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HomeMy Public PortalAbout03-05-24 ZBA & Plan Commission Agenda PacketZoning Board of Appeals & Plan Commission Tuesday, March 05, 2024 7:00 PM Village Boardroom 24401 W. Lockport Street Plainfield, IL 60544 Agenda ZONING BOARD OF APPEALS CALL TO ORDER, PLEDGE OF THE FLAG, ROLL CALL APPROVAL OF MINUTES Seeking a motion to approve the Minutes of the Zoning Board of Appeals held on October 17, 2023. 10-17-23 ZBA Minutes PUBLIC COMMENTS DEVELOPMENT REPORT OLD BUSINESS NEW BUSINESS 1.11948 S. AERO DR. (CASE 2044-012224.AA.REZ.VAR.SU) PUBLIC HEARING 1.a.Seeking a motion to open a Public Hearing for the proposed variance for the property located at 11948 S. Aero Drive. 1.b.Seeking a motion to close the Public Hearing for the proposed variance for the property located at 11948 S. Aero Drive. 1.c.Seeking a motion to adopt the findings of fact of staff as the findings of fact of the Zoning Board of Appeals and recommend approval of a variance to allow the property to be under the required minimum lot size for the B-3 zone district. 11948 S. Aero Dr. Staff Report Packet 1 Zoning Board of Appeals & Plan Commission Page - 2 DISCUSSION ADJOURN PLAN COMMISSION CALL TO ORDER, ROLL CALL APPROVAL OF MINUTES Seeking a motion to approve the Minutes of Plan Commission meeting held on February 20, 2024. 02-20-24 Plan Commission Minutes PUBLIC COMMENTS DEVELOPMENT REPORT OLD BUSINESS NEW BUSINESS 1.11948 S. AERO DR. (CASE 2044-012224.AA.REZ.VAR.SU) PUBLIC HEARING 1.a.Seeking a motion to open a Public Hearing for the proposed annexation, re-zoning, and special use for the property located at 11948 S. Aero Drive. 1.b.Seeking a motion to close the Public Hearing for the proposed annexation, re-zoning, and special use for the property located at 11948 S. Aero Drive. 1.c.Seeking a motion to recommend approval of the requested annexation of the parcel at 11948 S Aero Drive as a logical extension of the Village of Plainfield’s municipal boundary. 11948 S. Aero Dr. Staff Report Packet 1.d.Seeking a motion to adopt the findings of fact of staff as the findings of fact of the Plan Commission and recommend approval of the requested map amendment (re-zoning) of the subject site from R-1 to B-3. 1.e.Seeking a motion to adopt the findings of fact of staff as the findings of fact of the Plan Commission and recommend approval of the requested special use for an adult-use cannabis dispensary. 2.ZONING ORDINANCE TEXT AMENDMENTS (CASE 2045-020824.TA) PUBLIC HEARING 2.a.Seeking a motion to open a Public Hearing for the proposed text amendments to the 2 Zoning Board of Appeals & Plan Commission Page - 3 Village of Plainfield Zoning Ordinance. 2.b.Seeking a motion to close the Public Hearing for the proposed text amendments to the Village of Plainfield Zoning Ordinance. 2.c.Seeking a motion to recommend approval of the proposed text amendments to the Village of Plainfield Zoning Ordinance as outlined in the staff report and attachments Text Amendment Staff Report Packet DISCUSSION ADJOURN REMINDERS - March 11th - Committee of the Whole Workshop at 7:00 p.m. March 14th - Historic Preservation Commission at 7:00 p.m. March 18th - Village Board Meeting at 7:00 p.m. March 20th - Plan Commission at 7:00 p.m. (Wednesday) 3 Zoning Board of Appeals Record of Minutes Date: October 17, 2023 Location: Village Hall CALL TO ORDER AND PLEDGE Chairman Minnis called the Zoning Board of Appeals meeting to order at 7:00 p.m. and led the Pledge. ROLL CALL Present: Commissioners Campanella, Faheem, Goins, Nicholson, Valerga, Womack and Chairman Minnis Absent: Commissioner Heinen Staff: Jake Melrose, Economic Development Director Basmah Nadeem, Associate Planner APPROVAL OF MINUTES Commissioner Valerga made a motion to approve the Minutes of Zoning Board of Appeals meeting held on September 5, 2023 as amended. Second by Commissioner Nicholson. The motion carried unanimously by voice vote: PUBLIC COMMENTS No Public Comments. DEVELOPMENT REPORT Mr. Melrose stated the Development Report will be provided during the proceeding Plan Commission meeting. OLD BUSINESS No Old Business. NEW BUSINESS 25919 W. CANYON BLVD. (CASE 2027-092223.VAR) Commissioner Valerga made a motion to open the public hearing. Second by Commissioner Nicholson. The motion carried unanimously by voice vote: Ms. Nadeem