Kendall County Times

Kendall County Zoning Board of Appeals met Sept. 28.

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, Cliff Fox, Tom LeCuyer, Randy Mohr, Dick Thompson, and Dick Whitfield

Members Absent: Karen Clementi

Staff Present: Matthew Asselmeier, AICP, CFM, Senior Planner

Others Present: Greg Dady, Gregg Ingemunson, and Michael Ballas

MINUTES:

Member Cherry made a motion, seconded by Member LeCuyer, to approve the minutes of the August 31, 2020 hearing/meeting. With a voice vote of six (6) ayes, the motion carried.

Chairman Mohr swore in Greg Dady, Gregg Ingemunson, and Michael Ballas.

PETITIONS

The Zoning Board of Appeals started their review of Amended Petition 20-02 at 7:01 p.m. Amended Petition 20 – 02 – Greg Dady on Behalf of DTG Investments, LLC Request: Text Amendments to the Kendall County Zoning Ordinance Adding 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 to the List of Special Uses in the A-1 District and Related Citation Corrections

Purpose: Proposal Adds Truck Parking Area or Yard to the List of Special Uses in the A-1 District 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 Kendall County Regional Planning Commission reviewed this proposal at their meeting on September 23, 2020. Commissioners expressed concerns about placing this type of use on A-1 zoned property. Several Commissioners felt this use would be more appropriate on property zoned for manufacturing. Commissioners were also concerned about the lack of restrictions within the proposed text amendment. Commissioners were also unhappy that the Petitioner moved a tenant onto property zoned A-1 without obtaining the necessary zoning permits. The Commission recommended denial of the request by vote of zero (0) in favor of the request and eight (8) in opposition. One (1) member of the Commission was absent. 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 she had concerns regarding the lack of a limit on the number of trucks and trips. 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.

Chairman Mohr noted that a trucking company is already operating at 3485 Route 126. Chairman Mohr opened the public hearing at 7:06 p.m.

Chairman Mohr asked if the proposal was specific to a 3485 Route 126. Mr. Asselmeier responded the amendment applies to all properties zoned A-1 that are located on a major collector or higher as defined in the Land Resource Management Plan.

Gregg Ingemunson, Attorney for the Petitioner, explained that the Petitioner did not understand that he needed to secure a new special use permit when the trucking company moved into the building. Mr. Ingemunson offered to limit the use to properties on State highways. He explained that employees pick up and park their trucks. The trucks receive and drop-off their loads at other locations. He offered to restrict the number of trucks entering and leaving the property at twenty-five (25). This figure was clarified to mean vehicle trips to and from the property and not number of trucks parked at the property. Mr. Ingemunson provided a history of Countryside Landscaping’s work at the property by installing new berm and other landscaping. The Petitioner plans to install an asphalt parking lot.

Member Whitfield asked if this use was similar to the use on the east side of Eldamain Road south of Galena Road. Mr. Asselmeier responded that the Eldamain Road property was rezoned to M-1. The Petitioner in this case originally tried to obtain a map amendment. However, Na-Au-Say Township had some reservations about other uses that could be placed at the property if it was rezoned to M-1. Out of respect to Na-Au-Say Township, the Petitioner chose to pursue the text amendment and special use permit under A-1 zoning.

Mr. Asselmeier noted that, if a property owner had a valid hardship, the roadway location requirement could be varied.

Chairman Mohr asked about the number of mechanics. Greg Dady responded that he saw six (6) mechanics at the property. Chairman Mohr expressed concerns regarding the ability of the septic system to handle the number of employees at 3485 Route 126.

The trucking company was not aware that they were in violation of the Zoning Ordinance. Chairman Mohr closed the public hearing at 7:15 p.m.

Mr. Asselmeier noted that other property owners in similar circumstances could ask for a special use permit, if the proposal is approved.

Member LeCuyer asked what the Future Land Map designated 3485 Route 126. Mr. Asselmeier responded Rural Residential.

Member Whitfield asked for Staff recommendation. Mr. Asselmeier responded that, because adequate restrictions could be placed on special use permits, Staff was agreeable to the proposal. This use would be appropriate on some A-1 zoned properties and inappropriate on some other A-1 zoned properties.

