Kendall County Times

Kendall County Regional Planning Commission met April 27.

Here are the minutes provided by the commission:

Chairman Ashton called the meeting to order at 7:01 p.m.

ROLL CALL

Members Present: Bill Ashton, Tom Casey, Dave Hamman, Karin McCarthy-Lange, Larry Nelson, Ruben Rodriguez, Claire Wilson (Arrived at 7:06 p.m.), and Seth Wormley

Members Absent: Bob Stewart

Staff Present: Matthew H. Asselmeier, Senior Planner

Others Present: Dan Kramer, Judd Lofchie, Jose Martinez, Tim O’Brien, Michael Eurkaitis, Irma Quezada, Donald Larkin, and Jo Beth Larkin

APPROVAL OF AGENDA

Member Nelson made a motion, seconded by Member Rodriguez, to approve the agenda. With a voice vote of seven (7) ayes, the motion carried.

APPROVAL OF MINUTES

Member Nelson made a motion, seconded by Member Wormley, to approve the minutes of the of the March 23, 2022, meeting. With a voice vote of seven (7) ayes, the motion carried.

PUBLIC HEARING

Petition 22-09 Kendall County Regional Planning Commission

The Kendall County Regional Planning Commission started the review of this Petition and Chairman Ashton opened the public hearing at 7:02 p.m.

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.

No one from the public testified at the hearing.

Member Nelson made a motion, seconded by Member Rodriguez, to recommend approval of the Petition.

The votes were as follows:

Ayes (7): Ashton, Casey, Hamman, McCarthy-Lange, Nelson, Rodriguez, and Wormley

Nays (0): None

Absent (2): Stewart and Wilson

Abstain (0): None

The motion carried.

This proposal goes to the Kendall County Zoning Board of Appeals on May 2, 2022.

Member Rodriguez made a motion, seconded by Member McCarthy-Lange to adjourn the public hearing. With a voice vote of seven (7) ayes, the motion carried.

The Kendall County Regional Planning Commission adjourned the public hearing and completed their review of Petition 22-09 at 7:05 p.m.

Member Wilson arrived at this time (7:06 p.m.)

PETITIONS

Petition 21-49 Irma Loya Quezada

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 May 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.

The Lisbon-Seward Fire Protection District was emailed information on November 16, 2021.

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. Prior to the February 23, 2022, meeting, the Petitioner requested the proposal be laid over to April 27, 2022. The minutes of the February 23, 2022, 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 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. The farming operation would be a small operation. 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. He distributed an article regarding the Carvana case.

Member Nelson provided a history of why this area was planned to be residential. The proposal is consistent with the Future Land Use Map as the Map currently exists. He urged the Commission to follow the Land Resource Management Plan.

Member Rodriguez expressed his support for the proposal.

Member Casey felt that the Seward Township Planning Commission had a red flag raised and they reacted to it. The concerns have calmed down and he welcomed the Petitioners to the neighborhood. He also expressed concerns about code enforcement of existing regulations.

Member Casey made a motion, seconded by Member Wormley, to recommend approval of the map amendment.

Donald and Jo Beth Larkin own property to the west and south of the property. They have been in Seward Township for fifty-seven (57) years. They expressed concerns about drainage, potential damage to field tile, and the construction of more homes on smaller parcels in the area. Discussion occurred regarding the conditions in the special use permit for Hogan’s market. 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 votes were as follows:

Ayes (8): Ashton, Casey, Hamman, McCarthy-Lange, Nelson, Rodriguez, Wilson, and Wormley

Nays (0): None

Absent (1): Stewart

Abstain (0): None

The motion carried.

This proposal will go to the Kendall County Zoning Board of Appeals on May 2, 2022.

Petition 22-01 Jose and Silvia Martinez

Mr. Asselmeier provided an update from activities since the February meeting.

Since the February 23, 2022, Kendall County Regional Planning Commission meeting, the Petitioner moved the chicken coop and other outbuilding on the north side of the property out of the side yard setback. The Petitioners also applied for and received a deck permit.

The Village of Oswego submitted an email requesting the driveway be moved at least five feet (5’) from the property. Staff exchanged emails with the Petitioners’ Attorney outlining the next steps. The Petitioners’ Attorney believed that the driveway was located greater than five feet (5’) from the southern property line. Staff requested the measurement of the driveway to the southern property line be added to the plat of survey. As of the date of this memo, this information has not been added to the plat. The above referenced emails were provided.

An inspection of the property occurred on March 16, 2022, and new gravel appeared to have been added to the driveway per the provided picture.

The Petitioners have not applied for an access permit from the Village of Oswego or a driveway permit from Kendall County. The Petitioners’ Attorney submitted an email stating the that Village of Oswego did not need to approve the access permit. This email was provided. Staff provided additional emails related to the access permit. An access permit from the Village of Oswego will be required.

On April 11, 2022, the Kendall County Planning, Building and Zoning Committee met to discuss issuing new, additional citations at the property. The consensus of the Committee was to not have the Department issue new citations related to the operation of the landscaping business or the placement of the driveway. The Petitioners were given ten (10) days to clean up and organize the property. Updated photos were provided.

The minutes of January 26, 2022, Kendall County Regional Planning Commission meeting and the February 28, 2022, Kendall County Zoning Board of Appeals hearing were provided. The minutes of the February 23, 2022 Kendall County Regional Planning Commission meeting and March 28, 2022 Kendall County Zoning Board of Appeals hearing were also provided.

Updated photos of the property were provided.

Mr. Asselmeier noted that the Petitioners would need to amend the site plan if they desired to construct a building in the future and that the Petitioners were not pursuing stormwater management permit because their piles of materials would be less than three feet (3’).

