Kendall County Zoning Platting and Advisory Committee met Oct. 4.
Here are the minutes provided by the committee:
PBZ Chairman Scott Gengler called the meeting to order at 9:00 a.m.
Present:
Matt Asselmeier – PBZ Department
Scott Gengler – PBZ Committee Chair
David Guritz – Forest Preserve (Arrived at 9:02 a.m.)
Brian Holdiman – PBZ Department
Fran Klaas – Highway Department
Alyse Olson – Soil and Water Conservation District
Aaron Rybski – Health Department
Absent:
Meagan Briganti – GIS Department
Greg Chismark – WBK Engineering, LLC
Commander Jason Langston – Sheriff’s Department
Audience:
Boyd Ingemunson, Stephanie Olson, and Jackie Kowalski
AGENDA
Mr. Rybski made a motion, seconded by Mr. Klaas, to approve the agenda as presented.
With a voice vote of six (6) ayes, the motion carried.
MINUTES
Mr. Klaas made a motion, seconded by Mr. Rybski, to approve the September 13, 2022, meeting minutes. With a voice vote of six (6) ayes, the motion carried.
PETITIONS
Petition 22–20 Stephanie Olson on Behalf of Sun Jelly Chicago RV LLC
Mr. Asselmeier summarized the request.
Mr. Guritz arrived at this time (9:02 a.m.).
The operators of Yogi Bear’s Jellystone Park Camp and Resort would like to make several changes to the layout of their existing facility.
The layout of the property and operations of the campground was governed by two (2) court orders that were incorporated into the annexation agreement with the Village of Millbrook in 2008 which were provided. In June 2022, the court relinquished jurisdiction of the land use and zoning of the property to the Village of Millbrook; the relinquishment document was provided. The County and Village of Millbrook have an intergovernmental agreement by which Millbrook follows the Kendall County Zoning Ordinance and the County administers the Zoning Ordinance within Millbrook.
As described in the provided application materials and visually depicted on the proposed master plan, the proposed changes are follows:
1. Ranger station renovations – Welcome center and camp store renovations to upgrade cosmetics, add another office, relocate the restroom, add, and relocate snack bar appliances. Some exterior cosmetic improvements will also be a part of this renovation.
2. Amphitheater – A new band-shell style outdoor amphitheater will be built for multi-purpose use. The new AV system will enable movie watching during the day as well as at night, and the stage will be home to many skits, contests, and entertainment.
3. Garage – An approximate twenty-five by fifty (25x50) pole garage for storage of equipment and supplies.
4. Pickleball courts – Two (2) pickleball courts will be added for an additional amenity. These will be enclosed by fencing and have lighting as well.
5. Playground – New playground will be installed in addition to the two (2) playsets already on site.
6. Pools – Pool #1 will be demolished for the raising of the Amphitheater. Pool #2 with spa and kiddie pool will be improved/repaired for 2023 season and then replaced with a new, larger pool and spa for the 2024 camping season.
7. Bathhouse – With the construction of the new pool for 2024, a new bath house will be built to service the pool and add more restroom facilities.
8. Ranger station patio improvements – With the change of the pool #2 layout will come changes in the patio design. It will extend to encompass a wider area of the amenity core to convey a more pedestrian friendly atmosphere and include a community fire pit.
9. Activity Center renovation – The renovation of the activity center will include cosmetic upgrades, both inside and out. A service window and roll up door will be installed for better guest/staff accessibility. A lean-to addition will also be built for storage purposes.
10. Court Sport Patio improvements – Cleanup of court sport areas in and around the amenity core. 11. Gaga Ball Pits – Will be relocated when amenity core changes take place.
12. Round Court - One (1) current basketball court will be replaced with a new and improved round court, and both courts receiving new poles, backboards, and nets.
13. Jump Pad – Amenity is being relocated to the old movie theater area.
14. Dog Park improvements – A new dog park will be added to the facilities. The dog park will be fenced in and offer seating and refuse receptacles.
15. Refuse collection points – Construction of four (4) refuse dumpster enclosures for guest trash disposal.
16. New septic systems – A projected addition of three (3) new septic systems to support the upgrade of all sites to allow sewer use.
17. Rustic Cabin Renovations – Cosmetic and minor mechanical renovations to the rustic cabins, may also include adding concrete sidewalks and patios with firepits.
