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Home My Public Portal AboutResolution 1380RESOLUTION NUMBER 13$0 A RESOLUTION OBJECTING TO THE PROPOSED REZONING OF PROPERTY LOCATED AT 239 28 LINCOLN HIGHWAY, PLAINFIELD TOWNSHIP `WHEREAS, on July 15, 2003, the Village of Plainfield Planning Commission voted unanimously to object to the proposed rezoning from R-3 to C-2; and WHEREAS, on August 4, 2003 the Village of Plainfield Board of Trustees also unanimously voted to object to said proposed rezoning; and WHEREAS, both the Planning Commission correspondence and the Village Board determined that the proposed rezoning is not in the best interest of the Village of Plainfield and fails to promote sound planning as set faith in the attached staff report which is attached hereto and made a part hereof as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY the President and Board of Trustees of the Village of Plainfield as follows: Section 1. That the President and the Board of Trustees of the Village of Plainfield hereby object to the proposed rezoning at 23128 Lincoln Highway, Plainfield Township, Illinois, as more particularly described in Exhibit "B" which is attached hereto and made a part hereof. Section 2. That the Village Clerk shall file a certified copy of this resolution with the Will County Clerk , Passed this 18th day of August, 2003. AYES: O'Connell, Fay, Waldorf, Collins NAYS: 0 ABSENT: Swalwell, Thomson Approved this 18th day of Au ust , 2003. '. c _~ ~ ~ - ~` ~ ; 4 VILLA RES DENT ~_ _ _.. _ - _ _ d-- -= . -=~U ..... -----~-- VILLAGE~C:~F,R ,, A n ~" ' ~"~/~t ~ . ~ Richard A, Rock PRESIDENT Susan Janik VILLAGE CLERK .• N TRUSTEES Michael Collins Foul Fay Kathy O'Connell REPORT SUMMARY Ron Swalwell Stephen Thomson James A. Waldorf CASE: VERHEAGHE -COUNTY REZONING SUMMARY The applicants are seeking to rezone their property located in unincorporated Will County from R-3 to C-2. Because this case is within the mile and a half planning jurisdiction of the Village as well as on Plainfield's side of the boundary agreement with Joliet, the Village is reviewing this request. The Plan Commission considered this request at their July 15, 2003 meeting and voted 6 to 0 to forward a letter. of abj ection to the County. The Plan Commission additionally requested that staff attend the County meetings to verbally express Plainfield's concerns with regard to this rezoning case. ISSUES The primary concerns of the Plan Commission were this property's compatibility to the following: (1) permitted uses if it were zoned in the Village, and (2) the Village's Comprehensive Plan if it were to rezone and remain under County jurisdiction. The Plan Commission felt the C-2 zoning would allow a wider range of uses than would be currently compatible with the character of the area. This is further demonstrated by considering the Village's findings of fact for rezoning. The attached staff report considers those five factors, determining the property would be more appropriately zoned BTD and that this property should be in within the corporate limits to help meet the goals of the Village's Comprehensive Plan for the Route 30 corridor. t' RECOMMENDATION Plan Commission recommends forwarding a letter of abjection to Will County. Plan Commission recommends staff attend the County meetings to express Village concerns at the public meetings. Staff recommends forwarding a letter of objection to Will County. SUGGESTED ACTION The following. motion is suggested: X move we recommend forwarding a Letter of objection to Will County regarding the applicant's request ezone f ~ -3 to C-2 at 23128 Lincoln Highway. Prepared by July 28, 2003. Steph ie Houk Sheetz, Pl er T:\Cases\2003\Verheaghe - CC\Reporis\VB summary S~-03.doc Richard'A. Rock PRESIDENT Susan Janik VILLAGE CLERK M TRUSTEES Michael Collins Paul Fay Kathy O'Connell Ron, Swalwell Stephen Thomson MEMO TO: VILLAGE PRESIDENT & BOARD OF TRUSTEES James A. Waldorf FROM: STEPHANIE HOOK SHEETZ, PLANNER~;~ °° ``°° DATE: .Tiny 28, 2003 ~~ RE: COUNTY CASE: VERHEAGHE REZONING REQUEST: Rezone from Will County R-3 to C-2 LOCATION: 23128 Lincoln Highway (at Route 30 & Lily Cache Road) APPLICANT : Andrew & Laura Verheaghe CURRENT ZONING: Will County: R-3 COMPREHENSIVE Village: General Commercial PLAN: DISCUSSION The applicant is requesting a rezoning of their property from R-3 to C-2. The property is located near the intersection of Route 30 and Lily Cache Road, across