Kendall County Planning Building and Zoning Committee met June 29.
Here are the minutes provided by the committee:
CALL TO ORDER
The meeting was called to order by Chairman Gengler at 5:30 p.m.
ROLL CALL
Committee Members Present: Elizabeth Flowers (left at 7:13 p.m.), Judy Gilmour (Vice Chairwoman), Scott Gengler (Chairman), Dan Koukol (arrived at 5:44 p.m.), and Robyn Vickers (arrived at 5:38 p.m.)
Committee Members Absent: None
Also Present: Matt Asselmeier (Senior Planner), Pat Frescura, Sharleen Smith, Anne Vickery, Jackie Kowalski, Seth Wormley, and Frank Badus
APPROVAL OF AGENDA
Member Flowers made a motion, seconded Member Gilmour, to approve the agenda as presented.
With a voice vote of three (3) ayes, the motion carried.
APPROVAL OF MINUTES
Member Flowers made a motion, seconded by Member Gilmour, to approve the minutes of the June 13, 2022, meeting.
With a voice vote of three (3) ayes, the motion carried.
PUBLIC COMMENT
Anne Vickery suggested that when an issue arises in Seward Township, the resident of Seward Township could video record the issue and use that information in court. The resident could email the evidence to the PBZ Department. She also noted a potential stormwater issue at County Line Road and Route 52 with the “forestry” business.
Pat Frescura said her confidence in the Board was renewed because the Committee was examining the forestry issue. She thanked the Committee for examining the issue.
Sharleen Smith thanked the Committee for listening to the residents of Seward Township and revisiting the definitions of landscaping and excavating businesses.
PETITION
Petition 22-06 Kendall County Planning, Building and Zoning Committee 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 is as follows:
Member Vickers arrived at this time (5:38 p.m.).
“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 proposes 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 have been received.
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 this proposal at their meeting on March 23, 2022. Discussion occurred about requiring businesses that engage in designs of landscapes only to obtain a special use permit. These types of office businesses would be allowed in the B-3 without a special use permit and could be allowed as a home occupation if the other home occupation rules were met. The Kendall County Regional Planning Commission, by vote of seven (7) in favor and zero (0) in opposition with two (2) members absent voted to recommend approval of the text amendments with a change to the proposed definition of excavating business as shown below in red:
“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 minutes of the Kendall County Regional Planning Commission meeting were provided.
The Kendall County Zoning Board of Appeals held a public hearing on this proposal on March 28, 2022. No members of the public testified at the public hearing. The Kendall County Zoning Board of Appeals recommended approval of the proposal with the amendment proposed by the Kendall County Regional Planning Commission by a vote of five (5) in favor and one (1) in opposition with one (1) member absent. Member Vickery voted no because she felt the proposal would open a can of worms. The minutes of the hearing were provided.
Staff has concerns regarding obtaining the weights of various pieces of equipment.
Mr. Asselmeier read a letter from Dan Kramer requesting that the weight restriction be eliminated and allowing excavating businesses as special uses in the A-1 District.
Member Gilmour requested clarification from Anne Vickery regarding her concerns about opening a can of worms by adopting the proposal. Ms. Vickery said her concerns were in relation to the request by a business on Route 126 that claimed to be a landscaping business even though they had excavating in their name.
Member Koukol arrived at this time (5:44) p.m.
Ms. Vickery said large pieces of equipment were not used by small businesses.
Chairman Gengler said excavating business have to operate in industrial parks. He felt the proposed language addressed the concerns of having landscaping businesses and excavating businesses located in the proper zoning districts. The proposal would clean-up issues.
Member Gilmour asked Member Koukol his opinion regarding the weight limit. Member Koukol expressed concerns about setting a precedent from the business that located at 3485 Route 126. He felt that thirty thousand pounds (30,000 lbs.) was not much weight.
Member Flowers supported the weight restriction.
Members Vickers and Koukol were against the weight restrictions.
Member Koukol said the company at 3485 Route 126 is engaged in other activities not related to landscaping.
Mr. Asselmeier said the Regional Planning Commission added the weight restriction because the Commission did not want businesses that rent small pieces of equipment to be considered excavating businesses.
Member Koukol expressed concerns about the County obtaining the weight of equipment. Chairman Gengler favored the original proposal without the weight restriction. Member Koukol said that landscaping businesses usually cannot afford farmettes and just run a landscaping company without going into other services.
The consensus of the Committee was to not allow excavating businesses on A-1 zoned property.
Member Koukol wanted the text amendment advanced before the business at 3485 Route 126 was approved. He was concerned that other excavating businesses will claim to be landscaping businesses.