18. Electrical Upgrades at Individual Sites – Upgrade all 30-amp service sites to 50-amp service sites.
19. Reconfiguration of sites – They intend to reconfigure sites, losing site numbers, but increasing the size of some sites to accommodate today’s larger RV’s. The estimated site number change will go from three hundred ninety four (394) sites to approximately three hundred (300) sites. The reconfiguration will coincide with the electrical upgrades and septic installations.
20. Automatic gate – The installation of automatic gates for the security and safety of the guests. They propose to install 6 gates within the park to allow for controlled access.
21. Site control fencing – Installation of fencing to control access and visibility to maintenance and refuse collection area.
22. Reconfigured parking area – The addition of parking spaces when designing the Ranger Station patio improvements in the amenity core.
23. Demolition of vacant residence and garage – Removal of vacant residence and garage for safety reasons and to allow and better maintenance access.
24. Demolition of Pool #1 and old comfort station to allow for the construction of the outdoor amphitheater.
25. Directional signage – Placement of directional and site marking signage.
26. Bridge – Install a bridge over the creek for pedestrian/cart access.
27. Small comfort station/playground – Addition of small comfort station and playground on far side of the creek for close guest access.
28. Installation of internet tower for better internet service. The tower is eighty feet (80’) in height.
29. Add storm water detention site for new work.
As noted in the phasing plan contained in the master plan, improvements in the amenity core area and southwest of the amenity core area will occur in Phase I. Improvements in the area west of the amenity area will occur in Phase II. Improvements around the Internet Tower will occur in Phase III. No information was provided regarding the start or completion of the individual Phases.
In addition to the above changes, the Petitioners were requesting a variance to the requirement that the entire periphery of the park, with the exception of access roads be fenced. As noted on the landscaping plan contained in the master plan, the Petitioners do not want to place a fence along the front (west) side of the property.
The application materials, annexation agreement, court order relinquishing jurisdiction, proposed master plan, plat of the property, topographic survey and stormwater exhibit were provided.
The property is located at 8574 Millbrook Road inside the Village of Millbrook.
The property is approximately sixty-two (62) acres in size.
The existing use is wooded and a campground.
The property is zoned A-1 with a court ordered special use permit.
The adjacent land uses are agricultural, farmstead, and wooded.
The adjacent properties are zoned A-1 and A-1 BP in the County and A-1 inside the Village of Millbrook.
The County’s Land Resource Management Plan calls for the area to be Rural Estate Resident, Countryside Residential, and Open Space. The Village of Millbrook’s Plan calls for the area to Commercial, Low Density Residential, and Open Space.
The properties within one half (1/2) mile are zoned A-1, A-1 SU, A-1 BP, and R-1 in the County. The A-1 SU to the east of the subject property is for a landscaping business. The Hollenback Sugarbush Forest Preserve is located near the subject property. Within one half (1/2) of a mile of this property, properties inside the Village of Millbrook are zoned A-1, R-3, B-2, B-3, and M-1.
EcoCat submitted and consultation was terminated.
The LESA Score was 150 indicating a low level of protection. The NRI was provided.
Fox Township was emailed information on September 23, 2022.
As required by Section 7:01.D.46 of the Kendall County Zoning Ordinance, the Petitioner submitted an email to the Little Rock-Fox Fire Protection District on August 23, 2022, which was provided. Additional information was emailed on September 23, 2022.
The Village of Millbrook was emailed information on September 23, 2022. It was Staff’s understanding that the Village Board reviewed information related to the Petition prior to application submittal.
Per Section 7:01.D.46 of the Kendall County Zoning Ordinance, recreational camps and recreational parks can be special uses on A-1 zone property subject to the following conditions:
a. All applications for a permit to operate a recreational vehicle park or campground shall contain the following:
1. Name, address and telephone number of applicant.
2. Percentage of interest of the applicant and/or owners in the proposed campground.
3. Name and address of all persons holding an interest or having an interest in the proposed campground.
4. Location, address and legal description of the entire proposed campground.
5. Existing zoning of subject property and all adjacent properties.
6. Complete engineering plans and specifications of the proposed campground showing:
i. The area and dimensions of the entire tract of land;
ii. The number, location and size of all lots intended for use by recreational vehicles or tents;
iii. The number, location and size of all unimproved, partially improved and fully improved lots;
iv. The location, right-of-way and surfaced roadway width and surfacing materials of roadways and walkways;
v. The location of proposed interior vehicular and pedestrian circulation patterns;
vi. The location of service buildings, sanitary stations and any other existing or proposed structures;
vii. The location of water and sewer lines;
viii. Plans and specifications of all buildings constructed or to be constructed within the campground;
ix. Plans and specifications of the water supply, refuse and sewage disposal facilities, pet exercise and sanitation areas;
x. The location and details of lighting and electrical systems;
xi. The location of fire hydrants, if provided;
xii. Location of all drainage easements to comply with County drainage plans.
