Kendall County Regional Plan Commission met Sept. 23.
Here is the minutes provided by the commission:
Chairman Ashton called the meeting to order at 7:02 p.m.
ROLL CALL
Members Present: Bill Ashton, Roger Bledsoe, Tom Casey, Dave Hamman, Karin McCarthy-Lange, Larry Nelson, Ruben Rodriguez, and Claire Wilson
Members Absent: Bob Stewart
Staff Present: Matthew H. Asselmeier, Senior Planner and Scott Koeppel County Administrator (Attended Remotely)
Others Present: Greg Dady and Mary Murray (Attended Remotely)
APPROVAL OF AGENDA
Member Nelson made a motion, seconded by Member McCarthy-Lange, to approve the agenda. With a voice vote of eight (8) ayes, the motion carried.
APPROVAL OF MINUTES
Member Wilson made a motion, seconded by Member Casey, to approve the minutes of the August 26, 2020, meeting. With a voice vote of eight (8) ayes, the motion carried.
PETITIONS
Amended Petition 20-02 Greg Dady on Behalf of DTG Investments
Mr. Asselmeier summarized the request.
DTG Investments, LLC owns the property at 3485 Route 126 (PIN 06-09-400-005) in Na-Au-Say Township. This property is presently zoned A-1 Agricultural District, but the Petitioner would like to operate a trucking company, specifically for offices related to the trucking company, minor repair facilities for company trucks, and company truck parking.
In February 2020, the Petitioner submitted a request for a map amendment rezoning the subject property to M-1 and this request was reviewed by ZPAC in March 2020. However, Na-Au-Say Township expressed concerns about rezoning the property to M-1 and the Petitioner decided to pursue a text amendment to the A-1 District and a special use permit under A-1 for the proposed uses.
According to Section 3:02 of the Zoning Ordinance, a truck parking area or yard is defined as follows:
“TRUCK PARKING AREA OR YARD. Any land used or intended to be used for the storage or parking of trucks, trailers, tractors, and including commercial vehicle, while not loading or unloading, and which exceeds one and one-half tons in capacity.”
This use is not listed as a permitted or special use in any zoning district.
Staff believes that truck parking area or yard use most closely matches the Petitioners proposed use and offers the following text amendment to Section 7:01.D of the Kendall County Zoning Ordinance:
“Truck Parking Area or Yard Including Offices and Maintenances Facilities Provided that the Use has Direct Access to a Road Designated as a Major Collector or Higher in the County Land Resource Management Plan.”
The list of special uses in the A-1 District should be renumbered to reflect the addition of this use to the list of special uses.
This proposal was sent to the townships on September 1, 2020. No comments have been received.
ZPAC reviewed this proposal at their meeting on September 1, 2020. Fran Klaas requested that proposed use be restricted to roads classified as Minor Arterials or higher as designated by the Illinois Department of Transportation’s Five (5) Year Functional Classification Map. Mr. Klaas had no objection to the proposed use going in at 3485 Route 126. ZPAC recommended approval of the proposed text amendment with Mr. Klaas’ proposed amendment by a vote of six (6) in favor and zero (0) in opposition. Four (4) members were absent. The minutes of this meeting were provided.
The Agricultural Zoning Map with road classifications was provided. The Illinois Department of Transportation’s Five (5) Year Functional Classification Map for Kendall County was also provided.
Member Wilson expressed concerns that the use started before the zoning application and the lack of a limit on the number of trucks and trips.
Greg Dady stated that he thought that the necessary zoning was in place. Once he found out that a new special use permit was needed, he started working through the process. He originally explored a map amendment, but wanted to get the opinion of Na-Au-Say Township on the matter. Then COVID hit and Na-Au-Say Township did not meet for a couple months. Once they did meet, they favored keeping the A-1 zoning and going for a special use permit under A-1. Based on Na-Au-Say Township input, Mr. Dady changed his application from a map amendment to a text amendment and special use under A-1 zoning.
