Kendall County Zoning Board of Appeals met Nov. 1.
Here are 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: Cliff Fox, Tom LeCuyer, Randy Mohr, Dick Thompson, and Dick Whitfield
Members Absent: Scott Cherry and Karen Clementi
Staff Present: Matthew Asselmeier, AICP, CFM, Senior Planner
Others Present: Brenda Zeiter, Boyd Ingemunson, Ron Miller, and Fran Miller
Chairman Mohr announced that Karen Clementi was resigning from the Zoning Board of Appeals.
MINUTES:
Member LeCuyer made a motion, seconded by Member Fox, to approve the minutes of the September 27, 2021 hearing/meeting.
With a voice vote of five (5) ayes, the motion carried.
Chairman Mohr announced that Petition 21-39 was withdrawn by the Petitioner. Chairman Mohr swore in Brenda Zeiter, Boyd Ingemunson, Ron Miller, and Fran Miller.
PETITIONS
The Zoning Board of Appeals started their review of Petition 21-36 at 7:01 p.m.
Petition 21 – 36 – Brenda and Gary Zeiter and Devan and Brady Woolverton
Request: Special Use Permit for a Landscaping Business
PIN: 09-21-100-009
Location: 3549 and 3527 Bell Road in Seward Township
Purpose: Petitioner Wishes to Operate a Landscaping Business at the Property; Property is Zoned A-1
Mr. Asselmeier summarized the request.
The Petitioners would like to operate a landscaping business, Zeiter Landscaping, Inc., at the subject property.
The application materials, NRI Report, site plan, topographic survey, pictures of the proposed landscaping and the aerial of the property were provided.
In 2000, Brenda and Gary Zeiter were awarded a special use permit at 16765 Hanson Road for their landscaping business. While they indicated their plans include moving the business from Hanson Road to the subject property, they would like to retain a special use permit at the Hanson Road property. The special use permit for the property on Hanson Road was provided. Since 2000, neither the Sheriff’s Department nor the Planning, Building and Zoning Department have received any complaints regarding the landscaping business on Hanson Road.
If approved, the landscaping business would be addressed as 3549 Bell Road. A house for the owner/operator of the business is planned on the southern portion of the property and would be addressed as 3527 Bell Road.
The property was approximately ten (10) acres in size.
The County’s Future Land Use Map called for the property to be Rural Residential (Max 0.65 DU/acre). Shorewood’s Future Land Use Map called for the property to be Residential.
Bell Road is a Township maintained Minor Collector.
There were no trails planned in the area.
There are no floodplains or wetlands on the property.
The adjacent land uses were agricultural and farmstead.
The adjacent properties were zoned A-1.
Kendall County’s Future Land Use Map called for the area to be Rural Residential. Shorewood’s Future Land Use Map called for the area to be Residential.
The nearby properties were zoned A-1, A-1 SU and R-1.
The A-1 special use permit to the north is horse related and the special use permit to west is for an agricultural helipad.
EcoCAT Report was submitted and consultation was terminated.
The NRI application was submitted and the LESA Score was 233 indicating a high level of protection. The NRI Report was provided.
The Seward Township Planning Commission reviewed this proposal on May 13, 2021, and recommended the project move forward. The minutes of this meeting were provided.
Petition information was sent to the Village of Shorewood on September 24, 2021. Since the property was greater than one point five (1.5) miles from the Village, Shorewood declined to comment on the proposal. The email stating their position was provided.
Petition information was sent to the Lisbon-Seward Fire Protection District on September 24, 2021. The Lisbon-Seward Fire Protection District submitted an email on October 6, 2021, requesting at least one (1) fire extinguisher and one (1) first aid kit on the property. The email was provided. The Petitioners were agreeable to this request.
ZPAC reviewed this proposal at their meeting on October 5, 2021. Discussion occurred regarding having landscaping businesses on minor collector roads. The Kendall County Soil and Water Conservation District requested a soil erosion and sediment control plan in place during construction and the need to secure a NPDES Permit if one (1) acre or more land was disturbed. The Petitioner has secured applicable building permits for the house from the Kendall County Planning, Building and Zoning Department and the Kendall County Health Department. The Kendall County ZPAC recommended approval of the proposal with the conditions proposed by Staff by a vote of eight (8) in favor and zero (0) in opposition with two (2) members absent. The minutes of the meeting were provided.
The Kendall County Regional Planning Commission reviewed this proposal at their meeting on October 27, 2021. Ron and Fran Miller were concerned about the lack of landscaping on the north side of the subject property. They noted that landscaping was planned on the west and east sides of the subject property. They were concerned about the storage of debris and equipment north of the metal building. They requested a berm and trees north of the metal building. They also provided pictures of tires laying in the field. The Petitioners were agreeable to the addition of a restriction stating that no storage of any materials or equipment related to the business allowed by this special use permit shall occur north of the northern “Proposed Limit of Landscaping Business” line as shown on the topographic survey and this same area shall be used for agricultural purposes only. This line was approximately five hundred fifty feet (550’) south of the northern property line. The special use would run with the land and a future property could operate a landscaping business under the same conditions as approved by the County Board. No other business could go on the property without securing proper zoning; a trucking company could not locate on the property. Member Wilson noted that the Petitioners transformed the property on Hanson Road into a showcase. The Kendall County Regional Planning Commission recommended approval of the requested special use permit with the conditions proposed by Staff and the added condition that no storage of any materials or equipment related to the business allowed by this special use permit shall occur north of the northern “Proposed Limit of Landscaping Business” line as shown on the topographic survey and this same area shall be used for agricultural purposes only by vote of six (6) in favor and zero (0) in opposition with three (3) members absent. Member Wilson recused herself. The minutes of the meeting were provided.
