Kendall County Zoning Board of Appeals met May 2.
Here are the minutes provided by the board:
CALL TO ORDER
Vice-Chairman Tom LeCuyer called the Zoning Board of Appeals meeting to order at 7:05 p.m.
ROLL CALL:
Members Present: Scott Cherry, Cliff Fox, Tom LeCuyer, Dick Thompson, Anne Vickery, and Dick Whitfield
Members Absent: Randy Mohr
Staff Present: Matthew Asselmeier, AICP, CFM, Senior Planner
Others Present: Dan Kramer and Dustin Walzer
MINUTES:
Member Vickery made a motion, seconded by Member Cherry, to approve the minutes of the March 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 21-49 at 7:06 p.m.
Petition 21 – 49 – Irma Loya Quezada
Request: Map Amendment Rezoning the Subject Property from A-1 Agricultural District to R-1 One Family Residential District
PINs: 09-18-300-018 (Part) and 09-18-300-019 (Part)
Location: On the East Side of Brisbin Road Across from 14859 and 14975 Brisbin Road, Seward Township
Purpose: Petitioner Wants to Rezone the Property in Order to Divide the Property and Construct Two Homes
Mr. Asselmeier summarized the request.
The Petitioner is requesting a map amendment rezoning two (2) approximately three point two-four (3.24) acre parcels from A-1 Agricultural District to R-1 One Family Residential District in order to construct one (1) house on each parcel.
The Petitioner plans to use Plat Act exemptions to divide the subject areas proposed for rezoning from the larger parcels.
The agricultural building permits for the parcels were used in 2003 and 2004. The only way houses can be constructed on the subject parcels is by obtaining the requested map amendment.
The application materials, plat of survey and aerial of the property were provided.
On December 4, 2021, five (5) neighbors submitted a written objection to the map amendment. These objections were provided. On January 24, 2022, one (1) additional neighbor submitted an objection. This objection was provided.
On December 7, 2021, the Petitioner’s Attorney submitted a request to continue the Petition from the December Kendall County Regional Planning Commission meeting and Kendall County Zoning Board of Appeals hearing. This email was provided.
The properties are on the east side of Brisbin Road across from 14859 and 14975 Brisbin Road. The current land use is Agricultural.
The future land use is Rural Estate Residential (Max 0.45 Du/Acre).
Brisbin Road is a Township Maintained Major Collector. There are no trails planned in the area. There were no floodplains or wetlands on the property.
The adjacent land uses were Agricultural, Farmstead, and Hogan’s Market.
The adjacent properties and properties within one half (1/2) of a mile were zoned A-1 and A-1 SU.
The Kendall County Future Land Use Map called for the to be Rural Estate Residential. The Plattville Future Land Use Map called for the property to the north of the subject property to be Low Density Residential.
The A-1 special use to the west is for the sale of agricultural products, art, pottery, and home décor not produced on the premises (Hogan’s Market).
EcoCat submitted on November 11, 2021, and consultation was terminated.
NRI application submitted on October 18, 2021. The draft LESA Score was 199 indicating a low level of protection.
Seward Township was emailed information on November 16, 2021. The Seward Township Planning Commission reviewed this proposal on December 7, 2021. Discussion occurred regarding the Land Resource Management Plan in relation to Seward Township and protecting farmland. Discussion also occurred regarding drainage and illegal dumping on the property. The Seward Township Planning Commission issued a negative recommendation by a vote of four (4) against the proposal and zero (0) in favor of the proposal with one (1) member absent. The minutes were provided. On December 27, 2021, the Petitioner’s Attorney submitted a response to the actions of the Seward Township Planning Commission; this letter was provided. On January 11, 2022, the Seward Township Board voted to submit a formal objection to the map amendment. Per State law, the objection must be submitted within thirty (30) days after the zoning hearing; Staff anticipates the objection will be filed in February 2022. The objection will require a positive vote of at least eight (8) County Board members in order to approve the requested map amendment.
The Village of Plattville was emailed information on December 16, 2021. No comments received.
The Lisbon-Seward Fire Protection District was emailed information on November 16, 2021. No comments received.
