Kendall County Zoning Board of Appeals met Jan. 27.
Here is the minutes provided by the board:
CALL TO ORDER
Chairman Randy Mohr called the Zoning Board of Appeals meeting to order at 7:00 p.m.
ROLL CALL:
Members Present: Scott Cherry, Karen Clementi, Cliff Fox, Tom LeCuyer, Randy Mohr, and Dick Whitfield
Members Absent: Dick Thompson
Staff Present: Matthew Asselmeier, AICP, Senior Planner
Others Present: Dan Kramer, Emily Hoffmann, Michael Cook, Deb Chow, and Pat Colaric
MINUTES:
Member Whitfield made a motion, seconded by Member LeCuyer, to approve the minutes of the October 28, 2019 hearing/meeting. With a voice vote of six (6) ayes, the motion was approved.
PETITIONS
The Zoning Board of Appeals started their review of Petition 19-34 at 7:00 p.m.
Petition 19 – 34 – Ronald Smrz on Behalf of the Bank of Lyon Trust
Request: Special Use Permit for a Storage of Motor Vehicles, Boats, Trailers, and Other
Recreational Vehicle Business
PINs: 02-35-151-003
Location: 7821 Route 71, Oswego Township
Purpose: Petitioner Wants to Operate a Storage Business on the Subject Property; Property is Zoned A-1 with a Special Use Permit
Mr. Asselmeier summarized the request.
Ron Smrz, on behalf of Bank of Lyon Trust, applied for a special use permit for outdoor storage of motor vehicles, boats, trailers, and other recreational vehicles at 7821 Route 71.
At the January 22, 2020, Kendall County Regional Planning Commission meeting, six (6) neighbors expressed opposition to the proposal. They were concerned about increased lighting, traffic safety on Route 71, the desire to keep the area rural, leaks of motor vehicle related fuels and oils, the impact of leaks on local wells, a lack of screening or buffering, and concerns about abandoned vehicles on the property. The Kendall County Regional Planning Commission recommended denial of the proposal with all seven (7) members present voting against the proposal; two (2) members of the Commission were absent.
The Petitioner would like to work with neighbors to address their concerns. The Petitioner requested that the hearing be continued until the March 2, 2020 Kendall County Zoning Board of Appeals meeting
Staff has no objections to this request.
Mr. Asselmeier noted that this proposal will be reviewed by the Yorkville Planning Commission on February 12, 2020.
Chairman Mohr opened the public hearing at 7:02 p.m.
Member Clementi made a motion, seconded by Member LeCuyer, to lay over this Petition to March 2, 2020.
The votes were as follows:
Ayes (6): Cherry, Clementi, Fox, LeCuyer, Mohr, and Whitfield
Nays (0): None
Absent (1): Thompson
The motion passed.
Chairman Mohr recessed the public hearing at 7:02 p.m.
The Zoning Board of Appeals completed their review of Petition 19-34 at 7:02 p.m.
The Zoning Board of Appeals started their review of Petition 19-37 at 7:02 p.m.
19 – 37 – John Dollinger on Behalf of Hansel Ridge, LLC
Request: Amend the Future Land Use Map in the Land Resource Management Plan by Changing the Classification of the Subject Property from Public/Institutional to Commercial
PIN: Northern 18.7 +/- Acres of 09-13-200-002
Location: 195 Route 52, Seward Township
Purpose: Petitioner Wants Map Change to Be Able to Rezone the Property for Commercial
Purposes; Property is Zoned A-1
Mr. Asselmeier summarized the request.
Hansel Ridge, LLC would like an amendment to the Future Land Use Map contained in the Land Resource Management Plan for approximately eighteen point seven more or less (18.7 +/-) acres located on the northern half of the property currently addressed as 195 Route 52. If approved, the Petitioner would like to rezone the property to allow an athletic facility and a storage business to be located on the property; both of these requests were submitted as separate petitions.
The application materials were provided. A map showing the property was provided; the northern portion of the property is the subject of this Petition.
The adjacent land uses were agricultural or agricultural related. The adjacent zonings were agricultural or agricultural with a special use permit. The Land Resource Management Plan calls for the area to be Suburban Residential and Public/Institutional. The zonings within one half (1/2) mile were agricultural or agricultural with a special use permit.
Pictures of the property were provided.
The property owner is not requesting a change in the Future Land Use Map for the southern twenty-one more or less (21 +/-) acres of their property. Their property will remain classified as Public/Institutional on the Future Land Use Map.
Minooka School District 111 owns the adjacent properties to the north and west of the subject property.
The A-1 special use to the north is for a church. The A-1 special use to the south is for a fertilizer and grain storage operation. The A-1 special use to the west appears to be for an airstrip. The property at 276 Route 52 has a special use permit for a landscaping business.
Seven (7) existing houses are within one half (1/2) mile of the subject property.