The Petitioners requested that the hours of operation be changed to 6:00 a.m. until 8:00 p.m. seven (7) days per week and that they be allowed to operate year-round.

Judd Lofchie, Attorney for the Petitioners, provided a history of the case and the uses in the area, including another landscaping business. He noted that the Petitioners had cleaned up their property, moved their chicken coop, and secured a deck permit. No neighbors have complained about the property. Discussion occurred regarding the timing of the installation of the gravel along the south property line.

Member Nelson discussed the Petitioners’ language barrier.

Member Rodriguez defended the County’s pro-business activities and the Planning, Building and Zoning Department’s efforts to help the Petitioners gain compliance.

Discussion occurred about the ownership of Harvey Road and the requirement for an access permit from the Village of Oswego. Member Wormley explained the drainage reasons for the necessity of the access permit.

Member McCarthy-Lange expressed frustration that the Petitioners had not done everything required of them.

Member Nelson said the Petitioners could have obtained an updated site plan and access permit from the Village of Oswego within the last two (2) months, if they had completed the Planning Commission’s request.

The email from the Village of Oswego requiring an access was re-read. Mr. Lofchie had not challenged the Village of Oswego’s previous responses on the subject.

Mr. Lofchie requested that the Petition be moved forward with the condition that the Petitioners secure an access permit from the Village of Oswego. The Planning Commission declined the request on the grounds that a site plan is necessary to approve a special use permit and the submitted site plan would no longer be valid if the south driveway was moved.

Member Wilson did not care about the driveway, but she was not happy that the Petitioners ignored previous requests for compliance.

The Petitioners must submit an access permit and revised site plan by May 18, 2022, in order to be on the May 25, 2022, Planning Commission agenda. The driveway does not have to be installed.

The Petition will remain tabled until an access permit and revised site plan are submitted. Member Rodriguez encouraged the Petitioners to learn from this experience and to follow the rules.

Petition 22-05 Seward Township

Mr. Asselmeier read an email from Seward Township Supervisor Tim O’Brien requesting that the moratorium be changed from twelve (12) months to six (6) months and that the request be tabled until the County decides on updating the entire Land Resource Management Plan.

Seward Township Supervisor Tim O’Brien said that it was the Township’s request that the matter be tabled. Member Nelson made a motion, seconded by Member Wormley, to table the Petition as requested.

The votes were as follows:

Ayes (8): Ashton, Casey, Hamman, McCarthy-Lange, Nelson, Rodriguez, Wilson, and Wormley

Nays (0): None

Absent (1): Stewart

Abstain (0): None

The motion carried.

Member Nelson requested an update on the status of the Seward Township Comprehensive Plan project. Supervisor O’Brien said the Township wanted to keep the six (6) month timeline and, if the County allocates the money to update the Land Resource Management Plan, the Township would withdraw the request. Member Nelson requested that Seward Township keep the Planning Commission updated on their activities.

A Seward Township resident asked about the timeline of the moratorium. The moratorium has been tabled. The original idea was to adopt Seward Township’s update until the County updates the entire Land Resource Management Plan.

CITIZENS TO BE HEARD/PUBLIC COMMENT

Jo Beth Larkin asked if Seward Township was going to create their own Township Plan. Chairman Ashton responded that Seward Township already had a Plan and they were trying to update their Plan. She asked if she should attend Township meetings. She was advised to attend Township meetings. A public hearing will occur on the Land Resource Management Plan. Member Nelson invited Ms. Larkin to the February Annual Meeting.

NEW BUSINESS

Approval to Initiate Text Amendments to Section 6:06.B.3.b of the Kendall County Zoning Ordinance Regarding Lighting Requirements at Telecommunication Carrier Facilities

Mr. Asselmeier summarized the request.

On March 3, 2022, the County received a complaint regarding lights not working on the tower at Legion and Immanuel Roads. The tower owner agreed to fix the matter.

Upon additional discussions, the suggestion was made to change the present language contained in Section 6:06.B.3.b, pertaining to design guidelines (lighting requirements) of telecommunication carrier facilities as follows:

“Lighting should be installed for security and safety purposes only. Except with respect to lighting required by the FCC or FAA, which shall be conventional red lighting at night and may be white strobe during the day (unless required by the FAA or FCC to be white strobe at night) all lighting should be shielded so that no glare extends substantially beyond the boundaries or a facility.”

At their meeting on March 23, 2022, the Kendall County Comprehensive Land Plan and Ordinance Committee voted to forward a request to the Kendall County Regional Planning Commission to initiate a text amendment to the Zoning Ordinance as described in the above paragraph.

Mr. Asselmeier stated that, if the Commission approves initiating the amendment, the proposal will go to ZPAC on June 7, 2022.

Member Nelson discussed the use of white strobes at night.

Member Nelson made a motion, seconded by Member Hamman, to initiate the amendment. With a voice of eight (8) ayes, the motion carried.

The motion carried.

This proposal will go to the Kendall County ZPAC on June 7, 2022.

OLD BUSINESS

None

REVIEW OF PETITIONS THAT WENT TO COUNTY BOARD

None

OTHER BUSINESS/ANNOUNCEMENTS

Member Casey reported an occupied trailer on the south side of Route 52 east of Arbeiter Road. Mr. Asselmeier will investigate.

Mr Asselmeier reported there will be a request for a special use permit for a landscaping business on the north side of Route 52 west of Arbeiter Road.

Chairman Ashton reminded Commissioners that a vacancy existed on the Commission from Na-Au-Say Township.

ADJOURNMENT

Member Rodriguez made a motion, seconded by Member Wormley, to adjourn. With a voice of eight (8) ayes, the motion carried.

The Kendall County Regional Planning Commission meeting adjourned at 9:03 p.m.

https://www.kendallcountyil.gov/home/showpublisheddocument/24187/637891631261900000