Per Section 7:01.D.30 of the Kendall County Zoning Ordinance, landscaping businesses can be special uses on A-1 zone property subject to the following conditions:
1. All vehicles, equipment and materials associated with a landscaping business shall be stored entirely within an enclosed structure, unless otherwise permitted under the terms of this Special Use Permit.
2. The business shall be located on, and have direct access to, a State, County or Collector Highway as identified in the County’s LRMP, having an all-weather surface, designed to accommodate loads of at least 73,280 lbs, unless otherwise approved in writing by the agency having jurisdiction over said Highway. Such approvals shall establish limitations as to the number of employees and types of vehicles coming to and from the site that are engaged in the operation of the use (including delivery vehicles). These restrictions shall be included as controlling conditions of the Special Use.
3. No landscape waste generated off the property can be burned on this site.
If the County Board approves the outdoor storage of materials, the above conditions have been met.
According to the submitted business plan, Zeiter Landscaping, Inc. has been in business over twenty-five (25) years. The business operates from March through November and employs ten (10) people. The business is operational Monday through Saturday. Employees arrive at the property between 6:15 a.m. and 7:00 a.m., gather supplies and equipment, and leave the property for job site by 7:30 a.m. Employees return to the property between 5:00 p.m. and 6:00 p.m., unload equipment and supplies, and leave the property.
All business related vehicles and equipment would be parked inside overnight and trailers would be parked in the rear of the property.
Employee’s personal vehicles would remain on the property during business hours.
Deliveries of landscaping materials by semis would occur no more than two to three (2-3) times per week.
If approved, the Petitioners plan to start operations immediately.
According to the site plan and the topographic survey, one (1) approximately two thousand four hundred (2,400) square foot house for the operators of the landscaping business is planned on the south side of the property. One (1) approximately twelve thousand (12,000) square foot metal building would be also be placed on the property. This building will be one (1) story with two (2) canopies.
According to the site plan, four (4) storage bins for landscaping materials would be located northeast of the metal building. These bins would be approximately ten feet (10’) west of the eastern property line. The bins would be a total of ninety-six feet (96’) wide, eighteen feet (18’) in depth, and materials as high as eight feet (8’) in height.
Any structures related to the landscaping business would be required to obtain applicable building permits.
Per the site plan and the topographic survey, the property is served by septic. The property also has a well. Electricity will be onsite.
Employees will be able to use the restroom inside the metal building.
There is also a propane tank on the premises located north of the metal building.
Though not shown on the site plan or topographic survey, a dumpster is planned north of the metal building.
There are three (3) natural gas pipelines going through the property.
The Petitioners plan to construct the metal building on one (1) of the highest points of the property. The northern portion of the property drains to the northwest and the southern portion of the property drains to the southeast.
The topographic survey shows several temporary dirt berms around the house. These berms will be removed when construction of the house is complete.
A stormwater management permit will be required.
WBK submitted a letter requesting additional information; the letter was provided.
Per the site plan and topographic survey, access from Bell Road to the business operation will be by a twenty foot (20’) wide driveway located approximately twenty-five feet (25’) off of the eastern property line. The driveway will be constructed of asphalt grindings. The new house will also utilize the driveway.
According to the site plan the Petitioners plan to install an area around the metal building with asphalt grindings. There are five (5) parking spaces available on the east side of the area for employee parking. Trailers would be parked north of the metal building.
No customers of the business would be invited onto the property.
No handicapped parking spaces were planned.
If there is a motor vehicle or equipment related leak, the area impacted would be cleaned.
The Petitioners indicated that they plan to install one (1) light in the middle of the metal building facing east, one (1) on the metal building facing north, and three (3) can lights under the office and garage area. Because the number of parking spaces was under thirty (30), a photometric plan was not required, but the Petitioners will be required to follow the applicable lighting regulations in the Kendall County Zoning Ordinance.
Though not shown on the site plan or the topographic survey, the Petitioners would like to install one (1) two (2)-faced sign on the east side of the driveway. The sign will not be illuminated.
No fencing is planned.
The topographic survey shows one (1) area south of the employee parking with mulch and evergreens. A second mulch and evergreen area is shown northwest of the metal building. Pictures of the type of vegetation that would be installed were provided. The plantings will consist of nine (9) eight foot (8’) Colorado Blue Spruce and five (5) maple trees between two point five inches and three inches (2.5” and 3”) caliber. The plantings would be installed by the end of 2021.