Several Commissioners questioned Mr. Dady about his lack of knowledge about his existing special use and leasing the property without obtaining the necessary zoning before leasing the property.
Member McCarthy-Lange asked if approving this request would open the door to similar requests. Mr. Asselmeier responded that, if the text amendment is approved, anyone zoned A-1 could ask for the special use. Also, even with the road classification requirement, a property owner could ask for a variance if they demonstrated a hardship.
The trucking company moved in spring in 2019.
The property had a court order for an excavating company and landscaping business. The court order stated that if the excavating company and landscaping business ceased, then the special use for those businesses would cease. The Petitioner secured a special use permit for ServPro in 2014.
Several Commissioners favored placing this type of use in a commercial or manufacturing district instead of the agricultural district because there are several places in the County with agricultural zoning where this use would be incompatible.
Member Hamman asked about a property on Eldamain Road near Galena Road. Mr. Asselmeier stated that, in that case, the property was rezoned to M-1.
Discussion occurred about placing additional restrictions in the text amendment such as number of employees, number of trucks onsite, number of trips, or restricting the use to certain townships. Mr. Dady was agreeable to a restriction on number of trucks at the site.
Na-Au-Say did not provide any comments about the proposal.
Member Wilson made a motion, seconded by Member Nelson, to recommend approval of the text amendment as presented.
The votes were as follows:
Ayes (0): None
Nays (8): Ashton, Bledsoe, Casey, Hamman, McCarthy-Lange, Nelson, Rodriguez, and Wilson Absent (1): Stewart
The motion failed.
Member Nelson voted no because the proposal was too broad, the use could go anywhere, and the use was undesirable at other locations with inadequate protection for the agricultural community and people living in agricultural areas.
Member Hamman voted no because he favored more restrictions in the text amendment and requests for this use could come before the Commission monthly.
Chairman Ashton voted no because the proposal had inadequate restrictions and he was upset that the Petitioner did not secure the necessary zoning before leasing the property. He suggested that the Petitioner attempt to rewrite the proposal.
Member Wilson concurred with Member Nelson and Chairman Ashton and her concerns regarding the lack of a limit on the number of trucks and trips.
This proposal goes to the Kendall County Zoning Board of Appeals on September 28, 2020.
Amended Petition 20-05 Greg Dady on Behalf of DTG Investments
Because the Commission recommended denial of the Petition 20-02, the Commission did not take any action on Petition 20-05; the proposal was moot.
This proposal goes to the Kendall County Zoning Board of Appeals on September 28, 2020.
Amended Petition 20-01 Kendall County Planning, Building and Zoning Committee Mr. Asselmeier summarized the request.
At the end of 2019, the Kendall County Planning, Building and Zoning Committee started reviewing the existing 1983 Recreational Vehicle Park and Campground Regulations.
After review by the Committee and the State’s Attorney’s Office, the suggestion was made to incorporate the amended regulations into the Zoning Ordinance.
On August 26, 2020, the Kendall County Comprehensive Land Plan and Ordinance Committee reviewed the proposal and offered their suggested changes.
On August 31, 2020, the Kendall County Planning, Building and Zoning Committee initiated the text amendment to the Zoning Ordinance.
ZPAC reviewed this proposal at their meeting on September 1, 2020, and recommended approval by a vote of six (6) in favor and zero (0) in opposition. Four (4) members were absent. The minutes of this meeting were provided.
The redlined proposal was sent to the townships on September 1, 2020. To date, no township has provided comments.
In summary, the proposed changes are as follows:
1. Repeals the 1983 Recreational Vehicle Park and Campground regulations in their entirety.
2. The purpose section from 1983 regulations was not incorporated into the Zoning Ordinance because a purpose section already exists in the Zoning Ordinance.
3. The definitions of Camper, Sanitary Station, Service Buildings, and Tent were added to the Zoning Ordinance from the 1983 regulations.