provided an overview of the variance request. Chairman Minnis swore in Ashley Muscolino, resident. Ms. Muscolino explained the fence variance. Chairman Minnis asked for public comments and there was no response. There was discussion about whether the fence needs to be a privacy fence, the bus stop concern, changing the size of the pool, fence style, the pool placement, how the Building Code affects the pool placement, and the uniqueness of the lot. Ayes: Campanella, Goins, Nicholson, Valerga, Womack and Minnis Nays: None Absent: Heinen Ayes: Campanella, Goins, Nicholson, Valerga, Womack and Minnis Nays: None Absent: Heinen 4 Zoning Board of Appeals Minutes August 15, 2023 Page 2 of 2 Commissioner Faheem left the meeting during commissioner comments. Commissioner Womack suggested having the Village Engineer check grading, so it does not negatively affect/impact the drainage easement. Commissioner Valerga made a motion to close the public hearing. Second by Commissioner Womack. The motion carried unanimously by voice vote: Commissioner Womack made a motion to adopt the findings of fact of staff as the findings of fact of the Zoning Board of Appeals and recommend approval of a variance to permit a pool with paver surround encroaching in the corner side yard along with a fence variance to permit a 5-foot closed, private fence for the property located at 25919 W. Canyon Boulevard, contingent on the stipulations in the staff report. 1. Compliance with the requirements of the Village Engineer; and 2. Compliance with the requirements of the Building Department. Second by Commissioner Goins. Chairman Minnis called for a vote by roll call. The motion carried 4:2. DISCUSSION No Discussion. ADJOURN Zoning Board of Appeals meeting adjourned at 7:27 p.m. Respectfully submitted by Tracey Erickson Tracey Erickson, Recording Secretary Click here to view the video of the meeting. Ayes: Campanella, Goins, Nicholson, Valerga, Womack and Minnis Nays: None Absent: Heinen Ayes: Goins, Nicholson, Womack, and Minnis Nays: Campanella and Valerga Absent: Heinen 5 TO: PLAN COMMISSION FROM: ALYSSA MARTIN, AICP, PLANNER DATE: MARCH 5, 2024 SUBJECT: REPORT TO THE PLAN COMMISSION 11948 S AERO DRIVE CASE NUMBER 2044-012224.AA.REZ.VAR.SU REQUEST: Annexation, Map Amendment, Variance, Special Use (Public Hearing) LOCATION: 11948 S Aero Drive, West of RT 59 and south of 119th St APPLICANT: Monsaur Othman ZONING: Existing: Will County I1 Industrial Proposed: B-3 – Highway Business District COMP. PLAN: General Commercial DISCUSSION The applicant is seeking annexation, rezoning, variance, and special use to develop an adult-use cannabis facility, located at 11948 S Aero Drive, west of RT 59 and south of 119th Street. If approved, Site Plan Review will be required where detailed aspects of the development would be required at that time. Currently, there are no utilities servicing the site and utilities will need to be extended from the future Woodman’s development to the north or extended independently prior to the Woodman’s development. A rezoning is required as all annexations into the Village begin with an R-1 zoning designation. A variance is required due to the fact the site is approximately 32,163 square feet (0.74 acres), where a minimum lot size of 43,560 square feet (1 acre) is required in the B-3 zone district. Existing Conditions/Site Context The subject property is currently unincorporated vacant land and is 32,163 square feet (0.74 acres). The adjacent land uses, zoning, and street classifications are as follows: North: Will County I1-Industrial, commercial uses, Woodman’s north of 119th Street East: Will County I1-Indutrial, commercial uses/offices JOHN F. ARGOUDELIS PRESIDENT Michelle Gibas VILLAGE CLERK TRUSTEES Margie Bonuchi Patricia T. Kalkanis Richard Kiefer Cally J. Larson Tom Ruane Brian Wojowski 6 REPORT TO THE PLAN COMMISSION Page #2 of 5 2044-012224.AA.REZ.VAR.SU 2/20/2024 11948 S AERO DRIVE South: Will County I1-Industrial, commercial uses/offices West: S RT 59 (Major Arterial) ANALYSIS Annexation The applicant is seeking to annex into the Village of Plainfield by annexation agreement. The subject parcel is contiguous to the Village of Plainfield’s municipal boundary (to the west). The subject site is also included in the Village’s boundaries within the “Future Land Use Plan” of the Village’s