Kendall County Planning, Building and Zoning Committee met May 7.
Here is the minutes provided by the Committee:
Call To Order:
The meeting was called to order by Chairman Bob Davidson at 6:38 p.m.
Roll Call:
Committee Members Present: Lynn Cullick (arrived at 6:47 p.m.), Bob Davidson (Chairman), Judy Gilmour, Scott Gryder, and Matt Kellogg (Vice Chairman)
Committee Members Absent: None
Also Present: Matt Asselmeier (Senior Planner), Larry Nelson, Carol Hamman, and Joe Hamman
Approval Of Agenda:
Motion by Member Kellogg, seconded by Member Gryder, to move Petition 18-03 to the first item of Old Business. With a voice vote of four ayes, the motion carried. Motion by Member Gilmour, seconded by Member Kellogg, to approve the agenda as amended. With a voice vote of four (4) ayes, the motion carried.
Approval Of Minutes:
Motion by Member Gryder, seconded by Member Kellogg, to approve the minutes of the April 9, 2018 meeting. With a voice vote of four (4) ayes, the motion carried.
Expenditure Report:
The Committee reviewed the claims report. Motion by Member Kellogg, seconded by Member Gryder, to forward the claims to the Finance Committee. With a voice vote of four (4) ayes, the motion carried.
Member Gryder requested an update of the Fox Metro Escrow Account. Mr. Asselmeier will provide an update at the June meeting.
Public Comment:
None
Petitions:
Petition 18-18-Carol S. Hamman’s Request for a Residential Allocation on Property Less Than 40 Acres But Greater Than 20 Acres That Existed in Its Current Configuration Prior to March 8, 1977 Located at the West Side of the T-Intersection Created by Faxon and Needham Roads in Little Rock Township (PIN 01-23-100-005)-
Mr. Asselmeier summarized the request. Ms. Hamman desires the housing allocation in order to have the ability to construct a house on the subject property.
Pursuant to Section 7.01.C.18.c, any lot greater than twenty (20) acres that existed prior to March 8, 1977, is considered an “Existing Approved Lot.”
Section 7.01.C.18.f states the following:
“Parcels classified as “Existing Approved Lots” under subsection 16.c (incorrect reference) above shall be registered on or before be December 29th, 2005. If an owner declines to register a parcel by this date, the burden of proof of the availability of a permit will shift to the owner, who shall be required to prove, by clear and convincing evidence, that a building permit allocation is applicable to the parcel in question. After December 29th, 2005, the owner of a zoning lot meeting the standards of 16.c (incorrect reference) above shall file a petition with the Kendall County Planning, Building and Zoning Department to construct a new single family dwelling on an unregistered prior zoning lot. The petition shall be reviewed by the Zoning Administrator and approved, denied, or referred to the Planning, Building, and Zoning Committee of the County Board.”
The Petitioner provided evidence from the 1975 Kendall County Plat Book that the parcel existed in its current configuration prior to March 8, 1977.
No allocations were previously applied for at this parcel.
In considering the request, pursuant to Section 7.01.C.18.f of the Kendall County Zoning Ordinance, the Planning, Building and Zoning Committee shall consider the following Findings of Fact.
The Petitioner Must Have Purchased the Property Prior to May 1, 2000. Based on the attached Quit Claim Deed, the Petitioner has owned the property since September 1995.
The Petitioner Must Demonstrate That The Property Was Buildable Under the Applicable Zoning Regulations at the Time It Was Purchased. Based on the research of the Kendall County Planning, Building and Zoning Department, the subject parcel was buildable at the time of purchase.
Staff recommends approval of the request.
Member Cullick arrived at this time (6:46 p.m.)
Motion by Member Kellogg, seconded by Member Gryder, to approve the requested allocation.
Yeas (5): Cullick, Davidson, Gilmour, Gryder, and Kellogg
Nays (0): None
Abstain (0): None
Absent (0): None
The motion carried. The Planning, Building and Zoning Department will register the allocation and provide the necessary paperwork to the Petitioner.
New Business:
None
Old Business:
Request from the Kendall County Regional Planning Commission to Amend Petition 18-03 Pertaining to Removing the Requirements for the Zoning, Platting and Advisory Committee and the Kendall County Regional Planning Commission to Meet and Issue Recommendations on Proposed Map Amendments, Special Use Permits, Major Amendments to Special Use Permits, and Text Amendments on Matters Not Involving the Powers and Duties of the Zoning, Platting and Advisory Committee or the Kendall County Regional Planning Commission and Related Zoning Text Citation Amendments-
Mr. Asselmeier read his memo on the subject. At their meetings on March 28th and April 25th, the Kendall County Regional Planning Commission reviewed this proposal and unanimously recommended denial. The reasons for their denial recommendation were as follows:
1. The Kendall County Regional Planning Commission would like the proposal to go to the Comprehensive Land Plan and Ordinance Committee to work out issues.
