Kendall County Times

Kendall County Zoning Board of Appeals met April 29.

Here are the minutes provided by the board:

CALL TO ORDER

Chairman Randy Mohr called the Zoning Board of Appeals meeting to order at 7:03 p.m.

ROLL CALL:

Members Present: Cliff Fox, Tom LeCuyer, Randy Mohr, Jillian Prodehl, and Dick Thompson, Members Absent: Scott Cherry and Dick Whitfield

Staff Present: Matthew Asselmeier, AICP, CFM, Director and Wanda Rolf, Administrative Assistant Others Present: Dan Kramer and Steve Grebner

MINUTES:

Member LeCuyer made a motion, seconded by Member Fox, to approve the minutes of the March 4, 2024, hearing/meeting.

With a voice vote of five (5) ayes, the motion carried.

The Zoning Board of Appeals started their review of Petition 24-06 at 7:03 p.m.

Petition 24 – 06 – Jerry Styrczula on Behalf of A&D Properties, LLC

Request: Map Amendment Rezoning the Subject Property from B-3 Highway Business District to M-1 Limited Manufacturing District

PINs: 05-09-300-015

Location: 7789 Route 47, Yorkville in Kendall Township

Purpose: Petitioner Wants to Rezone the Property in Order to Operate a Trucking Business Mr. Asselmeier summarized the request.

A&D Properties, LLC would like a map amendment rezoning approximately sixteen point four more or less (16.4 +/-) acres located on the west side of Route 47 addressed as 7789 Route 47 from B-3 Highway Business District to M-1 Limited Manufacturing District in order to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses at the subject property.

The application materials and pictures of the property were provided.

The property has been zoned B-3 since 1975. The ordinance rezoning the property to B-3 was provided. The property was previously used as a distributorship for International Harvester.

The plat of survey was provided.

If the map amendment is approved and if the Petitioner wants to make changes to the site, site plan approval will be required. To date, the Petitioner was working on a site plan proposal.

The property is addressed as 7789 Route 47, Yorkville.

The property is approximately sixteen (16) acres in size.

The current land use is Vacant and Improved Commercial.

The property is zoned B-3 Highway Business District.

The County’s Future Land Use Map calls for this property to be Mixed Use Business. Yorkville Future Land Use Map calls for the property to be Estate/Conservation Residential.

Route 47 is a State maintained Arterial Road.

There are no trails planned in this area.

There are no floodplains or wetlands on the property.

The adjacent land uses are Improved Commercial, Single-Family Residential, Agricultural, and Vacant Manufacturing.

The adjacent properties are zoned A-1 and M-1 in the unincorporated area and R-2 and R-3 inside Yorkville.

The County’s Future Land Use Map calls for the area to be Rural Residential and Mixed Use Business. Yorkville’s Future Land Use Map calls for the area to be Agricultural, Suburban Neighborhoods, and Estate/Conservation Residential.

The properties within one point five (1.5) miles are zoned A-1, A-1 SU, R-1, R-4, B-3, and M-1 in the County and R-2, R-3, B-1, and B-3 in Yorkville.

The A-1 special use permit to the north is for a landscaping business.

EcoCAT Report submitted and consultation was terminated.

The application for NRI was submitted on March 12, 2024. The LESA Score was 157 indicating a low level of protection. The NRI Report was provided.

Petition information was sent to Kendall Township on March 20, 2024. The Kendall Township Planning Commission reviewed the proposal on April 15, 2024, and recommended approval of the proposal. The Kendall Township Board reviewed the proposal on April 16, 2024, and concurred with the Kendall Township Planning Commission. The email from the Township was provided.

Petition information was sent to the United City of Yorkville on March 20, 2024. Yorkville will be reviewing the proposal at their May meetings.

Petition information was sent to the Bristol-Kendall Fire Protection District on March 20, 2024.