Member Gilmour made motion, seconded by Member Vickers, to recommend approval of the text amendment without the weight restriction proposed by the Kendall County Regional Planning Commission.
With a voice vote of five (5) ayes, the motion carried.
The proposal goes to the County Board on July 19, 2022, on the regular agenda.
NEW BUSINESS
Discussion of Adding Definitions of Forestry, Tree Farm, and Related Text Amendments to the Kendall County Zoning Ordinance; Committee Could Initiate Text Amendments Related to These Terms and Uses or Forward the Proposal to the Comprehensive Land Plan and Ordinance Committee
Mr. Asselmeier summarized the issue.
Following the June 21, 2022, County Board meeting, Staff received a request to draft definitions of forestry and tree farming.
The term “forestry” was added as a permitted use in the A-1 District in 2000. The State of Illinois does not have a definition of forestry or forest. Also, professional organizations related to tree care do not have the exact same definitions of these terms. Accordingly, Staff suggests the following definition of forestry:
“Forestry. A business engaged in the growing, managing, and selling of trees not including the processing of trees or tree by-products.”
Tree farms are listed in State law as an agricultural purpose. However, no definition of “tree farm” is provided. Tree farms are a permitted use in the A-1 District only. Staff suggests the following definition of tree farm:
“Tree Farm and Tree Farming. A business engaged in the growing, cultivating, and harvesting of trees, including fruits and nuts grown on trees, on the same premises of where the trees are grown and not including the processing of trees or tree by-products.”
At the June 16, 2022, Committee of the Whole meeting, it was mentioned that the processing of mulch was not listed as a use within the Kendall County Zoning Ordinance. The closest related use is the production, publishing, processing, cleaning, testing, or repair of lumber mentioned in Section 10:01.B.21.k of the Kendall County Zoning Ordinance. This use is a permitted use in the M-1 and M-2 Districts. While other uses not specifically listed that conform to the goals, purpose, and objective of the district are special uses in the M-1 and M-2 Districts, Staff suggests the following amendment to Section 10:01.B.21.k to clarify certain uses related to mulch:
“k) Building equipment, building materials, mulch derived from plants, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies, or public utilities, or materials or equipment of similar nature.”
Mr. Asselmeier read an email from Tom Gargrave from the IDNR Forestry providing a definition of forestry; no definition of forest was provided.
Mr. Asselmeier provided three (3) court cases from Boyd Ingemunson outlining definitions of forestry and agricultural uses and a County’s ability to regulate such uses. The cases were People ex rel. Pletcher v. Joliet, County of Kendall v. Aurora Nat’l Bank Trust No. 1107, and Tuftee v. County of Kane. Mr. Asselmeier noted that the case involving Kendall County resulted in the court ordered mining classification on the Official Zoning Map. Mr. Asselmeier also noted that any definitions related to forestry or tree farming could be challenged in court and the State could create their own definitions for these terms. If a conflict existed between the County’s definition and the State’s definition, the State’s definition would supersede the County’s definition.
Mr. Asselmeier read a letter from Dan Kramer on the matter. Mr. Kramer felt that the County did not have the legal authority to establish definitions more restrictive than State law. He expressed concerns that the proposed definitions might be in conflict with State law. He also felt that his client at the corner of Route 52 and County Line Road in Seward Township would be lawfully non conforming should the County establish a law.
Chairman Gengler asked about Mr. Asselmeier research on this matter. Mr. Asselmeier said that numerous definitions of forestry and forests exist. He said the State does not have a definition.
Member Gilmour asked about Tom Gargrave’s comment on “standard worldwide definition”. Mr. Asselmeier said a dictionary of forestry exists which Mr. Gargrave referenced. However, the State of Illinois has not officially adopted a definition.
Discussion occurred regarding the Downstate Forest Preserve District Act. This Act does not provide a definition of forestry. Mr. Asselmeier wanted to avoid creating a definition of forest because there are many definitions of forest.
Mr. Asselmeier explained the text amendment process.
Discussion occurred about other terms in the Zoning Ordinance that were not defined at the State level. Mr. Asselmeier noted the unique exemptions of agricultural uses and purposes in State law.
Member Koukol favored obtaining a State’s Attorney’s opinion on this matter since the State’s Attorney’s Office would have to defend the County in court.
Member Gilmour noted that Mr. Gargrave noted that forestry was more of a science than a business. She favored taking Mr. Gargrave’s opinion under consideration.
Member Koukol made motion, seconded by Member Flowers, to ask the State’s Attorney’s Office for an opinion to see if the County has the authority to establish definitions for forestry and tree farm.