xiii. Quantity and point or area of departure of storm water runoff prior to and subsequent to construction of the proposed RV park.
xiv. Erosion control and landscaping plans;
xv. Kendall County Soil and Water Conservation District soils report;
xvi. The calendar months of the year during which the applicant will operate the proposed campground.
b. Where a campground development is proposed for construction in a series of stages, a master plan for the development of the entire tract of land shall be submitted along with the detailed plans and specifications for the initial stage, as well as any subsequent stages.
c. Every application for the construction, operation, maintenance and occupancy for a campground shall be accompanied with plans and specifications, fully setting out the trailer spaces, the position of each RV, motor vehicle parking spaces, the driveway giving access thereto and a plan of landscaping. Before any permit is issued for a campground and the use thereof, the plans and specifications shall first be approved by the PBZ Department and the Kendall County Health Department, taking into account all the provisions as set out herein, as well as such special conditions as may be imposed by the Kendall County Board or its specified subcommittee, and provided further that said plans and specifications are in accordance with State regulations governing campgrounds.
d. After completing the necessary zoning requirements and when upon review of the application, the PBZ Department has determined that the proposed plan meets all requirements of this Ordinance, a permit shall be issued.
e. The minimum parcel size must be twenty (20) acres.
f. The park or campground must be screened from nearby agricultural and other land uses by a vegetative buffer other than multiflora rose or Honeysuckle. The width of the buffer should vary in proportion to the maximum campground or park population up to a maximum of three hundred feet (300’).
g. The periphery of the park or campground, except at designated access roads, must be completely enclosed and maintained by a fence which will not permit people or farm animals to pass through it;
h. The park or campground must maintain litter control and refuse collection so as to prevent litter or refuse from blowing onto or otherwise being deposited on nearby lands.
i. Traffic from the park or campground must not seriously impair the movement of or cause hazard to agricultural and vehicular traffic.
j. All lands classified as floodplains shall remain in permanent open space.
k. No more than twenty percent (20%) of any forest shall be cleared or developed and the remaining eighty percent (80%) shall be retained in permanent open space or a tree study with a tree mitigation plan approved by the PBZ Committee may be submitted. General maintenance shall be exempt from the requirements of this section and this provision does not apply to the clearing of invasive species. Invasive species shall be defined by the Illinois Department of Natural Resources.
l. All ponds, wetlands, and watercourses shall be left in permanent open space and no dredging, filling, or diversion of water shall be permitted.
m. Storm water runoff shall be limited to the rate which would occur under natural conditions.
n. All ponds, wetlands, and watercourses are to be protected from erosion and sedimentation in accordance with the Kendall County Stormwater Management Ordinance.
o. Areas with slopes greater than fifteen percent (15%) are to be retained in permanent open space. p. Scenic views from public highways or adjoining lands must be maintained.
q. The park or campground should provide separate circulation systems for vehicles and pedestrians.
r. Access to the park must be safe and convenient.
s. To insure adequate open space and protection of resource areas, lots within the park or campground should be clustered.
t. Internal roads, except one main collector road, should be one way and no wider than eighteen feet (18’).
u. Collector roads should be no wider than twenty-four feet (24’).
v. Recreation facilities within the park should be in proportion to the maximum park population.
w. Recreational space within the park should be in proportion to the maximum park population and may include up to sixty percent (60%) of the park or campground.
x. Water supply and waste disposal facilities shall be designed, constructed and maintained in accordance with Health Department regulations.
y. The storage, collection and disposal of refuse shall be performed as to minimize accidents, fire hazards, air pollution, odors, insects, rodents or other nuisance conditions.
z. No parking is permitted on interior roads.
aa. All outdoor cooking facilities shall be located, constructed, and maintained to minimize fire hazard and smoke nuisance.
bb. All accessory uses should be limited to park residents.
cc. There shall be no indication of retail accessory uses visible from any public road or street.
