Zoning Board of Appeals

150 West Jefferson Street City of Joliet Joliet, IL 60432 Zoning Board of Appeals Meeting Minutes Board Members Ed Hennessy Vincent Alessio Charles McCauley Bob Nachtrieb Jim Riggs Colette Safford Brigette Fiday Thursday, December 10, 2020 4:00 PM City Hall, Council Chambers (SPECIAL MEETING) The Governor’s Office and the Illinois Department of Public Health activated a Tier 3 mitigation plan for all regions of the State of Illinois, effective Friday, November 20, 2020. In an effort to support these mitigation measures, the City of Joliet is limiting in person attendance in the council chambers to 10 people. During meetings, groups of 10 people will be staged in various locations within city hall. These groups will wait in areas with a live feed to the meeting until the Citizens to Be Heard on Agenda items section, the Public Hearing has commenced or the Public Comments section of the meeting has commenced. Speakers will be rotated into Council Chambers to allow everyone an opportunity to speak. Pursuant to the Illinois Department of Commerce & Economic Opportunity’s Guidelines, it is recommended that any individual appearing in-person wear a face-covering to cover their nose and mouth. Citizens who are unable to attend the meeting can email comments in advance of the meeting to publiccomment@joliet.gov OR register “To Be Called To Speak”. Details can be found on the Joliet.gov “ Public Comments” web page. CALL TO ORDER ROLL CALL Present Ed Hennessy, Vincent Alessio, Charles McCauley, Bob Nachtrieb, Jim Riggs, Colette Safford and Brigette Fiday CITIZENS TO BE HEARD ON AGENDA ITEMS Page 1 of 8 Zoning Board of Appeals Meeting Minutes December 10, 2020 NOTE: There is a new temporary procedure for public speaking. Details can be found on the Joliet.gov “Public Comments” web page. This section is for anyone wanting to speak regarding items listed on the agenda . Anyone speaking on an agenda item is entitled to speak for a maximum of 4 minutes. It is not a question and answer period and staff and the Zoning Board of Appeals do not generally respond to public comments. Please note speakers who engage in conduct injurious to the harmony of the Zoning Board of Appeals shall be called to order by the Presiding Officer and may forfeit the opportunity to speak. NEW BUSINESS: PUBLIC HEARING During the Public Hearing, members of the public will be allowed to present evidence and ask questions subject to the rules of the meeting. TMP-0684 Attachments: 2020-46 and 2020-47 Variation & SUP - NorthPoint_Staff Report Packet.pdf Mr. Jim Torri read the staff report into the record. City Attorney Chris Regis gave a statement on the hearing process. The petitioner must speak first then public comments will be heard. All statements must be relevant and on subject. Petitioner Mr. Tom George, 418 S. Na Wa Ta Avenue, Mt. Prospect, IL, spoke on behalf of North Point in support of the petitions. Mr. George showed a presentation with information on the need for the variance on parking . He displayed a map showing the Southern Transcon Railway. Trains coming in from the port of Los Angeles to the old Burlington Northern rail yard in Elwood and Union Pacific in Joliet. Mr. George thanked the board and public for allowing the hearing. Mr. George explained the adjustments being added, including a new bridge, to reduce traffic on Route 53. Mr. George stated that current ordinance standards from 2005 do not meet the needs of East Gate because distribution buildings are constructed differently. There is a 67% increase in volume Mr. George stated the driver shortage also contributes to the need for extra container storage. Truck traffic has dropped in recent years from 640 in 2012 to 220 in 2020 for 1 million square foot buildings.These conditions lead to the need for a variance on trailer parking. Mr. George presented showed several facilities around the Chicagoland area and how they store containers. Mr. George went on to explain the need for the truck terminal special use permit. This terminal will help the functions of the park by consolidating and creating the most functional trailers. Mr. George showed some examples of terminals around the Chicagoland area. Mr. George explained the use will not affect the quality of life or endanger the general public health. It will be adequately segregated from the existing surrounding areas, this property will meet all of the conditions set fourth in the annexation