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1 Agenda Village of Homer Glen VILLAGE BOARD MEETING Wednesday, December 27, :00 p.m. Village Board Room, W. 151 st Street, Homer Glen A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE TO THE FLAG C. ROLL CALL - ESTABLISH QUORUM D. APPROVAL OF AMENDMENTS TO THE AGENDA E. ACCOUNTS PAYABLE 1. For the Period of October 27 to November 22, For the Period of November 23 to December 28, 2017 F. REPORTS AND COMMUNICATIONS FROM MAYOR AND OTHER OFFICERS 1. Mayor 2. Trustees 3. Treasurer 4. Clerk 5. Village Attorney 6. Public Safety Officials 7. Village Manager G. PUBLIC COMMENT (3 Minute limit. Please sign in prior to start of meeting.) H. LEGISLATION AND ACTION ITEMS 1. Consider for Approval Ordinance No , an Ordinance Granting a Variance to Reduce the Minimum Lot Frontage for Property Located in the E-2 Single-Family Rural Residential District from Two Hundred Seventy (270) Feet to Zero (0) Feet for Certain Real Property Known as PIN in Homer Glen, IL [Marsala, Case No. HG-1725-V]. 2. Consider for Approval Ordinance No , an Ordinance Granting a Special Use Permit for an Automobile Rental Agency in the C-3 General Business District [Attachment 2, Table 2A (Permitted and Special Uses for Nonresidential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen] for W. 159 th St., Homer Glen, IL [Enterprise Rent-A-Car, Case No. HG-1728-S]. 3. Consider for Approval Resolution No , a Resolution Approving the Reduction of $92, from the Existing Letter of Credit for the Evlyn s Gate Subdivision. I. OLD BUSINESS J. NEW BUSINESS K. ADJOURNMENT DISABLED: Any individual requiring special accommodations as specified by the Americans with Disabilities Act is requested to notify the Village Manager of Homer Glen at at least 24 hours in advance of the meeting date.

72 AGENDA SUPPLEMENT SHEET Agenda Item Number: H.1 Village Board Meeting Date: December 27, 2017 Plan Commission Meeting Date: December 7, 2017 Item Title: Consider for Approval Ordinance No , an ordinance Granting a Variance to reduce the minimum lot frontage for property located in the E-2 Single-family Rural Residential District from two hundred seventy (270) feet to zero (0) feet [Attachment 1, Table 1B (Site and Structure Bulk Requirements for Residential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen] for certain real property known as PIN in Homer Glen, Illinois [Marsala, Case No. HG-1725-V]. Motion for Consideration: Is there a Motion to Approve Ordinance No , an Ordinance Granting a Variance to reduce the minimum lot frontage for property located in the E-2 Single-family Rural Residential District from two hundred seventy (270) feet to zero (0) feet [Attachment 1, Table 1B (Site and Structure Bulk Requirements for Residential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen] for certain real property known as PIN in Homer Glen, Illinois [Marsala, Case No. HG-1725-V]. Plan Commission Recommendation: Following the public hearing held on December 7, 2017, the Plan Commission voted 6-0 to adopt staff s recommended findings as the findings of the Plan Commission, and to recommend to the Village Board approval of a Variance to reduce the minimum lot frontage for property located in the E-2 Single-family Rural Residential District from two hundred seventy (270) feet to zero (0) feet [Attachment 1, Table 1B (Site and Structure Bulk Requirements for Residential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen] for certain real property known as PIN in Homer Glen, Illinois [Marsala, Case No. HG-1725-V]. Page 1 of 6

73 Staff Contact: Assistant Planner McGinnis. Background Information: The applicants, Francis and Margaret Marsala, own the subject property known as PIN This property is located at the end of a private non-dedicated easement drive off of S. Parker Road (Attachment 1). In 2005, the applicants applied for and were granted a similar Variance to reduce the minimum lot frontage of the subject property from one hundred eighty (180) feet to zero (0) feet; moreover, the Village Board required that the following conditions be met: 1. That an emergency vehicle turn-around be constructed on the property; and 2. That the applicants repair any damages to the private non-dedicated easement drive caused by the construction of their residence so as to return the drive to its condition prior to the construction. The construction of the Marsala residence did not take place within the year following the Village Board s approval and the Variance, approved by Ordinance No (Attachment 2), became null and void. The applicants now request a Variance to reduce the minimum lot frontage for the subject property from two hundred seventy (270) feet to zero (0) feet so that they may begin the construction of their future home. Conformance with the Code: Exterior Construction Standards (Chapter 75, Article II) The Exterior Construction Standards do not apply to this project because no structures have been proposed for construction at this time. Lighting (Chapter 75, Article II) The Lighting regulations do not apply to this project. The applicant is not proposing any new outdoor lighting. Conservation Design (Chapter 107, Article IV) The Conservation Design regulations do not apply to this project because it is not an approved subdivision. Tree Preservation (Chapter 107, Article III) The Tree Preservation regulations do not apply to this request as the applicant is not proposing any changes to landscaping. Subdivision (Chapter 138, Article I) The Subdivision regulations do not apply to this request as the applicant is not requesting the approval of a Plat. Park Donation (Chapter 138, Article II) The Park Donation regulations do not apply to this request because the subject property is not a residential subdivision, a residential development or a Planned Unit Development. Page 2 of 6