from Lily Cache Plaza, in unincorporated Will County. The property is approximately 18,564 square feet with atwo-story brick house. The applicant plans to sell the property and staff understands there is a potential buyer pending the rezoning. If the property were rezoned, permitted uses in the C-2 district would include retail businesses, personal service establishments, business service establishments, professional office establishments, and public, quasi-public, and governmental buildings. Special uses would include child care, residential, drive-in banking, liquor stare, bar, cocktail lounge, drive-in restaurant, outdoor storage, and storage facility. This property is within the Village's mile and one-half planning jurisdiction, as well as on Plainfield's side of its boundary agreement with Joliet. Upon receiving a copy of the request, the Village approached the owner about annexing into the Village of Plainfield and zoning it BTD (this was thought appropriate because of the transitional character of the area: the north side remains a mix of residential and commercial, and the south side is developing commercially). After considering the Village's request, the owner opted not to annex and to continue their rezoning petition with. the County. ANALYSIS Plainfield's Comprehensive Plan. designates this area for General Commercial to develop in the Village. Some of the goals set forth in the Comprehensive Plan for this area include: improving corridor appearance, enhancing roadway capacity, and developing remaining vacant property for T;\Cases\2003\Ver6eaghe - CC\Reports\VB 8-4-03.doc MEMO TO PLAN COMMISSION COUNTY CASE: VERHEAGHE business uses. The Comprehensive Plan also points out that the proliferation of billboards and temporary signs is distracting in the Route 30 corridor. 7/7/03 2 oF4 Given that this property is contiguous to the Village limits and is unincorporated, good planning dictates gradual annexation of the properties in this area as development or cases such as this occur. This will ensure the Village's goals for the Route 30 corridor are accomplished. Before considering the standards for rezoning, staff would like to review some key regulations that would differ if this property were incorporated or unincorporated. Unincor orated Wilt Coun Incor orated Villa a of Plavnfietd C-2 permitted uses: retail businesses, personal BTD permitted uses: professional offices, service establishments, business service business offices, services, and single-family establishments, professional office dwelling units. establishments, and public, quasi-public, and Retail is not permitted, it is a special use. ovennunental buildin s. Aground sign could be a maximum of 40 feet Limit ground signs to 10 feet in height and above the level of the street and no greater than no more than 48 square feet. 100 s care feet er face. Limits a sign or signs to twenty Limits businesses to one wall sign not percent (20%) of the area of the front exceeding one square foot of sign area fox face. each foot of fa ode fronta e Where abutting residential districts, adequate BTD requires a minimum 10' landscaped screening and landscaping shall be provided as buffer if the property abuts a residential set forth in Section 8.10. district. The landscaping shall be densely planted so as to provide a year round 100% Section 8.10 sets forth the specifications for visual screen. Mature heights must exceed species, size, and placement of landscaping, but 1 S', with screening being 8' tall within 5 does not stipulate commercial properties must years. meet a screenin re uirement. To aid in the consideration of this County case, planning staff felt it appropriate to consider the Village's standards for rezoning to determine if this county request meets them. These standards are as follows: The amendment promotes the public health, safety, comfort, convenience and general welfare and complies with the policies and official land use plan and other o~cial plans of the Village. The Village's Comprehensive plan designates this area as General Commercial in the Village of Plainfield. The property is currently residential and requesting rezoning with Will County. Upon such county requests, when the Village has jurisdiction to review a case, the Village strongly encourages annexation of contiguous properties, to ensure development of the property will emulate the Village's goals. It is the position of Village staff anal