agreement. Page 2 of 8 Zoning Board of Appeals Meeting Minutes December 10, 2020 Mr. McCauley. asked when the bridge was set to start construction. Mr. George didn't have an answer. Mr. McCauley asked if warehouses will be built before the bridge is complete. Mr. George stated that the agreement states the bridge must underway before construction can start and the bridge must be complete before building occupancy can take place. Staff and board members discussed how to proceed with public comments. Chairman Hennessy swore in Tricia Moss, 906 Laurel Drive, Elwood, IL, Ms. Moss appeared in objection to these petitions. Ms. Moss read highlights from the Will County Freight Mobility plan. Large scale freight developments and intermodal facilities can have impacts far beyond the borders of the local community they are built in. Coordination and a regional perspective toward all impacted jurisdictions are critical to achieving the community friendly implementation of freight based developments. The review of a new development requires the coordination of the local community, developer and other jurisdictions to evaluate the potential benefits and impacts of the proposed facility. Coordinating and integrating land use planning with transportation planning is an important step in creating an efficient, competitive and sustainable community. A well thought-out land use plan can improve economic vitality, decrease traffic congestion, and lower costs for transportation infrastructure. Ms. Moss stated that she reviewed the available materials from Joliet and she is asking that everything is taken into account before moving forward. Ms. Moss stated the roads in Elwood and Manhattan will be affected and there should be further review with residents of those villages. Ms. Moss said there are conflicts with existing residential uses also, the Chief of the Elwood Fire Protection District says he has not been contacted since 2017 about this development. Ms. Moss would like for the Northpoint to answer all of the questions presented. Mr. George stated they have already gone through all of the questions. Ms. Moss stated the development would be a burden on neighboring towns due to lost truck drivers. Ms. Moss believes the taxing bodies do not agree with the proposed petitions. Ms. Moss stated building near the Abraham Lincoln National Cemetery and Midewin National Tallgrass Prairie is disrespectful. She believes Joliet and Elwood need to establish a boundary agreement. Ms. Moss asked the board to say no to the petitioner's requests. Chairman Hennessy swore in Matt Robins, Jackson Township, Mr. Robins showed up in opposition to this petition because it will be catastrophic to Will County. Mr. Robins stated if this project is allowed it could bring in 16,000 additional trucks a day. Mr. Robins stated petition 2020-47, special use permit for a truck terminal, will be in close proximity to residential areas. Mr. Robins believes this development will impact quality of life and property values. Chairman Hennessy swore in Kenneth Hickey, Manhattan Township, Mr. Hickey believes there are enough warehouses in Will County. Mr. Hickey stated we do not have the infastucture or roads to handle this development, it will destroy the surrounding towns. Mr. Hickey urges the board to vote no to this development. Mr. Hickey says Manhattan and Elwood would be hurt the most. Page 3 of 8 Zoning Board of Appeals Meeting Minutes December 10, 2020 Chaiman Hennessy swore in Delilah Legrett, Jackson Township, Ms. Legrett called in in opposition to the petitions. Ms. Legrett believes the details of the meeting have been very confusing, she received the notice of a joint meeting and there were no details as to how to participate. Then, Ms. Legrett received notice of the separated meetings and contacted the City of Joliet for instructions on how to attend. Ms. Legrett believes the requested variance and special use permit are against the City of Joliet Zoning Ordinances. Ms.Legrett is concerned with the affects this development will have on water supplies. Ms. Legrett urged the board to deny these petitions. Chairman Hennessy swore in Stacy Meyers, Openland Senior Counsel, Ms. Meyers provided background information on Midewin Nation Tallgrass Prairie and Jackson Creek. Ms. Meyers spoke in opposition to the petitions. Ms. Meyers believes the variation and special use permit up for hearing are not lawful. Ms. Meyers stated there is no evidence to suggest