74 Water Resource Management (Chapter 210, Article I) The Water Resource Management regulations do not apply to this project because no new development is proposed at this time. Conformance with Adopted Plans: Comprehensive Land Use Plan The Comprehensive Plan designates the subject property as Single-Family Estate. Transportation Plan The applicant is not proposing any changes to the ingress and egress from S. Parker Road. Budget Implications: None. Attachments 1. Aerial of the Subject Property and Surroundings 2. Ordinance No Page 3 of 6

75 Attachment 1 Aerial of the Subject Property Page 4 of 6

76 Attachment 2 Ordinance No Page 5 of 6

77 Page 6 of 6

78 THE VILLAGE OF HOMER GLEN WILL COUNTY, ILLINOIS ORDINANCE NUMBER AN ORDINANCE GRANTING A VARIANCE TO REDUCE THE MINIMUM LOT FRONTAGE FOR PROPERTY LOCATED IN THE E-2 SINGLE-FAMILY RURAL RESIDENTIAL DISTRICT FROM TWO HUNDRED SEVENTY (270) FEET TO ZERO (0) FEET FOR CERTAIN REAL PROPERTY KNOWN AS PIN IN HOMER GLEN, ILLINOIS [MARSALA, CASE NO. HG-1725-V] GEORGE YUKICH, Village President ANN HOLTZ, Village Clerk BRIAN BURIAN CARLO CAPRIO KEITH GRAY CHRISTINA NEITZKE-TROIKE BETH RODGERS SHARON SWEAS Trustees Published in pamphlet form by authority of the President and Village Clerk of the Village of Homer Glen on 12/27/2017 Mahoney, Silverman & Cross, LLC, Village Attorneys Joliet, Illinois 60435

79 ORDINANCE NO Dated: December 27, 2017 AN ORDINANCE GRANTING A VARIANCE TO REDUCE THE MINIMUM LOT FRONTAGE FOR PROPERTY LOCATED IN THE E-2 SINGLE-FAMILY RURAL RESIDENTIAL DISTRICT FROM TWO HUNDRED SEVENTY (270) FEET TO ZERO (0) FEET FOR CERTAIN REAL PROPERTY KNOWN AS PIN IN HOMER GLEN, ILLINOIS [MARSALA, CASE NO. HG-1725-V] WHEREAS, the Village of Homer Glen, Will County, Illinois (the Village ) is a home rule municipality pursuant to Section 6(a), Article VII of the 1970 Constitution of the State of Illinois, and as such may exercise any power and perform any function pertaining to its government and affairs (the Home Rule Powers ); and, WHEREAS, an application has been filed by Francis and Margaret Marsala seeking a Variance to reduce the minimum lot frontage for property located in the E-2 Single-family Rural Residential District from two hundred seventy (270) feet to zero (0) feet [Attachment 1, Table 1B (Site and Structure Bulk Requirements for Residential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen] for certain real property known as PIN in Homer Glen, Illinois; and, WHEREAS, the property that is the subject of the aforesaid application and of this Ordinance ( Subject Property ) is legally described in Exhibit A ; and, WHEREAS, pursuant to a public notice published in a newspaper of general circulation within the Village as required by the Code of the Village of Homer Glen, the Plan Commission held a public hearing with regard to said application on December 7, 2017, and rendered its findings of fact and recommendations to the Board of Trustees; and, WHEREAS, the Plan Commission after due consideration of the issues, exhibits and testimony, made findings of fact and a recommendation to the Board of Trustees which are incorporated into the record of its proceedings attached hereto as Exhibit B and which include the specific findings as required by C(1-3) of the Code of the Village of Homer Glen; and, WHEREAS, the Village President and Board of Trustees carefully considered public commentary and the recommendations of the Plan Commission which are incorporated into the record of its proceedings; and, WHEREAS, the Village President and Board of Trustees, after due consideration have determined that granting a Variance to reduce the minimum lot frontage for property located in the E-2 Single-family Rural Residential District from two hundred seventy (270) feet to zero (0) feet for certain real property known as PIN in Homer Glen, Illinois is in conformance with the Village s Comprehensive Plan and in the best interests of the public health, safety and welfare of the Village s residents. Page 2 of 8