One (1) berm south of the metal building is shown on the topographic survey. The berm will have landscaping and evergreens. The berm shall be two point five feet (2.5’) in height and five feet (5’) wide.
One (1) gravel mound is shown on the topographic survey. The Petitioners plan to have it leveled by the end of November.
No information was provided regarding noise control.
No new odors are foreseen by the proposed use.
If approved, this would be the eighteenth (18th) special use permit for a landscaping business in unincorporated Kendall County.
The proposed Findings of Fact were 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. Provided the site is developed in accordance with the submitted site plan and topographic plan and provided the business plan is followed regarding hours of operation and business related deliveries, the operation of the special use will not be detrimental to the public health, safety, morals, comfort, or general welfare. The owners of the business allowed by the special use permit will not invite the public onto the property. Only landscape related materials and equipment will be stored at the subject property.
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. Appropriate restrictions may be placed in the special use permit to regulate the number of employees, hours of operation, site landscaping, and noise. Therefore, the neighboring property owners should not suffer loss in property values and the use will not negatively impact the adjacent 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. If Seward Township approves the new access point, then adequate points of ingress and egress will be provided. No customers will be allowed on the property and employees will be able to use the restroom facilities inside the metal building. The owners of the business allowed by the special use permit have applied for the applicable stormwater permit.
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. The special use shall conform to the applicable regulations of the district and no variances were requested.
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 9-21 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”.
Staff recommended approval of the special use permit for a landscaping business subject to the following conditions and restrictions:
1. The site shall be developed substantially in accordance with the site plan and topographic survey. A refuse area may be installed north of the metal building. One (1) two (2)-faced sign may be installed east of the driveway. The sign shall not be illuminated.
2. No storage of any materials or equipment related to the business allowed by this special use permit shall occur north of the northern “Proposed Limit of Landscaping Business” line as shown on the topographic survey and this same area shall be used for agricultural purposes only.
3. The owners of the business allowed by the special use permit shall maintain the parking area and driveway shown on the site plan and in substantially the same locations as depicted on the site plan and topographic survey. The parking area and driveway shall be asphalt grindings.
4. The owners of the businesses allowed by this special use permits shall diligently monitor the property for leaks from equipment and vehicles parked and items stored on the subject property and shall promptly clean up the site if leaks occur.
5. Any new structures, signs, or lights constructed or installed on the property related to the operations of the business allowed by this special use permit shall not be considered for agricultural purposes and must secure applicable building permits.
6. Equipment and vehicles related to the business allowed by the special use permit must be stored indoors during non-operational business hours. This condition does not extend to trailers; they may be stored outdoors in the trailer parking area designated on the site plan.
7. None of the vehicles or equipment parked or stored on the subject property related to the business allowed by the special use permit shall be considered agricultural vehicles or agricultural equipment.
8. All of the vehicles and equipment stored on the subject property related to the business allowed by the special use permit shall be maintained in good condition with no deflated tires and shall be licensed if required by law.
9. Except for the purposes of loading and unloading, all landscape related materials shall be stored indoors or in the designated storage areas shown on the site plan. The maximum height of the piles of landscaping related material shall be eight feet (8’), provided a Stormwater Management Permit is issued.
10. Nine (9) Colorado Blue Spruce, a minimum of eight feet (8’) in height, and five (5) maple trees at least two point five inch (2.5”) caliber at the time of planting shall be planted in the areas identified as landscaping and areas with mulch and evergreens and on the dirt berm as identified in the topographic survey and as visually depicted on the landscaping submitted images. Damaged or dead trees or Colorado Blue Spruces shall be replaced on a timeframe approved by the Kendall County Planning, Building and Zoning Department. The landscaping shall be installed by December 31, 2021. The Kendall County Planning, Building and Zoning Committee may grant an extension to this deadline.
11. No landscape waste generated off the property can be burned on the subject property.
12. A maximum of ten (10) employees of the business allowed by this special use permit, including the owners of the business allowed by this special use permit, may report to this site for work. No employees shall engage in the sale of landscaping related materials on the property.
13. No customers of the business allowed by this special use permit shall be invited onto the property by anyone associated with the use allowed by this special use permit.
14. The hours of operation of the business allowed by this special use permit shall be Monday through Saturday from 6:00 a.m. until 6:00 p.m. The owners of the business allowed by this special use permit may reduce these hours of operation.
15. Deliveries of materials related to the business allowed by the special use permit by semis or tractor trailers shall be restricted to a maximum of three (3) in a seven (7) day period. There shall be no cap on the number of deliveries of materials related to the business allowed by the special use permit by non-semis or non-tractor trailers.
16. The noise regulations are as follows:
Day Hours: No person shall cause or allow the emission of sound during daytime hours (7:00 A.M. to 10:00 P.M.) from any noise source to any receiving residential land which exceeds sixty five (65) dBA when measured at any point within such receiving residential land, provided; however, that point of measurement shall be on the property line of the complainant.