Petition information was sent to Seward Township on October 21, 2019. The Seward Township Planning Commission reviewed this request at their meeting on January 14, 2020. Concerns were expressed regarding traffic congestion and the potential for increased vehicular accidents. Discussion also occurred regarding drainage. The property’s proximity to Shorewood and its location were the reasons for seeking the change to the Land Resource Management Plan and for the requested map amendments and special use permits. The Seward Township Planning Commission recommended approval of the request. The minutes of this meeting are included were provided.
The Seward Township Board reviewed this request at their meeting on January 14, 2020. They echoed the concerns of the Seward Township Planning Commission regarding traffic and drainage. The Seward Township Board recommended approval of the request. The minutes of this meeting were provided.
Petition information was sent to the Village of Shorewood on October 21, 2019. The Village of Shorewood submitted an email on January 6, 2020, stating that they were in discussions with the Petitioner and would have further review at the Village’s February 5th Planning and Zoning Commission meeting. This email was provided.
The Troy Fire Protection District has no objections to commercial uses as this location.
ZPAC reviewed this proposal at their meetings on November 5, 2019, and January 7, 2020. At the November 5th meeting, discussion occurred regarding well and septic service at the site. The Petitioner agreed to a right-of-way dedication along the County Line Road frontage. At the January 7th meeting, the Petitioner provided updated septic information and updated traffic information. The final size of the detention pond had yet been determined. The Petitioner was working on a pre-annexation agreement with Shorewood that would allow the Village to annex the property when the property becomes contiguous to the Village. It was noted that the Village of Shorewood would like the special use to apply to only the storage portion of the property and that the acreage between the storage units and County Line Road be zoned business without a special use permit and that a formal subdivision occur. The Petitioner agreed to a sixty foot (60’) right-of-way dedication as measured from the centerline of County Line Road including a ten foot (10’) dedication for utilities. It was also noted that the Village of Shorewood requested the removal of some fencing and the reorientation of some of the storage buildings. It was noted that the landscaping plan and signage plan required more definition. ZPAC recommended forwarding the proposal to the Kendall County Regional Planning Commission without objection; two (2) members were absent. The minutes of these meetings were provided.
The Kendall County Regional Planning Commission held a public hearing on this proposal on January 22, 2020. One (1) neighbor testified in opposition to the request because of concerns about traffic safety and the neighbor wanted the area to stay undeveloped. The Kendall Regional Planning Commission recommended approval of the request without objection; two (2) members were absent. The minutes of this hearing were provided.
The Village of Shorewood’s Future Land Use Map calls for this property to be Commercial and Government/Institutional.
Will County gives deference to the Village of Shorewood. Will County favors suburban development, whether that be commercial or residential, in this area.
The subject property was originally planned to be a future school location. The southern portion of the subject property and the property immediately to the north of the subject property are both planned to be Public/Institutional. In addition, the property to the west and the property to the north are both owned by the Minooka School District 111. A school could still be placed in the area. Therefore, uses that support and that are not in conflict with educational related uses, including many commercial uses, could be placed on the subject property.
Because commercial uses require site plan approval, because the Village of Shorewood’s Comprehensive Plan calls for this property to be Commercial, and because many commercial uses could be placed on the subject property that would complement education uses, Staff recommends approval of the requested change.
Dan Kramer, Attorney for the Petitioners, explained the ownership and contract to sale for the site. Mr. Kramer indicated that his client, Jason Shelley, plans to develop the athletic facility and sell the front portion of the property for the storage facility and some retail use. Mr. Kramer noted the uniqueness of the B-4 Recreation District zoning classification. He believed that the school use will be complimentary to the proposed athletic facility. The proposed athletic facility is larger than the existing similar facility in Bristol Township. Mr. Kramer explained the operations of Mr. Shelley’s existing facility and the operations proposed at site in Seward Township. The amenities of the proposed facility will allow parents to remain at the facility for long periods of time. Mr. Kramer noted the positive recommendations of the advisory boards that previously reviewed this request.
Member Cherry expressed concerns regarding the intersection of Route 52 and County Line Road. Mr. Kramer agreed with Member Cherry’s concerns. Mr. Kramer noted that Anne Vickery, Seward Township Highway Commissioner, Fran Klaas, and the Village of Shorewood, contacted the Illinois Department of Transportation and the Illinois Department of Transportation acknowledged that they were examining the intersection. Mr. Kramer said traffic will come from the north and patrons will be directed to Baltz Road. Mr. Kramer said the Dollingers agreed to maintain a view or site easement. It was noted that a fatality occurred at the intersection this summer. Chairman Mohr noted that a school could have already been placed in the area.
Pat Colaric, neighbor to the property, discussed the traffic situation on Baltz Road. He noted the number of accidents in the area. He expressed concerns about families getting killed in the area because of the traffic situation. He believed the proposed use will make a bad situation worse. He suggested hanging a red light over the intersection.