2. The Kendall County Regional Planning Commission had concerns regarding the due process for petitions.
3. The Kendall County Regional Planning Commission felt that Kendall County Regional Planning Commission meetings were the appropriate setting for creating conditions and restrictions for special use permits (express the values of the community).
4. Removing the Kendall County Regional Planning Commission meeting from the timeline for adoption does not slow down the approval process; the Senior Planner indicated that no extra time was needed for Kendall County Regional Planning Commission meetings.
5. The Kendall County Regional Planning Commission had concerns about a lack of thorough vetting of the implications of proposals if the Kendall County Regional Planning Commission did not meet and review proposals.
Commissioner Larry Nelson circulated a draft email to the Planning, Building and Zoning Committee and requested input from Commissioners. A copy of this draft email is attached. Commissioner Nelson wanted to ensure that the Planning, Building and Zoning Committee possessed a history of the process and role of the Commission. One (1) Commissioner also requested that the Planning, Building and Zoning Committee be informed of the level of experience on the Commission.
According to the original proposal, ZPAC and the Kendall County Regional Planning Commission would not have formal meetings for the following applications:
1. Map Amendments
2. Special Use Permits
3. Major Amendments to Special Use Permits
4. Text Amendments to the Zoning Ordinance Not Impacting the Powers and Duties of ZPAC and/or Kendall County Regional Planning Commission
Members of ZPAC and the Kendall County Regional Planning Commission would continue to receive notifications of the above types of applications and individual members of these committees could submit comments on the proposals, but neither body would be required to meet and issue recommendations on these types of applications.
ZPAC would continue to meet for the following types of applications:
1. Site Plan Reviews
2. Text Amendments to the Zoning Ordinance Impacting Its Powers and Duties
3. Amendments to the Kendall County Subdivision Control Ordinance
4. Preliminary Plat Approval
5. Final Plat Approval
6. RPD Related Plat Approvals
The Kendall County Regional Planning Commission would continue to meet for the following types of applications:
1. Text Amendments to the Zoning Ordinance Impacting Its Powers and Duties
2. Changes to the Land Resource Management Plan
3. Amendments to the Kendall County Subdivision Control Ordinance
4. Preliminary Plat Approval
5. Final Plat Approval
6. RPD Related Plat Approvals
7. Requests by the County Board and/or Planning, Building and Zoning Committee for Research on Planning, Zoning, and Development Related Topics
The Committee of the Whole discussed this proposal at their meeting on December 14th and no one objected to the proposal.
The Planning, Building and Zoning Committee reviewed this matter at their meeting on January 8th and unanimously recommended approval of initiating the text amendment as proposed.
ZPAC reviewed this proposal on February 6th and unanimously recommended approval.
Chairman Davidson stated the importance of having the Kendall County Regional Planning Commission reviewing petitions and resolving conflicts prior to matters going to the County Board. He likes the procedures currently in place.
Member Gryder asked if the proposal had changed from the original version. Mr. Asselmeier stated that the current proposal was the same as recommended by the Committees and Commissions Ad-Hoc Committee. The hearing before the Zoning Board of Appeals and the County Board meeting are the only two (2) County controlled meetings required by law.
Member Kellogg expressed a desire for increased communication and including comments from the Commission in the minutes.
Larry Nelson, member of the Kendall County Regional Planning Commission, stated that the Planning, Building and Zoning Committee historically told the Regional Planning Commission what the Committee would like researched. The Commission would then do the research and forward a draft proposal to the Planning, Building and Zoning Committee. He presented an email on the historical role of the Kendall County Regional Planning Commission as part of the adoption process. He suggested that the Committee give the Kendall County Regional Planning Commission bullet points on ideas that the Committee would like incorporated in ordinances.
Member Gilmour provided a history of the reasons why the Ad-Hoc Committee made its recommendation. She likes to read the opinions of the Planning Commission.
Motion by Member Cullick, seconded by Member Gryder, to layover this proposal to the September Planning, Building and Zoning Committee meeting. With a voice vote of five (5) ayes, the motion carried.
Approval of Amendments to Petition 17-28 Pertaining to Outdoor Target Practice and Shooting Zoning Regulations-
Mr. Asselmeier distributed the email and redlined version of the proposal from the State’s Attorney’s Office to the Committee and noted that the document was considered attorney-client privilege. The Committee previously received this information at the April meeting.