the trailer variance is required. Ms. Meyers stated that the requested petitions are illegal because special use permits are prohibited in I-1 Light Industrial Districts. She also stated neighboring propertied never received notice of the meetings. Ms. Meyers stated new information was introduced at the meeting that does not allow adequate time for review. Chairman Hennessy swore in Julia Baum-Coldwater, Jackson Township, Ms. Baum-Coldwater spoke in opposition of the proposed petitions. Ms. Baum-Coldwater will be immediately impacted by this development. Ms. Baum-Coldwater owns farmland adjacent to the proposed development. Ms. Baum-Coldwater states this project will have a negative impact on her property. Ms. Baum-Coldwater also stated that special uses are not allowed in I-1 Light Industrial Districts. Ms. Baum-Coldwater says the new development will not provide enough ingress/egress access. She also says Mississippi Avenue is and remains a public road and will still accommodate local traffic.Ms. Baum-Coldwater stated that Compass Business Park will encroach on the Midewin Tallgrass Prairie buff zone. Ms. Baum-Coldwater urged the board to deny this request. Chairman Hennessy swore in Pat Ooykaas, Jackson Township. Ms. Ooykaas spoke in opposition to the petition. She believes the increased traffic will cause even more problems in an already problematic area. Ms. Ooykaas says this development will affect air quality and cause more pollution. Ms. Ooykaas urged the board to please vote no. Chairman Hennessy swore in Christina Sammet, Jackson Township. Ms. Sammet spoke in opposition to this petition. Ms. Sammet referenced the city of Joliet zoning ordinance section 47-5.2 for special uses. She believes the current petition does not meet the criteria for applying for the special use permit. Ms. Sammet stated the petitioner must submit completed plans showing exactly what will be built. Ms. Sammet said the petitioner needs to be more thorough in answering residents questions. Ms. Sammet urged the board to deny this Page 4 of 8 Zoning Board of Appeals Meeting Minutes December 10, 2020 petition. Chairman Hennessy swore in Erin Gallagher, Volunteer Spokesperson for Stop Northpoint, spoke in opposition to the petition. Ms. Gallagher spoke on behalf of the 35 member group she represents. Ms. Gallagher asked the petitioner a few questions regarding the project. Ms. Gallagher asked if the traffic study would be made public, Mr. George said the study would be available once it is approved by the Public Works Department. Ms. Gallagher asked how many trucks a day would be added if the project gets approval. Mr. George stated that the amount of truck traffic would be reduced, not increased. Ms. Gallagher asked if any roads would be restricted. Mr. George stated the trucks will be on a closed loop truck network. Ms. Gallagher asked who would enforce traffic laws and Mr. George stated the Joliet Police Department would police the roads. Mr. George stated the traffic discussion is off subject because it has nothing to do with the petitions. Ms. Gallagher asked questions regarding the weight of trucks, loaded and unloaded. Mr. George stated the limits of the roads around the development are available in the annexation agreement. Ms. Gallagher asked if there is anything in writing stating that Northpoint will be responsible for damage to the surrounding roads and areas. Mr. Regis stated the discussion must stay on course. The Petitioner's Attorney stated the current questions Ms. Gallagher asked were too vague for Mr. George to answer. Ms. Gallagher asked if there is any language that states Northpoint would be responsible for any damages. Mr. Regis stated again that Ms. Gallagher's question was too vague and there is no way to answer at this time. Ms. Gallagher asked who will maintain the roads leading to the development. Mr. George stated the roads will be maintained by whom ever has jurisdiction over the roads and agreements will be made to assign responsibility. Ms. Gallagher wanted to know about roads in the nearby vicinity of the development and the noise issues that will arise with additional truck traffic. Mr. George explained that the regulations laid out by the State of Illinois will be followed. Ms. Gallagher asked if any studies have been done on noise pollution with the additional truck variance. Mr. George stated the proposed project will reduce truck traffic and noise, he said the development will meet