Member LeCuyer made a motion, seconded by Member Whitfield, to recommend approval of the requested change to the Future Land Use Map.
The votes were as follows:
Ayes (6): Cherry, Clementi, Fox, LeCuyer, Mohr, and Whitfield
Nays (0): None
Absent (1): Thompson
The motion passed.
This proposal will go to the Kendall County Planning, Building and Zoning Committee on March 9, 2020. The Zoning Board of Appeals completed their review of Petition 19-37 at 7:20 p.m.
The Zoning Board of Appeals started their review of Petition 19-38 at 7:20 p.m.
Chairman Mohr swore in Dan Kramer.
19 – 38 – John Dollinger on Behalf of Hansel Ridge, LLC (Current Owner) and Jason Shelley on Behalf of Goproball, LLC (Prospective Buyer)
Request: Map Amendment Rezoning the Subject Property from A-1 Agricultural to B-4 Commercial Recreation District
PIN: Northwestern 9.19 +/- Acres of 09-13-200-002
Location: 195 Route 52, Seward Township
Purpose: Petitioners Would Like to Operate an Indoor Athletic Facility at the Subject Property
Mr. Asselmeier summarized the request.
Goproball, LLC would like to purchase the subject property and construct an indoor baseball and soccer facility on the subject property. The site plan was provided.
Based on the original information submitted to the County, the property owner, Hansel Ridge, LLC, would like to sell the northern eighteen point seven more or less (18.7 +/-) acres for the proposed athletic facility and for an indoor and outdoor storage facility. The proposed athletic facility would be located on approximately nine point one-nine (9.19) acres on the northwest side of the property with a strip of land providing access to Line Road.
County Line Road is a Township Road classified as an Arterial.
There are no trails or floodplains or wetlands on the subject property.
The adjacent land uses are agricultural with a fertilizer and grain operation at the southwest corner of Route 52 and County Line Road. The adjacent zonings and zonings within one half (1/2) mile are A-1 or A-1 SU. The Kendall County Land Resource Management Plan calls for the property to the north and south to be Public/Institution and Suburban Residential. The property to the west is classified as Suburban Residential. The Will County Land Resource Management Plan calls for the property to the east to be Suburban Development. The Village of Shorewood’s Comprehensive Plan calls for this property to be Commercial and Government/Institutional. Minooka School District 111 owns the property to the north and west and plans to use that property for educational purposes.
The aerial of the property and pictures of the property were provided.
The A-1 special use to the north is for a church. The A-1 special use to the south is for a fertilizer and grain storage operation. The A-1 special use to the west appears to be for an airstrip. The property at 276 Route 52 has a special use permit for a landscaping business.
Seven (7) existing houses are within one half (1/2) mile of the subject property.
EcoCAT Report submitted and consultation was terminated.
The application for NRI was submitted on September 26, 2019. The NRI Report was not available.
Petition information was sent to Seward Township on October 21, 2019. The Seward Township Planning Commission reviewed this request at their meeting on January 14, 2020. Concerns were expressed regarding traffic congestion and the potential for increased vehicular accidents. Discussion also occurred regarding drainage. The property’s proximity to Shorewood and its location were the reasons for seeking the change to the Land Resource Management Plan and for the requested map amendments and special use permits. The Seward Township Planning Commission recommended approval of the request. The minutes of this meeting were provided.
The Seward Township Board reviewed this request at their meeting on January 14, 2020. They echoed the concerns of the Seward Township Planning Commission regarding traffic and drainage. The Seward Township Board recommended approval of the request. The minutes of this meeting were provided.
Petition information was sent to the Village of Shorewood on October 21, 2019. The Village of Shorewood submitted an email on January 6, 2020, stating that they were in discussions with the Petitioner and would have further review at the Village’s February 5th Planning and Zoning Commission meeting. This email was provided.
The Troy Fire Protection District has no objections to commercial uses as this location.
ZPAC reviewed this proposal at their meetings on November 5, 2019, and January 7, 2020. At the November 5th meeting, discussion occurred regarding well and septic service at the site. The Petitioner agreed to a right-of-way dedication along the County Line Road frontage. At the January 7th meeting, the Petitioner provided updated septic information and updated traffic information. The final size of the detention pond had yet been determined. The Petitioner was working on a pre-annexation agreement with Shorewood that would allow the Village to annex the property when the property becomes contiguous to the Village. It was noted that the Village of Shorewood would like the special use to apply to only the storage portion of the property and that the acreage between the storage units and County Line Road be zoned business without a special use permit and that a formal subdivision occur. The Petitioner agreed to a sixty foot (60’) right-of-way dedication as measured from the centerline of County Line Road including a ten foot (10’) dedication for utilities. It was also noted that the Village of Shorewood requested the removal of some fencing and the reorientation of some of the storage buildings. It was noted that the landscaping plan and signage plan required more definition. ZPAC recommended forwarding the proposal to the Kendall County Regional Planning Commission without objection; two (2) members were absent. The minutes of these meetings were provided.
