TO: Mayor and City Council
FROM: Nolan Ming, Deputy City Manager
SUBJECT:
title
Ordinance Approving a Special Use Permit to Allow Development of a Lot Within the Jackson Creek Watershed Protection Area, Located East of Illinois Route 53 and South of Noel Road (M-5-26)
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BACKGROUND:
The subject property has been undeveloped farmland throughout its existence. Jackson Creek clips the southern portion of the subject property. A small wetland is also located adjacent to the creek in the southern portion of the subject lot. A companion set of petitions to subdivide the subject lot is currently in review. The eastern portion of the subject lot would be included in a lot with stormwater detention for a future warehouse building that would be located northwest of the subject site.
In 2007, the City passed Ordinance #15820 (Zoning Ordinance section 47-15G) regarding the Cedar Creek, Sugar Creek, Jackson Creek, and Jackson Branch watershed protection areas. The ordinance requires that any development of a lot or parcel containing territory located in these protection areas receives approval of a special use permit through the Plan Commission and City Council. The protection area is defined in section 47-15G.3(B) as property lying within 100 feet of the ordinary high-water mark of the creeks, within 25 feet of the upland edge of any wetland within the watersheds, or within 100 feet of the center thread of any tributaries to the creeks actually located with the 100-year floodplain. The criteria for this type of request are listed under section 47-15G.4. The subject property is located within 100 feet of the ordinary high-water mark of Jackson Creek and is therefore located within a designated creek protection area. Before construction related to the Third Coast Intermodal Hub 2A Subdivision infrastructure can commence, the City Council must approve the requested Special Use Permit.
Section 47-15G.4 of the City’s Zoning Ordinance details the criteria that must be met for a Special Use Permit to be granted. The applicant provided a detailed overview, which can be found in the Plan Commission Staff Report Packet, of how it intends to satisfy the requirements. Staff find that the request meets the criteria outlined in the Watershed Protection Area Ordinance. The applicant will be required to install plantings that meet the vegetation strip requirements pursuant to Section 47-15G.12 of the City’s Zoning Ordinance. Trees that are removed to accommodate the proposed stormwater detention basin will be required to be replaced at a ratio as required by the City’s Tree Replacement ordinance as detailed in Chapter 26, Article VI, Section 26-128(h) of the City’s Municipal Code. The applicant has also obtained its National Pollutant Discharge Elimination Permit (NPDES) for construction activities related to stormwater control.
PLAN COMMISSION PUBLIC HEARING:
The Plan Commission held a public hearing on the subject petitions at its August 20, 2026, meeting. Nathaniel Washburn from KGG LLC, appeared on behalf of the petitions. Minutes of the meeting are attached hereto.
RECOMMENDATION OF THE PLAN COMMISSION:
recommendation
Jeff Crompton moved that the Plan Commission recommend approval of M-5-26: Special Use Permit to allow development of a lot within the Jackson Creek Watershed Protection Area, located east of Illinois Route 53 and South of Noel Road. Debbie Radakovich seconded the motion, which passed with six (6) aye votes. Voting aye were: Cox, Crompton, Martin, Radakovich, Turk, and Hammac. Voting nay were: none. Commissioners Eulitz and Leon were absent.
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RECOMMENDATION OF THE ADMINISTRATION:
recommendation
Staff concur with the recommendation of the Plan Commission and recommend that the Mayor and City Council approve the following:
1. Ordinance Approving a Special Use Permit to Allow Development of a Lot Within the Jackson Creek Watershed Protection Area, Located East of Illinois Route 53 and South of Noel Road