the Plan Commission that the safety, comfort, convenience and general welfare would be better met by annexing and designating the property with a Business Transition Zoning. A BTD zoning allows the property to T:\Cases\2003\Verheaghe - CC\Repocts\VB 8~-03.d°c MEMO TO PLAN COMMISSION COCJNTY CASE: VERHBAGHE 7/7/03 3 of 4 continue as asingle-family residence and/or be used for alaw-impact professional use. The County's C-2 zoning classification would permit uses beyond the scope of the BTD, allowing retail uses and permitting residential uses only as a special use. As the attached neighborhood use map shows, properties adjacent on the north, east, and west appear to be residential in nature, not commercial. The general welfare of the adjacent properties would be better preserved through the BTD classification, rather than a standard commercial zoning. 2. The trend of development in the area of the subject property is consistent with the requested amendment. While the County's C-2 zoning would permit some similar uses as the Village's BTD, the Village would like to ensure a compatibility of uses among adjacent properties in the area. While there are commercially zoned areas in the neighborhood, the adjacent properties (on the north side) all appear to be primarily single-family residences. For this reason, a BTD zoning seems more appropriate, since it allows a residential use to continue (as of right) but also permits some low intensity professional and commercial uses an the property. The BTD is mare of a transitional use, rather than a straight commercial zoning. Under a BTD, retail uses would only be permitted as a special use, and provides for restrictions on the special use if needed. Zn addition to the commercial use limitations in the BTD, screening from residences is also required (ten foot, 100% visual landscaped screening). Such screening mitigates negative impacts to adjacent residences. A zoning district that continues to allow use of the property as a residence with limited commercial uses seems more consistent with the existing uses in the neighborhood. 3. The requested zoning classification permits uses which are more suitable than the uses permitted under the existing zoning classification. Staff is concerned that some of the permitted uses in the County's C-2 zoning classification would exceed the present character of the immediate area. Staff feels the dominant character of the neighborhood is one of primarily residences with transitional- type commercial uses on the western edge (see neighborhood use map). Given this identified character, the BTD district which allows residential uses to continue and limits commercial uses to low-impact uses only with. retail as a special use (that could terminate or be rescinded if the use exceeds any conditions of approval), would be more suitable at this time, rather than a straight commercial classification. 4. The property cannot yield a reasonable use ifpermitted only under the conditions allowed under the existing zoning classification. The applicant has indicated that several potential purchasers have expressed interested only if it were zoned to allow offices or a commercial use. The Route 30 corridor is considered more commercial in nature rather than residential. However, residential uses continue in some areas. For this reason, as well as the Village's stricter standards on appearance (including signage and buffering), Staff feels it is more appropriate to for this property to annex into the Village. if it were incorporated, the property could have a BTD zoning allowing either residential or low intensity commercial uses. This would T:\Cases\2003\Vexheaghe - CC\Reports\VB 8-4-U3,doc MEMO TO PLAN COMMISSION COUNTY CASE: VERHEAGHE ~i~io3 ;4of4 promote a continued use of the property that would be compatible with the character of the surrounding area (both residential and commercial). S. The amendment, if granted, will oat alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property. The character of the area is mixed. The north side of Route 30 possesses primarily residences with commercial uses on the western perimeter in what appear to have formerly been single-family residences. The south side ofRaute 30 is zoned B-3 with uses such as commercial strip centers and automobile sales located in proximity to this property. While a rezoning to a commercial use would follow the trend of the area, staff feels the north