Comprehensive Plan. Staff submits that annexation of the property would be a logical extension of the Village’s boundaries. Map Amendment (Re-Zoning) Upon annexation, the subject property is given a R-1 (Low Density Single-Family) zoning designation. In order for the Plan Commission to recommend approval of the requested map amendment to B-3 (Highway Business District), it must make the following findings of fact based on evidence presented. a. That the rezoning promotes the public health, safety, comfort, convenience, and general welfare, and complies with the polices and plans of the Village; The proposed rezoning would comply with the Village Code and matches the proposed future uses per the Village Future Land Use Map. The surrounding area is commercial or industrial uses and any B-3 use would not directly impact any residential areas. b. That the trend of development in the area is consistent with the requested rezoning; The trend of development in the area is largely commercial uses. As mentioned previously, the existing surrounding uses are all commercial or industrial, and Woodman’s Food Market will be built north of 119th in the next year or so, along with multiple outlots with various commercial uses permitted. c. That the new zoning requested allows uses that are more suitable than those allowed under the existing zoning; Staff believes that the proposed B-3 zoning is more appropriate than the default R-1 zoning that would be established following annexation. The subject property is within an approved business park with surrounding commercial uses. Staff finds a commercial use fits much more appropriately in the area than would a single-family residence. d. That the property cannot yield a reasonable use under the existing zoning; and As stated above, staff believes the location would not be conducive to a single-family residence, therefore the R-1 zoning designation would be limiting the potential of the site. 7 REPORT TO THE PLAN COMMISSION Page #3 of 5 2044-012224.AA.REZ.VAR.SU 2/20/2024 11948 S AERO DRIVE e. That the rezoning would not alter the essential character of the neighborhood, nor would it be a substantial detriment to adjacent properties. Staff notes the context of the area is existing. A business use such as is allowed in the B-3 zone district would fit seamlessly with the other commercial uses in the area. Variance In accordance with Section 9-33 of the Village’s Zoning Ordinance, the Zoning Board of Appeals shall not recommend approval of, nor shall the Village Board grant a variance from the regulations of the Zoning Ordinance unless it makes the following findings based on the evidence presented: a) The variance is in harmony with the general purpose and intent of this Zoning Ordinance; The intent of the minimum lot size in the B-3 zone district is to provide adequate space for commercial development. While a quarter acre short of the minimum requirement, staff feels this site still has adequate space for development conducive to the area without going against the intent of the Village Ordinance. b) The plight of the owner is due to unique circumstances and thus strict enforcement of the zoning ordinance would result in practical difficulties or impose exceptional hardships due to the special and unusual conditions that are not generally found on other properties in the same zoning district; As previously mentioned, the property’s practical use would be B-3 zoning. Without a variance granted, the property would not meet minimum lot size requirements for the zone district, and therefore pose an exceptional hardship on the owner by severely limiting potential uses for the lot. c) The property cannot yield a reasonable use if permitted only under the conditions allowed by the Zoning Ordinance; and Staff determines this finding is met due to previously discussed reasoning. d) The variance, if granted, will not alter the essential character of the locality and will not be a substantial detriment to adjacent property. As this lot has existed previously under Will County’s jurisdiction, granting the variance will not change the essential existing character of the area. Special Use for Adult-Use Cannabis Dispensary In order for the Plan Commission to recommend approval of a special use, it must make two findings of fact, as follows: 8 REPORT TO THE PLAN