80 ORDINANCE NO Dated: December 27, 2017 NOW, THEREFORE, BE IT ORDAINED by the Village President and Board of Trustees of the Village of Homer Glen, Will County, Illinois, by and through its Home Rule Powers, as follows: Section 1. Incorporation of Recitals. That the recitals and findings set forth above and in the recommendation of the Plan Commission, attached hereto as Exhibit B are incorporated herein by reference the same as if they were fully set forth herein verbatim and they are adopted as the findings of the Board of Trustees of the Village of Homer Glen. Section 2. Variance. The Village hereby grants a Variance to reduce the minimum lot frontage for property located in the E-2 Single-family Rural Residential District from two hundred seventy (270) feet to zero (0) feet [Attachment 1, Table 1B (Site and Structure Bulk Requirements for Residential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen] for certain real property known as PIN in Homer Glen, Illinois. Section 3. Severability. The various portions of this Ordinance are hereby expressly declared to be severable, and the invalidity of any such portion of this Ordinance shall not affect the validity of any other portions of this Ordinance, which shall be enforced to the fullest extent possible. Section 4. Repealer. All Ordinances or portions of Ordinances previously passed or adopted by the Village of Homer Glen that conflict with or are inconsistent with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval. Section 6. Notice to Applicant. That the Village Clerk is further directed to forward a copy of this Ordinance to the applicant as notification of the passage and approval of this Ordinance. Page 3 of 8

81 ORDINANCE NO Dated: December 27, 2017 Adopted this 27 th day of December, 2017 pursuant to a roll call vote as follows: Burian Caprio Gray Neitzke-Troike Rodgers Sweas Yukich (Village President) TOTAL YES NO ABSENT PRESENT APPROVED by the Village President on December 27, George Yukich Village President ATTEST: Ann Holtz Village Clerk Page 4 of 8

82 ORDINANCE NO Dated: December 27, 2017 Legal Description Exhibit A THAT PART OF THE EAST ½ OF THE SOUTHWEST ¼ OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST ¼ OF SAID SECTION 23, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, THENCE SOUTH ALONE THE EAST LINE THEREOFF 600 FEET, THENCE WEST ALONG A STRAIGHT LINE A DISTANCE OF FEET, THENCE NORTH ALONG A STRIGHT LINE A DISTANCE OF 600 FEET, THENCE EAST ALONG THE NORTH LINE OF THE SOUTHWEST ¼ A DISTANCE OF FEET TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT: THAT PART OF THE EAST ½ OF THE SOUTHWEST ¼ OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST ¼ OF SAID SECTION 23, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN. THENCE SOUTH ALONE THE EAST LINE THEREOF FEET TO THE POINT OF BEGINNING; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF FEET, THENCE WEST ALONG A STRAIGHT LINE A DISTANCE OF FEET, THENCE NORTH ALONG A STRAIGHT LINE A DISTANCE OF 121 FEET, THENCE WEST ALONG A STRAIGHT LINE A DISTANCE OF FEET TO THE CENTER OF A COMMON DRIVEWAY, THENCE NORTH ALONG A STRAIGHT LINE A DISTANCE OF FEET, THENCE EAST ALONG A STRAIGHT LINE PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST 1.4 A DISTANCE OF FEET TO THE POINT OF BEGINNING), ALL IN WILL COUNTY, ILLINOIS. P.I.N.: Page 5 of 8