Discussion occurred about spot zoning. Mr. Asselmeier responded that the Zoning Board and the County Board could determine that the proposed use is a type of agricultural use or is consistent with agricultural uses. In that case, the use would not be spot zoning.

Mr. Asselmeier noted that the Petitioner probably would need additional special uses in the future when the existing lease expires.

Member Whitfield made a motion, seconded by Member LeCuyer, to recommend approval of the text amendment as presented.

The votes were as follows:

Ayes (4): Fox, LeCuyer, Thompson, and Whitfield

Nays (2): Cherry and Mohr

Absent (1): Clementi

The motion passed.

Chairman Mohr voted no because he felt this proposal was a type of spot zoning. He also noted that he received several phone calls, but no one was in attendance to express concerns in-person.

The townships will be notified of the results of the hearing.

This proposal will go to the Kendall County Planning, Building and Zoning Committee on November 9, 2020.

The Zoning Board of Appeals completed their review of Amended Petition 20-02 at 7:30 p.m. The Zoning Board of Appeals started their review of Amended Petition 20-05 at 7:30 p.m.

Amended Petition 20 – 05 – Greg Dady on Behalf of DTG Investments, LLC Request: Special Use Permit for a Truck Parking Area or Yard

PIN: 06-09-400-005

Location: 3485 Route 126, Na-Au-Say Township

Purpose: Petitioner Wants to Be Able to Operate a Truck Parking Area or Yard with Related Offices and Maintenance Facilities on the Property

Mr. Asselmeier summarized the request.

Greg Dady, on behalf of DTG Investments, LLC would like to operate a trucking company, specifically offices related to a trucking company, minor repair facilities for company trucks, and company truck parking at the subject property.

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.

The proposed text amendment (Amended Petition 20-02) would add the following to the list of special uses in the A-1 District:

“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 application materials, aerial of the property, aerial with the flood zone, plat of survey, and site were provided.

The subject property is approximately five point five (5.5) acres in size.

Route 126 is a State maintained arterial; there is a trail planned along Route 126. There is a floodplain on the north end of the property (Zone A-no base flood elevation determined). The adjacent uses are agricultural or agricultural related.

The adjacent zonings are A-1. The zonings in the area are A-1, R-1, and A-1 with special use permits. The Future Land Use Map calls for the area to be Rural Residential and Public Institutional.

The A-1 SU to the east is for a farm market, garden shop, winery, corn maze, and fall festival. The A-1 SU to the west is for a farm equipment sales and service business.

Oswego School District 308 owns the property southwest of the subject property. Ten (10) existing houses are within one half (1/2) mile of the subject property.

Pictures of the property and area were provided.

EcoCAT Report submitted and consultation was terminated.

The LESA Score was 189 indicating a low level of protection. The NRI Report was provided. Petition information was sent to Na-Au-Say Township on August 25, 2020.

Petition information was sent to the Village of Oswego on August 25, 2020. The property is inside Oswego’s planning boundary.

Petition information was sent to the Village of Plainfield on August 25, 2020. The property is within one point five (1.5) miles of Plainfield.

The Oswego Fire Protection District was sent information on August 25, 2020. On August 27, 2020, the Oswego Fire Protection District submitted an email stating that they had no specific concerns. They did note that the fire alarm system at the property was not in operation. The Oswego Fire Protection District email was provided.

ZPAC reviewed this proposal at their meeting on September 1, 2020. The Health Department asked about the septic system and catching spills in the maintenance bays. The Petitioner indicated that a triple catch basin exists in the bays. A change in occupancy permit for the business will be required. A permit for the sign will be required. The Petitioner was agreeable to paving the south parking lot with asphalt within ninety (90) days of the approval of the special use permit. The Petitioner said signage would be installed directing people not to park in the front yard setback or in locations that restricted access to the rear of the property through the drive on the east side of the property. The Petitioner was agreeable to the hours of operation and would obtain information regarding the height of the berm and number of trees on the berm. ZPAC recommended approval of the requested special use permit with a vote of six (6) in favor and zero (0) in opposition. Four (4) members were absent. The minutes of the meeting were provided.