The Kendall County Regional Planning Commission reviewed this Petition at their meeting on January 22, 2020. One (1) neighbor expressed opposition to the request because of concerns about traffic safety and the neighbor wanted the area to stay undeveloped. The Kendall Regional Planning Commission recommended approval of the request without objection; two (2) members were absent. The minutes of this meeting were provided.
Per State law, map amendments cannot be conditioned. However, Section 13.10 of the Kendall County Zoning Ordinance requires that commercial site plans be approved by the Kendall County ZPAC.
The Petitioner desires the map amendment in order to construct an indoor athletic facility.
Goproball, LLC provided a business plan. As noted in the business plan, they would have between twenty (20) and forty (40) part-time employees with no more than four (4) to six (6) employees onsite. They have fifteen (15) existing traveling baseball teams and hope to expand to twenty-five (25) teams within the next five (5) years. They would also like to use the facility to attract other sports including girls soccer and softball. They would have a concession area and rehabilitation services would be provided onsite. The proposed hours of operation are between 8:00 a.m. and midnight. The proposed facility is approximately sixty-nine thousand, three hundred (69,300) square feet and will have a parking area to the east.
Any new structures would require applicable building permits.
The property will access County Line Road. County Line Road has an eighty thousand (80,000) pound weight restriction. Depending on the uses, additional right-of-way could be necessary and the Petitioner was agreeable to a right-of-way dedication as part of a special use permit.
No new odors are foreseen, but the site plan for future commercial activities on the site should be examined to address odors.
The parking lot will have lights. Security lighting will also be installed. Commercial establishments could have additional lights and illuminated signage on the building and associated with monument signage. The site plan of commercial establishments should be evaluated to address lighting.
Any fencing or buffering should be evaluated as part of the site plan review process.
The original site plan showed two detention ponds. The Petitioners indicated that the stormwater plans could be altered as part of the adjoining special use permit. Development on the site would require stormwater management permits.
Electricity is nearby. New well and septic information would have to be evaluated as part of the building permit process. The Petitioners provided septic plan information.
Provided that the amendment to the Land Resource Management Plan is approved reclassifying the subject property as Commercial, Staff recommended approval of this requested map amendment.
Chairman Mohr asked about the number of parking spots. Mr. Asselmeier noted that the number of parking spots was not examined because the site plan was separate from the map amendment and map amendments cannot be conditioned.
Chairman Mohr opened the public hearing at 7:25 p.m.
Dan Kramer, Attorney of the Petitioner, noted that the septic plan was already complete and approved by the Kendall County Health Department. No shower facilities will be provided at the athletic facility. Mr. Kramer stated a forty foot (40’) right-of-way was proposed on the southern portion of the site. The right-of-way would private, but constructed to County requirements. The Dollingers could add additional right-of-way to the south if they ever develop that portion of the property. No fencing was planned for the site. One (1) wet bottom detention pond will be placed across the northern portion of the site, half on the athletic facility property and half on the storage facility property. A dry hydrant was planned for the area. The athletic facility plan called to have fire suppression. Mr. Kramer noted the positive recommendations from the public bodies that previously reviewed the request.
Chairman Mohr asked if the dome will be illuminated continuously. Mr. Kramer responded no, but the parking lot will be lit at night and security lighting will be installed. The photometric plan showed no lights crossing property lines.
Chairman Mohr asked if the parking lot would be gravel. Mr. Kramer responded no. The parking lot will be asphalt.
Member Whitfield asked if the retention pond will be wet all the time. Mr. Kramer responded that water will always be in the pond.
Chairman Mohr asked about fencing around the pond. Mr. Kramer said that this pond would not be an attractive nuisance from a legal perspective. A safety shelf will be installed in the pond. No fencing would be provided.
Chairman Mohr adjourned the public hearing at 7:34 p.m.
Member Clementi made a motion, seconded by Member Cherry, to approve the Findings of Fact as follows and recommend approval of the requested map amendment:
Existing uses of property within the general area of the property in question. The surrounding properties are used agricultural or uses similar to agricultural uses such as farmsteads and fertilizer operations.
The Zoning classification of property within the general area of the property in question. The surrounding properties are zoned A-1 or A-1 with a special use.
The suitability of the property in question for the uses permitted under the existing zoning classification. The property is presently zoned A-1 and can be used for farming.
The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was in its present zoning classification. The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The Zoning Board of Appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this paragraph the R-1 District shall be considered the highest classification and the M-2 District shall be considered the lowest classification. The trend of development in the area is stable with residential growth and special uses normally found in agricultural zoned areas.