all the regulations and criteria from the State of Illinois and City of Joliet. Ms. Gallagher asked how far away the noise will be heard. Mr. George stated the facilities will meet all State of Illinois noise requirements. Ms. Gallagher asked if any studies were done on the environmental impacts. Mr. George stated that all of the proper protocols have been followed and they are currently working with an environmental firm. Ms. Gallagher stated that Mr. George's answers are all vague. Mr. Regis stated the project will meet all applicable regulations. Ms. Gallagher asked about light pollution. Mr. George stated they will meet all applicable regulations and include dark sky compliant lighting. Ms. Gallagher asked about lighting examples showed in previous meetings. Ms. Gallagher asked why the project is moving along so urgently and why they are holding the hearing in the midst of the pandemic. Mr. Regis stated the questions are not relevant to the current hearing and he would like to move forward. Ms. Gallagher asked when the project would be able to start. Mr. Regis stated the bridge must be complete before the project can move forward. Ms. Gallagher asked when Northpoint would break ground on the project. Ms. Gallagher asked Page 5 of 8 Zoning Board of Appeals Meeting Minutes December 10, 2020 if any construction contracts have been signed. Mr. Regis stated those questions were not relevant to the current hearing. Ms. Gallagher asked if contractors would be local for this project and Mr. Regis stated this information has not been determined yet. Ms. Gallagher asked if there was anything in writing about tax abatement, Mr. Regis stated that information is not relevant to this hearing. Ms. Gallagher stated she pulled the tax records for the development in Kansas and surrounding areas tax records have increased 74% since the development opened 5 years ago. She wanted to know if the petitioner would apply for tax abatement. The Petitioner's Attorney, Tom Osterberger, stepped forward to say that Ms. Gallagher's line of questioning was asked at the previous special Plan Commission hearing and it was not relevant to the current Zoning Board hearing. Ms. Gallagher asked about the costs associated with running water to the development. Mr. Regis stated it is not apart of the current discussion and this information is in the annexation agreement. Ms. Gallagher asked what the benefits to Joliet would be, Mr. Osterberger stated Ms. Gallagher's questions need to be more specific because Mr. George already answered these questions earlier in the meeting, he told Ms. Gallagher to ask Mr. George about specific questions. Ms. Gallagher went over a letter from the Veterans Affairs - Cemetery Division in opposition to this project. Particularly, in regards to traffic. Ms. Gallagher read off a list of local Veterans who oppose this project. Chairman Hennessy swore in Sandy Costa, Resident of Joliet, Ms. Costa spoke in opposition to the proposed development. Ms. Costa believes this development will cause an array of issues around the Joliet-Elwood area. Ms. Costa stated the members of the Council and Board need to think and feel before they vote. Chairman Hennessy swore in Theresa Papesh, Jackson Township Elwood, IL. Ms. Papesh spoke in opposition to this petition. Ms. Papesh stated the proposed development would strain already overcrowded roads. She stated there will be around 5,000 workers per shift once the development is fully operational. Ms. Papesh is concerned about water issues arising once all of concrete is added. She asked questions about the closed loop terminal layout. Ms. Papesh said there is no real plan on how things will be constructed and why there is no clear plan on the development that shows a comprehensive plan. Mr. George stated according to the agreement, that area will be set aside for a future Planned Unit Development subject to further hearings. Ms. Papesh stated she has a disorder that cases asthma attacks when exposed to diesel fumes, she would not like to be forced to move. ms. Papesh urged the board to deny the proposed development. Chairman Hennessy swore in Dan De Caprio, Manhattan Resident, Mr. De Caprio spoke in opposition to the petition. Mr. De Caprio wanted to know why the hearing moved forward without the approval of the bridge. Mr. Regis explained this was covered earlier in the meeting. Mr. De Caprio explained all of the jurisdictions, law enforcement, municipalities, school