COMMISSION Page #4 of 5 2044-012224.AA.REZ.VAR.SU 2/20/2024 11948 S AERO DRIVE a.) The special use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish property values within the neighborhood; and Staff finds that the special use will not be injurious to the use and enjoyment of other properties, nor will it diminish property values in the immediate area. The subject site is surrounded by commercial properties, ensuring that it meets the standards for the neighborhood. b.) The establishment of the special use will not impede the normal and orderly development and improvement of the adjacent properties for uses permitted in the subject zoning district. Staff submits that the proposed use will not impose on the normal and orderly development for adjacent properties in the subject zoning district. As mentioned previously, the site is surrounded by commercial and the use meets the required 250- foot buffer from residential, daycares etc. in the Village code. However, the lack of utilities may pose an issue for timing of the development. Since only one cannabis dispensary permit is allowed north of Lockport Street, if the applicant cannot obtain utilities in a timely manner or is not financially feasible, another viable property for a cannabis dispensary would be stalled from moving forward. CONCLUSION/RECOMMENDATION In conclusion, staff submits that the proposed project represents a logical extension of the Village’s boundaries and that the findings of fact have been demonstrated to support the proposed map amendment (re-zoning) and variance. Staff is seeking input from the Plan Commission regarding the special use for an adult-use cannabis dispensary at the subject site. Prior to public comments during the public hearing and discussion from the Plan Commission, staff recommends approval of the annexation, rezoning, and variance, and is seeking input regarding the special use. Should the Plan Commission approve the request, the following motions are offered for your consideration: Annexation I move we recommend approval of the requested annexation of the parcel at 11948 S Aero Drive as a logical extension of the Village of Plainfield’s municipal boundary. Map Amendment (Re-Zoning) I move we adopt the findings of fact of staff as the findings of fact of the Plan Commission and recommend approval of the requested map amendment (re-zoning) of the subject site from R-1 to B-3. Variance I move we adopt the findings of fact of staff as the findings of fact of the Zoning Board of Appeals and recommend approval of a variance to allow the property to be under the required minimum lot size for the B-3 zone district. 9 REPORT TO THE PLAN COMMISSION Page #5 of 5 2044-012224.AA.REZ.VAR.SU 2/20/2024 11948 S AERO DRIVE Special Use Permit I move we adopt the findings of fact of staff as the findings of fact of the Plan Commission and recommend approval of the requested special use for an adult-use cannabis dispensary. 10 11 12 Plan Commission Record of Minutes Date: February 20, 2024 Location: Village Hall CALL TO ORDER Chairman Pro-Tem Heinen called the Plan Commission meeting to order at 7:00 p.m. PLEDGE TO THE FLAG Chairman Pro-Tem Heinen led the pledge to the flag. ROLL CALL Present: Commissioners Campanella, Faheem, Goins, Nicholson, Sula, Valerga, Womack, and Chairman Pro-Tem Heinen Absent: Chairman Minnis Staff: Jonathan Proulx, Planning Director APPROVAL OF MINUTES Commissioner Nicholson made a motion to approve the Minutes of Plan Commission meeting held on February 6, 2024 as presented. Second by Commissioner Valerga. The motion carried unanimously by voice vote: PUBLIC COMMENTS No Public Comments. Chairman Pro-Tem Heinen reopened public Comments after the conclusion of New Business. Chairman Pro-Tem Heinen swore in Jeff Kur and he wanted to recognized Terry Burkhart former Village Administrator since he has recently passed. Mr. Proulx added his condolences. DEVELOPMENT REPORT Mr. Proulx provided an update on the following: Autumn Glen Subdivision and Downtown Parking Study. OLD BUSINESS No Old Business. NEW BUSINESS KELLER FARM UNIT 1 (CASE 2042-011724.FP.SSA) Ms. Proulx introduced the proposed final plat application. Chairman Pro-Tem Heinen swore in Russ Whitaker, attorney; and Rick Katz, engineer representing the applicant. Ayes: Campanella, Goins, Nicholson, Valerga, Womack