Consistency with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. The Future Land Use Map in the Land Resource Management Plan classifies this property as Public/Institutional because Minooka School District #111 plans to construct a school on the property to the west. The Village of Shorewood’s Future Land Use Map calls for this property to be Commercial and Government/Institutional. The property owner of the subject property submitted an application to reclassify the property as Commercial on the Future Land Use Map contained in the Kendall County Land Resource Management Plan. If this reclassification amendment to the Land Resource Management Plan is approved, then the proposed map amendment would be consistent with the purpose and objectives of the Land Resource Management Plan.
The votes were as follows:
Ayes (6): Cherry, Clementi, Fox, LeCuyer, Mohr, and Whitfield
Nays (0): None
Absent (1): Thompson
This proposal will go to the Kendall County Planning, Building and Zoning Committee on March 9, 2020. The Zoning Board of Appeals completed their review of Petition 19-38 at 7:35 p.m.
The Zoning Board of Appeals started their review of Petition 19-39 at 7:35 p.m.
19 – 39 – John Dollinger on Behalf of Hansel Ridge, LLC (Current Owner), Jason Shelley on Behalf of Goproball, LLC (Prospective Buyer), and James and Denise Maffeo (Prospective Buyer)
Request: Map Amendment Rezoning the Subject Property from A-1 Agricultural to B-3 Highway Business District and Special Use Permits for Indoor and Outdoor Storage
PIN: Northeastern 8.69 +/- Acres of 09-13-200-002
Location: 195 Route 52, Seward Township
Purpose: Petitioners Would Like to Operate an Indoor and Outdoor Storage Facility on the Property.
Mr. Asselmeier summarized the request.
Goproball, LLC would like to purchase the subject property and sell the northeastern portion of the property to James and Denise Maffeo for indoor and outdoor storage.
At the January 22, 2020, Kendall County Regional Planning Commission meeting, the Petitioners requested a layover in order to provide an updated site plan based on the comments and concerns expressed at previous meetings on this Petition.
The notice of the Zoning Board of Appeals hearing was already printed prior to the ZPAC meeting. The Petitioner requests that the hearing be continued until after the finalized site plan and landscaping plan are submitted.
Chairman Mohr opened the public hearing at 7:36 p.m.
Member LeCuyer made a motion, seconded by Member Fox, to lay over this Petition to March 2, 2020.
The votes were as follows:
Ayes (6): Cherry, Clementi, Fox, LeCuyer, Mohr, and Whitfield
Nays (0): None
Absent (1): Thompson
The motion passed.
The motion passed.
Chairman Mohr recessed the public hearing at 7:36 p.m.
The Zoning Board of Appeals completed their review of Petition 19-39 at 7:36 p.m. The Zoning Board of Appeals started their review of Petition 19-47 at 7:36 p.m.
Chairman Mohr swore in Michael Cook and Deb Chow.
19 – 47 – Deb Chow on Behalf of Jade Restorations Inc. (Current Owner) and D. Howard on Behalf of Bullmastiff Construction Company LTD. (Contractor)
Request: Special Use Permits for a Kennel and Veterinary Establishment
PIN: South 8.49 +/- Acres of 09-24-100-012
Location: Northeast Corner of Ridge Road and Bell Road, Seward Township
Purpose: Petitioners Would Like to Operate a Veterinary and Kennel on the Property. Property is Zoned A-1
Mr. Asselmeier summarized the request.
Jade Restorations Inc. is working with Bullmastiff Construction Company to construct a kennel and veterinary clinic at the subject property. At this time, Jade Restorations Inc. has no plans to sell the subject property.
The application material was provided. The site plan, landscaping plan, photometric plan, and proposed building information were provided.
The property is approximately twenty (20) acres in size, but the special use portion would cover approximately eight point five (8.5) acres.
The future land use is commercial.
Ridge Road is a County Road classified as an Arterial Road. Bell Road is a Township Road classified as a Minor Collector. Minooka has a trail planned along Ridge Road. Shorewood has a trail planned along Bell Road.
The adjacent land uses are agricultural in all directions with a farmstead and landscaping business to the west.
The adjacent zonings are A-1 and A-1 SU. There is R-1 zoning within one half (1/2) mile to the east. There are twelve (12) homes located within one half (1/2) mile of the subject property. The special uses to the north and south are landing strips. The special use to the east is for natural gas compression. The special use to the west is for a landscaping business.
There are twelve (12) homes located within one half (1/2) mile of the subject property.
The special uses to the north and south are landing strips. The special use to the east is for natural gas compression. The special use to the west is for a landscaping business.
The aerial of the property was provided.
EcoCat submitted on December 5, 2019, and consultation was terminated.
NRI application submitted on December 18, 2019. The NRI Report was not available.
Seward Township was emailed information on December 31, 2019. The Seward Township Planning Commission reviewed this request at their meeting on January 14, 2020. Concerns were expressed regarding drainage and traffic. The property’s location and availability were the reasons for seeking the special use permit. The Seward Township Planning Commission recommended approval of the request. The minutes of this meeting was provided.