ZPAC reviewed this proposal at their meeting on December 7, 2021. The Petitioner’s Attorney indicated the Petitioner only wanted to build two (2) houses at this time. The Highway Department requested a voluntary right-of-way dedication; the Petitioner’s Attorney was agreeable to the request. ZPAC recommended approval of the requested map amendment 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 did not have quorum for their meeting on January 26, 2022. The Kendall County Regional Planning Commission reviewed the proposal at their meeting on April 27, 2022. Member Wilson asked why the Petitioners were rezoning only the center portion of the lot and leaving a U-shaped area zoned A-1. The Petitioners, responded that the proposed rezoned portions of the property were the best locations for houses because of drainage, per the engineer, Phil Young, that examined the property. They said the second home would be for their son. They will lease the land to farm and they also plan to have horses on the property. Dan Kramer, Attorney for the Petitioner, explained that the Petitioner still desired to farm a portion of the property. No other business would be run at the property; no landscaping business has been run at the property and no construction or landscaping debris has been placed on the property. The request is consistent with the County’s Land Resource Management Plan; Mr. Kramer noted that Seward Township allowed similar rezoning requests recently. He felt that some of the objectors had an implicit bias against the Petitioner. He hoped Seward Township would follow the proper procedures regarding updating a comprehensive plan. Mr. Kramer discussed the LaSalle Factors. He also discussed the Village of Richton Park v. Sinclair Pipeline case. He felt the proposed use would be consistent with the neighboring uses because other single-family homes on similar sized lots are located in the area. Donald and Jo Beth Larkin expressed concerns about drainage, potential damage to field tile, and the construction of more homes on smaller parcels in the area. A drain tile survey will be required in order to build a house; the owners have to repair damaged tile by law. Also, a homeowner would not want broken tile on their property because the water would damage their house. Drainage Law is enforced civilly in Illinois. The property is not in a federal designated floodplain. The Larkins were encouraged to work with the Petitioners to maintain the tile; this will be an opportunity to locate and examine the tile. Tim O’Brien, Seward Township Supervisor, explained that the Seward Township Planning Commission was concerned about water issues. The Kendall County Regional Planning Commission recommended approval of the request by a vote of eight (8) in favor and zero (0) in opposition with one (1) member absent. The minutes of the meeting were provided.
The Kendall County Zoning Board of Appeals started a public hearing on this proposal on December 13, 2021. At the Petitioner’s request the hearing was continued to January 31, 2022. The hearing was continued again to February 28, 2022. The minutes of the December 13, 2021, meeting were provided. The minutes of the January 31, 2022, meeting were provided. On February 14, 2022, the Petitioner’s Attorney submitted a request that the hearing be continued to May 2, 2022. This email was provided. The minutes of the February 28, 2022, hearing were provided.
The Petitioner desires to rezone the subject property in order to build one (1) house on each of the two (2) new parcels created for a total of two (2) new houses.
Any new homes or accessory structures would be required to meet applicable building codes. No public or private utilities are onsite.
The property fronts Brisbin Road. Staff has no concerns regarding the ability of Brisbin 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 were 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 was 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 or A-1 SU for the sale of agricultural products, art, pottery, and home décor not produced on the premises.
The suitability of the property in question for the uses permitted under the existing zoning classification. The property is presently zoned A-1. The agricultural housing allocations for the subject property have already been used and no new single-family homes can be constructed on the subject property without a map amendment.
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 Rural Estate Residential. The R-1 One Family Residential District is consistent with the Rural Estate Residential classification.
Staff recommended approval of the proposed map amendment because the proposal is consistent with the Land Resource Management Plan.
Member Vickery said the Township was not bias against the Petitioner. She was upset about the messes and illegal businesses in the Township.
Member Vickery made a motion, seconded by Member Cherry, to approve the request. Vice-Chairman LeCuyer swore in Dan Kramer.
Vice-Chairman LeCuyer opened the public hearing at 7:14.
Dan Kramer, Attorney for the Petitioner, said that he did not accuse anyone associated with the Seward Township Planning Commission or the Seward Township Board of implied bias. He stated that the circulated objection letters had implied bias. The Petitioners had run a landscaping business. He noted that Fran Klaas asked him about landscaping material, but these materials were located on a neighboring property to the north. He identified the parcels that the Petitioners own and the neighboring properties where landscaping debris was dumped. He also noted the proposed rezoned areas were the best places to construct houses on the parcels because of drainage. Twelve to thirteen (12-13) acres will remain in crops.
Member Vickery said that the Seward Township Planning Commission was under the impression that the two (2) twenty (20) acre parcels would each have a housing permit and not that the twenty (20) acres would be split into two (2). Mr. Kramer agreed with Member Vickery.
Mr. Kramer said Tim O’Brien, Seward Township Supervisor, told him that neighbors were concerned about drainage. Mr. Kramer said the drain tile would be located and the home would not be near the tile.
Member Fox asked who was responsible for finding the tiles. Mr. Asselmeier said the property would have a footings inspection. At that time, the inspector would note if the tiles were impacted by the footings. Mr. Kramer said water would be in the hole if the tiles were damaged. Mr. Asselmeier said, in such a case, the house would have water problems.