ZPAC reviewed the proposal at their meeting on April 2, 2024. Discussion occurred regarding the semis already parked at the property and restricting semis on Conservation Drive. Site plan approval will be required and they will need to comply with the M-1 zoning regulations, if the map amendment is approved. ZPAC recommended approval by a vote of seven (7) in favor and (0) in opposition, with three (3) members absent. The minutes of the meeting were provided.

The Kendall County Regional Planning Commission reviewed the proposal at their meeting on April 24, 2024. It was noted that the subject property had been recently reclassified as Mixed Use Business on the Future Land Use Map. Trucks will not be allowed to access the property via Conservation Drive, per agreement between the Petitioner and Kendall Township. The intention was to use the property for a truck and trailer sales business. If the map amendment was approved, the Petitioner would still need site plan approval. The Petitioner intended to install a paved parking lot, applicable lighting, remodel the existing building, and possibly construct a second building. The Petitioner was attempting to relocate the trailers presently onsite. Discussion occurred regarding current activities on the property; a request was made regarding clarifying the current use of the property because drivers were getting picked up and dropped off at the site. Discussion occurred regarding the County’s voluntary compliance policy. It was noted that the subject property and Mixed Use Business area was not very large. The Kendall County Regional Planning Commission recommended approval of the map amendment by a vote of eight (8) in favor and (0) in opposition, with two (2) members absent. The minutes of the meeting were provided.

The Petitioner would like to rezone the property to operate a trucking business.

There are two (2) existing buildings on the property. The northern building is approximately five thousand, three hundred sixty-six (5,366) square feet in size. The southern building is approximately eleven thousand, three hundred (11,300) square feet in size.

Any future buildings would have to meet applicable building codes.

The site is serviced by a well and septic. There is electricity and natural gas onsite.

The property fronts Route 47 and has one (1) access point off of Route 47. There is a deceleration lane for south bound traffic off of Route 47. The property also has one (1) access point off of Conservation Drive.

There is existing parking around the southern building; the parking spaces are not marked. If improvements are made to the site, parking spaces would need to be marked.

Based on the proposed uses, no new odors are foreseen. The owners of the property would have to follow applicable odor control regulations based on potential other future M-1 allowable uses.

There are lights on both buildings and a streetlight is lying on the ground at the entrance off of Route 47.

The amount of lighting could expand on the property if they install a larger parking lot or if different uses move onto the property. Lighting would need to be evaluated as part of site plan review.

There are several mature plants around the perimeter of the property. No changes to the landscaping or property screening are proposed as part of the map amendment.

If improvements are made to the site in the future, landscaping and screening would be required as part of site plan review.

Any signage would have to meet applicable regulations and secure permits.

The owners of the property would have to follow applicable noise control regulations based on future land uses. Noise control measures would need to be evaluated as part of site plan approval.

The Petitioner submitted an application for a stormwater permit.

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, single-family residential, office, and light industrial, including outdoor storage. The property is presently vacant, but was previously used as a site for the sale of agricultural equipment.

The Zoning classification of property within the general area of the property in question. The surrounding properties are zoned A-1 and M-1 in the unincorporated area and R-2, R-3, and B-3 inside the United City of Yorkville.

The suitability of the property in question for the uses permitted under the existing zoning classification. The Petitioners proposed use of the property, for the operation of a trucking business, is not allowed in the B-3 Zoning District. The site itself could be used for a trucking business, if properly zoned.

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, storage and warehousing, and other light industrial type uses.

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 was recently amended to Mixed Use Business. The M-1 Zoning District is consistent with the Mixed Use Business classification.

Staff recommended approval of the proposed map amendment.

Chairman Mohr asked if there were any questions. There were none.

Chairman Mohr opened the public hearing at 7:12 p.m.

Chairman Mohr swore in Dan Kramer.

Dan Kramer, Attorney for the Petitioner, spoke about the property being vacant for 2 decades. The current ordinance states that farm implements can be sold but not semi-trailers or semi tractors which is why the Petitioner requests to rezone the property to M-1 Zoning. Mr. Kramer stated that the Petitioner does not run a trucking business. He is a licensed dealer.