and Heinen Nays: None Absent: Minnis 13 Plan Commission Minutes February 20, 2024 Page 2 of 3 There was discussion regarding stormwater detention, ownership of the park areas, parkway trees along Wallin Dr., and crosswalks on Wallin Dr. and Lockport St. Commissioner Womack suggested enhanced landscaping between the townhome’s driveways. Commissioner Sula suggested increasing the number of benches at the north park sites and adding a tree near the benches in the south park site. Commissioner Valerga made a motion to recommend approval of the final plat of subdivision for Keller Farm Subdivision Unit One, subject to the following two (2) stipulations: 1. Compliance with the requirements of the Village Engineer; and 2. Compliance with the requirements of the Plainfield Fire Protection District. Commissioner Nicholson seconded the motion. The motion carried 6:0 by roll call vote. LOCKLEY PARK (CASE 2043-011924.FP.SSA) Ms. Proulx introduced the proposed final plat application. Chairman Pro-Tem Heinen swore in Russ Whitaker, attorney representing the applicant, Scott Barenbrugge, M/I Homes. There was discussion regarding the detention in POD 3. Chairman Pro-Tem Heinen suggested decreasing the elevation of the detention pond in POD 3. Commissioner Valerga made a motion to recommend approval of the Final Plat of Subdivision for Lockley Park, subject to the following two (2) stipulations: 1. Compliance with the requirements of the Village Engineer; and 2. Compliance with the requirements of the Plainfield Fire Protection District. Commissioner Nicholson seconded the motion. The motion carried 6:0 by roll call vote. DISCUSSION No Discussion. Chairman Pro-Tem Heinen read the reminders. Ayes: Campanella, Goins, Nicholson, Valerga, Womack and Heinen Nays: None Absent: Minnis Ayes: Campanella, Goins, Nicholson, Valerga, Womack and Heinen Nays: None Absent: Minnis 14 Plan Commission Minutes February 20, 2024 Page 3 of 3 ADJOURN Commissioner Goins made a motion to adjourn. Second by Commissioner Valerga. The motion carried unanimously by voice vote: Chairman Pro-Tem Heinen adjourned the Plan Commission meeting at 7:45 p.m. Respectfully submitted by Tracey Erickson Tracey Erickson, Recording Secretary Click here to view the video of the meeting. Ayes: Campanella, Goins, Nicholson, Valerga, Womack and Heinen Nays: None Absent: Minnis 15 TO: PLAN COMMISSION FROM: ALYSSA MARTIN, AICP, PLANNER DATE: MARCH 5, 2024 SUBJECT: REPORT TO THE PLAN COMMISSION 11948 S AERO DRIVE CASE NUMBER 2044-012224.AA.REZ.VAR.SU REQUEST: Annexation, Map Amendment, Variance, Special Use (Public Hearing) LOCATION: 11948 S Aero Drive, West of RT 59 and south of 119th St APPLICANT: Monsaur Othman ZONING: Existing: Will County I1 Industrial Proposed: B-3 – Highway Business District COMP. PLAN: General Commercial DISCUSSION The applicant is seeking annexation, rezoning, variance, and special use to develop an adult-use cannabis facility, located at 11948 S Aero Drive, west of RT 59 and south of 119th Street. If approved, Site Plan Review will be required where detailed aspects of the development would be required at that time. Currently, there are no utilities servicing the site and utilities will need to be extended from the future Woodman’s development to the north or extended independently prior to the Woodman’s development. A rezoning is required as all annexations into the Village begin with an R-1 zoning designation. A variance is required due to the fact the site is approximately 32,163 square feet (0.74 acres), where a minimum lot size of 43,560 square feet (1 acre) is required in the B-3 zone district. Existing Conditions/Site Context The subject property is currently unincorporated vacant land and is 32,163 square feet (0.74 acres). The adjacent land uses, zoning, and street classifications are as follows: North: Will County I1-Industrial, commercial uses, Woodman’s north of 119th Street East: Will County I1-Indutrial, commercial uses/offices JOHN F. ARGOUDELIS PRESIDENT Michelle Gibas VILLAGE CLERK TRUSTEES Margie Bonuchi Patricia T. Kalkanis Richard Kiefer Cally J. Larson Tom Ruane Brian Wojowski 16 REPORT TO THE PLAN COMMISSION Page #2 of 5 2044-012224.AA.REZ.VAR.SU 2/20/2024 11948 S AERO DRIVE South: Will County I1-Industrial, commercial uses/offices West: S RT 59 (Major Arterial) ANALYSIS Annexation The applicant