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File #: 38-25   
Type: Ordinance Status: Passed
File created: 12/3/2024 In control: City Council Meeting
On agenda: 1/7/2025 Final action: 1/7/2025
Title: Ordinances Associated with the Annexation of 0.43 Acres Located at the Southwest Corner of Woodruff Road and McKay Street. Ordinance Approving the Annexation of 0.43 Acres Located at the Southwest Corner of Woodruff Road and McKay Street. (A-7-24) Ordinance Approving the Classification of 0.43 Acres Located at the Southwest Corner of Woodruff Road and McKay Street to an R-2 (Single-Family Residential) Zoning District. (A-7-24) Ordinance Approving a Variation of Use to Allow a Contractor Shop, a B-3 (General Business District) Use, in an R-2 (Single-Family Residential) Zoning District, Located at the Southwest Corner of Woodruff Road and McKay Street. (ZBA 2024-58)
Attachments: 1. Annexation Ordinance, 2. Annexation Zoning Class Ordinance, 3. Ordinance - Variation of Use ZBA 2024-58, 4. Plat of Annexation, 5. Annexation Agreement.docx, 6. Conceptual Site Plan, 7. Plan Commission Staff Report Packet, 8. Plan Commission Minutes 11.21.2024, 9. Zoning Board of Appeals Staff Report Packet, 10. Zoning Board of Appeals Minutes 11-21-24, 11. Approver Report

TO:                                           Mayor and City Council

 

FROM:                      Dustin Anderson, Director of Community Development

 

SUBJECT:

title

Ordinances Associated with the Annexation of 0.43 Acres Located at the Southwest Corner of Woodruff Road and McKay Street.

 

Ordinance Approving the Annexation of 0.43 Acres Located at the Southwest Corner of Woodruff Road and McKay Street. (A-7-24)

 

Ordinance Approving the Classification of 0.43 Acres Located at the Southwest Corner of Woodruff Road and McKay Street to an R-2 (Single-Family Residential) Zoning District. (A-7-24)

 

Ordinance Approving a Variation of Use to Allow a Contractor Shop, a B-3 (General Business District) Use, in an R-2 (Single-Family Residential) Zoning District, Located at the Southwest Corner of Woodruff Road and McKay Street. (ZBA 2024-58)

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BACKGROUND:

The petitioner, James V. Foster, is requesting approval of an annexation, classification to an R-2 (Single-Family Residential) zoning district, and a variation of use to allow a contractor shop, a B-3 (General Business District) Use, in an R-2 (Single-Family Residential) Zoning District. The petitioner is also requesting approval of an associated annexation agreement. The proposed annexation consists of three separate parcels, which are shown in the attached plat of annexation, located at the southwest corner of Woodruff Road and McKay Street. The petitioner owns the three subject lots, in addition to two lots directly west of the subject properties that are already in the City of Joliet.

 

The petitioner wishes to construct a contractor shop for his electrical contracting business in addition to a single-family residence on the five-lot assemblage. The proposed contractor shop use is not an allowed use in the R-2 zoning district, thereby necessitating the variation of use petition. The petitioner met with staff several times prior to applying for subject petition. Staff expressed concern over developing a contractor shop, a general business or light industrial use, in a residential zone. While there are a couple uses that are typically more common in business or industrial zones that are adjacent to the subject property, these uses are not located within the city limits and contain County Agricultural zoning. The subject lots were platted for single-family residential use and are situated within a block-front that contains single-family residential uses and zoning. The petitioner has indicated that only a small number of service trucks would utilize the contractor shop.

 

The subject properties were platted with the Antram’s Subdivision in the 1960’s. The two adjoining properties to the west were annexed into the City and zoned for R-2 (Single-Family Residential) zoning in 1979. The subject properties have remained undeveloped and in unincorporated Will County. The three subject unincorporated lots and adjoining incorporated lots all contain lot sizes of approximately 6,500 square feet in size and were originally platted for single-family residential use. Most properties to the west are located within the city limits and contain R-2 (Single-Family Residential) zoning and single-family residential uses. An assemblage of unincorporated land can be found to the east, with an agricultural ranch to the east of McKay Street and a landscaping business to the south. Both entities contain County A-1 (Agricultural) zoning.

