It's just the the I think the loading is going to be a bigger problem, too. But I don't know if the BMS would be able to stop the rocks from falling into the the truck.

That's common. That's what they commonly use in the county, and it seems to work around the county. So, that's all I can tell you, sir. Okay. So I guess my question to you then would you like us the only condition that I think I myself would want to put on here is that they burn the or they they put plantings as well as a BM against your property and they make a very legitimate argument. They don't want in the corner. I think water drains that way. No, I agree with that. They don't want it up by the road. So technically the only place they've mentioned now putting a burm is pretty much just north of your house going a little bit east and west. So if

yeah and Luke had said that he would do that yesterday when we discuss I'm just telling you that's what so I don't Yes we would want that and I painted a pretty bizarre scenario there but you can say anything you want here but if it's not conditioned no no no we would that condition except for the fact that Mr. Kavanaaugh also stated that under oath here sitting everybody here is under oath. So right. Yes. Yes. What what I was suggesting is not the west 50 ft because of the tree line there. Yeah.

And not the east 500 ft. And this is about 1,200 I think it's 1,200 feet on the south property line. The east 500 gets us to the swale and then the west uh 50 ft is the existing tree line between our property and the property I think of the forest preserve. Yes. West going up that way. You're saying you see where the You see where they're running the dots on the So technically going up north. Going north.

When you come in your driveway, you're heading due west almost and then you hard right to go north. You'll be looking at the burm and the planting because that looks like it would be starting about 50 or 100 feet to the right. My driveway you're saying? Yes. My driveway is further south. Right. But I'm looking at your driveway. It comes in and does three loop the loops at a time. Okay. Yeah. Yeah. But when you turn to go north, you would be looking at the BM. So really at no point would you be able to even see except what's over the tree and the BM or the trees and the BMS because when you first turn in, you're looking due west at your property. Yeah. Because I'm looking at the Google Earth image of your house where theirs is more recent. They had the house. But Yes. And you have a nice circular right in front of your house, which fire departments love that.

They hate long driveways that they have to back out of. Yeah. Yeah. So, I mean, if you're fine with having talked to them and you know, it it does state that their hours of operation. I guess I could ask staff this 6:00 a.m. to I think 5:00 p.m. I don't know if there is a uh county ordinance as to what hours they are allowed to open. But yeah, I mean, most blueco collar men like to show up at 6:00, 6:30. They have their coffee. They get their trucks going by 7 because they want to be home early. They don't want to be out at 5:00, right? They want to start early and get home early. Mhm.

So, have you anything more to add, sir? No, I just was curious as to about the conditions if how do we get you guys would I think take care of I think your wife may want to add something. Oh, yes. Did you did you want Yes, please come to the podium and even though he introduced you, give your name again, please. I'm Jennifer Feith. Thank you. Wife of John, the neighbor of potential Luke.

Um same a lot of the same concerns obviously. Um, mostly for me is that we bought our property knowing that it was A1 agricultural and we knew that that corner was the same as well. We weren't under the assumption that things could just change by going to court and become commercial. It's still agricultural. That's that's the it it may be a commercial venture, but it's still agriculturally zoned.

Yes. Running a business and not just like your typical landscaping cutting grass with having semis coming off a very busy road of cedar,

which they mentioned how busy the traffic is on Cedar and Bruce day and night. Um the speed on that road, so like the safety as well is my concern. um listening obviously the sound the semis smelling diesel throughout the day if we were under the assumption that some of that whole area would end up being preserve that the preserve would be interested in um like connecting that whole area there that the area of Homer Lockport and all of that wanted to keep it more natural preserve and forest. So that was a lot of the assumption we were under when we bought that property which we're keeping it A1 and we do some farming on there as well. So this is all like my husband said all new to us and different and again living next to that and listening to it hearing it smelling diesel along with all the extra traffic with the entrance being on Bruce it it's a busy road so that's a concern too of it backing up and you know people are flying down that road doing about 60 I see a lot of accidents there too from Bruce and Cedar. So, a little bit of everything under my concern of being a mom, having three kids there as well, and living next to a type of business.

Okay. Anything else you like to add? Nope.

Okay. Thank you very much for your testimony. Mr. Gavin, would you care to rebut or certainly understand the concerns? I know uh that my client Mr. Lobos who is sitting up there uh uh has been operating a business for a long time in Homer Glenn in a residential area and I'm not aware of any mistakes. He just needs more any issues for when he's been operating there. Uh the fact matter is he needs more room because his business has expanded and this is a perfect site for it. And I think with the Birming uh I think we alleviate most probably not all but most of the issues.