Member Cherry asked why the rezoning was necessary. Mr. Asselmeier explained that the housing allocations for this farm were already used. Member Vickery provided a history of the sale of land in the area. The minimum lot size for R-1 is two point nine-nine (2.99) acres.
Member Vickery discussed the planning history of the area and noted that a neighboring property owner was advertising property for sale with the ability to construct a house. She also discussed the need for a moratorium to update the Seward Township Plan.
Mr. Kramer discussed the LaSalle factors and related court cases.
Vice-Chairman LeCuyer closed the public hearing at 7:28 p.m.
Member Whitfield made a motion, seconded by Member Thompson, to approve the Findings of Fact.
The votes were as follows:
Ayes (6): Cherry, Fox, LeCuyer, Thompson, Vickery, and Whitfield
Nays (0): None
Abstain (0): None
Absent (1): Mohr
The motion passed.
Member Vickery acknowledged that Seward Township could not stop this proposal because the moratorium was not in place and because of the LaSalle factors.
The votes were as follows on the original motion to recommend approval:
Ayes (6): Cherry, Fox, LeCuyer, Thompson, Vickery, and Whitfield
Nays (0): None
Abstain (0): None
Absent (1): Mohr
The motion passed.
Seward Township and the Village of Plattville will be notified of the results of the public hearing and will be given thirty (30) days to file their objection. The proposal will go to the Kendall County Planning, Building and Zoning Committee on Monday, June 13, 2022.
The Zoning Board of Appeals completed their review of Petition 21-49 at 7:31 p.m. The Zoning Board of Appeals started their review of Petition 22-01 at 7:31 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 reported that, at their meeting on April 27, 2022, the Kendall County Regional Planning Commission asked that the Petitioner submit an access permit to the Village of Oswego and related site plan. If the Petitioner submitted an access permit application and related site plan by May 18, 2022, the proposal would be on the Planning Commission’s May 25, 2022 agenda. Staff requested the proposal to be continued until May 31, 2022.
Member Thompson made a motion, seconded by Member Fox, to continue the public hearing on this Petition. Without objection, the proposal was continued.
The proposal will be on the May 31, 2022, Zoning Board of Appeals agenda.
The Zoning Board of Appeals completed their review of Petition 22-01 at 7:33 p.m. The Zoning Board of Appeals started their review of Petition 22-05 at 7:33 p.m.
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
Mr. Asselmeier read an email from Seward Township Supervisor Tim O’Brien requesting that the moratorium request be shortened to six (6) months and that the proposal be tabled until after the County Board decides on the updated Comprehensive Plan. The Kendall County Regional Planning Commission voted to table the proposal at their meeting on April 27, 2022. Staff requested that the hearing be tabled.
Member Vickery objected to the tabling the moratorium. She provided pictures of drainage and dumping in Seward Township. She discussed illegal businesses and lax code enforcement within Seward Township. She would like the proposal to be advanced to the County Board.
Vice-Chairman LeCuyer expressed his opposition to the moratorium. He said a moratorium would impact some property owners. He said a moratorium would not stop illegal activity.
Member Vickery discussed Seward Township’s proposal to contribute money to have the County hire an additional part-time code enforcement official to do work in Seward Township.
Member Thompson did not think Seward Township was different than other townships. Member Vickery was concerned that regulations were not enforced. She wanted to stop new building, unless a property owner already had an allotment.
Vice-Chairman LeCuyer reconvened the public hearing at 7:41 p.m. and swore in Dustin Walzer.
Dustin Walzer expressed concerns about how the area was developing. He complained about improper disposal of farm waste. He discussed parties in the area. He was concerned about illegal dumping. Discussion occurred about recreational vehicle regulations. He was concerned about drainage. He was advised to contact the Kendall County Health Department regarding illegal dumping.
Member Whitfield asked how the violators are impacted by the moratorium. He discussed Chuck Sleezer’s property in Millbrook. Violators should be held accountable, but the moratorium will not stop violators.
It was noted that Seward Township was the only township will access to an interstate. Vice-Chairman LeCuyer recessed the public hearing at 7:53.
Mr. Asselmeier said the proposal was tabled at the Regional Planning Commission. He requested the item be continued until the Regional Planning Commission submitted a report.
Member Whitfield said that he opposed a moratorium because a moratorium is more government. Discussion occurred regarding annexations in Seward Township.
Member Thompson questioned the need for a moratorium.
Member Whitfield made a motion, seconded by Member Thompson, to continue the public hearing until the Regional Planning Commission issues a recommendation.
The votes were as follows:
Ayes (6): Cherry, Fox, LeCuyer, Thompson, Vickery, and Whitfield
Nays (0): None
Abstain (0): None
Absent (1): Mohr
The motion passed.