side of Route 30 maintains a dominant residential use and character. The BTD zoning classification would promote this while allowing same low-impact uses as well. If, at a later date, a developer wishes to combine several properties fronting Route 30 and create a unified commercial development, then zoning to a commercial district would be more appropriate. However, at this time, this is premature. Rezoning to a straight commercial use, allowing a wider range of uses with more intense stapes of business may lend to a piecemeal and uncoordinated shift in the character of the neighborhood. This does not accomplish the goals of the Village's Comprehensive Plan. RECOMMENDATION At this point, a majority of the properties along the north side of Route 30 are unincorporated, residential structures. While some remain as residences, others are used commercially. Village Staff and the Plan Commission feel that to continue this character, yet provide for the gradual transition into commercial, a BTD zoning is appropriate. Such a zoning classification allows the structure to be used as asingle-family residence and allows some low-intensity commercial uses such as professional offices, business offices, and medical or dental offices. Retail uses would only be allowed if a special use were obtained. Staff and the Plan Commission also believe that due to it's contiguity to Village limits and the fact that the Comprehensive Plan anticipates a corridor entirely within the Village limits, it is important to facilitate such annexations where possible. Therefore, based on the Village's standards for rezoning and the difference in aesthetic regulations of commercial businesses between the Village and the County, Village Staff and the Plan Commission recommend this property be annexed and rezoned in the Village of Plainfield. Since the petitioner has declined the Village's request to annex and the rezoning does not meet the standards for rezoning as set forth in the Village's Zoning Ordinance, the following motion is recommended: 1' move we recommend forwarding a letter of objection to Will County regarding the applicant's request to rezone from R-3 to C-2 at 23128 Lincoln Highway. The Plan Commission has additionally requested that Village Staff attend the County meetings to present the Village's concerns in person, rather than just in a letter. Attachments: Location map Site photo Neighborhood use map T:\Cases\2003\Verheaghe - CC\RepOrts\VB 5-4-03.doc Neighborhood Use Map Route 3Q & Lily Cache Rd. \ ~ 'vim ~., ~,.....\.. ' ROD BAKE FOR BILL JACOBS HEVROLf~T '' LILY 'CACH E PLAZA .~ ,~ ~~ Tr ~~~ :~Z ~ S U BJ ECT ~P ~PARADISE / MOTORSI Verheaghe Property Context Map 'I Village of Plainfield Prepared by: Michael Hill, Planner July 10, 2003 ER MINKI 0' 100' 400' 50' 200' 800' Scale: 1" = 400' ~t~rr _ rfur...O1 giulll~~ ._ ~~1~ 1111 ~~ t !~ ~ ! ~II~~I~ury~lr..~.. !!~ VILLAGE OP PLAINFIELD ~ ~ ~ August 5, 2003 Ramya Bavikatte Will County Land Use Department 58 E. Clinton St., Suite 5.00 Joliet, IL 60432 RE: Verheaghe County Rezoning Request Dear Ramya: Richard A. Rock PRESIDENT Susan Janik VILLAGE CLERIC TRUSTEES Michael Collins Paul Fay Kathy O'Connell Ron Swalwell Stephen Thomson James A. Waldorf Last night, the Plainfield Village Board unanimously voted to send a letter of objection to Will County regarding the Verheaghe's request tp rezone 23128 Lincoln Highway from R-3 to C-2. The Village's Plan Commission and Board of Trustees were concerned about this property's compatibility to the Village's Comprehensive Plan as well as the differences in regulation if it were to be zoned commercially in the„County rather than the Village. The Village feels that the C-2 zoning would allow a wider range of uses than would currently be compatible with the immediate character of the area. Given that a majority of the adjacent properties are residentially zoned at this time, the Village feels a more transitional zoning that allows both residential and limited, low-impact business uses would be more appropriate. This is further demonstrated by considering the Village's findings of fact for rezoning, which are attached. These findings of fact determine that the property would be more appropriately designated with a Business Transition District (BTD) zoning. The Village also feels this property should be within the Village's corporate limits to help meet the goals of the Village's Comprehensive Plan for the Route 30 corridor. Please see the attached staff report to the Village Board which articulates these concerns. By way of this letter, the Village formally objects to the rezoning of this property in unicarporated Will County from R-3 to C-2. The Village appreciates the County's careful consideration of this request. With cases, such as these,. the Village is dedicated to ensuring that not only compatible uses are maintained, but that the Village ' limits are made more logical and orderly. Should yvu have any questions, please feel free to contact me at (815).'439-2824.. Yu' ~= WILL COIUrI"TY LAND USE DEPA1t.rMENT ~'~;.