The reference to “commercial” in sub-section d will be replaced with “public.”
The berm height mentioned in sub-section d will increase ten feet (10’) for every thirty feet (30’) over the minimum of twenty feet (20’).
In sub-section g, the qualified person shall be knowledgeable and approved by the ownership of the range.
In sub-section j, the range proper shall be gated and fenced.
The consensus of the Committee was to get clarification from David Lombardo on the difference between “safety area” and “downrange safety area”. This matter will go before the Committee again in June.
Approval of a Resolution to Release All Claims on a Bank Account Owned by Whitetail Ridge Golf Club, LLC at First National Bank in the Amount of $3,000.00 Pursuant to Condition 18 of Ordinance 2016-11 (Granting a Special Use Permit at 9111 Ashley Road in Kendall Township to Operate a Banquet Hall)-
Mr. Asselmeier summarized the request. Whitetail Ridge Golf Club, LLC established a bank account at First National Bank in the amount of Three Thousand Dollars ($3,000) as required by Ordinance 2016-11. The owner of 9092 Ashley Road has not submitted a request for an appraisal or proof that an appraisal occurred. Whitetail Ridge Golf Club, LLC has completed the requirement of the applicable restriction imposed by Ordinance 2016-11 and the County’s claims could be withdrawn. At the March meeting, the Committee gave the owners of 9092 Ashley Road an additional month to consider whether or not an appraisal would be pursued.
On January 25, 2018, the Planning, Building and Zoning Department sent a letter to the owner of 9092 Ashley Road requesting an update on the status of the appraisal. The owner of 9092 Ashley Road was also informed that the bank account could be liquidated after February 28th. As of the close of business on February 28th, the Kendall County Planning, Building and Zoning Department had not received an update from the owner of 9092 Ashley Road regarding the status of the appraisal. At the April Planning, Building and Zoning Committee meeting, the Committee requested that owners of 9092 Ashley Road be sent a registered letter informing them that the Committee will take action at the May meeting. The owners of 9092 Ashley Road received the letter on April 13, 2018. A copy of the letter from Whitetail Ridge’s attorney requesting the funds was included in the packet.
Motion by Member Kellogg, seconded by Member Gryder, to recommend to the County Board approval of releasing all claims on the subject bank account.
Yeas (5): Cullick, Davidson, Gilmour, Gryder, and Kellogg
Nays (0): None
Abstain (0): None
Absent (0): None
The motion carried. This matter will go to the County Board on May 15th.
Request from the Kendall County Regional Planning Commission to Amend Petition 18-07 Pertaining to Establishing Procedures for Renewing Special Use Permits-
Mr. Asselmeier summarized the request.
At their meetings on April 25, 2018, the Comprehensive Land Plan and Ordinance Committee and Kendall County Regional Planning Commission reviewed Petition 18-07 pertaining to proposed text amendments to Section 13.08 regarding special use permit renewal procedures.
The Committee and Commission suggested the following changes:
The County Board should only initiate amendments and revocations for cause. Accordingly, in paragraph 1, “or if” shall be replaced with “because”. The County Board would only be able to amend or revoke special use permits if a special use permit holder were found guilty through the courts or administrative adjudication.
Paragraph 2 would be deleted in its entirety.
Paragraph 3 would remain unchanged.
In paragraph 4, the first sentence would be changed to read, “This Sub-Section shall apply to any special use permit issued after the date of adoption of this ordinance (insert date) requiring renewal.”
One (1) Commissioner voiced concerns about the previous owner language.
One (1) Commissioner suggested clarifying the language to focus on “on-going” violations; they suggested adding “unabated” to the first paragraph. They also suggested adding revocation to the first paragraph.
The Commission also voiced concerns about whether the County Board had to wait until the term of the special use period ended or if revocation or amendment procedures could occur when immediately when an applicant is found guilty.
Staff does have concerns that the proposed procedure could create a conflict with the existing revocation procedures outlined in the Zoning Ordinance. The majority of the special use permits issued in the last several years had provisions which stated the special use permit could be amended or revoked if the terms of the special use permit were violated.
Based on the above concerns, Staff prepared a revised version of the proposal.
Several Committee members asked the purposes of the renewal if the permit could not be revoked or changed at the time of renewal. Mr. Asselmeier noted that the Kendall County
Regional Planning Commission favored automatic renewal of special use permits unless a violation to the special use permit occurred.
Discussion occurred regarding evaluating the land uses around the special use permit as a reason to revoke or amend special use permits.