4. The definition of Collector Streets or Collector Roads was added to the Zoning Ordinance, but requires discussion.
5. The definition of Minor Streets was added to the Zoning Ordinance, but requires discussion. 6. The definition of Picnicker was added to the Zoning Ordinance.
7. The definition of Recreational Vehicle Park or Campground was added from the 1983 regulations and additional language was added regarding permanent place of abode.
8. The definition of Register was added to the Zoning Ordinance.
9. The definition of Accessory Building or Use was amended.
10. The definition of Lot was amended.
11. The definition of Recreational Areas was amended.
12. The definition of Recreational Vehicles was amended by incorporating the language from the 1983 regulations combined with the existing definition found in the Zoning Ordinance. Also, the reference to pickup campers was deleted. Finally, the reference to jet skis, boats, snowmobiles, and other similar vehicles was clarified to apply to the parking regulations only.
13. Section 2 from the 1983 regulations was placed inside the Zoning Ordinance with an amendment that the reference to the Kendall County ACSC office was changed to the Soil and Water Conservation District (Section a.6.xv).
14. Throughout the regulation, reference to the Zoning Department was changed to the Planning, Building and Zoning Department.
15. Throughout the regulation, numbers are spelled out completely.
16. Section 3 from the 1983 regulation was placed inside the Zoning Ordinance.
17. The minimum lot size of twenty (20) acres was changed to minimum parcel size of twenty (20) acres (Section e).
18. The twenty percent (20%) maximum forest clearance was changed to exempt the clearing of invasive species. The definition of invasive species would be set by the Illinois Department of Natural Resources (Section k).
19. The reference to the Kendall County Soil and Erosion Ordinance was changed to Stormwater Management Ordinance (Section n).
20. Lots in a park or campground would need to be clearly marked on the ground with landmarks on the lot corners and lot signage would be approved by the local fire protection district (Section dd).
21. The requirement that campgrounds and parks not cause demands that increase additional public funds to be expended for fire or police services was deleted because this requirement was difficult to quantify (Section hh). The subsequent sections of would be re-lettered to reflect this deletion.
22. The requirement that no permanent resident is allowed to live at a campground or recreational vehicle park was added and a recreational vehicle or tent would not be considered a location within a recreational vehicle park or campground. A camp caretaker would be exempt from the permanent resident requirement (Section jj).
23. The penalties section from the 1983 regulations was removed because a penalties section already exists in the Zoning Ordinance.
24. The requirement that recreational vehicle parks and campgrounds provide their registers to the Planning, Building and Zoning Department, Health Department, law enforcement agencies with jurisdiction, and the local fire protection district upon request was added. The register would be required to be updated daily at minimum. The register shall include campers, picnickers, and other visitors (Section kk.3).
25. A reasonable notice requirement for inspections was added (Section kk.4).
26. The Health Department standards were clarified to apply to all Health Department standards (Section ll).
27. Applicants must seek approval from fire and police departments at the time of application submittal for the special use permit (Section mm).
28. A street sign requirement was added and all trails shall be marked at their beginnings and ends (Section nn).
29. Submitting a map to KenCom and a timeline for changing the map was added (Section oo). 30. The maximum continuous stay requirement that is currently in Zoning Ordinance was deleted.
31. Section 9.05.C.15, regarding recreational camps and recreational vehicle parks as special uses in the B 4, M-1, and M-2 District was changed to reference the A-1 special use requirements.
A copy of the 1983 regulations and the redlined version of this proposal were provided.
Member Nelson stated that he visited with first responders and asked about problems at campgrounds and the first responders said that their problem was a lack of maps and lots numbers which made it difficult to find people.
Member Wilson asked why picnickers needed to register. Mr. Asselmeier responded the register was required to know who was on the property. Member Nelson stated that the proposal only applies to campgrounds and not picnic groves or State parks. Discussion occurred regarding staffing or keycard to control access to the campgrounds.
