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A number of claims have been made by officials and others recently, (Sept.-Oct. 2022) We want to set the record straight. These are our short answers to these questions with links to longer explanations.
No. Homer Township does NOT have Zoning Authority so they CANNOT stop adverse development. If the land is sold then the future use will be decided by a municipality if it is annexed into that municipality or by Will County if it remains unincorporated. All Homer Township can do is voice an objection. There were at least 9 land-use cases that Homer Township objected to but Will County approved anyway. The only way Homer Township can control what happens on the land is to own it. That is why the residents of Homer Township voted to purchase it as Open Space.
Below are excerpts from the Illinois State Statute that show it is the County or Municipality that are the authority on zoning.
STATE STATUTE: ARTICLE 110. TOWNSHIP ZONING
60 ILCS 1/110-5) Sec. 110-5. Application of Article. (a) This Article applies only in those townships in which the electors of the township, at an annual or special township meeting, authorize the township board to exercise the powers conferred by this Article. (B) THIS ARTICLE DOES NOT APPLY IN ANY COUNTY IN WHICH A COUNTY ZONING ORDINANCE OR RESOLUTION IS IN EFFECT. A county zoning ordinance or resolution adopted after the adoption of a township zoning ordinance or resolution under this Article supersedes the township zoning ordinance or resolution. (C) REGULATIONS ADOPTED UNDER THIS ARTICLE DO NOT APPLY TO ANY AREA THAT IS GOVERNED BY A MUNICIPAL ZONING ORDINANCE.
STATE STATUTE: (60 ILCS 1/105-35) Sec. 105-35. Township plan commission.
(c) If the county in which the township is located has adopted a county zoning ordinance under Division 5-12 of the Counties Code, THE RECOMMENDATIONS OF THE TOWNSHIP PLAN COMMISSION MAY BE PRESENTED BY THE TOWNSHIP BOARD TO THE COUNTY BOARD OF THAT COUNTY.
No. The portion of land that is currently zoned commercial was never part of the Open Space Program.
The text below address both the commercial property along Bell Road and Senior Housing
Homer Township engaged CorLands to facilitate the acquisition of the property as it was determined Open Space COULD NOT BE SOLD per State Statute and it was always the plan that commercial development occur along Bell Road and that the Senior Housing be located on the property. The rights to purchase the commercial property were assigned to CorLands so the Open Space Statutes would not be violated and the community could benefit from the commercial development on Bell Road. CorLands paid for the commercial portion of the property and held it on Homer Township’s behalf until it could be sold to a commercial investor.
In 2002 Homer Township requested the rezoning of two sections in what became known as Founders Crossing Subdivision. Homer Glen Ordinance #02-037 authorized the rezoning of the 5.05 acre Senior Housing (Lot 1) from A-1 to E-1 and the Commercial Property (Lot 2) from A-1 to C-2. The ordinance is silent on the zoning of other parcels which means they were not rezoned with that vote.
The Open Space land was NOT rezoned by the Homer Glen Village Board in 2002. There is no documentation showing the Open Space portion of the property was officially rezoned to E-1. Only the Senior Housing parcel was rezoned by Homer Glen in 2002. The E-1 classification shown on the land use map could have been the result of a scrivener's error identifying all the acreage outside the commercial property as E-1 instead of just the Senior Housing. It’s a mistake that should be corrected. However, as mentioned previously, the zoning does not matter because it is Open Space and its use is governed by State Statute.
No. Only a 5.05 acre Senior Housing portion of a larger piece of land Homer Township purchased was rezoned E-1 and it was never part of the Open Space Program.
The text below address both the commercial property along Bell Road and Senior Housing
Homer Township engaged CorLands to facilitate the acquisition of the property as it was determined Open Space COULD NOT BE SOLD per State Statute and it was always the plan that commercial development occur along Bell Road and that the Senior Housing be located on the property. The rights to purchase the commercial property were assigned to CorLands so the Open Space Statutes would not be violated and the community could benefit from the commercial development on Bell Road. CorLands paid for the commercial portion of the property and held it on Homer Township’s behalf until it could be sold to a commercial investor.
In 2002 Homer Township requested the rezoning of two sections in what became known as Founders Crossing Subdivision. Homer Glen Ordinance #02-037 authorized the rezoning of the 5.05 acre Senior Housing (Lot 1) from A-1 to E-1 and the Commercial Property (Lot 2) from A-1 to C-2. The ordinance is silent on the zoning of other parcels which means they were not rezoned with that vote.
The Open Space land was NOT rezoned by the Homer Glen Village Board in 2002. There is no documentation showing the Open Space portion of the property was officially rezoned to E-1. Only the Senior Housing parcel was rezoned by Homer Glen in 2002. The E-1 classification shown on the land use map could have been the result of a scrivener's error identifying all the acreage outside the commercial property as E-1 instead of just the Senior Housing. It’s a mistake that should be corrected. However, as mentioned previously, the zoning does not matter because it is Open Space and its use is governed by State Statute.
First, it is important to note that the zoning of the Open Space property is irrelevant. The Use of Open Space land is determined by State Statute not zoning ordinances. See below. In 2020 Homer Glen created two new zoning classifications – Government Buildings & Public Schools (P-1) and Open Space (OS-1). These two classifications do NOT exist in Lockport or unincorporated Will County and they were NOT available when the Homer Township Open Space properties were purchased.
The zoning classification of a property does not change when a governmental body acquires/purchases the land. Homer Township would need to follow the map amendment process in order to request rezoning the Welter Open Space property to OS-1. Homer Township cannot rezone the other Open Space properties as “Open Space” because that zoning classification does not exist in Will County. They could request the Trantina property be rezoned OS-1 if it is annexed into the Village of Homer Glen.
Land acquired through an Open Space Program has been legally defined as Open Space and is restricted to the purposes outlined in the State Statute.
According to State Law (60 ILCS 1 ARTICLE 115. TOWNSHIP OPEN SPACE)
"Open space purposes" includes (i) the preservation and maintenance of open land, scenic roadways, and pathways; (ii) the holding of real property described in clause (i), with or without public access, for the education, pleasure, and recreation of the public or for other open space values; (iii) the preservation of portions of that property in their natural condition and the development of other portions of that property; (iv) the management and use of that property in a manner and with restrictions that will leave it unimpaired for the benefit of future generations; and (v) otherwise promoting the conservation of the nature, flora and fauna, natural environment, and natural resources of the township. (Source: P.A. 91-641, eff. 8-20-99.)
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