dd. Lots in the park or campground must be at least one thousand five hundred (1500) square feet and clearly marked on the ground with landmarks on the lot corners and lot signage approved by the local fire protection district.
ee. Trailers and accessory structures must be separated from one another by at least ten feet (10’) in all directions.
ff. Traffic generated by the maximum park or campground population must not exceed capacities of the local traffic network or cause public funds to be used for traffic safety or control improvements.
gg. Demands for public water or sanitary waste disposal must not overburden current facilities.
hh. No recreational vehicle tent, or location within a recreational vehicle park or campground shall be used as a permanent place of abode. If the address of the recreational vehicle park or campground is listed as a person’s address on any government issued document, including, but not limited to, any government roll or registry (such as a voter roll or registry), or any application or enrollment information for a public, private, or parochial educational institution, the recreational vehicle park or campground shall be considered that person’s permanent place of abode, regardless of the length of that person’s occupancy. This provision shall not apply to campground caretakers.
ii. Inspections
a. The PBZ Department and the Health Department are hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this Ordinance, but in no case shall such inspection take place less than once per year.
b. The PBZ Department and the Health Department shall have the power to enter at reasonable times and upon reasonable notice upon any private property for the purpose of inspecting and investigating conditions relating to the enforcement of this Ordinance.
c. The owner of the recreational vehicle park or campground, or his agent or employee, shall be required to maintain a register containing a record of all campers, picnickers, and visitors registered in the park or campground. The PBZ Department, Health Department, law enforcement agency with jurisdiction, and the local fire protection district shall have the power to inspect the register upon request. The register shall be updated daily at minimum.
d. It shall be the duty of the park management to give the PBZ Department and the Health Department free access to all lots and other areas at reasonable times and upon reasonable notice for the purpose of inspection.
e. It shall be the duty of every camper or picnicker in the park to give the owner thereof or his agent or employee access to any part of such recreational vehicle park at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this Ordinance and to facilitate inspections.
jj. All standards of the Health Department shall be met.
kk. Must seek approval from the fire and police departments at the time of application submittal for the special use permit.
ll. Adequate directional signage must be throughout the property, including street signs. All trails shall be marked at their beginnings and ends.
mm. A map of the recreational vehicle park or campground shall be supplied to KenCom. At minimum, the map shall show the location and names or numbers of all lots and trails in the recreational vehicle park or campground and the location and names of all streets and trails. Changes to the map or any identification information on the map shall be reported to KenCom within thirty (30) days of the change.
If the Village Board approves the variance related to fences, the other conditions have been met or could be included as conditions in the special use permit.
Per the information provided in the business overview, the camp has been at the subject property for approximately thirty (30) years. They are open for rentals from April 15th to October 31st yearly. They have three hundred ninety-four (394) sites. They offer space for personal recreational vehicles, trailers, tents, and onsite cabins. They offer standard water and electricity for tents and recreational vehicles and premium full hook-ups for recreational vehicles, deluxe cabin rentals, and rustic cabin rentals. Amenities include a swimming pool, jump pad, playgrounds, basketball court, recreational center, camp store, and other outdoor activities. During the operating season, the maximum number of employees is thirty-six (36) and during the non-operating season, the maximum number of full-time employees is three (3).
The master plan calls for the construction of several new buildings and renovations to other facilities. Applicable building permits will be required as these structures are constructed and renovated.
Per the master plan, new construction will match existing design. All structures will be one (1) story. The bathhouses will have masonry exterior walls, wood truss hip roofs, asphalt shingles, and wood privacy fences at the openings. The garage, amphitheater, and other buildings will be wood frame structures with wood truss gable roofs, asphalt shingles, either vinyl or composite wood siding.
As noted previously, the Internet tower will be eighty feet (80’) in height.
The structures shown for demolition would also require permits.
The subject property is served by well and septic. Information about the water system was provided in master plan. Information about the septic systems was also provided in the master plan.
The Petitioner has submitted a topographic survey and stormwater exhibit and a stormwater management permit application. As of the date of this meeting, these items are under review.
As shown on the master plan, the property has one (1) access point off of Millbrook Road. There are five (5) gates on the roads near the entrance of the property.
Per the master plan, there are thirteen (13) named streets within the property and several minor roads. There are twenty-eight (28) parking spaces, including two (2) handicapped accessible spaces. No information was provided regarding lights.
Several directional signs are presently located on the property. None of the existing signs are illuminated. One (1) identification sign is located on the west side of Millbrook Road across from the subject property; this sign was allowed per court order.