 

The proposed concept plan for the site shows the contractor shop building and single-family residence, utilizing a shared driveway off Woodruff Road. The contractor shop building would contain one overhead door, which would face the west. Buildings would be required to meet R-2 setbacks and additional landscaping would be required on the north and east sides of the contractor shop building.

Water and sanitary sewer mains are located within the Woodruff Road right-of-way. The petitioner would be required to connect each future building to these infrastructure lines upon annexation. Public improvements along the Woodruff Road and McKay street frontages will be required. Sewer and water connection fees, and the developer’s impact fee will also be required. Detachments fees have been paid for the East Joliet Fire Protection District.

Approval of the annexation, zoning classification to R-2 (Single-Family Residential), and annexation agreement, will incorporate the three subject properties. Approval of the  variation of use petition will allow the developer to construct a contractor shop and single-family residential home on the five-lot property assemblage, including the two westernmost lots that are already incorporated into the city limits. Properties to the north, west, and south are already incorporated, and sufficient water and sewer access is in place on Woodruff Road. Provided this context, annexation of the subject property is appropriate.

 

PLAN COMMISSION:

The Plan Commission held a public hearing on the annexation and zoning classification at its November 21, 2024, meeting. James V. Foster appeared on behalf of the petition. No one appeared in favor or in opposition to the petition. Minutes of the meeting are attached hereto.

 

RECOMMENDATION OF THE PLAN COMMISSION:

recommendation

A motion was made by Jason Cox, which was seconded by Mike Turk, to recommend the City Council approve the Annexation of 0.43 acres located at the Southwest Corner of Woodruff Road and McKay Street, Classification to an R-2 (Single-Family Residential) zoning district, and approval of an Annexation Agreement. The motion carried by a vote of 9-0. Voting aye were Roehr, Cox, Perez, Kella, Crompton, Orlando, Radakovich, Turk, and Martin.

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ZONING BOARD OF APPEALS:

The Zoning Board of Appeals held a public hearing on the variation of use petition at its November 21, 2024, meeting. James V. Foster appeared on behalf of the petition. Area residents, Birdie Wright and Anna J. Shelby, spoke in opposition to the petition, citing a desire to only allow residential use on the subject properties. Minutes of the meeting are attached hereto.

 

RECOMMENDATION OF THE ZONING BOARD OF APPEALS:

recommendation

A motion was made by Ralph Bias, which was seconded by Brigette Roehr, to approve Petition 2024-58: A Variation of Use to allow a contractor shop, a B-3 (General Business) use, in an R-2 (Single-Family Residential) zoning district, located at the Southwest Corner of Woodruff Road and McKay Street, subject to the following conditions.

 

1.                     That all trucks or vehicles associated with the proposed business be parked inside the proposed garage outside of normal business hours (5:00 p.m. - 08:00 a.m.).

 

2.                     That any repair work be conducted inside the proposed contractor shop building.

 

3.                     Any additional equipment or supplies that may be needed for the business will be always stored inside the proposed contractor shop building.

 

4.                     That the petitioner submits a landscape plan for the contractor’s shop building upon development.

 

5.                     That a City business license shall be obtained.

 

6.                     Should the property be declared a public nuisance, it shall be subject to a rehearing and a possible revocation of the Variation of Use.

 

The motion carried by a vote of 6-0. Voting aye were Hennessy, Nachtrieb, Bias, Roehr, Riggs, and Radakovich.

 

RECOMMENDATION OF THE ADMINISTRATION:

recommendation

The Administration concurs with the Plan Commission and Zoning Board of Appeals and recommends the Mayor and City Council approves the following, subject to the conditions listed by the Zoning Board of Appeals:

 

1.                     An Ordinance Approving the Annexation of 0.43 Acres Located at the Southwest Corner of Woodruff Road and McKay Street.

2.                     An Ordinance Approving the Classification of 0.43 Acres Located at the Southwest Corner of Woodruff Road and McKay Street to an R-2 (Single-Family Residential) Zoning District.

3.                     An Ordinance Approving a Variation of Use to Allow a Contractor Shop, a B-3 (General Business District) Use, in an R-2 (Single-Family Residential) Zoning District, Located at the Southwest Corner of Woodruff Road and McKay Street.

end