83 ORDINANCE NO Dated: December 27, 2017 Findings of Fact Exhibit B Standards for Variances Section C(1-3) of the Code of the Village of Homer Glen lists the standards by which the Plan Commission shall make the findings of fact. The following are the categories with staff s recommended findings in italics: 1. The Plan Commission shall not vary the provisions of this Chapter as authorized unless it has made findings based upon the evidence presented to it in the following cases: (a) (b) (c) That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone. The subject property is currently zoned E-2 Single-family Rural Residential. It is unbuildable because it is located on a private nondedicated easement drive as opposed to the nearest dedicated road, S. Parker Road, meaning it does not currently meet the minimum required lot frontage for this zoning district (two hundred seventy [270] feet). The applicants have requested the approval of a variance to reduce the minimum lot frontage of the property from two hundred seventy (270) feet to zero (0) feet so that the property may become buildable. The property in question cannot yield a reasonable return if a variance is not granted as the property will not be buildable otherwise. That the plight of the owner is due to unique circumstances. The plight of the owners, Francis and Margaret Marsala, is due to the historic use of the property. The subject property was once part of a Will County development which required the use of a private non-dedicated easement to reach the property. This private non-dedicated easement drive remains to be the only form of access to the subject property. That the variance, if granted, will not alter the essential character of the locality. The variance to reduce the minimum lot frontage of the subject property will not alter the essential character of the locality as its purpose is only to deem the lot as buildable. If approved, the variance would not impact the size or placement of the home on the subject property, and all development would abide by the Village s zoning regulations for the E-2 Single-family Rural Residential Zoning District unless otherwise approved by future variances. Furthermore, all homes in the immediate proximity of the subject property currently use the same private access road as their means of ingress and egress from S. Parker Road; therefore, Page 6 of 8

84 granting the variance will have no adverse impact on the surrounding properties. 2. A variance shall be recommended to the Village Board only if the evidence, in the judgment of the Plan Commission, sustains each of the three conditions enumerated in Subsection C(1). 3. For the purpose of supplementing the above standards, the Plan Commission, in making its determination, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence: (a) (b) (c) (d) That the particular surroundings, shape, or topographical conditions of the specific property involved will bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. The property does not meet the current zoning regulations dictating that all properties within this zoning district have a minimum lot frontage of two hundred seventy (270) feet; therefore, making the lot unbuildable. The hardship present will specifically hinder the owners from building on their property in any way. That the conditions upon which the petition for variance is based would not be applicable, generally, to other property within the same zoning classification. Generally speaking, the conditions upon which the petition for the variance is based would not be applicable to other properties zoned as E- 2 Single-family Rural Residential as it is not typical for these properties or any property to be located off of a private non-dedicated easement drive. That the purpose of the variance is not exclusively based upon a desire to make more money out of the property. The purpose of the variance is not exclusively based upon a desire to make a greater profit out of the property but so that the property may be made buildable and therefore livable. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. The alleged hardship was not created by any person presently having interest in the property. The hardship present extends from its historic use and maintenance by Will County. Page 7 of 8

85 (e) (f) (g) That the granting of the variance will not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located. The granting of the variance will not be detrimental to the public, neighboring properties or to improvements in the surrounding area as its only purpose is to allow the owners to build a home on the subject property. That the exterior architectural appeal and functional plan of any proposed structure will not be so at Variance with the exterior architectural appeal and functional plan of the structures already constructed, or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood. The scope of this variance does not include the construction of any new structures on the subject property but will instead make it possible to build a home on the property in the future. Any future construction on the subject property must abide by the Village s exterior materials standards unless otherwise permitted by an approved variance at a later date. That the proposed variance will not impair an adequate supply of air to adjacent property, substantially increase the danger of fire, otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. The proposed variance will not impair an adequate supply of air to adjacent property, substantially increase the danger of fire, otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. In addition, the applicants applied for and were granted a variance in 2005 (Attachment 2 Ordinance No ) for a similar request with two conditions: 1. That the applicants construct a turn-around for emergency vehicles on their property; and 2. That the applicants repair any damages to the private non-dedicated easement drive caused by the construction of the applicants residence so as to return the drive to its condition prior to the construction. Page 8 of 8

AGENDA SUPPLEMENT SHEET Agenda Item Number: H.2 Village Board Meeting Date: December 27, 2017 Plan Commission Meeting Date: December 21, 2017 Item Title: Consider for Approval Ordinance No.

86 AGENDA SUPPLEMENT SHEET Agenda Item Number: H.2 Village Board Meeting Date: December 27, 2017 Plan Commission Meeting Date: December 21, 2017 Item Title: Consider for Approval Ordinance No , an ordinance Granting a Special Use Permit for an Automobile Rental Agency in the C-3 General Business District [Attachment 2, Table 2A (Permitted and Special Uses for Nonresidential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen] for W. 159 th Street, Homer Glen, Illinois [Enterprise Rent-A-Car, Case No. HG-1728-S]. Motion for Consideration: Is there a Motion to Approve Ordinance No , an Ordinance Granting a Special Use Permit for an Automobile Rental Agency in the C-3 General Business District [Attachment 2, Table 2A (Permitted and Special Uses for Nonresidential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen] for W. 159 th Street, Homer Glen, Illinois [Enterprise Rent-A-Car, Case No. HG-1728-S]? Plan Commission Recommendation: Following the public hearing held on December 21, 2017, the Plan Commission voted 6-0 to adopt staff s recommended findings as the findings of the Plan Commission, and to recommend to the Village Board approval of a Special Use Permit for an Automobile Rental Agency in the C-3 General Business District [Attachment 2, Table 2A (Permitted and Special Uses for Nonresidential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen] for W. 159 th Street, Homer Glen, Illinois [Enterprise Rent-A-Car, Case No. HG-1728-S] with the following condition: 1. That any vehicles associated with Enterprise Rent-A-Car which cannot lawfully be parked on the subject property due to a lack of usable parking spaces shall be parked in the available spaces located at or S. Annico Drive. Page 1 of 6