Per the master plan four (4) new direction signs are proposed for the property. Some of these signs might be illuminated. Each camp site would also have its own sign.
Signs would be metal, vinyl, and painted wood.
Pictures and descriptions of signs can be found in the master plan.
The master plan shows five (5) gates near the entrance to the property. The landscaping portion of the master plan shows a weld wire mesh fence across the northern, eastern, and southern perimeter of the property. Numerous trees and scrub plantings also are located along the northern, eastern, and southern perimeter of the property.
The master plan also calls for a chain link fence around the dog park, pool deck, and owner’s residence.
The landscaping portion of the master plan notes the number of existing trees on the property. No tree clearing outside of the amenity core area is planned except for maintenance purposes and the removal of invasive species. Native shrubs are planned in the landscaping beds. More specific landscaping plans will be submitted as the project progresses.
No information was provided regarding noise control.
No information was provided regarding odor control.
The master plan calls for four (4) refuse dumpster enclosures. Per the master plan, each refuse locations will include two (2) dumpsters surrounded by a wood privacy fence on three (3) sides. The fences would be six feet (6’) in height. The dumpsters would be on asphalt pads. The enclosures would be approximately fourteen feet (14’) wide and slightly over six feet (6’) in depth. Three (3) of the four (4) dumpster enclosures are planned in Phase I of the project.
As of the date of this meeting, there are four (4) active recreational camp and recreational park special use permits in unincorporated Kendall County. The above figure does not include the subject property. The property where Camp Quarryledge was previously located is pending annexation into the Village of Oswego.
The proposed Findings of Fact for the special use permit 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. The operation of the property as a recreational vehicle park and campground has occurred since the early 1980s. Restrictions, such as requiring the site to be developed in accordance to the submitted site plan, may be placed in the special use permit to ensure the public health, safety, moral, comfort, and general welfare are protected.
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. No evidence exists showing that the use of the property has substantially injured the use to other properties or caused the diminishment of property values. The proposed site plan addressing buffering, screening, fencing, and open space preservation. Some of the negative impacts of the proposed use on properties in the immediate vicinity could be mitigated by restrictions related to season of operation and noise within the ordinance granting the special use permit.
That adequate utilities, access roads and points of ingress and egress, drainage, and/or other necessary facilities have been or are being provided. True, the Petitioner’s master plan addresses utilities, access roads, and other necessary facilities. A stormwater management permit will be required to implement some of the projects shown on the master plan.
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. Provided a variance is issued for the fence regulations along the west side of the property, this is true.
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 Village of Millbrook’s Comprehensive Plan identifies this property as a campground and as open space. Further, the Village Comprehensive Plan states on page 13, “Locate open space amenities such as parks and recreation activities along the Fox River and the Hollenback Creek corridor.”
The proposed Findings of Fact for the variance were as follows:
That the particular physical surroundings, shape, or topographical condition of the specific property involved would result in a particular hardship or practical difficulty upon the owner if the strict letter of the regulations were carried out. Millbrook Road creates a natural barrier which makes the requirement unnecessary. The property has been used as a campground since the mid-1980s and no such regulation was required when the campground was originally established.
That the conditions upon which the requested variation is based would not be applicable, generally, to other property within the same zoning classification. Only four (4) other campgrounds presently operate in unincorporated Kendall County on A 1 zoned property. None of the other campgrounds have this requirement. It is unknown if future campgrounds will require a similar variance in the future.
That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. The fencing requirement came into existence after the campground originally opened.
That the granting of the variation will not materially be detrimental to the public welfare or substantially injurious to other property or improvements in the neighborhood in which the property is located. As the campground has operated at the subject property since the 1980s and no evidence has been presented that the current use harmed the public welfare or other properties, the lack of fencing along Millbrook Road in the future will not be detrimental to the public or neighborhood.
That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets or increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the neighborhood. The requested variance will not impair light reaching other properties, cause congestion on any public street, or diminish or impair property values.
Pending comments from ZPAC Members, Little Rock-Fox Fire Protection District, and the Village of Millbrook, Staff recommended approval of the special use permit. As of the date of this meeting, the Petitioner has not agreed to these conditions and restrictions:
1. All previously approved development plans for subject property are repealed.
2. The site shall be developed substantially in accordance with the master plan.
3. One (1) identification sign with a maximum thirteen feet (13’) in width and twelve feet (12’) feet in height may be placed on the property presently identified by parcel identification number 04-16-400-001 and located on the west side of Millbrook Road. This sign may not be illuminated.