The Seward Township Board reviewed this request at their meeting on January 14, 2020. They echoed the concerns of the Seward Township Planning Commission regarding traffic and drainage. The Seward Township Board recommended approval of the request. The minutes of this meeting was provided.
The Minooka Fire Protection District was emailed information on December 31, 2019. They wanted the Petitioners to be aware of the new State kennel regulations regarding staffing and sprinkling requirements. The Minooka Fire Protection District’s email was provided.
The Village of Shorewood was emailed information on December 31, 2019. The Village of Shorewood expressed concerns about noise. The Village of Shorewood’s email was provided.
The Village of Minooka was emailed information on December 31, 2019.
ZPAC reviewed this proposal at their meeting on January 7, 2020. Discussion occurred about the soil analysis in relation to the well and septic system. The Highway Department was satisfied with the proposed right-of-way dedication for Ridge Road. The Petitioner will finalize hours of operation, the timeline for landscaping installation, and frequency of refuse pick-up. ZPAC recommended forwarding the proposal to the Kendall County Regional Planning Commission without any objections. The minutes of this meeting were provided.
The Kendall County Regional Planning Commission reviewed this Petition at their meeting on January 22, 2020. The suggestion was made that the fire hydrant be identified as a dry hydrant on the site plan. Discussion occurred regarding the types of animals that will be served at that the site. Discussion occurred regarding potential noise if the dogs were out after sunset; the hours of operation should address most of this concern. The Kendall County Regional Planning recommended approval with no objections; two (2) members of the Commission were absent. The minutes of this meeting were provided
According to the information provided to the County, the Petitioners plan to offer veterinary services, pet daycare, boarding, and grooming services. The proposed normal hours of operation for both uses will be Monday through Friday from 6:00 a.m. until 7:00 p.m. and Saturday and Sunday from 7:00 a.m. until 7:00 p.m. The veterinary establishment may be open beyond these hours of operation to handle medical emergencies. The maximum number of employees will be seventy (70), including part-time employees. The kennel will be staffed at all times. Overlap in employees will occur. Grooming services will be provided as needed. The maximum number of animals planned for the kennel is eighty (80). Per the Kendall County Zoning Ordinance, all animals will be indoors by sunset.
As noted in the site plan, the Petitioners plan to construct an approximately eighteen thousand (18,000) square foot building facing south towards Bell Road. The proposed location of the building on the property was placed in accordance to the setback requirements of the Kendall County Zoning Ordinance.
Elevations of the building were provided. A rendering of the site was provided.
The building shall consist of waiting areas for grooming and exams, eight (8) exam rooms, a treatment room with pharmacy area, two (2) surgery rooms, an X-ray room, a recovery room, two (2) isolation rooms, a doctor’s room, a staff room, a janitorial room, a cat boarding room, three (3) bathrooms, a laundry area, a grooming area, a store, a storage area, a groom kennel, two (2) play areas, a pool, and a boarding kennel area. The building is planned to be slightly over twenty-three feet (23’) tall at its highest point and made of metal.
Two (2) approximately twelve thousand (12,000) square foot outdoor play areas are planned on both sides of the kennel wing of the building. A six foot (6’) tall cedar fence would be located around the outdoor play area.
Building and Occupancy Permits will be required for the new building.
The site plan shows one (1) raised septic field west of the building and parking lot and one (1) raised septic field south of the parking lot. The proposed well would be located east of the building.
The site plan shows two (2) wet detention ponds on the north side of the subject property. A dual- phase restricted stormwater detention outlet is planned to discharge stormwater at the northwest corner of the site into ditches along the east side of Ridge Road.
If the special use permit is approved, the Petitioners would need to secure a stormwater management permit from Kendall County.
The property fronts Bell Road and two (2) points of ingress/egress are planned from Bell Road.
The Petitioners plan to dedicate right-of-way for a depth of fifty feet (50’) along the entire Bell Road frontage of the property and a depth of seventy-five feet (75’) along the entire Ridge Road side of the property.
The Petitioners propose to install a fifty-two (52) stall parking lot to the south and east of the building. Three (3) of the spaces would be handicapped accessible.
The Petitioners plan to install six (6) lights along the driveway and in the parking lot. The lights will be LED and on poles a maximum twenty feet (20’) in height. There will be an additional eight (8) building mounted lights at various locations around the exterior of the building. Lighting information can be found on the photometric plan.
The Petitioners plan to have one (1) monument sign along Bell Road and one (1) monument sign along Ridge Road. Both signs are planned to be four feet by eight feet (4’X8’) and a maximum of eight feet (8’) in height. Neither sign will be illuminated.
Per the landscaping plan, the Petitioners plan to install thirty-eight (38) shade trees of various types, seventy-eight (78) evergreen trees of various types, sixty-eight (68) evergreen shrubs of various types, two hundred eighty-two (282) deciduous shrubs of various types, and one hundred fifteen (115) perennials of various types. In addition, a wet-to-mesic prairie seed mix is planned around the stormwater detention ponds.