87 Staff Contact: Assistant Planner McGinnis. Background Information: Enterprise Leasing Company of Chicago, LLC has requested a Special Use Permit in order to collocate with local Auto Body and Repair Shop DANRICH, Inc. at the subject property W. 159 th Street, Homer Glen, Illinois. This property is zoned C-3 General Business, as are the majority of the surrounding properties located along S. Annico Drive. Several of the adjacent properties are also zoned C-2 Local Business and I-1 Industrial (Attachment 2). Automobile Rental Agencies are considered a Special Use in all three of these Zoning Districts, making this area a suitable location for such a use. The subject property has sixteen (16) striped parking spaces available for use by both employees and customers of DANRICH, Inc. Auto Body and Repair Shop. Based on current parking regulations, DANRICH, Inc. requires eleven (11) of these parking spaces for their business, leaving five (5) excess spaces available for use by Enterprise Rent-A-Car. The Automobile Rental Agency will require anywhere between two (2) and five (5) parking spaces for employees and business operations during a typical day shift; however, it is anticipated that up to fifteen (15) parking spaces could be required for Enterprise Rent-A- Car during peak shifts (e.g. holidays). DANRICH, Inc. owns space at two other properties to the north at and S. Annico Drive at which excess parking will be available in order to accommodate for any vehicles unable to park on the subject property. A condition has been included in the attached Ordinance stating that any excess vehicles associated with Enterprise Rent-A-Car that cannot be accommodated by the parking spaces located on the subject property shall instead be parking at or S. Annico Drive, as already discussed and agreed upon by both the applicant and owners of DANRICH, Inc. Conformance with the Code: Exterior Construction Standards (Chapter 75, Article II) The Exterior Construction Standards do not apply to this project because no structures have been proposed for construction at this time. Lighting (Chapter 75, Article II) The Lighting regulations do not apply to this project. The applicant is not proposing any new outdoor lighting. Conservation Design (Chapter 107, Article IV) The Conservation Design regulations do not apply to this request as the applicant is not proposing any new residential subdivisions at this time. Tree Preservation (Chapter 107, Article III) The Tree Preservation regulations do not apply to this request as the applicant is not proposing any changes to the property s landscaping at this time. Page 2 of 6

88 Subdivision (Chapter 138, Article I) The Subdivision regulations do not apply to this request as the applicant is not requesting the approval of a Plat at this time. Park Donation (Chapter 138, Article II) The Park Donation regulations do not apply to this request because the subject property is not a residential subdivision, a residential development or a Planned Unit Development. Water Resource Management (Chapter 210, Article I) The Water Resource Management regulations do not apply to this request as the applicant is not proposing any new development at this time. Conformance with Adopted Plans: Comprehensive Land Use Plan The Comprehensive Plan designates the subject property as a Business Park. Transportation Plan The applicant is not proposing any changes to the ingress and egress from W. 159 th Street. Budget Implications: None. Attachments 1. Aerial of Surroundings with Addresses 2. Zoning Classifications of Surrounding Area 3. Enterprise Satellite Office Proposal Page 3 of 6

89 Attachment 1 Aerial of Surroundings with Addresses Page 4 of 6

90 Attachment 2 Zoning Classifications of Surrounding Area Page 5 of 6

91 Attachment 3 Enterprise Satellite Office Proposal Page 6 of 6

92 THE VILLAGE OF HOMER GLEN WILL COUNTY, ILLINOIS ORDINANCE NUMBER AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR AN AUTOMOBILE RENTAL AGENCY IN THE C-3 GENERAL BUSINESS DISTRICT FOR W. 159 TH STREET, HOMER GLEN, ILLINOIS [ENTERPRISE RENT-A-CAR, CASE NO. HG-1728-S] GEORGE YUKICH, Village President ANN HOLTZ, Village Clerk BRIAN BURIAN CARLO CAPRIO KEITH GRAY CHRISTINA NEITZKE-TROIKE BETH RODGERS SHARON SWEAS Trustees Published in pamphlet form by authority of the President and Village Clerk of the Village of Homer Glen on 12/27/2017 Mahoney, Silverman & Cross, LLC, Village Attorneys Joliet, Illinois 60435