Discussion occurred regarding the reasons for amendment or revocation. The cost to the County for investigating violations could be considered as a reason to amend or revoke a special use permit.
Member Gryder suggested that special use permit holders be notified six (6) month notice prior to renewal.
The Committee agreed to keep the requirement regarding previous owners.
The consensus of the Committee was that the County Board could do revocations or amendments at the time of renewal without cause by a simple majority vote and leaving paragraph 2 in the proposal. The six (6) month notification would be added to paragraph 2.
For special use permits without renewal, if any previous owner is found guilty, the special use permit could be revoked or amended.
Discussion occurred regarding requiring future special use permits to be renewed.
Mr. Asselmeier will rewrite the proposal to reflect the discussion at this Committee. This matter will be discussed at the June Planning, Building and Zoning Committee meeting.
Update on 45 Cheyenne Court-Committee Could Approve Forwarding Violation to Either State’s Attorney’s Office or Hearing Officer-
Mr. Asselmeier provided updated information on 45 Cheyenne Court. He noted that the Committee previously approved sending a letter to the owner and the owner responded to that letter. A neighbor expressed concerns regarding the time taken to complete the project. The owner of the property was not present.
The consensus of the Committee was to explore legal action against the property.
Update on Petition 18-04-Request from the Kendall County Regional Planning Commission to Amend the Future Land Use Map Pertaining to Properties Adjacent to Route 47 in Lisbon Township-
Mr. Asselmeier summarized the update. Since January, the Kendall County Regional Planning Commission held a public meeting in Lisbon Township. This meeting occurred on February 9th at the Fire Barn in Plattville. Sixteen (16) residents of Lisbon Township attended the meeting and voiced almost unanimous opposition to the proposed changes.
In subsequent meetings, the Comprehensive Land Plan and Ordinance Committee amended the proposal by replacing the commercial designation at the southeast corner of the intersection of Routes 52 and 47 with a mixed use business designation and incorporated the mixed use business designation on Route 52 west of 47 to correspond to the Village of Lisbon’s Comprehensive Plan.
The following land use/zoning matrix should be kept in mind:
Mining=M-3
Mixed Use Business=B-6, M-1, M-2 and M-3
Transportation Corridor= B-3, B-5 and B-6
Commercial= B-1, B-2 and B-3
Rural Settlements=Areas with a maximum 2,000 residents with a combination of residential and support services.
The consensus of the Committee was to reclassify the Prairie Parkway as the Former Prairie Parkway.
Review Violation Report:
The Committee reviewed the Violation Report.
Member Gryder asked about the citation proposal. Mr. Asselmeier stated that the Planning, Building and Zoning Department is working with the State’s Attorney’s Office on possible changes to the Inoperable Vehicle Ordinance. Once work on the Inoperable Vehicle Ordinance is complete, updating the Junk and Debris Ordinance will be the next project.
The inspection at 141 Fernwood went well.
Review Non-Violation Report:
The Committee reviewed the Non-Violation Report.
Member Gryder asked about requiring Comed to close their boxes. Mr. Asselmeier will investigate to see if the County can require the utility to fix their boxes.
Update For Historic Preservation Commission:
No update.
Review Permit Report
The Committee reviewed the permit report.
Review Revenue Report:
The Committee reviewed the revenue report.
Correspondence:
Correspondence Related to Churchill Club Stormwater-
Mr. Asselmeier read the correspondence and noted that the Village of Oswego was pursuing legal actions against the horse farm owner.
March 30, 2018 Article from Crain’s Chicago Business RE: Growth in Kendall County-
Mr. Asselmeier summarized the article.
Correspondence Related to 21 Dawn Avenue-
Mr. Asselmeier read the correspondence.
National Flood Fight Material Center Industry Day Invitation-
Mr. Asselmeier read the invitation
Public Comment:
Mr. Asselmeier stated that WBK is working on the annual NPDES Permit. This matter may go to the Committee of the Whole if the report is ready by the agenda posting deadline.
The Antos Bridge case will be on the agenda for the June Committee meeting. Chairman Davidson suggested turning the case over to the Corps of Engineers. The suggestion was made to refer the matter to the Illinois Department of Natural Resources. Mr. Asselmeier will investigate the Illinois Department of Natural Resources’ process for permit violations.
Comments From The Press:
None
Executive Session:
None
Adjournment:
Member Cullick motioned to adjourn, seconded by Member Gryder. With a voice vote of five (5) ayes, Chairman Davidson adjourned the meeting at 8:39 p.m.
https://www.co.kendall.il.us/wp-content/uploads/PBZ-Committee-Minutes-5-7-18-Approved-Complete.pdf
Alerts Sign-up