Night Hours: No person shall cause or allow the emission of sound during nighttime hours (10:00 P.M. to 7:00 A.M.) from any noise source to any receiving residential land which exceeds fifty five (55) dBA when measured at any point within such receiving residential land provided; however, that point of measurement shall be on the property line of the complainant.
EXEMPTION: Powered Equipment: Powered equipment, such as lawn mowers, small lawn and garden tools, riding tractors, and snow removal equipment which is necessary for the maintenance of property is exempted from the noise regulations between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
17. At least one (1) functioning fire extinguisher and one (1) first aid kit shall be on the subject property. Applicable signage stating the location of the fire extinguisher and first aid kit shall be placed on the subject property.
18. The owners or operators of the business allowed by this special use shall reside at the subject property as their primary place of residence.
19. The owners of the business allowed by this special use permit acknowledge and agree to follow Kendall County’s Right to Farm Clause.
20. The property owner and operator of the business allowed by this special use permit shall follow all applicable Federal, State, and Local laws related to the operation of this type of business.
21. 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.
22. If one or more of the above conditions is declared invalid by a court of competent jurisdiction, the remaining conditions shall remain valid.
23. This special use permit shall be treated as a covenant running with the land and is binding on the successors, heirs, and assigns as to the same special use conducted on the property.
Member Whitfield asked why the number of employees was capped. Mr. Asselmeier responded that the Zoning Ordinance requires that the number of employees and number vehicle trips be set in the special use permit.
Chairman Mohr asked if Bell Road was a posted road. Mr. Asselmeier said that at least a portion of the road was a posted road. The Petitioners would have to adjust their business operations around the weight restrictions. The Petitioners also have to live at the subject property and drive on the roads, if the roads became rough.
Chairman Mohr asked if the home under construction was properly permitted. Mr. Asselmeier responded yes.
Chairman Mohr opened the public hearing at 7:16 p.m.
Ron Miller thanked the Zoning Board of Appeals for their consideration of the request. Chairman Mohr closed the public hearing at 7:17 p.m.
Member LeCuyer made a motion, seconded by Member Thompson, to approve the Findings of Fact for the special use permit.
The votes were as follows:
Ayes (5): Fox, LeCuyer, Mohr, Thompson, and Whitfield
Nays (0): None
Abstain (0): None
Absent (2): Cherry and Clementi
The motion passed.
Member Whitfield made a motion, seconded by Member Fox, to recommend approval of the special use permit with the conditions proposed by Staff.
The votes were as follows:
Ayes (5): Fox, LeCuyer, Mohr, Thompson, and Whitfield
Nays (0): None
Abstain (0): None
Absent (2): Cherry and Clementi
The motion passed.
The proposal will go to the Kendall County Planning, Building and Zoning Committee on Monday, November 8, 2021.
The Zoning Board of Appeals completed their review of Petitions 21-36 at 7:20 p.m.
Without objection, the agenda was amended to move Petitions 21-40 and 21-41 to ahead of Petition 21- 37.
Without objection, the review of Petitions 21-40 and 21-41 were combined.
The Zoning Board of Appeals started their review of Petitions 21-40 and 21-41 at 7:20 p.m.
Petition 21 – 40 – Robert J. Fisher
Request: Amendment to the Future Land Use Map in the Kendall County Land Resource Management Plan by Reclassifying the Subject Property from Agricultural to Rural Estate Residential (Max 0.45 DU/Acre)
PIN: 09-29-400-005
Location: West Side of O’Brien Road Across from 16924 O’Brien Road in Seward Township Purpose: Petitioner Wishes to Rezone the Property to R-1 to Construct One House
Petition 21 – 41 – Robert J. Fisher
Request: Map Amendment Rezoning the Subject Property from A-1 Agricultural District to R-1 One Family Residential District
PIN: 09-29-400-005
Location: West Side of O’Brien Road Across from 16924 O’Brien Road in Seward Township Purpose: Petitioner Wishes to Rezone the Property to R-1 to Construct One House
Mr. Asselmeier summarized the requests.
Robert J. Fisher would like an amendment to the Future Land Use Map contained in the Land Resource Management Plan for approximately nineteen point five more or less (19.5 +/-) acres located on the west side of O’Brien Road across from 16924 O’Brien Road. The Petitioner would also like to rezone the property R-1 in order to construct one (1) house on the property.
The application materials, aerial of the property, and aerial of the property with the floodplain was provided.
The County’s Future Land Use Map called for the property to be Agricultural. Minooka’s Future Land Use Map called for the property to be Low Density Residential.
O’Brien Road is a Township maintained Local Road. Minooka has a road planned connecting Whitewillow and O’Brien Roads.
Minooka has a trail planned along O’Brien Road.
There is floodplain and a riverine wetland on the property. An unnamed tributary of the Middle Aux Sable Creek flows through the property.
The adjacent land uses were Agricultural and Farmstead.
The adjacent properties were zoned A-1.
The Kendall County Land Resource Management Plan called for the property to the north to be Rural Estate Residential (Max 0.45 DU/acre). The property to the east would be Rural Residential (Max 0.65 DU/acre). The properties to the south and west were classified as Agricultural.