93 ORDINANCE NO Dated: December 27, 2017 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR AN AUTOMOBILE RENTAL AGENCY IN THE C-3 GENERAL BUSINESS DISTRICT FOR W. 159 TH STREET, HOMER GLEN, ILLINOIS [ENTERPRISE RENT-A-CAR, CASE NO. HG-1728-S] WHEREAS, the Village of Homer Glen, Will County, Illinois (the Village ) is a home rule municipality pursuant to Section 6(a), Article VII of the 1970 Constitution of the State of Illinois, and as such may exercise any power and perform any function pertaining to its government and affairs (the Home Rule Powers ); and, WHEREAS, an application has been filed by Enterprise Leasing Company of Chicago, LLC seeking a Special Use Permit for an Automobile Rental Agency in the C-3 General Business District [Attachment 2, Table 2A (Permitted and Special Uses for Nonresidential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen] for W. 159 th Street, Homer Glen, Illinois; and, WHEREAS, the property that is the subject of the aforesaid application and of this Ordinance ( Subject Property ) is legally described in Exhibit A ; and, WHEREAS, pursuant to a public notice published in a newspaper of general circulation within the Village as required by the Code of the Village of Homer Glen, the Plan Commission held a public hearing with regard to said application on December 21, 2017, and rendered its findings of fact and recommendations to the Board of Trustees; and, WHEREAS, the Plan Commission after due consideration of the issues, exhibits and testimony, made findings of fact and a recommendation to the Board of Trustees which are incorporated into the record of its proceedings attached hereto as Exhibit B and which include the specific findings as required by C(1-3) of the Code of the Village of Homer Glen; and, WHEREAS, the Village President and Board of Trustees carefully considered public commentary and the recommendations of the Plan Commission which are incorporated into the record of its proceedings; and, WHEREAS, the Village President and Board of Trustees, after due consideration have determined that granting a Special Use Permit for an Automobile Rental Agency in the C-3 General Business District for W. 159 th Street, Homer Glen, Illinois is in conformance with the Village s Comprehensive Plan and in the best interests of the public health, safety and welfare of the Village s residents. Page 2 of 8

94 ORDINANCE NO Dated: December 27, 2017 NOW, THEREFORE, BE IT ORDAINED by the Village President and Board of Trustees of the Village of Homer Glen, Will County, Illinois, by and through its Home Rule Powers, as follows: Section 1. Incorporation of Recitals. That the recitals and findings set forth above and in the recommendation of the Plan Commission, attached hereto as Exhibit B are incorporated herein by reference the same as if they were fully set forth herein verbatim and they are adopted as the findings of the Board of Trustees of the Village of Homer Glen. Section 2. Special Use Permit. The Village hereby grants a Special Use Permit for an Automobile Rental Agency in the C-3 General Business District [Attachment 2, Table 2A (Permitted and Special Uses for Nonresidential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen] for W. 159 th Street, Homer Glen, Illinois. Section 3. Conditions for Special Use Permit. The Village hereby approves the Special Use Permit for an Automobile Rental Agency for the property legally described in Exhibit A subject to the following condition: 1. That any vehicles associated with Enterprise Rent-A-Car which cannot lawfully be parked on the subject property due to a lack of usable parking spaces shall be parked in the available spaces located at or S. Annico Drive. Section 4. Severability. The various portions of this Ordinance are hereby expressly declared to be severable, and the invalidity of any such portion of this Ordinance shall not affect the validity of any other portions of this Ordinance, which shall be enforced to the fullest extent possible. Section 5. Repealer. All Ordinances or portions of Ordinances previously passed or adopted by the Village of Homer Glen that conflict with or are inconsistent with the provisions of this Ordinance are hereby repealed. Section 6. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval. Section 7. Notice to Applicant. That the Village Clerk is further directed to forward a copy of this Ordinance to the applicant as notification of the passage and approval of this Ordinance. Page 3 of 8

95 ORDINANCE NO Dated: December 27, 2017 Adopted this 27 th day of December, 2017 pursuant to a roll call vote as follows: Burian Caprio Gray Neitzke-Troike Rodgers Sweas Yukich (Village President) TOTAL YES NO ABSENT PRESENT APPROVED by the Village President on December 27, George Yukich Village President ATTEST: Ann Holtz Village Clerk Page 4 of 8