The Kendall County Regional Planning Commission reviewed this proposal at their meeting on September 23, 2020. 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. The minutes of the meeting were provided.

The subject property has been used as a landscaping business and repair and restoration business. The order and special use permit that allowed these businesses were provided. The Petitioner would like to retain the special use permit for a cleanup and restoration business at the property.

According to the business plan, the property is leased to United Group Logistics. United Group Logistics is a trucking company that hauls freight throughout the State. They use the property for office space, minor truck repair/maintenance and a truck depot. The office space is used for accounting and dispatch and the bays are used for maintenance. Ten (10) employees are at the site and the hours of operation are Monday through Friday from 8:00 a.m. until 5:00 p.m. and Saturday from 8:00 a.m. until 3:00 p.m.

No maintenance of vehicles will occur outside the main building.

According to the site plan, there is one (1) approximately fourteen thousand (14,000) square foot metal building on the property that is used for office operations and maintenance. The site plan also shows one (1) metal silo and one (1) corn crib in the planned truck parking area. One (1) approximately one thousand six hundred (1,600) square foot wood frame machine shed is located on the northeast corner of the truck parking area. One (1) single-family home with a detached garage is located on the west side of the property.

Any new structures would require applicable building permits.

The property is served by well and septic.

There is floodplain as part of the Little Slough Creek on the property. This area is considered Zone A which means no flood elevation has been determined; therefore, this area is considered Floodway. No storage or parking should take place in the floodway.

Depending on the nature of new construction, which is not planned as part of this special use permit, stormwater management permits could be required.

The property has two accesses off of Route 126. The western access would be used by the existing house and the eastern access would be used by the business operating out of the metal barn.

According to the site plan, a parking area for trucks is shown north of the metal building. The parking area is gravel. No dimension information was provided.

The site plan shows fifteen (15) additional parking spaces to the north of the metal building and ten (10) parking spaces south of the metal building, including two (2) handicapped accessible spaces. A proposed asphalt addition is shown on the site plan. Within ninety (90) days of the approval of the special use permit ordinance, the property owner or operators of the business allowed by this special use permit shall install the asphalt parking spaces.

The Petitioner was agreeable to a condition stating that no work on vehicles would occur outside of the main building. Therefore, no issues related to spills or other motor vehicle related leaks were foreseen. The Petitioner was also agreeable to a condition to monitor the site for leaks.

No additional lighting beyond the existing lighting on the building and light near the entrance is planned at this time. Section 11:02.F.12.A requires an illumination plan for parking lots with thirty (30) or more parking spaces.

The site plan shows a sign. The sign is four feet by eight feet (4’X8’) in size. A light exists next to the sign.

The site plan shows a wooden fence around the property and a single gate east of the metal building. No information was provided regarding the size of the fence or gate.

A berm and several mature trees are between the metal building and Route 126. To date, no specific landscaping information was provided.

No information was provided regarding noise control.

No new odors are foreseen by the proposed use.

The proposed Findings of Fact are 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 provided that the operator of the business allowed by this special use permit develops the site according to the submitted site plan, follows the agreed upon hours of operation, and follows the Kendall County Inoperable Vehicle Ordinance, Kendall County Junk and Debris Ordinance, and related ordinances.

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. Provided that the business operates as proposed, no injury should occur to other property and property values should not be negatively impacted.

That adequate utilities, access roads and points of ingress and egress, drainage, and/or other necessary facilities have been or are being provided. Adequate utilities exist on the site based upon the number of proposed employees at the property. No parking shall occur in the floodplain. No additional buildings are planned for the site. The Petitioners are aware that parking cannot occur in the front yard setback. Route 126 is a State maintained road and should be able to handle the traffic.

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. Provided the text amendment adding truck parking area and yard are added to the list of special uses in the A-1 District, this is true.

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.”

Provided the proposed text amendment related to truck parking and area and yard is approved, Staff recommends approval of the requested special use permit subject to the following conditions and restrictions:

1. The site shall be developed substantially in accordance with the submitted plat of survey and site plan. The property owner or operators of the business allowed by this special use permit may remove the frame residence, garage, concrete, metal silo, wood frame machine shed, and corn crib without amending the site plan.