The Village of Minooka’s Future Land Use Map called for the area to the north, south, and west to be Low Density Residential. The land to the east was planned to be a Regional Park.
The properties in the vicinity were zoned A-1.
EcoCAT Report submitted and consultation was terminated.
The application for NRI was submitted on September 21, 2021. The LESA Score was 229 indicating a high level of protection. The NRI was provided.
Petition information was sent to Seward Township on September 24, 2021. No comments have been received.
Petition information was sent to the Village of Minooka on September 24, 2021. No comments have been received.
Petition information was sent to the Minooka Fire Protection District on September 24, 2021. No comments have been received.
ZPAC reviewed these proposals at their meeting on October 5, 2021. Discussion occurred about a future subdivision of the property and the need to obtain proper permits when development occurred. ZPAC recommended approval of the request by a vote of eight (8) in favor and zero (0) in opposition with two (2) members absent. The minutes of the meeting were provided.
The Kendall County Regional Planning Commission held a public hearing on the requested change to the Future Land Use Map on October 27, 2021. No members of the public testified in favor or in opposition to the request. The Kendall County Regional Planning Commission recommended approval of the request by a vote of seven (7) in favor and zero (0) in opposition with three (3) members absent. The minutes of the hearing were provided.
The Kendall County Regional Planning Commission also reviewed the proposed map amendment at their meeting on October 27, 2021. Discussion occurred about the amount of floodplain on the property and the number of houses that could be constructed on the property without a formal subdivision. A maximum of three (3) lots could be created from the subject property without the submittal of a formal subdivision. The Petitioner’s Attorney noted that the Petitioner has no plans to build a house; the Petitioner wanted to sell the property and market the property as a residential site. No other members of the public spoke at the meeting. The Kendall County Regional Planning Commission recommended approval of the request by a vote of seven (7) in favor and zero (0) in opposition with two (3) members absent. The minutes of the meeting were provided.
The Future Land Use Map of the Village of Minooka calls for the area to residential and for a park to be located across the street of the subject property on the east side of O’Brien Road.
The requested amendment is consistent with the Future Land Use Map of the Village of Minooka.
The property to the north of the subject property already possesses the classification requested for the subject property.
The Petitioner desires to rezone the subject property in order to build one (1) house on the property. A future owner might subdivide the property for additional houses.
Any new homes or accessory structures would be required to meet applicable building codes. There is electricity along O’Brien Road. No other public or private utilities are onsite.
The property fronts O’Brien Road. Staff has no concerns regarding the ability of O’Brien Road to support the proposed map amendment.
Any new driveways constructed would be for residential purposes. Any new driveways would have to meet applicable regulations and secure proper permits.
No new odors are foreseen.
Any new lighting would be for residential use only.
Any fencing, landscaping, or screening would be for residential purposes.
Any signage would be residential in nature.
No noise is anticipated.
Any new homes would have to be constructed per Kendall County’s Stormwater Management Ordinance.
The proposed Findings of Fact were as follows:
Existing uses of property within the general area of the property in question. The surrounding properties are used for agricultural purposes or larger lot single-family residential uses.
The Zoning classification of property within the general area of the property in question. The surrounding properties are zoned A-1.
The suitability of the property in question for the uses permitted under the existing zoning classification. The Petitioner cannot construct a house on the property unless the property is rezoned. Only agricultural uses would be permitted if the map amendment did not occur.
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 a mix of agricultural and single-family residential uses found in rural settings.
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 Agricultural, the property to the north as Rural Estate Residential (Max 0.45 DU/Acre), and the property to the east as Rural Residential (Max 0.65 DU/Acre). The Village of Minooka’s Future Land Use Map classifies this property as Low Density Residential. The Petitioner submitted a request amending the Kendall County Future Land Use Map to reclassify the subject property as Rural Estate Residential. The R-1 One Family Residential District is consistent with the Rural Estate Residential classification.
Staff recommended approval of the requested amendment.
If the requested amendment to the Future Land Use Map in the Land Resource Management Plan reclassifying this property as Rural Estate Residential was approved, Staff recommended approval of the proposed map amendment.
Chairman Mohr noted that putting two (2) houses on the property would be possible, but difficult. A third house would be difficult until Minooka extended Whitewillow Road.
Chairman Mohr asked if Rural Estate Residential allowed horses. Mr. Asselmeier responded yes.
The minimum lot size for the R-1 District is approximately two point nine-nine (2.99) acres. Discussion occurred about how much land would be available after accounting for setbacks and the placement of well and septic systems.
Chairman Mohr opened the public hearing at 7:28 p.m.
Chairman Mohr asked how the Petitioner planned to market the property. Boyd Ingemunson, Attorney for the Petitioner, said the Petitioner was going to market the property in its totality to build one (1) house. The Petitioner has no plans to divide the property; they will sell the whole piece at one (1) time. Chairman Mohr closed the public hearing at 7:29 p.m.
Member LeCuyer made a motion, seconded by Member Whitfield, to approve the Findings of Fact for the map amendment.
