Kendall County Times

Kendall County Zoning Board of Appeals met March 28.

Here are the minutes provided by the board:

CALL TO ORDER

Chairman Randy Mohr called the Zoning Board of Appeals meeting to order at 7:01 p.m.

ROLL CALL:

Members Present: Cliff Fox, Tom LeCuyer, Randy Mohr, Dick Thompson, Anne Vickery, and Dick Whitfield

Members Absent: Scott Cherry

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

Others Present: Andrew R. Smith, Jeremy Dippold, and Mark Fecht

The Zoning Board of Appeals started their review of Petition 22-05 at 7:01 p.m.

PETITIONS

Petition 22 – 05 – Seward Township

Request: Establishment of a Moratorium on the Acceptance and Processing of Applications for Map Amendments, New Special Use Permits and Variances within Seward Township for a Period of One Year

Purpose: Petitioner Wants a Pause on the Issuance of Map Amendments, New Special Use Permits, and Variances While the Township Prepares a Township Comprehensive Plan

Discussion occurred regarding the length of time of the moratorium requested by Seward Township as Petition 22-05. The question was if the moratorium was for one (1) year or six (6) months. Clarification will be sought from Seward Township regarding their request. The proposal was tabled at the March 23, 2022, Kendall County Regional Planning Commission meeting.

Discussion occurred regarding the impact of the moratorium on an application for a special use permit for a landscaping business in Seward Township.

Mark Fecht asked if there was precedence for having such a moratorium. The response was that the County has approved moratoria on other, specific issues. The details on the Seward Township moratorium need to be clarified.

Andrew R. Smith requested clarification on the earliest the moratorium would start. The earliest the moratorium could become effective is June 21, 2022. Completed applications submitted prior to the June date would be process under current rules.

Chairman Mohr stated that Petition 22-05 was tabled at the request of the Kendall County Regional Planning Commission.

This matter will go to the Kendall County Regional Planning Commission on April 27, 2022, and return to the Zoning Board of Appeals on May 2, 2022.

The Zoning Board of Appeals completed their review of Petition 22-05 at 7:09 p.m.

MINUTES:

Member LeCuyer made a motion, seconded by Member Fox, to approve the minutes of the February 28, 2022, hearing/meeting.

With a voice vote of six (6) ayes, the motion carried.

PETITIONS

The Zoning Board of Appeals started their review of Petition 22-01 at 7:10 p.m.

Petition 22 – 01 – Jose and Silvia Martinez

Request: Special Use Permit for a Landscaping Business, Variance to Section 7:01.D.30.b to Allow a Landscaping Business a Non-State, County, or Collector Highway as Defined by the Kendall County Land Resource Management Plan, and Variance to Section 11:02.F.7.b of the Kendall County Zoning Ordinance to Allow a Driveway Zero Feet from the Southern Property Line

PINs: 03-12-100-004 and 03-12-100-013

Location: 1038 Harvey Road, Oswego Township

Purpose: Petitioner Wants to Operate a Landscaping Business at the Subject Property; Property is Zoned A-1

Mr. Asselmeier provided a history of the Petition. The Kendall County Regional Planning requested a revised site plan showing the location of the southern driveway and documentation from the Village of Oswego approving the access point on Harvey Road. Neither the Petitioners nor their Attorney attended the March 23, 2022, Kendall County Regional Planning Commission meeting and the Kendall County Regional Planning Commission voted to continue the tabling of the Petition. Mr. Asselmeier discussed the impact of an involuntary annexation of the subject property. The next court date for this case is April 12, 2022.

Discussion occurred regarding the impact of annexation or the issuance of the special use permit on the fines.

Member Vickery made a motion, seconded by Member Whitfield, to table the Petition. With a voice vote of six (6) ayes, the motion carried.

If the Petitioners submit the revised site plan and access approval from the Village of Oswego, the proposal will go back to the Kendall County Regional Planning Commission on April 27, 2022, and will return to the Zoning Board of Appeals on May 2, 2022.

The Zoning Board of Appeals completed their review of Petition 22-01 at 7:14 p.m.

The Zoning Board of Appeals started their review of Petition 22-06 at 7:14 p.m.

Petition 22 – 06 – Kendall County Planning, Building and Zoning Committee

Request: Text Amendment to Section 3:02 (Definitions) of Kendall County Zoning Ordinance Adding Definitions of “Landscaping Business” and “Excavating Business” to the Kendall County Zoning Ordinance

Purpose: Petitioner Wants to Add Definitions of Landscaping Business and Excavating Business to the Kendall County Zoning Ordinance

Mr. Asselmeier summarized the request.

At the December 14, 2021, Planning, Building and Zoning Committee meeting, the Planning, Building and Zoning Committee requested Staff to prepare definitions for landscaping businesses and excavating businesses.

For preparing the proposed definition of landscaping business, Staff used the definition found in the North American Industrial Classification System as published by the United States Census Bureau. The proposed definition of landscaping business was as follows:

“LANDSCAPING BUSINESS. A business engaged in providing landscape care and maintenance services and/or installing trees, shrubs, plants, lawns, or gardens and businesses primarily engaged in providing these services along with the design of landscape plans and/or the construction and installation of walkways, retaining walls, decks, fences, ponds, and similar structures.”

Landscaping businesses are special uses in the A-1, B-3, M-1 and M-2 Districts.