is seeking to annex into the Village of Plainfield by annexation agreement. The subject parcel is contiguous to the Village of Plainfield’s municipal boundary (to the west). The subject site is also included in the Village’s boundaries within the “Future Land Use Plan” of the Village’s Comprehensive Plan. Staff submits that annexation of the property would be a logical extension of the Village’s boundaries. Map Amendment (Re-Zoning) Upon annexation, the subject property is given a R-1 (Low Density Single-Family) zoning designation. In order for the Plan Commission to recommend approval of the requested map amendment to B-3 (Highway Business District), it must make the following findings of fact based on evidence presented. a. That the rezoning promotes the public health, safety, comfort, convenience, and general welfare, and complies with the polices and plans of the Village; The proposed rezoning would comply with the Village Code and matches the proposed future uses per the Village Future Land Use Map. The surrounding area is commercial or industrial uses and any B-3 use would not directly impact any residential areas. b. That the trend of development in the area is consistent with the requested rezoning; The trend of development in the area is largely commercial uses. As mentioned previously, the existing surrounding uses are all commercial or industrial, and Woodman’s Food Market will be built north of 119th in the next year or so, along with multiple outlots with various commercial uses permitted. c. That the new zoning requested allows uses that are more suitable than those allowed under the existing zoning; Staff believes that the proposed B-3 zoning is more appropriate than the default R-1 zoning that would be established following annexation. The subject property is within an approved business park with surrounding commercial uses. Staff finds a commercial use fits much more appropriately in the area than would a single-family residence. d. That the property cannot yield a reasonable use under the existing zoning; and As stated above, staff believes the location would not be conducive to a single-family residence, therefore the R-1 zoning designation would be limiting the potential of the site. 17 REPORT TO THE PLAN COMMISSION Page #3 of 5 2044-012224.AA.REZ.VAR.SU 2/20/2024 11948 S AERO DRIVE e. That the rezoning would not alter the essential character of the neighborhood, nor would it be a substantial detriment to adjacent properties. Staff notes the context of the area is existing. A business use such as is allowed in the B-3 zone district would fit seamlessly with the other commercial uses in the area. Variance In accordance with Section 9-33 of the Village’s Zoning Ordinance, the Zoning Board of Appeals shall not recommend approval of, nor shall the Village Board grant a variance from the regulations of the Zoning Ordinance unless it makes the following findings based on the evidence presented: a) The variance is in harmony with the general purpose and intent of this Zoning Ordinance; The intent of the minimum lot size in the B-3 zone district is to provide adequate space for commercial development. While a quarter acre short of the minimum requirement, staff feels this site still has adequate space for development conducive to the area without going against the intent of the Village Ordinance. b) The plight of the owner is due to unique circumstances and thus strict enforcement of the zoning ordinance would result in practical difficulties or impose exceptional hardships due to the special and unusual conditions that are not generally found on other properties in the same zoning district; As previously mentioned, the property’s practical use would be B-3 zoning. Without a variance granted, the property would not meet minimum lot size requirements for the zone district, and therefore pose an exceptional hardship on the owner by severely limiting potential uses for the lot. c) The property cannot yield a reasonable use if permitted only under the conditions allowed by the Zoning Ordinance; and Staff determines this finding is met due to previously discussed reasoning. d) The variance, if granted, will not alter the essential character of the locality and will not be a substantial detriment to adjacent property. As this lot has existed previously under Will