With a voice vote of five (5) ayes, the motion carried.
Approval of a Proposal from WBK Engineering to Evaluate the Kendall County Stormwater Management Ordinance for Possible Changes Due to the Revised Illinois Model Floodplain Ordinance at a Cost Not to Exceed $2,500; Related Invoices to Be Paid from the PBZ Department’s Consultant Line Item 11001902-63630
Mr. Asselmeier read the proposal from WBK Engineering. Mr. Asselmeier said there was approximately Five Thousand Dollars ($5,000) available in the line item.
Member Gilmour made motion, seconded by Member Koukol, to approve the proposal.
With a voice vote of five (5) ayes, the motion carried.
Request for Guidance Regarding a Banquet Facility at 1126 Simons Road Mr. Asselmeier summarized the issue and provided information from Facebook on the matter. He noted that the property owner has not submitted any information regarding future events and no future events were listed on business’ Facebook page.
Member Koukol asked if the property was inside Plainfield. Mr. Asselmeier said the property was unincorporated, but bordered Plainfield on three (3) sides. Member Koukol felt that the use has been operating for a number of years.
The use is no longer in operation for new clients, but they want to honor existing contracts.
The consensus of the Committee was to have Staff send a letter to the property owners and see if a response is received by the July 11, 2022, PBZ Committee meeting.
Recommendation of a Proposal from Teska Associates, Inc. to Update the Kendall County Land Resource Management Plan in Its Entirety
Mr. Asselmeier summarized the request, timeline, and budge for the project. Mr. Asselmeier noted that ZPAC, Regional Planning Commission, and Zoning Board of Appeals have reviewed the proposal and were in favor.
Member Gilmour asked where the money to do the project would come from and if the townships would be involved. Mr. Asselmeier said the money would come from the General Fund and the intent was to engage the townships in the process. It was noted that the County Board might approve the funds to do one (1) corridor and a future County Board might not approve funds to do subsequent corridors.
The Land Resource Management Plan was completed updated in the 1990s and the update was finished in the mid-2000s not including minor changes since that time.
Mr. Asselmeier said final approval would be part of the budget for the next fiscal year and work on the project would start at the end of 2022 or beginning of 2023.
Mr. Asselmeier explained the importance of the Land Resource Management Plan in relation the vision of the County and in relation to approving zoning related requests.
Member Koukol asked if the proposal would address the Route 47 corridor. Mr. Asselmeier said the project could address issues on the Route 47 corridor. Member Koukol would like to see economic development issues incorporated in the project.
Discussion occurred regarding which corridor should be examined first. The consensus was to start on the east side of the County and move west.
Member Gilmour noted that some County Board members would have two (2) year terms.
Member Gilmour made motion, seconded by Member Vickers, to forward the proposal to the July 14, 2022, Budget and Finance Committee meeting.
With a voice vote of five (5) ayes, the motion carried.
Approval of an Intergovernmental Agreement between the Village of Millbrook and the County of Kendall to Administer the County’s Ordinances for Zoning, Building Code, Subdivision Control, Comprehensive Plan, and Stormwater Management within the Jurisdiction of the Village of Millbrook for a Term of One (1) Year in the Amount of $1.00 Plus Associated Costs Paid by the Village of Millbrook to the County of Kendall
Mr. Asselmeier summarized the request.
The agreement between the Village of Millbrook and Kendall County allowing the County to provide Planning, Building and Zoning Department related services expires in September.
No changes from the previous contract are proposed.
During the current agreement period, the County conducted 2 investigations in Millbrook and issued 4 permits with 9 inspections.
The Village of Millbrook approved the proposal at their meeting in July.
A copy of the proposed Intergovernmental Agreement was provided.
Member Koukol made motion, seconded by Member Flowers, to recommend approval of the agreement.
Member Koukol asked if the railroad issued a permit to demolish the old grain elevator. Jackie Kowalski, Village President of Millbrook, said the permit was in place.
With a voice vote of five (5) ayes, the motion carried.
The proposal goes to the County Board on July 19, 2022, on the consent agenda.
OLD BUSINESS
Update on Right-of-Way Dedication as Required by Condition 6 of Ordinance 2005-37 at 5681 Whitewillow Road (PIN: 09-31-100-005) in Seward Township
Mr. Asselmeier stated that he had spoken to Fran Klaas regarding the right-of-way dedication and Mr. Klaas said the Highway Department was working with a surveyor to prepare the necessary documents related to the dedication.
Discussion of Intergovernmental Agreements with Townships Regarding Additional Code Enforcement
Mr. Asselmeier summarized the request.