2. Within ninety (90) days of the approval of the special use permit ordinance, the property owner or operators of the business allowed by this special use permit shall install the asphalt parking spaces shown on the submitted site plan.

3. No parking or storage shall occur within the floodplain at the north end of the property.

4. Mr. Asselmeier noted that additional information about the berm and plantings was needed for this condition. The property owner or operators of the business allowed by this special use permit shall maintain the existing undefined foot tall berm and unknown number trees on the berm. Dead or damaged vegetation shall be replaced on a timetable approved by the Kendall

County Planning, Building and Zoning Department.

5. One (1) four foot by eight foot (4’X8’) sign may be installed on the subject property in substantially the location shown on the site plan. The property owner or operators of the business allowed by this special use permit may install additional directional and no parking signage in order to ensure that no parking occurs in the required front yard setback and that the access to the rear (north) of the property is not blocked via the existing asphalt drive.

6. None of the vehicles parked on premises shall be considered agricultural equipment as they relate to the business allowed by the special use permit.

7. All of the vehicles parked on the premises shall be maintained in good condition with no deflated tires and shall be licensed if required by law.

8. No maintenance may occur on any vehicle outside of the fourteen thousand (14,000) square foot building.

9. The property owner or operators of the business allowed by this special use permits shall diligently monitor the property for vehicle related leaks and shall promptly clean up the site if leaks occur.

10. The hours of operation for the business allowed by this special use permit shall be Monday through Friday from 8:00 a.m. until 5:00 p.m. and Saturday from 8:00 a.m. until 3:00 p.m. Drivers may drop-off trucks outside these hours of operations. No one associated with the business allowed by the special use permit shall spend the night at the property. The property owner or operators of the business allowed by this special use permit may reduce these hours of operation.

11. The total maximum number of employees for the business allowed by this special use permit shall be ten (10).

12. The property owner and operators of the business allowed by this special use permit acknowledge and agree to follow Kendall County’s Right to Farm Clause.

13. The conditions and restrictions contained in Ordinance 2014-29 pertaining to the operation of a clean-up restoration service/business shall remain valid, enforceable, and separate from the conditions and restrictions for the special use permit for a truck parking area or yard.

14. The property owner and operators of the business allowed by this special use permit shall follow all applicable Federal, State, and Local laws related to the operation of these types of businesses.

15. 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.

16. If one or more of the above conditions is declared invalid by a court of competent jurisdiction, the remaining conditions shall remain valid.

Discussion occurred regarding the recommendation pertaining to the installation of the asphalt parking lot. The consensus of the Board was to set the deadline at May 15th for the installation of the asphalt parking lot. The Petitioner was agreeable to that deadline.

Chairman Mohr opened the public hearing at 7:43 p.m.

ZBA Meeting Minutes 9.28.20 Page 9 of 15

Greg Dady stated the berm was ten feet (10’) feet tall and twenty (20) trees at least twenty feet (20’) in height were located on the berm.

Chairman Mohr requested that the licenses be valid in Condition 7.

Chairman Mohr wanted to see that the Health Department inspected the septic system. Mr. Asselmeier noted that Condition 14 requires the Petitioner to obtain a new certificate of occupancy.

Mr. Asselmeier asked if the parking lot will be full of cars when the business is closed. Gregg Ingemunson responded that truck drivers could leave their vehicles overnight at the property.

Mr. Asselmeier asked if the tenant was aware and agreeable to the proposed conditions. Mr. Dady responded yes.

Chairman Mohr asked who owns the trailers. No private, non-company owned trucks are stored at the property and all mechanics are employees of the company leasing the building. No outdoor maintenance on the trucks will occur.

Chairman Mohr closed the public hearing at 7:47 p.m.

Member Thompson made a motion, seconded by Member Fox, to approve the Findings of Fact as presented.

The votes were as follows:

Ayes (6): Cherry, Fox, LeCuyer, Mohr, Thompson, and Whitfield

Nays (0): None

Absent (1): Clementi

The motion passed.

Member LeCuyer made a motion, seconded by Member Whitfield, to recommend approval of the special use permit with the conditions proposed by Staff with the following amendments:

1. Condition 2 was amended to require the property owner or operator of the business allowed by the special use permit install the asphalt parking lot by May 15, 2021.