The votes were as follows:
Ayes (5): Fox, LeCuyer, Mohr, Thompson, and Whitfield
Nays (0): None
Abstain (0): None
Absent (2): Cherry and Clementi
The motion passed.
Member LeCuyer made a motion, seconded by Member Fox, to recommend approval of the change to the Future Land Use Map as requested.
The votes were as follows:
Ayes (5): Fox, LeCuyer, Mohr, Thompson, and Whitfield
Nays (0): None
Abstain (0): None
Absent (2): Cherry and Clementi
The motion passed.
Member LeCuyer made a motion, seconded by Member Whitfield, to recommend approval of the map amendment.
The votes were as follows:
Ayes (5): Fox, LeCuyer, Mohr, Thompson, and Whitfield
Nays (0): None
Abstain (0): None
Absent (2): Cherry and Clementi
The motion passed.
Seward Township and the Village of Minooka will be notified of the results of the hearing.
Mr. Ingemunson requested that the Planning, Building and Zoning Committee review the proposals in November. Mr. Asselmeier will contact Planning, Building and Zoning Committee Chairman Scott Gengler and get his opinion.
The Zoning Board of Appeals completed their review of Petitions 21-40 and 21-41 at 7:33 p.m. The Zoning Board of Appeals started their review of Petition 21-37 at 7:33 p.m.
Petition 21 – 37 – Kendall County Planning, Building and Zoning Committee
Request: Text Amendments to the Kendall County Zoning Ordinance Pertaining to the Illinois Garden Act and Roadside Stand Regulations
Purpose: Petitioner Wishes Vegetable Gardens and Roadside Stands To Be Permitted Uses on all Residentially Zoned Properties, Establishes Sight-Line Requirements to Vegetable Gardens, Updates Appendix 9, Table of Uses, and Makes Citation Corrections to the Zoning Ordinance
Mr. Asselmeier summarized the request.
Earlier in 2021, the Illinois General Assembly passed and the Governor signed Public Act 102-0180 (formerly House Bill 0633) also known as the Garden Act.
The Garden Act allows people to plant vegetable gardens as the primary use on residential pieces of property. Further, no county in Illinois can prevent people from using residential property for the purpose of vegetable gardens. The Garden Act becomes effective January 1, 2022. A copy of Public Act 102-0180 was provided.
Presently, farming is a permitted use on A-1, RPD-1, RPD-2, and RPD-3 zoned property in unincorporated Kendall County.
Also, per Section 4:05.B of the Kendall County Zoning Ordinance, gardens may encroach up to all property lines.
At their meeting on September 13, 2021, the Kendall County Planning, Building and Zoning Committee voted to initiate text amendments to the Zoning Ordinance to allow vegetable gardening as a primary use on R-1, R-2, R-3, R-4, R-5, R-6, and R-7 zoned property, allow roadside stands selling agricultural products grown on the premises in the same residential zoning districts, and to restrict gardens from forty foot (40’) sight triangles where two (2) public streets meet. Roadside stands must be setback at least ten feet (10’) from the nearest right-of-way.
Below please find the redlined version of the proposal:
8:02.A Permitted Uses in the R-1
5. Lands and buildings used for horticulture or farm purposes including vegetable gardens as defined by the Garden Act.
8:06.A Permitted Uses in the R-2
1. Any permitted use in the R-1 One-Family Estate Residence District, Section 8:02.A except:
a. Lands and buildings used for horticultural or farm purposes, not including vegetable gardens as defined by the Garden Act and roadside stands following the setback requirements in Section 8:02.A
b. Roadside stands for the display, sale or offering for sale of agricultural products grown or produced on the property, and
c. b. Farm-type animals shall be prohibited in the R-2 District with the exception of chickens. 8:07.A Permitted Uses in the R-3
1. Any permitted use in the R-1 One-Family Estate Residence District, Section 8:02.A except:
a. Lands and buildings used for horticultural or farm purposes, not including vegetable gardens as defined by the Garden Act and roadside stands following the setback requirements in Section 8:02.A
b. Roadside stands for the display, sale or offering for sale of agricultural products grown or produced on the property, and
c. b. Farm-type animals shall be prohibited in the R-3 District with the exception of chickens. 8:08.A Permitted Uses in the R-4, R-5, R-6, and R-7 Districts
6. Roadside stands for the display, sale or offering for sale of agricultural products grown or produced on the property, provided that the stands and produce on display are located ten feet back from the nearest right-of-way line.
10. Vegetable Gardens as defined by the Garden Act.
Remaining Permitted Uses to be Renumbered.
Amendment to Appendix 9, Table of Uses to reflect the addition of Vegetable Gardens and Roadside Stands as Permitted Use in all Residential Zoning Districts.
Section 11:02.F.11 should be clarified as follows regarding sight triangles:
11. Landscape sight triangle. No landscaping including berms and vegetable gardens as defined by the Garden Act shall be planted within a forty foot (40’) sight triangle measured at the intersection of two public streets.
Petition information was emailed to the townships on September 22, 2021. To date, only the Na-Au-Say Township Planning Commission has reviewed this proposal and they unanimously recommended approval.