There have been unknown semi-trailers parked on the Petitioner’s lot. Plano Molding has used the property for storing their trailers. The Petitioner is attempting to relocate trailers that are currently onsite. A request was made regarding clarifying the current use of the property because drivers were being picked up and dropped off at the site. Mr. Kramer stated that none of the Petitioner’s trailers were licensed to travel on the highway. The Petitioner was arranging to sell the trailers as soon as possible.

The Petitioner plans on having a building to customize semi-trailers and semi-tractors. For example, if someone wants their ICC number printed on the truck or have specialized mud flaps they will be able to have that done. The Petitioner was also considering having the two (2) buildings connected to form one (1) large building.

Mr. Kramer stated that the asphalt that is currently on Conservation Drive was not adequate for large trucks so the petitioner stated he would have a sign that will say no vehicles over ten thousand pounds (10,000 lbs.) on Conservation Drive. The Petitioner’s site plan was under review by the County Stormwater Engineer.

Steve Grebner, Kendall County Township Clerk, stated he counted the trailers in the lot and there were sixty (60) trailers. Mr. Grebner asked Mr. Kramer what the time table was for the Petitioner to remove the trailers. Mr. Kramer stated the time table would be approximately thirty (30) days.

Ms. Prodehl asked if the trailers had anything stored in them. Mr. Kramer answered that there was nothing stored in any of the trailers.

Chairman Mohr adjourned the public hearing at 7:31 p.m.

Member LeCuyer made motion, seconded by Member Thompson, to approve Findings of Fact.

The votes were as follows:

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

Nays (0): None

Abstain (0): None

Absent (2): Cherry and Whitfield

Member LeCuyer made a motion, seconded by Member Fox, to approve the petition to rezone the Property from B-3 Highway Business District to M-1 Limited Manufacturing District.

The votes were as follows:

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

Nays (0): None

Abstain (0): None

Absent (2): Cherry and Whitfield

The proposal will go to the Planning, Building and Zoning Committee on June 10, 2024.

The Zoning Board of Appeals completed their review of Petition 24-06 at 7:33 p.m.

NEW BUSINESS/OLD BUSINESS

None

REVIEW OF PETITIONS THAT WENT TO COUNTY BOARD

Mr. Asselmeier reported that Petitions 23-35, 24-01, 24-02, and 24-03 were approved by the County Board. Also the City of Aurora annexed the billboard at the corner Route 30 and Hafenrichter.

Mr. Asselmeier also reported that the Brighter Daze banquet facility on Crimmins Road has asked for annexation into Millington. This was continued to the May meeting.

Mr. Asselmeier reported that the following items will be on the May agenda, Seward Township is requesting an amendment to the special use for their Township Building because they want to construct an addition, a landscaping business is proposed at 2142 Wooley Road, someone wants to rezone the property next to TZ Landscaping on Route 52 in order have a contractor’s office, a special request for a commercial solar farm is proposed on Simons Road, and Seward Township is proposing changes to their Future Land Use Map. Seward Township has submitted a request to reclassify almost everything west of Arbeiter and Hare Roads to Agricultural.

Chair Mohr asked Mr. Asselmeier if Seward Township had their local hearings regarding the proposed new future land use map. Mr. Asselmeier stated that Seward Township had their public meeting on April 18, 2024. There were approximately thirty (30) people in attendance.

Member Prodehl made motion, seconded by Member Fox, to place the two (2) Seward Township items at the beginning of the May agenda. With a voice vote of five (5) ayes, the motion carried.

PUBLIC COMMENTS

None

ADJOURNMENT OF THE ZONING BOARD OF APPEALS

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

With a voice vote of five (5) ayes, the motion carried.

The Zoning Board of Appeals meeting adjourned at 7:43 p.m.

https://www.kendallcountyil.gov/home/showpublisheddocument/30439/638525802374376720