If I may Mr. Kaval ask your client one question which actually breaks all the rules of employment but I'm here to find out the truth.

I think I know the answer. I'm just curious. So they're very concerned about semis and I'm thinking what I've seen in most landscape businesses they're not the primary truck. They're probably the ancillary truck probably to haul bigger loads in that all the smaller trucks haul out. Is are semis very vital to your operation or are they just a very small part of it? And then you have a lot of smaller trucks with trailers that you So, are you one of these outfits that do a little bit of lawnmowing, but you do a lot of installation of patios and maybe even putting inside and finishing yards after a house has been built in a subdivision or

pavers retaining walls. So, yeah, some of these retaining walls require a fair amount of material. Okay. So, yeah. So, what I was kind of expecting in most landscape, well, I guess I'm entitled to ask the commission to add a condition. I'm going to throw away all the new Linux ones, but ask that the roughly 700 feet of BM that is on the south side be planted in trees as well as be the burm. I think I think that's a No, I think we would we would prefer to put evergreens on top.

I think that's the best way to prevent sound from coming through. Absolutely. Also break line of sight. Yeah. If these BMS get four big blocks high, that's going to be almost a 10 foot tall. So yeah. Well, we have no interest in in taking down any of the trees that are on the south side to begin with. So this would be inside the trees additional

toward our more on our property. Yes. What you see in in lots of high-end developments where they have the BMS are by the time you're all done the burm are four or five feet high with the trees on top and then deciduous trees behind them. So you end up with a very nice looking setup. Besides the fact that it's sounding, it helps the sound. It would very we'd like it to look very nice. Yes.

Yeah. New has done a pretty good job to make the front of their operation look very nice from Cedar Road. Other than other than the brick front on the building, Mr. Kavanaaugh, did you have any other objections to New Linux's uh five? We'd prefer that the big parking lot in the in the back be gravel as opposed to asphalt. Yes. But would asphalt the rest of the parking areas and the brick front? Uh we would prefer not to have to do that. Yes, I got that. You want as much drainage in you can for the property. Yeah. Yeah.

Okay. You mentioned what concrete does to get to your tires and rubber tracks. Yes. I'm sorry, sir. You got one shot. But um we're going to go ahead and uh ask for a motion on KZC-25-121.

So, Mr. S wait a second S25-048 and that motion can be conditioned by the board. Now if that is the case Mr. Chairman, for the S25-048, I'm going to ask for the addition of a third condition that a minimum 650 ft BM with plantings be installed on the south property line, which I guess that gives you the latitude to put it where you want it, but as you stated and logic kind of says, you're not going to put it all the way to the east, all the way to the west. You're going to put it 50 to 100 ft starting and this I think is going to block just about.

So this this will be a third condition to the third condition. Okay. Did you catch that? A restate. Try to make it real brief. Restate it. Would you please? That a minimum 650 foot BM with plantings be on the south property line. Okay, I think that's clear and brief. And that if it would Oh, we got to vote on that first. We have to we have to vote on the on the conditioning first. Second on that. Yes. Dive if you guys like the idea.

Yeah. You didn't you you just said planted. You didn't say planted with evergreens. Plantines. I'm f I'm favor with arborite, but they almost always use evergreens. I don't know why. Yeah, evergreens. I'm giving them the option. Shut up. Are you ready to take a vote? We are ready to take a vote now. I have a roll call, please, on that condition.

Yes. Yes. Yes. Yes. So, Mr. Chairman, for ZC2-121, special use permit 25-048, approval of special use permit for landscape business with two conditions from staff and one by us. Yeah, three conditions. Just second. Have a motion and a second. May I have a roll call? Keeper. Yes. Yes. Yes. Chairman Houston.

Yes. Our next meeting is going to be January 20th. Um, do we have any announcements from staff at all? Thank you. Yes. January. Yes.

Yes. I have um an announcement. We have a new planner um with us. His name is Alec Van Patton and his first bank. That's a famous name, Van Patton. If you're in the acting business, I don't know about being a planner, but congratulations and we're happy to have you with us. And did we lose Jesus person? Is that the No, Jesus is just um taking some personal time. Okay. Okay. Okay. Couple months and Jesus would have pronounced Jorge Riaz better than you did.

All right, gentlemen. And uh I will ask for a motion for adjournment. Moved and second. I'll second both their motions. Moved and second. All in favor signify by saying I. I. Any oppose? Same sign. Okay, we're adjourned. Thank you all staff for a wonderful attendance.