ZPAC reviewed this proposal at their meeting on October 5, 2021. Discussion centered on the State imposing new regulations. ZPAC recommended approval of the proposal by a vote of seven (7) in favor, zero (0) in opposition, and one (1) present with two (2) members absent. The minutes were provided.
Mr. Asselmeier noted that the Regional Planning Commission reviewed this proposal on October 27, 2021, and voted to lay over the proposal because of concerns regarding roadside stands in Boulder Hill in the front yard and street side yard setback.
Mr. Asselmeier noted that the County does not strictly enforce setbacks related to lemonade stands.
Member Whitfield asked if the setbacks were different for garage sales. Mr. Asselmeier said there was no difference. If people were not allowed to have roadside stands in their front yards, the stands would be moved to garages to porches.
Member Whitfield noted that freewill offer vegetable stands already exist in the County. Member Whitfield expressed concerns about parking and pedestrians at garage sales.
Chairman Mohr noted that the amount of garden space available on the average parcel in Boulder Hill was small.
Chairman Mohr suggested revisiting the subject, if roadside stands became a nuisance.
Mr. Asselmeier noted that the growing season and season during which people would sell products grown in the garden would not be the entire year.
Member Whitfield concurred that most lots in Boulder Hill lacked space to have large gardens. Mr. Asselmeier provided a background of the bill.
Mr. Asselmeier has not received a garage sale complaint.
Chairman Mohr noted there were existing produce sales in Yorkville.
Roadside stands would only allow for products grown on the premises.
Member Whitfield said that some kids would plant a garden for 4H or scouting. Member Thompson questioned the number cars a roadside stand in Boulder Hill would generate.
The proposal will go back to the Kendall County Regional Planning Commission on Wednesday, December 8, 2021.
The Zoning Board of Appeals completed their review of Petitions 21-37 at 7:45 p.m. The Zoning Board of Appeals started their review of Petition 21-38 at 7:45 p.m.
Petition 21 – 38 – Kendall County Planning, Building and Zoning Committee
Request: Text Amendments to the Kendall County Zoning Ordinance Pertaining to the Illinois Agricultural Experiences Act and Seasonal Festival Regulations
Purpose: Petitioner Wishes Seasonal Festivals To Be a Permitted Use on A-1 Agriculture District and B-4 Commercial Recreation District Zoned Properties Without Restrictions, Updates to Appendix 9, Table of Uses, and Makes Citation Corrections to the Zoning Ordinance
Mr. Asselmeier summarized the request.
Earlier in 2021, the Illinois General Assembly passed and the Governor signed Public Act 102-0492 (formerly House Bill 3650) also known as the Agricultural Experiences Act. A copy of Public Act 102-0492 was provided.
The Agricultural Experiences Act defines an agricultural experience, as “. . . any agricultural-related activity, as a secondary use in conjunction with agricultural production, on a farm which activity is open to the public with the intended purpose of promoting or educating the public about agriculture, agricultural practices, agricultural activities, or agricultural products.” Crucially, the Act forbids a county from requiring conditional use permits, special use permits, or variances for this type of use.
The definition of agricultural experience in State law is similar to the County’s definition of seasonal festivals. Seasonal festivals, as defined in the Zoning Ordinance, are defined as follows:
“A temporary event held during a specified time of the year which is designed to enhance the sales of seasonal crops and related products produced in conjunction with existing agricultural businesses such as orchards, vineyards, nurseries and similar agricultural operations. Related activities may include, but are not limited to, corn mazes, wagon rides, pony rides, farm animal petting zoos, and pumpkin patches. Activities including amusement park rides, live music concerts, truck and tractor pull competitions are specifically prohibited from Seasonal Festivals.”
The Agricultural Experiences Act forbids counties from requiring these types of events from obtaining special use permits, conditional use permits, or variances.
Seasonal festivals are conditional uses in the A-1 Agricultural District and are permitted uses in the B-4 Commercial Recreation District. The conditions for seasonal festivals are as follows:
a) Adequate parking on site shall be provided in such a way that no on-street parking is necessary.
b) Event areas, stands, booths, parking and other uses and facilities appurtenant to the site shall not be located within 150 feet of a residential district, or residential structure located off the subject zoning lot unless written consent from the effected residents is provided to the Planning, Building and Zoning Office.
c) The operator shall have adequate waste receptacles and toilet facilities on site as determined in writing from the Department of Health and Human Services.
d) No alcohol shall be sold on the premises.
e) Petting Zoos shall provide adequate hand sanitation devices as determined by the Department of Health and Human Services.
f) All food prepared or sold on site shall comply with the Department of Health and Human Services requirements.
g) Noise levels generated from non-agricultural sources shall not exceed 60 dBA as measured at the nearest occupied residential structure on an adjoining property.
h) The operator shall provide adequate crowd control and parking direction as reasonably determined by the Kendall County Sheriff’s Office.
i) No event activity shall start earlier than 9:00 a.m. any day of the week, and shall end no later than 10:00 p.m., Monday thru Wednesday and no later than 11:30 p.m. Thursday thru Sunday.
j) Events shall be permitted once a year unless otherwise approved by the PBZ Committee.