Discussion occurred about pickup campers. Mr. Asselmeier responded that the language related to parking regulations.
Member Wilson favored the definition of Recreational Vehicle Park or Campground be amended by saying “... lease or rental...” instead of “... lease or rent...”
Member Wilson questioned the use of the word forest regarding clearing an area. Mr. Asselmeier stated that he did not know why that term was used in the 1983 regulation.
Member Nelson made a motion, seconded by Member Rodriguez, to recommend approval of the requested text amendment.
The votes were as follows:
Ayes (8): Ashton, Bledsoe, Casey, Hamman, McCarthy-Lange, Nelson, Rodriguez, and Wilson Nays (0): None
Absent (1): Stewart
The motion carried.
This proposal goes to the Kendall County Zoning Board of Appeals on September 28, 2020. Member Nelson noted a court case regarding numbering boards as they relate to campgrounds.
CITIZENS TO BE HEARD/ PUBLIC COMMENT
None
NEW BUSINESS
Approval of Letter from the Kendall County Regional Planning Commission to the Village of Shorewood Regarding the Go Pro Athletic Facility and Four Seasons Storage Development
Mr. Asselmeier presented the letter. Mr. Asselmeier noted that the Attorney representing the development requested that the letter be sent after the Village of Shorewood signed the plats.
Member Nelson made a motion, seconded by Member Hamman, to approve the letter. With a voice vote of eight (8) ayes, the motion carried.
Recommendation on Kendall County Regional Planning Commission Fiscal Year 2020-2021 Meeting Calendar
Member Wilson asked how the Annual Meeting would occur if COVID was still an issue. Mr. Asselmeier stated that the Commission would gather at a location. Attendees would have to socially distance and attendees would be encouraged to attend the meeting remotely.
Member Nelson made a motion, seconded by Member McCarthy-Lange, to recommend approval of the calendar as presented. With a voice vote of eight (8) ayes, the motion carried.
Discussion of Amendment to Article IX of the Kendall County Regional Planning Commission’s Bylaws Pertaining to the Location of the Annual Meeting of the Election of Officers; Commission Could Make a Motion to Amend the Location of the Annual Meeting of the Election of Officers Mr. Asselmeier presented the proposed amendment. The proposed amendment removes the location of the annual meeting for the election of officers.
Member Wilson made a motion, seconded by Member McCarthy-Lange, thirded by Member Casey, to approve the amendment as presented. The vote on the amendment will occur at the next Commission meeting.
OLD BUSINESS
None
REVIEW OF PETITIONS THAT WENT TO COUNTY BOARD
Mr. Asselmeier stated that Petition 19-39 Map Amendment and Special Use Permit for Four Seasons Storage and Petition 20-15 Final Plat Approval for the Go Pro Sports Subdivision passed at the County Board.
Mr. Asselmeier stated that Petition 20-14 Zoning Ordinance Project passed at the County Board with an amendment removing the language regarding research related home occupations and an amendment removing the soils requiring non-traditional septic systems from the calculation of open space.
Mr. Asselmeier reported that Petition 20-21 Fee Schedule Amendment passed at the County Board. The fee for conditional use permits for beekeeping would be One Hundred Dollars ($100), the same as other conditional use permits. The annual permit renewal fee for beekeeping was removed.
OTHER BUSINESS/ANNOUNCEMENTS
Chairman Ashton asked Mr. Asselmeier to send a letter asking townships to submit comments on zoning petitions.
Mr. Asselmeier reported that the County received a request from Grainco FS to amend the Future Land Use Map for their property on Wabena Avenue. Grainco FS would also like to rezone the property to M-1 Limited Manufacturing.
ADJOURNMENT
Member Wilson made a motion, seconded by Member Hamman, to adjourn. With a voice vote of eight (8) ayes, the motion carried.
The Kendall County Regional Plan Commission meeting adjourned at 8:26 p.m.
https://www.co.kendall.il.us/Home/ShowDocument?id=18562
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