96 ORDINANCE NO Dated: December 27, 2017 Legal Description Exhibit A LOT 13, IN ANNICO PROFESSIONAL COMPLEX, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 36 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 25, 1978, AS DOCUMENT NO. R , IN WILL COUNTY, ILLINOIS. P.I.N.: Page 5 of 8

97 ORDINANCE NO Dated: December 27, 2017 Findings of Fact Exhibit B Standards for Special Use Permits Section D of the Code of the Village of Homer Glen states the required standards for making findings of fact for a special use (and any amendments thereto). The following are the categories with staff s suggested findings (in italics): 1. That the establishment, maintenance or operation of the special use will not be detrimental to, or endanger, the public health, safety, morals, comfort or general welfare. The special use requested by the applicant would not be detrimental in any form to the public. In its current condition, the small business park located at W. 159 th Street and S. Annico Drive consists of several other auto-centric operations, making the subject property an ideal location for an Automobile Rental Agency. 2. The proposed use at the proposed location will not have an undue or substantial adverse effect, above and beyond that inherently associated with such use, irrespective of the location in the particular zoning district, upon adjacent property, the character of the neighborhood, or other matters affecting the public health, safety and welfare of the community. The proposed special use will not have an undue or substantial adverse effect on the adjacent properties or surrounding area as it is considered a similar and compatible use to the several other auto-centric businesses already existing within the small business park located at W. 159 th Street and S. Annico Drive. In fact, the Automobile Rental Agency is intended to provide a convenience to the customers of the business park by renting vehicles to those individuals whose cars are being repaired during the time of the rental. 3. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The proposed special use will not harm the use or enjoyment of the adjacent properties, nor diminish or impair their property values. As previously stated, the Automobile Rental Agency is a similar and compatible use to the existing tenant mix of the business park, providing a convenience to the customers of these establishments. Furthermore, the applicant has stated that all rental vehicles located on the property will be hand-washed and vacuumed within the DANRICH, Inc. garage and that no hazardous materials will be used. 4. The proposed use at the particular location is desirable to provide a service or facility in the interest of public convenience and the gain to the public and all or a part of the community exceeds the hardship imposed upon the property owner. As previously stated, the Automobile Rental Agency has been proposed by the applicant at this particular location in order to provide a convenience to customers whose vehicles are being repaired by DANRICH, Inc. on the subject property. Currently, all residents of Homer Glen Page 6 of 8

98 must travel outside of the Village in order to rent a vehicle, and the customers of the DANRICH, Inc. body shop are serviced by Enterprise s Lockport location. Permitting the special use on the subject property will greatly benefit the customers of DANRICH, Inc. and will provide a service to the Village that does not currently exist within Homer Glen. 5. The proposed use is generally suitable for the particular zoning district and will not adversely affect development of adjacent properties in accord with the applicable district regulations. The subject property is zoned C-3 General Business and is surrounded by properties zoned C- 3 General Business, C-2 Local Business and I-1 Industrial. Automobile Rental Agencies are considered a special use within all three of these Zoning Districts. Therefore, approving a Special Use Permit to the applicant at this location will not adversely affect the development of adjacent properties as they are equally eligible for the same special use. 6. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The proposed Automobile Rental Agency will not impede the normal and orderly development and improvement of the surrounding properties. The proposed special use complements the subject and surrounding properties well. 7. That the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed, or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood. The applicant has not proposed any new structures on the subject property as part of this request. Therefore, the proposal s impact on the exterior architectural appeal and functional plan of any new structures is negligible. Furthermore, due to the small office space required for the proposed special use, the proposal s impact on the existing structure will not alter the structure s exterior architectural appeal or functional plan. 8. That the adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The proposed special use will exist entirely within the existing structure present on the subject property at this time. 9. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. The proposed special use will not increase the flow of traffic to and from the subject property as the majority of the Automobile Rental Agency s customers will likely be individuals whose vehicles are under repair by DANRICH, Inc. at the time of the rental. Page 7 of 8

99 10. The proposed use has been considered in relation to the location, goals and objectives of the Village s Comprehensive Plan and is in general accord with the guidelines of the plan. The proposed special use does indeed align with the goals and objectives of the Village s Comprehensive Plan for this area. According to the plan, the properties located off of S. Annico Drive are intended to be used as a small business park in the future. Provided that this area is already used as a small business park, the proposed special use is likely to conform well to the area s current and future uses. Page 8 of 8