4. Additional signage may be installed on the subject property as outlined and described in the master plan. This signage may be illuminated. Adequate directional signage must be throughout the property, including street signs. All trails shall be marked at their beginnings and ends.
5. A variance to Section 7:01.D.46.g is granted to not require fencing along the west side of the property as shown in the master plan.
6. The operating season shall be between April 15th and October 31st yearly. No campers may be on the property during the non-operating season. The Millbrook Village Board may extend the operating season upon request of the property owner and after notification to the Kendall County Planning, Building and Zoning Department regarding the extension.
7. None of the structures or signs placed on the subject property shall be considered agricultural structures and shall secure proper permits for construction, demolition, or renovation.
8. 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.
9. 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.
10. The minimum parcel size must be twenty (20) acres.
11. The park or campground must be screened from nearby agricultural and other land uses by a vegetative buffer other than multiflora rose or Honeysuckle. The width of the buffer should vary in proportion to the maximum campground or park population up to a maximum of three hundred feet (300’).
12. The park or campground must maintain litter control and refuse collection so as to prevent litter or refuse from blowing onto or otherwise being deposited on nearby lands.
13. The storage, collection and disposal of refuse shall be performed as to minimize accidents, fire hazards, air pollution, odors, insects, rodents or other nuisance conditions.
14. Traffic from the park or campground must not seriously impair the movement of or cause hazard to agricultural and vehicular traffic.
15. Traffic generated by the maximum park or campground population must not exceed capacities of the local traffic network or cause public funds to be used for traffic safety or control improvements.
16. All lands classified as floodplains shall remain in permanent open space.
17. Areas with slopes greater than fifteen percent (15%) are to be retained in permanent open space. 18. No more than twenty percent (20%) of any forest shall be cleared or developed and the remaining eighty percent (80%) shall be retained in permanent open space or a tree study with a tree mitigation plan approved by the PBZ Committee may be submitted. General maintenance shall be exempt from the requirements of this section and this provision does not apply to the clearing of invasive species. Invasive species shall be defined by the Illinois Department of Natural Resources.
19. All ponds, wetlands, and watercourses shall be left in permanent open space and no dredging, filling, or diversion of water shall be permitted.
20. Stormwater runoff shall be limited to the rate which would occur under natural conditions and shall be governed by the stormwater management permit.
21. The park or campground should provide separate circulation systems for vehicles and pedestrians.
22. Internal roads, except one (1) main collector road, should be one way and no wider than eighteen feet (18’).
23. Collector roads should be no wider than twenty-four feet (24’).
24. No parking is permitted on interior roads.
25. Recreational space within the park should be in proportion to the maximum park population and may include up to sixty percent (60%) of the park or campground.
26. All outdoor cooking facilities shall be located, constructed, and maintained to minimize fire hazard and smoke nuisance.
27. All accessory uses should be limited to park residents.
28. There shall be no indication of retail accessory uses visible from any public road or street.
29. Lots in the park or campground must be at least one thousand five hundred (1500) square feet and clearly marked on the ground with landmarks on the lot corners and lot signage approved by the local fire protection district.
30. Trailers and accessory structures must be separated from one another by at least ten feet (10’) in all directions.
31. No recreational vehicle tent, or location within a recreational vehicle park or campground shall be used as a permanent place of abode. If the address of the recreational vehicle park or campground is listed as a person’s address on any government issued document, including, but not limited to, any government roll or registry (such as a voter roll or registry), or any application or enrollment information for a public, private, or parochial educational institution, the recreational vehicle park or campground shall be considered that person’s permanent place of abode, regardless of the length of that person’s occupancy. This provision shall not apply to campground caretakers.
32. The maximum number of campground caretakers during the operational season shall be thirty-six (36) and the maximum number of campground caretakers during the non-operational season shall be three (3). The above numbers do not include sub-contractors. Sub-contractors shall not be considered campground caretakers for the purposes of this special use permit. Mr. Asselmeier noted the Petitioners would like this condition removed.