Berms are planned along the west, east, and southeast corner of the property. An additional berm is planned south of the parking lot. The berms will vary in height from three feet (3’) to seven feet (7’).
A topsoil stockpile area is planned east of the parking lot.
Noise will be addressed with soundproofing of the building, the fence mentioned previously, the installation of trees and berms, and having the animals indoors by sunset.
The Petitioners plan to install a refuse enclosure at the northern end of the eastern parking lot. The screening shall be either of wood or masonry construction at least seven feet (7’) in height. The Petitioners also indicated that they may screen the refuse area with a chain link fence and dense plantings.
If approved, this would be the sixth active special use permit for a kennel and second active special use for a veterinary establishment in unincorporated Kendall County.
Staff recommended approval of the requested special use permit for a kennel and veterinary establishment subject to the following conditions and restrictions:
1. The site shall be developed substantially in accordance with the attached site plan, landscaping plan, and photometric plan.
2. Within sixty days (60) days of approval of this special use permit ordinance, the property owners shall convey land to Kendall County and Seward Township for Ridge Road and Bell Road right-of- way in the locations and depths shown on the Right-of-Way Plat of Dedication.
3. The use allowed by this special use permit shall be located a minimum of two hundred fifty feet (250’) from the lot line of lots zoned residential or shown as Residential on the Land Resource Management Plan (LRMP) map and One Hundred Fifty Feet (150’) from Lots Zoned Other Than Residential or Shown on the LRMP Map as non-residential.
4. Two (2) non-illuminated signs may be installed on the subject property in substantially the locations shown on the site plan.
5. All vegetation and berms shall be installed within six (6) months of the opening of either the kennel or veterinary establishment at the subject property. The businesses shall be considered open on the date when the Kendall County Planning, Building and Zoning Department issues a certificate of occupancy for the building. Damaged or dead vegetation shall be replaced on a timeframe approved by the Kendall County Planning, Building and Zoning Department.
6. A maximum of eighty (80) pets may be kenneled on the subject property at any time.
7. All pets shall be indoors between the hours of sunset and sunrise except for the purposes of owners dropping-off and picking-up pets.
8. In the event that the kennel operations cease at the property, the veterinary business allowed by this special use permit may not board animals overnight except for medical treatment and observations.
9. The normal hours of operation for the businesses allowed by this special use permit shall be Monday through Friday from 6:00 a.m. until 7:00 p.m. and Saturday and Sunday from 7:00 a.m. until 7:00 p.m. The operator(s) of the business allowed by this special use permit may reduce these hours of operation. Pets experiencing medical emergencies at the kennel may be tended to outside the hours of operation. The veterinary establishment may be open beyond the hours of operation listed to handle medical emergencies.
10. The maximum combined number of employees for the businesses allowed by this special use permit shall be seventy (70), including the business owners.
11. Refuse shall be removed from the subject property at least one (1) time per week or as necessary to prevent litter or odors from emanating from the subject property.
12. Any construction on the property related to the businesses allowed by this special use permit shall not be considered as agricultural purposes and shall secure applicable permits.
13. The operator(s) of the businesses allowed by this special use permit may sell ancillary items related to their operations.
14. The operator(s) of the businesses allowed by this special use permit acknowledge and agree to follow Kendall County’s Right to Farm Clause.
15. The operator(s) of the businesses allowed by this special use permit shall follow all applicable Federal, State, and Local laws related to the operation of these types of businesses.
16. Failure to comply with one or more of the above conditions or restrictions could result in the amendment or revocation of the special use permit.
17. If one or more of the above conditions is declared invalid by a court of competent jurisdiction, the remaining conditions shall remain valid.
Member Clementi asked if the Petitioner would be allowed to do both left and right turns out of the property. Mr. Asselmeier responded yes. The property does not have access on Ridge Road. Seward Township has not expressed any concerns regarding the right-of-way dedication.
Chairman Mohr opened the public hearing at 7:50 p.m.
Michael Cook, Engineer for the Petitioner, provided an overview of the project. He noted the proposed right-of-way dedications. He noted which parts of the building would be used for the veterinary business and the kennel. The building will be fire suppressed and will be occupied at all times when animals are present. A drain tile survey was underway and will be submitted to the County. The building will be a Lester manufactured building; it will have cellulose insulation which better for soundproofing.
Chairman Mohr asked if there will be individual dog runs. Deb Chow, property owner, responded no.
Chairman Mohr asked about long-term boarding. Ms. Chow stated that she did not see a large number for boarding, but did see a sizeable number for daycare.
Discussion occurred regarding the number of dogs and cats. The suggestion was made to clarify the restriction regarding number of animals to allow eighty (80) dogs and twenty-five (25) cats.