The townships will be notified of that the proposal was tabled.
The proposal will go to the Kendall County Regional Planning Commission after Seward Township advises that they want the proposal to advance.
The Zoning Board of Appeals completed their review of Petition 22-05 at 8:04 p.m. The Zoning Board of Appeals started their review of Petition 22-09 at 8:04 p.m.
Petition 22 – 09 – Kendall County Regional Planning Commission
Request: Amendments to the Future Land Use Map in the Kendall County Land Resource Management Plan by Reclassifying the Subject Properties from Rural Residential to Mixed Use Business
PINs: 04-02-400-002, 04-02-400-003, and 04-01-301-005 (South of the Railroad Tracks Only)
Location: North and Southwest of 12565 Fox Road in Fox Township
Purpose: Petitioner Wants to Expand the Mixed Use Business Area North to the Railroad Tracks
Mr. Asselmeier summarized the request.
In October 2020, the Kendall County Comprehensive Land Plan and Ordinance Committee initiated discussions regarding changing the Future Land Use Map for properties located along the Eldamain Road Corridor south of the Fox River, in light of the funding for the Eldamain Road Bridge and the abandonment of the centerline for the Prairie Parkway. In particular, the Committee discussed possible commercial and/or manufacturing investment in this area.
The Kendall County Future Land Use Map currently calls for this area to be Rural Residential (Max Density 0.65 DU/Acre) and Mixed Use Business. A copy of the existing Future Land Use Map was provided.
The Yorkville Future Land Use Map currently calls for this area to be Estate Residential. The Millbrook Future Land Use Map currently calls for this area to be Business Park Office and Commercial with Industrial near the former Prairie Parkway alignment. The Plano Future Land Use Map currently calls for the area in their planning jurisdiction to be Estate Residential (0-0.8 DU/Acre). Copies of all of the Future Land Use Maps for this area were provided.
Following meetings with property owners in the area in October and December 2021, the Committee decided to limit changes to three (3) properties along the railroad tracks west of Fox Road. Letters to impacted property owners were mailed in mid-December 2021, mid-February 2022, and mid-March 2022.
At their meeting on February 23, 2022, the Comprehensive Land and Ordinance Committee voted to forward the proposal to the Kendall County Regional Planning Commission.
At their meeting on March 24, 2022, the Kendall County Regional Planning Commission voted to initiate the amendment to the Future Land Use Map.
A copy of the updated map was provided.
Petition information will be sent to Fox Township, the Village of Millbrook, and the United City of Yorkville on March 29, 2022. Yorkville will be reviewing this proposal in May and June.
ZPAC reviewed the proposal at their meeting on April 5, 2022. Mr. Klaas felt that no commercial or industrial development would occur on the subject properties unless they were annexed into a municipality. Discussion also occurred regarding the boundary agreements of the municipalities in the area. ZPAC recommended approval of the proposal 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 held a public hearing on this proposal on April 27, 2022. No members of the public testified at the public hearing. 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 two (2) members absent. The minutes of the hearing were provided.
The property owners have not expressed any strong opinion on the matter. It was noted that it would be easier to reclassify the land back to residential.
Member Fox made a motion, seconded by Member Whitfield, to recommend approval of the amendment to the Future Land Use Map.
The votes were as follows:
Ayes (6): Cherry, Fox, LeCuyer, Thompson, Vickery, and Whitfield
Nays (0): None
Abstain (0): None
Absent (1): Mohr
The motion passed.
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 22-09 at 8:07 p.m.
NEW BUSINESS/OLD BUSINESS
None
REVIEW OF PETITIONS THAT WENT TO THE COUNTY BOARD
None
PUBLIC COMMENTS
Mr. Asselmeier reported that, for the May 31st hearing, there will be a Petition requesting a special use permit for a landscaping business on the north side of Route 52 west of Arbeiter Road in Seward Township.
Mr. Asselmeier also reported that he was recently elected President of the Illinois Association of County Zoning Officials.
Mr. Asselmeier also reported that Hide-A-Way Lakes was annexed in the Village of Oswego.
The County received a price quote from Teska Associates to update the Land Resource Management Plan. This will quote will be reviewed by the Regional Planning Commission at their May meeting.
ADJOURNMENT OF THE ZONING BOARD OF APPEALS
Member Whitfield made a motion, seconded by Member Thompson, to adjourn. With a voice vote of six (6) ayes, the motion carried.
The Zoning Board of Appeals meeting adjourned at 8:12 p.m.
https://www.kendallcountyil.gov/home/showpublisheddocument/24217/637896851592800000
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