33. Inspections
a. The Planning, Building and Zoning Department and the Health Department are hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this Ordinance, but in no case shall such inspection take place less than once per year.
b. The Planning, Building and Zoning Department and the Health Department shall have the power to enter at reasonable times and upon reasonable notice upon any private property for the purpose of inspecting and investigating conditions relating to the enforcement of this Ordinance.
c. The owner of the recreational vehicle park or campground, or his agent or employee, shall be required to maintain a register containing a record of all campers, picnickers, and visitors registered in the park or campground. The Planning, Building and Zoning Department, Health Department, law enforcement agency with jurisdiction, and the local fire protection district shall have the power to inspect the register upon request. The register shall be updated daily at minimum.
d. It shall be the duty of the park management to give the Planning, Building and Zoning Department and the Health Department free access to all lots and other areas at reasonable times and upon reasonable notice for the purpose of inspection.
e. It shall be the duty of every camper or picnicker in the park to give the owner thereof or his agent or employee access to any part of such recreational vehicle park at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this special use permit and to facilitate inspections.
34. A map of the recreational vehicle park or campground shall be supplied to KenCom. At minimum, the map shall show the location and names or numbers of all lots and trails in the recreational vehicle park or campground and the location and names of all streets and trails. Changes to the map or any identification information on the map shall be reported to KenCom within thirty (30) days of the change.
35. 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.
36. The property owner and operators of the business allowed by this special use permit acknowledge and agree to follow Kendall County’s Right to Farm Clause.
37. 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.
38. Failure to comply with one or more of the above conditions could result in the amendment or revocation of the special use permit.
39. If one or more of the above conditions is declared invalid by a court of competent jurisdiction, the remaining conditions shall remain valid.
40. This special use permit and variance 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.
Discussion occurred regarding striking the condition pertaining to the maximum number of employees. Discussion occurred regarding a distinction between number of employees and caretakers. Jackie Kowalski, Mayor of Millbrook, was agreeable to removing the condition. Boyd Ingemunson and Stephanie Olson agreed to set the maximum number of caretakers at two (2). The families of the caretakers could reside on the property as their permanent place of abode.
Mr. Guritz noted the beauty of the area of the County where the campground was located. He offered to assist the Petitioner on future landscaping plans of the property.
Mr. Rybski discussed the State Code related to septic systems and the use of the word “employee.” The Petitioner was working with the Illinois Department of Public Health. Mr. Rybski discussed the Illinois Department of Public Health’s role in licensing campgrounds. Some of the existing septic systems will be used and some of the systems will be new. The Petitioner was advised to reach out to the Kendall County Health Department and State regarding the concession areas at the property.
Mr. Klaas ask if any neighbors or anyone associated with the Village of Millbrook has expressed any objections or concerns regarding this proposal. Mayor Kowalski responded that the Village did not have any objections.
Mr. Klaas noted the windrow of trees along the perimeter of the property.
Chairman Gengler asked about the number of sites. The number of sites would be reduced to about three (300).
Mr. Asselmeier advised the Petitioner to let the Village of Millbrook know in advance if they needed to expand their season of operation. Also, he suggested removing the reference to the Planning, Building and Zoning Committee in condition 18 and replacing it with the Village of Millbrook’s Village Board.
Mr. Guritz made a motion, seconded by Mr. Klaas, to recommend approval of the proposal with amendments to delete the present wording in condition 32 and replace it with setting a maximum of two (2) campground caretakers and their families may reside on the premises as their permanent place of abode and to replacing the Planning, Building and Zoning Committee with the Millbrook Village Board in condition 18.
Mr. Rybski discussed the licensing requirements of the Illinois Department of Public Health. Mr. Asselmeier responded that the Petitioner has to comply with all applicable State laws.
With a voice vote of seven (7) ayes, the motion carried.
The proposal goes to the Kendall County Regional Planning Commission on October 26, 2022.
REVIEW OF PETITIONS THAT WENT TO COUNTY BOARD
Mr. Asselmeier reported that Petition 22-14 and 22-16 were approved by the County Board.
OLD BUSINESS/NEW BUSINESS
Recommendation of Fiscal Year 2022-2023 Meeting Calendar
The consensus of the Committee was to approve the meeting calendar with an amendment to change the July meeting date to July 5th.
CORRESPONDENCE
None
PUBLIC COMMENT
None
ADJOURNMENT
Mr. Rybski made a motion, seconded by Mr. Klaas, to adjourn.
With a voice vote of seven (7) ayes, the motion carried.
The ZPAC, at 9:39 a.m., adjourned.
https://www.kendallcountyil.gov/home/showpublisheddocument/25733
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