districts and fire protection districts affected by this project. Mr. De Caprio, Vice President of Manhattan School District #114, read of a statement expressing the disproval of Page 6 of 8 Zoning Board of Appeals Meeting Minutes December 10, 2020 this proposed development. Mr. De Caprio expressed his concerns with the proposed development. Mr. De Caprio urged the board to vote no to these petitions. Chairman Hennessy swore in Stephanie Irvine, Jackson Township, Ms. Irvine spoke in opposition to the proposed development. Ms. Irvine wanted to note how little time they were given to prepare for these hearings. She stated the notices they received were confusing and vague. Ms. Irvine said that she signed up to speak and never received a notice or verification of her registration. Ms. Irvine stated this hearing process should not be difficult. Ms. Irvine believes East Gate has not met the basic standards to use as a base for zoning changes. Ms. Irvine stated the land is intended to remain as it is and the Petitioner's have not been honest about the proposed usage affect on the land. Ms. Irvine urged the board to review this development before making a decision. Chairman Hennessy swore in Jordan Killian, Attorney for the Village of Elwood. Mr. Killian appeared to ask Mr. George if plans have been submitted to Elwood. Mr. Killian asked when Mr. George plans to submit plans. Mr. George still has to submit plans. Mr. Killian asked what the square footage would be, Mr. George did not have an answer. Mr. Killian asked if the Petitioner's have set aside money to fix Elwood roads. Mr. George said there is no guarantee Elwood roads would be used. Mr. Regis stated there are no agreements in place with Elwood at this time. Mr. Killian formally objected the hearing, because the petitioner has not provided specific plans on what they would like to development. Mr. Killian believes there is no way to properly review the requests because they don't know what will be in the development. Mr. Killian asked the board to vote no to this project. Mr. Tom Osteberger, Attorney, stated this petition was brought before the board appropriately. Mr. Osterberger went on to say that hearing is not faulty, there is no need for detailed plans for a development like this. Ms. Osterberger stated Mr. George gave a presentation showing some of the details of this industrial park. Mr. Osterberger asked the board to approve the proposed petitions. Chairman Hennessy asked if any one else would like to speak on behalf of the petitions. No one else came forward. A motion was made by Vincent Alessio, seconded by Jim Riggs, to approve PETITION 2020-46: Variation on Trailer Parking, Article VII, Paragraph 47-17.17, Subparagraph (n)(29) of the City’s Zoning Ordinance on approximately 1257 acres of various parcels generally located South of Breen Road, East of Chicago Road, North of Hoff Road and West of Ridge Road. A motion was made by Vincent Alessio, seconded by Brigette Fiday, to approve PETITION 2020-47: Special Use Permit to allow Carting, Express, and Hauling Establishments (Truck Terminals), limited however, to no more than 40 total acres of the approximately 80 acres, generally located on Rowell Road South of Brown Road.. The motion carried by the following vote: Page 7 of 8 Zoning Board of Appeals Meeting Minutes December 10, 2020 Aye: Hennessy, Alessio, Riggs, Safford and Fiday Nay: McCauley and Nachtrieb OLD/NEW BUSINESS—NOT FOR FINAL ACTION OR RECOMMENDATION PUBLIC COMMENT NOTE: There is a new temporary procedure for public speaking. Details can be found on the Joliet.gov “Public Comments” web page. This section is for anyone wanting to speak regarding non-agenda items and are allowed a maximum of 4 minutes. It is not a question and answer period and staff and the Zoning Board of Appeals do not generally respond to public comments. Please note, speakers who engage in conduct injurious to the harmony of the Zoning Board of Appeals shall be called to order by the Presiding Officer and may forfeit the opportunity to speak ADJOURNMENT A motion to adjourn the meeting was made by Nachtrieb, seconded by Safford. The motion carried by the following vote: Aye: Hennessy, Alessio, McCauley, Nachtrieb, Riggs, Safford and Fiday This meeting will be held in an accessible location. If you need a reasonable accommodation, please contact Christa M. Desiderio, City Clerk, 150 West Jefferson Street, Joliet, Illinois 60432 at (815) 724-3780. Page 8 of 8