The Planning, Building and Zoning Department previously reached out to Oswego and Seward Townships to see if they would each be in favor of paying Nine Thousand Dollars ($9,000) per year for five (5) hours per week of additional code enforcement in their respective township.
At their Annual Meeting in April, Oswego Township adopted a garbage dumping ordinance and a recreational vehicle and trailer parking ordinance. Oswego Township was considering adding additional hours to their Code Enforcement Officer.
Seward Township was still evaluating the proposal.
Related emails and Oswego Township’s ordinances were provided.
Mr. Asselmeier said the application to fill the part-time inspector position will be posted on July 5, 2022.
Discussion of Having a Planning, Building and Zoning Committee Meeting in Boulder Hill in 2022 Mr. Asselmeier asked if the Committee wanted to have this type of meeting.
The consensus was to have more of a townhall type meeting with questions and answers.
The suggestion was made to set a limit on the number of questions on the same topic. The suggestion was also made to have attendees submit topics in advance when they enter the meeting room or during the meeting.
Representatives from Oswego Township and the Planning, Building and Zoning Department in attendance.
The consensus was to have a meeting in September or October.
Suggested meeting locations were the Oswego Township Office, Church of the Brethren, or St. Luke’s School. Mr. Asselmeier will contact Oswego Township for possible meeting locations and times.
Update on Requiring Applicants to the Kendall County Planning, Building and Zoning Department to be Debt Free or Current on an Approved Payment Plan to the County at the Time of Application Submittal; Committee Could Approve a Policy on This Matter
Mr. Asselmeier stated the review has added a couple days to the permit approval process. To date, no debts have been found. There has been an issue with researching information in the Circuit Clerk’s Office when the applicant has a common name, but does not live at the property. A proposed policy was provided. The building permit application and other zoning related applications would be amended to add a paragraph stating that the applicants were free of debt or current on an approved payment plan with the County.
Discussion occurred regarding time constraints to do the checks.
Mr. Asselmeier said the Department would still have to research if the party has a debt to the County, if the disclaimer is added to the policy.
Chairman Gengler made a motion, seconded by Member Flowers, to approve the policy with an amendment adding a disclaimer to applications stating the applicant are current or free of debt to Kendall County.
Update from WBK Engineering Regarding Drainage Issue at 7405 Audrey Avenue (PIN: 05-02- 201-006) in Kendall Township
Mr. Asselmeier read the memo from WBK. He noted that WBK did not recommend that the County take any action at this time and the matter was a private property matter.
Frank Badus discussed the installation of a swale. He requested a survey, inspection report, or permit showing the original grading in the area. Member Koukol said the information in the original survey would be outdated. Mr. Badus was advised to do a Freedom of Information Act request for the original survey.
Member Flowers left the meeting at this time (7:13 p.m.).
REVIEW VIOLATION REPORT
The Committee reviewed the violation report. A fine of Eight Hundred Dollars ($800) was assessed by the court at 2543 Simons Road for operating a banquet facility without a special use permit. They have until mid-January 2023 to pay the fine. Mr. Asselmeier also reported that the special use permit and variances for 1038 Harvey Road will on the Committee’s July 11, 2022, agenda.
REVIEW NON-VIOLATION REPORT
The Committee reviewed the non-violation report.
UPDATE FOR HISTORIC PRESERVATION COMMISSION
Mr. Asselmeier said the Historic Preservation Commission will have a meeting with other historic preservation organizations on August 15, 2022, at 6:00 p.m., at the Fern Dell School and Museum.
He also stated that the bids for the historic structure survey in unincorporated Bristol and Kendall Townships will be opened on June 30, 2022. The County received one (1) bid.
REVIEW PERMIT REPORTS FROM APRIL AND MAY 2022
The Committee reviewed the reports.
REVIEW REVENUE REPORT
The Committee reviewed the report.
CORRESPONDENCE
June 17, 2022 Email from Dave Altosino Pertaining to the Vacation of Easements Granted by Ordinance 2022-12 (Formerly Petition 22-08)
The Committee reviewed the correspondence. Mr. Asselmeier said that the last time this type of issue occurred, the matter was referred to the County Board and noted the minutes of the County Board meeting. The item will be on the consent agenda for the July 19, 2022, County Board meeting.
COMMENTS FROM THE PRESS
None
EXECUTIVE SESSION
None
ADJOURNMENT
Member Gilmour made a motion, seconded by Member Koukol, to adjourn. With a voice vote of four (4) ayes, the motion carried.
Chairman Gengler adjourned the meeting at 7:20 p.m.
https://www.kendallcountyil.gov/home/showpublisheddocument/24474/637932291043000000
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