2. Condition 4 was amended to specify the berm at ten feet (10’) tall and to specify twenty (20) trees with a minimum of twenty feet (20’) feet in height on the berm.

3. Condition 7 was amended to state that vehicles shall have valid licenses if required by law.

The votes were as follows:

Ayes (6): Cherry, Fox, LeCuyer, Mohr, Thompson, and Whitfield

Nays (0): None

Absent (1): Clementi

The motion passed.

This proposal will go to the Kendall County Planning, Building and Zoning Committee on November 9, 2020.

The Zoning Board of Appeals completed their review of Amended Petition 20-05 at 7:52 p.m. The Zoning Board of Appeals started their review of Amended Petition 20-01 at 7:52 p.m.

Amended Petition 20 – 01 – Kendall County Planning, Building and Zoning Committee Request: Text Amendments to the Kendall County Zoning Ordinance Amending Recreational Vehicle Park and Campground Zoning Regulations and Repealing the 1983 Recreational Vehicle Park and Campground Regulations

Purpose: Proposal Updates the Recreational Vehicle Park and Campground Zoning Regulations 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 Kendall County Regional Planning Commission reviewed this proposal at their meeting on September 23, 2020. Discussion occurred regarding the importance of maps of the campgrounds and recreational vehicle parks. Discussion also occurred regarding the need for picnickers to be included on the register. The Kendall County Regional Planning Commission recommended approval by a vote of eight (8) in favor and zero (0) in opposition. One (1) Commissioner was absent. The minutes of the 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 9.04.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 Fox asked if the information required for submittal was similar to subdivisions in terms of utilities. Mr. Asselmeier responded that the information required for submittal is the same information required for other special use permits and that some lots within the campground or recreational vehicle park may be primitive and not have water or sewer facilities for a given lot.

Chairman Mohr asked if existing campgrounds and recreational vehicle parks were grandfathered. Mr. Asselmeier stated that the existing campgrounds and recreational vehicle parks were grandfathered unless they changed their special use permit.

Chairman Mohr asked about enforcement in cases of permanent residents. Mr. Asselmeier responded that the campground or recreational vehicle park is notified to remove the permanent resident. If the campground or recreational vehicle park does not remove the permanent resident, then they are prosecuted through the ordinance enforcement process.

Discussion occurred regarding trail maintenance. The consensus of the Board was that the recreational vehicle park or campground’s insurance company would have concerns regarding trail maintenance.

Chairman Mohr opened the public hearing at 8:06 p.m.

Michael Ballas requested clarification on grandfathering. Mr. Asselmeier explained the amendment process for existing special use permits. The existing campgrounds and recreational vehicle parks should assume that if they change their site plans, even for minor amendments, the new regulations would apply.

Staff will note in the files of existing campgrounds that they are grandfathered. Chairman Mohr closed the public hearing at 8:10 p.m.

Member Whitfield made a motion, seconded by Member Fox, to recommend approval of the text amendment as presented.

The votes were as follows:

Ayes (6): Cherry, Fox, LeCuyer, Mohr, Thompson, and Whitfield

Nays (0): None

Absent (1): Clementi

The motion passed.

The townships will be notified of the results of the hearing.

This proposal will go to the Kendall County Planning, Building and Zoning Committee on November 9, 2020.

The Zoning Board of Appeals completed their review of Amended Petition 20-01 at 8:12 p.m.

NEW BUSINESS/OLD BUSINESS

Recommendation on Fiscal Year 2020-2021 Meeting Schedule

Mr. Asselmeier presented the proposed meeting schedule.

The consensus of the Board was to approve the meeting calendar with an amendment to move the May 31st meeting date to June 2nd.

REVIEW OF PETITIONS THAT WENT TO THE COUNTY BOARD

Mr. Asselmeier stated that Petition 19-39 Map Amendment and Special Use Permit for Four Seasons Storage 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 also 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.

PUBLIC COMMENTS

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 OF THE ZONING BOARD OF APPEALS

Member LeCuyer made a motion, seconded by Member Cherry, to adjourn. With a voice vote of six (6) ayes, the motion carried.

The Zoning Board of Appeals meeting adjourned at 8:18 p.m.

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