~ 58 East Clinton Street • Suite 500 Joliet, Illlinais 60432 + (81 5) 774-3321 {(~~yy~~ ' •.. ~ ~ APpLICgTION FOR BONING REQUEST MAP AMENDMENT, SPECIAL USE PERMIT, OR VARIANGE i.9.raY q 6 2003 PART A: Please Type or Print Legibly in All Spaces. r' T tAG ~I ~ c Name(s) of Property owner(s): Address(es):. _r--_- P. O. Box: ( ~1~~1,41 Fax#: '-f~ Phone(s): Owner Represented by: ~~ ~~ -- Address, of Representative: r~~ ~, P. O. Box: Daytime Phone: PART B: GENERAL CASE INFORMATION ZONING REQUEST(S): PURPOSE OF REQUEST: ~`~ e• ~ C'a -~ EXISTING ZONING: ~~=~°v~+~tiJ` - `~='~ Surrounding Zoning: North ~¢`~..cy°-~^~"~ '~ 3 - East South __ _ ----- West _ QS.~ ~ ~ EXISTING LAND USE: - _ South ~ f Surrounding Land Use: North ~ ~~-~ ~-- ~~~ East C West ~Gc~ ~ Z. - SANITARY SYSTEM: ~ septic field ~ mechanical ~ central sewer ~ public water / wcll TAX NUMBER(S): t~~ ~ ~ a ~ ~ ADDRESS OF PROPERTY: ~ i ~ I ~ L ~ ~~y4 LOCATION.OF PROPERTY: w. L\ nC~,~ US ~~' ~ ~ PARCELDIMENSION5:~,5t-~ ~(~~~~ ACREAGE: ~ 1/ - STREET FRONTAGE: ~gC~pp;_.ti~~7s ~- ~U DATE WHEN PARCEL WAS MADE A LOT OF RECORD? ~~ ~ ~T 7 ~'~ IF SPECIAL USE PERMITTO REMAIN A-1/DATE WHEN HOUSE WAS ERECTED: "'^' FOR OFFICE USE ONLY CA5E NUMBER: ~_ TOWNSHIPISECTION: .. FILINO. DATE: DATE PROCESSED: ~,~~ PZC DATE: ~ „_,_, ,^~.., LAND USE DATE: COUNTY BOARD BATE: _ FINAL ACTION: APPLICA'P10N PA~~ 1 t)F 3 Memo PERSONAL AND CONFIDENTIAL/ATTORNEY CLIENT PRIVILEGED COMMUNICATION TO: President Rock and Board of Trustees FROM: James B. Harvey, Village Attorney DATE: August 7, 2003 RE: Verheaghe Rezoning -Will County Case The Board directed staff at the August 4, 2003 meeting to send a letter of objection to the proposed rezoning of the property located at 23128 Lincoln Highway from Single Family Residential District (R-3) to Community Shopping District (C-2). Additionally, under Illinois law, if a proposed rezoning lies within one and one half miles of our boundaries, we are able to file a resolution objecting to the proposed rezoning. Such resolution, when filed with the County Clerk, requires that any proposed rezoning amendment be passed by the favorable vote of three-fourths (3/4) of all the members of the County Board. Based on the comments and direction of both the Plan Commission and the Village Board, I have taken the liberty of preparing a proposed resolution. lilrr ium...•u~ ~~,~~~u~'~ VILLAGE OP PLAINFIELD Richard A. Rock ARESIDENT Susan Janik VILLAGE CLL•RY: TRUSTEES Michael Collins Paul I'ay August 22, 2003 Kathy O'Connell Ron Swalwell Ms. Nancy Schultz Voots Stephen Thomson Will County Clerk's Office James A. Waldorf 302 N. Chicago Street Jaliet,lL F0431 Dear Nancy, Please file the following certified Resolution objecting to rezoning: Resolution No. 1380 objecting to the proposed rezoning of property located at 23128 Lincoln Highway, Plainfield Township. Please send to my attention a Certificate of the filing of this objection, and if you have any questions do not hesitate to contact me. Since ly, :{~`~ Susan Janik, CM '` Village Clerk ?400t) u,%. Lockport Street Plainfield, IL ~0~44 Phone (S1S) 436-7093 Fax (815) 436-150 ~~%eb wwwpla org rrrr ~ r~rry, e,`nv~rr aF eew b `' ~' ~ "- '~ r ~:~~ ~t* '` ~' ~`=~ i Will County Of`Pice Building 302 North Chicago itreet Joliet, Illinois 6Q432 August 2S, 2003 Susan Janik, Village Clerk Village of Plainfield 24000 W. Lockport St. Plainfield,lL 60544 Dear Sue: TElep hoan.e: 815/'740-4Fi 1 B Fax: 815!'740-4699 W eb eite : www. willclrk. corn We are in receipt of Resolution No. 1380 objecting to the proposed zoning of property located at 23128 Lincoln. Hwy., Plainfield Township. Please accept this letter as your Certificate of Filing. if you have any questions, please contact my office. Sincerely, ~~ Nanc Schultz Voots Will Caunty Clerk ~,~1~~T ~C~l°ll.l~~ V®~tS LV'i1'1 C'oux~ ~y' rClerl~ NSV/bag