Member Clementi asked how the eighty (80) number was reached. Ms. Chow responded that the number was reached based on the size of the building and staffing number.
Member Cherry asked if nearby property owners were notified. Mr. Asselmeier that, to his knowledge, the Petitioners visited with nearby landowners in addition to meeting the legal notification requirements for having a hearing.
Chairman Mohr asked about the parking. Mr. Cook responded that the parking lot will be asphalted. The size of the building, number of employees, and patrons required the number of parking spaces.
Chairman Mohr expressed concerns about dogs barking before 7:00 a.m. or 8:00 a.m. Ms. Chow said animals will not be outside continually before the hours of operation, but animals will be let out to use the bathroom.
Chairman Mohr asked about the two (2) road cuts. Mr. Cook favored the design because of emergency vehicle circulation.
Chairman Mohr adjourned the public hearing at 8:05 p.m.
Member LeCuyer made a motion, seconded by Member Whitfield, to approve the Findings of Fact as follows:
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 operation of the special use will not be detrimental to the public health, safety, morals, comfort, or general welfare. The immediately adjacent properties are also zoned A-1 or A-1 with a special use permit. In addition, the site plan shows a six foot (6’) tall fence around the outdoor play area. The proposed building will be soundproofed. The proposed landscaping and berming should also reduce noise coming from the property. The Petitioners intend to follow the Kendall County Zoning Ordinance as it relates to having all pets inside by dusk.
That the special use will not be substantially 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 Zoning classification of property within the general area of the property in question shall be considered in determining consistency with this standard. The proposed use shall make adequate provisions for appropriate buffers, landscaping, fencing, lighting, building materials, open space and other improvements necessary to insure that the proposed use does not adversely impact adjacent uses and is compatible with the surrounding area and/or the County as a whole. The Petitioners plan to install fencing and security lighting. The Petitioners agreed to have animals indoors by sunset. The proposed hours of operation will also prevent injury to neighboring land uses.
That adequate utilities, access roads and points of ingress and egress, drainage, and/or other necessary facilities have been or are being provided. This is true. Adequate ingress and egress will be provided off of Bell Road. The Petitioners will have to secure applicable permits related to stormwater, well, and septic systems.
That the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the County Board pursuant to the recommendation of the Zoning Board of Appeals. True, the Petitioners are not requesting any variances.
That the special use is consistent with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. True, the proposed use is consistent with an objective found on Page 6-34 of the Kendall County Land Resource Management Plan which calls for “a strong base of agricultural, commercial and industrial uses that provide a broad range of job opportunities, a healthy tax base, and improved quality of services to County residents” through the encouragement “... of locally owned businesses.”
The votes were as follows:
Ayes (6): Cherry, Clementi, Fox, LeCuyer, Mohr, and Whitfield
Nays (0): None
Absent (1): Thompson
The motion passed
Member LeCuyer made a motion, seconded by Member Clementi, to recommend approval of the requested special use permit with the conditions proposed by Staff and an amendment to condition 6 to allow a maximum of eighty (80) dogs and twenty-five (25) cats to be kenneled on the subject property at any time.
The votes were as follows:
Ayes (6): Cherry, Clementi, Fox, LeCuyer, Mohr, and Whitfield
Nays (0): None
Absent (1): Thompson
The motion passed.
This proposal will go to the Kendall County Planning, Building and Zoning Committee on February 10, 2020.
Member Cherry noted that the property is wet and has underground pipelines. Mr. Cook said they are working with Kinder Morgan regarding the location of pipelines and they are working on a drain tile survey.
The Zoning Board of Appeals completed their review of Petition 19-47 at 8:12 p.m.
NEW BUSINESS/OLD BUSINESS
Discussion of February 1, 2020 Kendall Regional Planning Commission Annual Meeting Mr. Asselmeier noted the Annual Meeting is February 1, 2020.
The Zoning Ordinance project will be discussed at the meeting. Changes to the Transportation Plan, municipal boundary updates, and reclassifying unknown properties are the proposed changes to the Future Land Use Man in the Land Resource Management Plan.
REVIEW OF PETITIONS THAT WENT TO THE COUNTY BOARD
Petition 19-26, regarding the landscaping business at 276 Route 52, was approved by the County Board. Petition 19-31, regarding cannabis zoning regulations, was approved by the County Board.
Petition 19-35, regarding a kennel at 3601 Plainfield Road, was approved by the County Board.
PUBLIC COMMENTS
Mr. Asselmeier said that a text amendment regarding citation authority will be on the March 2, 2020, agenda in addition to the laid over Petitions from tonight’s meeting.
ADJOURNMENT OF THE ZONING BOARD OF APPEALS
Member Cherry made a motion, seconded by Member Fox, to adjourn. With a voice vote of six (6) ayes, the motion passed. The Zoning Board of Appeals meeting adjourned at 8:17 p.m.
https://www.co.kendall.il.us/Home/ShowDocument?id=8329
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