County’s jurisdiction, granting the variance will not change the essential existing character of the area. Special Use for Adult-Use Cannabis Dispensary In order for the Plan Commission to recommend approval of a special use, it must make two findings of fact, as follows: 18 REPORT TO THE PLAN COMMISSION Page #4 of 5 2044-012224.AA.REZ.VAR.SU 2/20/2024 11948 S AERO DRIVE a.) The special use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish property values within the neighborhood; and Staff finds that the special use will not be injurious to the use and enjoyment of other properties, nor will it diminish property values in the immediate area. The subject site is surrounded by commercial properties, ensuring that it meets the standards for the neighborhood. b.) The establishment of the special use will not impede the normal and orderly development and improvement of the adjacent properties for uses permitted in the subject zoning district. Staff submits that the proposed use will not impose on the normal and orderly development for adjacent properties in the subject zoning district. As mentioned previously, the site is surrounded by commercial and the use meets the required 250- foot buffer from residential, daycares etc. in the Village code. However, the lack of utilities may pose an issue for timing of the development. Since only one cannabis dispensary permit is allowed north of Lockport Street, if the applicant cannot obtain utilities in a timely manner or is not financially feasible, another viable property for a cannabis dispensary would be stalled from moving forward. CONCLUSION/RECOMMENDATION In conclusion, staff submits that the proposed project represents a logical extension of the Village’s boundaries and that the findings of fact have been demonstrated to support the proposed map amendment (re-zoning) and variance. Staff is seeking input from the Plan Commission regarding the special use for an adult-use cannabis dispensary at the subject site. Prior to public comments during the public hearing and discussion from the Plan Commission, staff recommends approval of the annexation, rezoning, and variance, and is seeking input regarding the special use. Should the Plan Commission approve the request, the following motions are offered for your consideration: Annexation I move we recommend approval of the requested annexation of the parcel at 11948 S Aero Drive as a logical extension of the Village of Plainfield’s municipal boundary. Map Amendment (Re-Zoning) I move we adopt the findings of fact of staff as the findings of fact of the Plan Commission and recommend approval of the requested map amendment (re-zoning) of the subject site from R-1 to B-3. Variance I move we adopt the findings of fact of staff as the findings of fact of the Zoning Board of Appeals and recommend approval of a variance to allow the property to be under the required minimum lot size for the B-3 zone district. 19 REPORT TO THE PLAN COMMISSION Page #5 of 5 2044-012224.AA.REZ.VAR.SU 2/20/2024 11948 S AERO DRIVE Special Use Permit I move we adopt the findings of fact of staff as the findings of fact of the Plan Commission and recommend approval of the requested special use for an adult-use cannabis dispensary. 20 21 22 TO: PLAN COMMISSION FROM: ALYSSA MARTIN, AICP, PLANNER DATE: MARCH 5, 2024 SUBJECT: REPORT TO THE PLAN COMMISSION TEXT AMENDMENTS TO THE ZONING CODE CASE NUMBER 2045-020824.TA REQUEST: Zoning Ordinance Text Amendments (Public Hearing) APPLICANT: Village of Plainfield DISCUSSION Two text amendments to the Village Ordinance are proposed; one relating to accessory structures on jointly owned lots, and one relating to massage establishments. The first amendment would allow accessory structures to be built across common lot lines for parcels under common ownership in very specific situations. The need for the text amendment arose from issues in certain Village subdivisions where two separate lots are conveyed under one ownership and cannot be sold separately from each other. Lot owners expressed needing flexibility in locations of proposed accessory structures, such as pools, that would otherwise not fit onto one parcel. An example of this scenario is provided as an attachment. The text amendment would prevent the need for lot replating, as was required in the past. If a property has