When considering a definition of excavating businesses, the North American Industrial Classification System grouped excavating businesses with other site preparing contractors including dirt movers, trenching, and foundation drilling. Also, the terms “excavating business” and “excavator” do not appear in the Zoning Ordinance. Accordingly, Staff proposed the following definition of excavating business:

“EXCAVATING BUSINESS. A business engaged in site preparation activities including grading, earthmoving, and land clearing and businesses that rent equipment for such purposes. For the purposes of this Ordinance, an excavating business shall be considered a contractors’ office or shop.”

Contractor and Contractor Offices and Shops are conditional uses in the B-2 and B-3 Districts and permitted uses in the M-1 and M-2 Districts. In the B-2 and B-3 Districts, all work and storage must be inside buildings.

On January 25, 2022, the Kendall County Planning, Building and Zoning Committee unanimously voted to initiate a text amendment to the Kendall County Zoning Ordinances adding the above definitions as proposed by Staff.

This proposal was sent to the Townships on February 15, 2022. To date, no comments were received from the Townships.

ZPAC reviewed this proposal at their meeting on March 1, 2022. ZPAC recommended approval of the request by a vote of six (6) in favor and zero (0) in opposition with four (4) members absent. The minutes of the meeting were provided.

The Kendall County Regional Planning Commission reviewed the proposal on March 23, 2022. Discussion occurred regarding businesses engaged only in design of landscapes. If they had no outside storage, they could be considered home occupations on A-1 zoned property and offices on Business or Manufacturing zoned property. The following amendment to the definition of excavating business was proposed:

“EXCAVATING BUSINESS. A business engaged in site preparation activities including grading, earthmoving, and land clearing and businesses that rent equipment weighing over thirty thousand pounds (30,000 lbs.) for such purposes. For the purposes of this Ordinance, an excavating business shall be considered a contractors’ office or shop.”

The Kendall County Regional Planning Commission recommended approval of the requested text amendment with the amendment to the definition of excavating business listed above in red by a vote of seven (7) in favor and zero (0) in opposition with two (2) members absent. The minutes of the Kendall County Regional Planning Commission meeting were provided.

Staff had concerns regarding obtaining the weights of various pieces of equipment.

Chairman Mohr questioned the thirty-thousand pound (30,000 lbs.) proposal. Mr. Asselmeier explained that the Kendall County Regional Planning Commission wanted the weight to be high enough so that businesses that rented small equipment were not considered excavating businesses. Member LeCuyer was agreeable to the weight restriction.

Member Vickery questioned the activities of certain businesses, including a business that has a large mound of dirt on County Line Road north of Route 52. Mr. Asselmeier explained that the business with the mound of dirt claimed to be a forester and the State does not have a definition of forester; this business was also using an agricultural exemption in the Stormwater Management Ordinance. Mr. Asselmeier noted that Illinois Drainage Law still applied to the property.

Mr. Asselmeier stated that landscaping businesses currently have to obtain a special use permit and a stormwater permit if they pile materials taller than three feet (3’). Under the subject proposal, excavating businesses would not be allowed in the A-1 District, would not be considered agricultural, and would need to obtain a stormwater permit if they met the thresholds of the Stormwater Management Ordinance.

Discussion occurred about landscaping design businesses. If a business engaged in landscaping design does not have outside storage, they could be a home occupation in the A-1 District. Architects and other professional services are required to get special use permits in the A-1 District if the property does not meet the home occupation requirements.

Chairman Mohr opened the public hearing at 7:30 p.m.

No members of the public testified regarding the proposal.

Chairman Mohr closed the public hearing at 7:30 p.m.

Member LeCuyer made a motion, seconded by Member Thompson, to recommend approval of the text amendment with the thirty-thousand pound (30,000 lbs.) amendment.

The votes were as follows:

Ayes (5): Fox, LeCuyer, Mohr, Thompson, and Whitfield

Nays (1): Vickery

Abstain (0): None

Absent (1): Cherry

The motion passed.

Member Vickery voted no because she felt the proposal would open a can of worms. Member LeCuyer felt the proposal was an attempt to fix some issues.

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

The proposal will go to the Kendall County Planning, Building and Zoning Committee on Monday, May 9, 2022.

The Zoning Board of Appeals completed their review of Petition 22-06 at 7:32 p.m.

NEW BUSINESS/OLD BUSINESS

None

REVIEW OF PETITIONS THAT WENT TO THE COUNTY BOARD

Mr. Asselmeier reported that Petitions 22-03 and 22-04 were approved by the County Board.

PUBLIC COMMENTS

Mr. Asselmeier reported that, for the May hearing, there will be a Petition regarding changing the Future Land Use Map for the properties near 12565 Fox Road and a requested map amendment rezoning property along Brisbin Road in Seward Township from A-1 to R-1. The Seward Township moratorium and special use permit request for 1038 Harvey could also be on the agenda.

Mr. Asselmeier also reported that the County Board will recognize Karen Clementi at their meeting on April 5, 2022, at 6:00 p.m.

Mr. Asselmeier said the Village of Oswego Planning and Zoning Commission will hold a public hearing on April 7, 2022, at 7:00 p.m., to consider annexing the Hide-A-Way Lakes Campground.

ADJOURNMENT OF THE ZONING BOARD OF APPEALS

Member LeCuyer made a motion, seconded by Member Vickery, to adjourn.

With a voice vote of six (6) ayes, the motion carried.

The Zoning Board of Appeals meeting adjourned at 7:46 p.m.

https://www.kendallcountyil.gov/home/showpublisheddocument/23992/637871776669800000