100 AGENDA SUPPLEMENT SHEET Action Item Number: H.3 Village Board Meeting Date: December 27, 2017 Committee Meeting Date: None. Item Title: Consider for approval Resolution No , a Resolution Approving a reduction of $92, from the Existing Letter of Credit for the Evlyn s Gate Subdivision. Motion for Consideration: Is there a motion to approve Resolution No , a Resolution Approving a reduction in the amount of $92, from the $204, Letter of Credit (LOC) for the Evlyn s Gate Subdivision. It is understood that approval of this reduction will result in $111, remaining in the LOC. Committee Recommendation: None. Direct to Village Board. Staff Contact: Village Manager Mertens. Staff Recommendation: Village Manager Mertens recommends approval. Background Information: Tri-K Development, Inc., represented by Mr. Jamie Corso (Developer), was granted an annexation agreement (Ordinance ) for the Evlyn s Gate Subdivision on February 15, The Village has on file an existing LOC of $204, from Countryside Bank for the Evlyn s Gate Subdivision. The Village does not have on file an LOC for the Evlyn s Gate North Subdivision. On August 10, 2016 the Village entered into a Close Out agreement with the developer to finalize the public improvements within both Evlyn s Gate Phase 1 & 2 as well as Evlyn s Gate North subdivision. The developer has completed the majority of the work within the subdivision. However, various items Page 1 of 2

101 remain to be completed, including but not limited to: street light repairs, sidewalk and bike trail repairs, backfill/seed/blanket behind curb & gutter, cleaning drainage structures, signage and general cleanup within Evlyn s Gate Phase 1 & 2 and Evlyn s Gate North Subdivision. Staff is recommending the Village Board consider a letter of credit reduction of $92, based on estimates of the remaining work to be completed. This reduction would leave a remaining Letter of Credit balance of $111, Budget Implications: None. Page 2 of 2

102 THE VILLAGE OF HOMER GLEN WILL COUNTY, ILLINOIS RESOLUTION NUMBER A RESOLUTION APPROVING THE REDUCTION OF THE DEVELOPMENT GUARANTEE BALANCE FOR EVLYN S GATE DEVELOPMENT GEORGE YUKICH, Village President ANN HOLTZ, Village Clerk BRIAN BURIAN CARLO CAPRIO KEITH GRAY CHRISTINA NEITZKE-TROIKE BETH RODGERS SHARON SWEAS Trustees Published in pamphlet form by authority of the President and Village Clerk of the Village of Homer Glen on 12/27/2017

103 RESOLUTION A RESOLUTION APPROVING THE REDUCTION OF THE DEVELOPMENT GUARANTEE BALANCE FOR EVLYN S GATE DEVELOPMENT WHEREAS, the Village of Homer Glen has received a request for the reduction of the Development (Subdivision) Guarantee balance provided by the developer of the project known as Evlyn s Gate Development; and, WHEREAS, Village staff has recommended the reduction of said Development Guarantee, which was issued to secure the construction and completion of public improvements, and which is currently in amount of $204,084.09; and, WHEREAS, it is appropriate for the Village to authorize said reduction. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF HOMER GLEN, WILL COUNTY, ILLINOIS, THAT: Section 1: Recitals The foregoing recitals are hereby incorporated into this Resolution as if fully set forth herein. Section 2: Approval of the reduction of the Development Guarantee The Village of Homer Glen hereby approves the reduction of the Development Guarantee for Evlyn s Gate Development, from the current balance of $204,084.09, to the new balance of $111, Section 3: Severability - The various portions of this resolution are hereby expressly declared to be severable, and the invalidity of any such portion of this resolution shall not affect the validity of any other portions of this resolution, which shall be enforced to the fullest extent possible. Section 4: Repealer - All resolutions or portions of resolutions previously passed or adopted by the Village of Homer Glen that conflict with or are inconsistent with the provisions of this resolution are hereby repealed. Section 5: Effective Date - This resolution shall be in full force and effect from and after its passage and approval. Page 2 of 3

104 Adopted this 27 th day of December pursuant to a roll call vote as follows: Gray Caprio Burian Neitzke-Troike Sweas Rodgers YES NO ABSENT PRESENT Yukich (Village President) TOTAL APPROVED by the Village President on December 27, George Yukich Village President ATTEST: Ann Holtz Village Clerk Page 3 of 3

Zoning Board of Appeals Application

Village of General Information 419 Richmond Road Phone: 847-251-1666 Kenilworth, IL 60043 Fax: 847-251-3908 E-mail: info@villageofkenilworth.org Zoning Board of Appeals Application Zoning Board of Appeals