two lots with a common lot line under one ownership and the lots must be sold jointly through a legal certificate illustrated on a plat, an accessory building or structure can be constructed on the common lot line with the proposed text amendment. The next amendment to the zoning ordinance is to make a special use approval null and void if the subject property is found to be conducting illegal activity. In this instance, the special use would no longer be valid, and any new business would require new special use approval. In addition, specific provisions regarding massage establishments will be added as well. The amendment would prohibit massage establishment owners from ever being issued another permit in the Village if found to be conducting illegal activity on site. Also, the subject property would not be eligible for another special use approval for a massage establishment for two years from the date of revocation. The suggested code sections for each text amendment are given in the attached draft ordinance. CONCLUSION/RECOMMENDATION Staff recommends approval of these two text amendments. Should the Plan Commission support the proposed text amendments, as may be modified following discussion, the following motion is offered for your consideration: John F. Argoudelis PRESIDENT Michelle Gibas VILLAGE CLERK TRUSTEES Margie Bonuchi Patricia T. Kalkanis Richard Kiefer Cally Larson Tom Ruane Brian Wojowski 23 REPORT TO THE PLAN COMMISSION Page #2 of 2 2033-120523.TA 02/07/2023 TEXT AMENDMENTS TO THE ZONING CODE I move we recommend approval of the proposed text amendments to the Village of Plainfield Zoning Ordinance as outlined in the staff report and attachments. 24 ORDINANCE NO. AN ORDINANCE PROVIDING FOR CERTAIN TEXT AMENDMENTS TO THE VILLAGE OF PLAINFIELD ZONING ORDINANCE TO INCLUDE VIDEO GAMING AND AMEND THE ESTABLISHED ZONING DISTRICTS NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS THAT CERTAIN SECTIONS OF CHAPTER 9 OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD BE AMENDED, AS FOLLOWS: I. That Chapter 9, Section 9-16 (1). – Accessory buildings, structures, and uses of land., is hereby amended to add the following under (1) Location: c. If a property has two lots with a common lot line under one ownership and the lots can only be sold jointly through a legal certificate illustrated on a plat, an accessory building or structure may be constructed on or over the common lot line. i. Any setback applicable to the common lot line shall not apply. ii. Any building or structure shall not be built in any easement or designated floodplain, floodway, or wetland. iii. The plat certificate identifying the lots must be sold jointly shall be provided as a part of the building permit application. iv. All other Village regulations related to accessory structures shall apply. II. That Chapter 9, Section 9-37 –Special uses., is hereby amended to amend and add the following language to (9): (9) Lapse of approval, discontinuance, and revocation. If a property with a special use is found to contain illegal activity, the special use shall be null and void. a. Massage establishments. If a massage establishment’s special use permit is void due to illegal activity the following applies: i. No license or permit for a massage establishment shall be granted by the Village in the future to the business owners of the subject establishment. ii. No license or permit for a massage establishment shall be granted for two years from the date the special use is voided due to illegal activity at the subject location. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as required by law. 25 PASSED THIS ______ DAY OF ____________, 2024. AYES: NAYS: ABSENT: APPROVED THIS ______ DAY OF ____________, 2024. VILLAGE PRESIDENT ATTEST: VILLAGE CLERK 26 R E V I S I O N S No.DATE DESCRIPTION BY 221-1333-GP DETAILED GRADING PLAN DETAILED GRADING PLAN Ruettiger, Tonelli & Associates, Inc. Surveyors Engineers Planners Landscape Architects G.I.S. Consultants 129 CAPISTA DRIVE - SHOREWOOD, ILLINOIS 60404 website: www.ruettigertonelli.com PH. (815) 744-6600 FAX (815) 744-0101 LOT 408 LOT 408 A LOT 409 LOT 409 A LOT 407 LOT 407 A OUTLOT "C" WALLOON LAKE WOOD DUCK DRIVETHIS IS NOT A BOUNDARY SURVEY N:\Tech\2021\1333\Surveying\Individual lots\21-1333 Base Drawing.dwg, Model, 8/21/2023 07:49:32, emaksimavicius27