k) Seasonal Festivals shall be permitted up to, but not exceed, ninety (90) consecutive days in length in one calendar year.
l) Accessory uses including but not limited to temporary vendors engaged in the sale of ancillary items not produced on site but which are related to products produced on site or associated with the season shall be permitted during the duration of the Seasonal Festival subject to the review and approval of the Zoning Administrator.
m) All signage shall comply with Section 12:00 of the Zoning Ordinance.
n) All proposed lighting shall be non-obtrusive onto adjoining properties and should not exceed 0.2 foot candles at any property line.
o) Any Seasonal Festival which cannot meet these standards may still be permitted if approved as a Special Use. An applicant seeking an approval of the conditional use shall submit an application to be acted upon by the Zoning Administrator. The Zoning Administrator may, at his or her discretion, refer the request to the PBZ Committee of the County Board for recommendation prior to taking action. In addition, the petitioner may appeal the decision of the Zoning Administrator in the review of a Conditional Use for a Seasonal Festival to the PBZ Committee. In such instances the PBZ Committee shall be the final authority.
At their meeting on September 13, 2021, the Kendall County Planning, Building and Zoning Committee voted to initiate a text amendment adding seasonal festivals to the list of permitted uses in the A-1 Agricultural District without conditions or restrictions, removing the conditions and restrictions on seasonal festivals in the B-4 Commercial Recreation District, deleting seasonal festivals from the list of conditional uses in the A-1 District, updating Appendix 9 Table of Uses to reflect this text amendment, and correcting citation errors caused by this text amendment.
Presently, three (3) special uses are impacted by the Agricultural Experiences Act. The special use permits for Woody’s Orchard (Ordinances 2016-21 and 2021-07), Heap’s Giant Pumpkins (Ordinance 2015-11), and Keller Farms (Ordinance 2009-18) contain provisions related to Seasonal Festivals. Staff would like to point out that some of these properties have special use permits beyond agricultural experiences (i.e. Woody’s Orchard and Heap’s Giant Pumpkins have special use permits for banquet facilities).
Petition information was emailed to the townships on September 22, 2021. To date, only the Na-Au-Say Township Planning Commission has reviewed this proposal and they unanimously recommended approval.
ZPAC reviewed this proposal at their meeting on October 5, 2021. Discussion centered on the State imposing new regulations. ZPAC recommended approval of the proposal by a vote of five (5) in favor, two (2) in opposition, and one (1) present with two (2) members absent. The minutes were provided.
The Kendall County Regional Planning Commission reviewed this proposal at their meeting on October 27, 2021. No members of the public spoke regarding this proposal. The Kendall County Regional Planning Commission recommended approval of the proposal by a vote of seven (7) in favor and zero (0) in opposition with three (3) members absent. The minutes were provided.
Mr. Asselmeier noted that the Planning, Building and Zoning Committee did not necessarily approve of the Agricultural Experiences Act.
Chairman Mohr said we cannot stop anyone from having a festival. Mr. Asselmeier said yes, if the festival met the definition of an agricultural experience.
Chairman Mohr noted that he witnessed nearly three (3) accidents at Heap’s because a lack of directional signage. If someone is hurt, Heap’s could get sued.
Chairman Mohr opened the public hearing at 7:52 p.m.
Nobody spoke regarding the proposal.
Chairman Mohr closed the public hearing at 7:52 p.m.
Member LeCuyer made a motion, seconded by Member Fox, to recommend approval of the text amendment as presented.
The votes were as follows:
Ayes (5): Fox, LeCuyer, Mohr, Thompson, and Whitfield
Nays (0): None
Abstain (0): None
Absent (2): Cherry and Clementi
The motion passed.
The townships will be notified of the results of the hearing. The proposal will go to the Kendall County Planning, Building and Zoning Committee in December 2021.
The Zoning Board of Appeals completed their review of Petitions 21-38 at 7:52 p.m.
NEW BUSINESS/OLD BUSINESS
None
REVIEW OF PETITIONS THAT WENT TO THE COUNTY BOARD
Mr. Asselmeier reported that Petition 21-26, regarding the banquet facility on Crimmin Road was referred back to the Planning, Building and Zoning Committee due to septic issues. The owners had an open septic permit. The septic system was installed October 27, 2021.
Mr. Asselmeier reported that Petitions 21-29, 21-30, 21-31, and 21-33 were approved by the County Board.
PUBLIC COMMENTS
Mr. Asselmeier stated that a request for a major amendment to a special use permit for a landscaping business at 3485 Route 126 had been submitted. The major amendment changes the site plan to have outdoor storage of equipment and materials and changes the number of employees that can report to the property. This item will be on the December 13, 2021, Zoning Board of Appeals agenda. The application deadline for that meeting is November 12, 2021.
ADJOURNMENT OF THE ZONING BOARD OF APPEALS
Member Whitfield made a motion, seconded by Member Thompson, to adjourn. With a voice vote of five (5) ayes, the motion carried.
https://www.co.kendall.il.us/home/showpublisheddocument/22209/637750833125130000
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