Kendall County Times

Kendall County Zoning Board of Appeals met Sept. 30.

Here are the minutes provided by the board:

CALL TO ORDER

Chairman Randy Mohr called the Zoning Board of Appeals meeting to order at 7:00 p.m.

ROLL CALL:

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

Members Absent: None

Staff Present: Matthew Asselmeier, AICP, CFM, Director and Wanda Rolf, Office Assistant Others Present: Dan Kramer, Leo Phillip, and Gloria Foxman

MINUTES:

Member Prodehl made a motion, seconded by Member Fox, to approve the minutes of the September 3, 2024, hearing/meeting.

With a voice vote of seven (7) ayes, the motion carried.

PETITIONS:

The Zoning Board of Appeals started their review of Petition 24-13 at 7:01 p.m.

Petition 24 – 13 – James C. Marshall on Behalf of TurningPointEnergy, LLC Through TPE IL KE240 (Tenant) and Frank J. Santoro (Owner)

Request: Special Use Permit for a Commercial Solar Energy Facility and Variance to Section 7:01.D.17.a of the Kendall County Zoning Ordinance to Allow a Commercial Solar Energy Facility on Land within One Point Five (1.5) Miles of Municipality without an Annexation Agreement

PIN: 03-26-300-006

Location: East of 2025 Simons Road, Oswego in Oswego Township

Purpose: Petitioner Would Like to Install a Commercial Solar Energy Facility; Property is Zoned A-1

Mr. Asselmeier read an email from the Petitioner’s Consultant requesting a continuance to January 27, 2025.

Member LeCuyer made a motion, seconded by Member Thompson, to continue the hearing to January 27, 2025.

The votes were as follows:

Ayes (7): Cherry, Fox, LeCuyer, Mohr, Prodehl, Thompson, and Whitfield

Nays (0): None

Abstain (0): None

Absent (0): None

The motion carried.

The proposal will be on the January 27, 2025, Zoning Board of Appeals agenda.

The Zoning Board of Appeals completed their review of Petition 24-13 at 7:01 p.m. The Zoning Board of Appeals started their review of Petition 24-22 at 7:01 p.m.

Chairman Mohr swore in Dan Kramer and Leo Phillipp

Petition 24 – 22 – Leo M. Phillipp

Request: Map Amendment Rezoning the Property from A-1 Agricultural District to R-1 One Family Residential District

PIN: 05-08-301-002

Location: 10835 Legion Road, Yorkville in Kendall Township

Purpose: Petitioner Wants to Rezone the Property in Order to Build 3 Houses Mr. Asselmeier summarized the request.

The Petitioners would like a map amendment rezoning approximately eleven point six more or less (11.6 +/-) acres of the approximately fifteen (15) acres located at the northeast corner of Legion and East Highpoint Roads in order to construct approximately three (3) houses.

The application materials and zoning plat were provided.

The property is located at 10835 Legion Road.

In 1984, through Ordinance 84-06, the southwest corner of the property was rezoned to R-1.

In 1987, through Ordinance 87-27, the southwest corner of the property was rezoned back to A-1 and approximately three point three more or less (3.3 +/-) acres, where the current house, is placed was rezoned to R-1.

The total size of the property is approximately fifteen (15) acres.

The existing land use for the proposed rezoned portion of the property is Wooded.

The County’s Land Resource Management Plan calls for the property to be Suburban Residential and Yorkville’s Plan calls for the property to be Estate/Conservation Residential.

East Highpoint Road and Legion Road are Township maintained Minor Collectors. Yorkville has a trail planned along East Highpoint Road.

There are no floodplains or wetlands on the property.

The current land uses of the adjacent properties are Agricultural and Single-Family Residential. The adjacent properties are zoned A-1, A-1 SU, and R-1.

The County’s Future Land Use Map calls for the area to be Suburban Residential (Max 1.0 DU/Acre) and Rural Residential (Max 0.65 DU/Acre). Yorkville’s Future Land Use Map calls for the area to be Estate/Conservation Residential.

The properties within one half (1/2) mile are zoned A-1, A-1 SU, R-1, R-2, R-3, RPD-2, RPD-3, and B-4. The A-1 special use permits to the east are for communication towers.

The A-1 special use permit to the west is for boarding horses.

EcoCAT Report submitted and consultation was terminated.

The application for NRI was submitted on July 19, 2024. The LESA Score was 133 indicating a low level of protection. The NRI Report was provided.

Petition information was sent to Kendall Township on July 30, 2024. The Kendall Township Planning Commission reviewed the proposal at their meeting on September 16, 2024, and the Kendall Township Board reviewed the proposal at their meeting on September 17, 2024. Discussion occurred regarding the number of houses, the number and location of driveway cuts, rights-of-way dedications, and the development of houses without doing a subdivision. The Kendall Township Planning Commission and Kendall Township Board recommended approval of the proposal with the caveats that driveway placements require prior approval by the Kendall Township Highway Commissioner and that right-of way dedications forty feet (40’) in depth from the centerlines of both Legion and East Highpoint Roads occur. An email outlining the Township’s position was provided.

Petition information was sent to the United City of Yorkville on July 30, 2024. The Yorkville Planning and Zoning Commission reviewed the proposal at their meeting on September 11, 2024. The Yorkville Planning and Zoning Commission had no objections to the proposal. The Yorkville City Council reviewed the proposal on September 24, 2024, and expressed no objections to the proposal. An email from Yorkville was provided.

Petition information was sent to the Bristol-Kendall Fire Protection District on July 30, 2024. No comments received.

ZPAC reviewed this proposal at their meeting on August 6, 2024. Discussion occurred about rights-of way dedications since the proposal would not involve a subdivision. The Petitioner’s Attorney was agreeable to submitting a letter dedicating rights-of-way forty feet (40’) in depth from the centerlines of East Highpoint and Legions Roads. ZPAC recommended approval of the 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.

On August 21, 2024, the Petitioner’s Attorney submitted an email requesting this proposal be continued to the September 25, 2024, Kendall County Regional Planning Commission meeting. At their meeting on August 28, 2024, the Kendall County Regional Planning Commission voted to continue this proposal as requested by the Petitioner. The minutes of this meeting were provided.

At their meeting on September 25, 2024, the Kendall County Regional Planning Commission discussed the timing of the right-of-way dedication, the locations of future driveways, and the locations of future homes. It was noted that Maple Lane was a private road and there were seven (7) homes on Maple Lane on approximately three (3) acre sized lots. Discussion occurred regarding Plat Act exemptions for division of properties. Discussion occurred regarding increased tax revenues and an increase in the number of available houses if the proposal was approved. It was also noted that the proposal limits the number of new houses on the property. The Kendall County Regional Planning Commission recommended approval of the 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 Zoning Board of Appeals initiated a public hearing on this proposal on September 3, 2024. The Petition was continued to September 30, 2024, as requested by the Petitioner. The minutes of this hearing were provided.

The Petitioners would like to rezone the property in order to build a maximum of three (3) houses on the rezoned portion of the property. Since the property already has frontage along East Highpoint and Legion Roads, a Plat Act Exemption may be used instead of doing a subdivision.

The site is currently mostly wooded with one (1) single-family home. Any future buildings would have to meet applicable building codes.

The wooded area is not presently served by utilities.

The property fronts East Highpoint and Legion Roads. Kendall Township has permitting authority over access at the property.

No information was provided regarding parking.

Based on the proposed uses, no new odors are foreseen.

Lighting would be for residential purposes and would have to follow applicable ordinances. Landscaping would be for residential uses.

No non-residential signage is planned.

The owners of the property would have to follow applicable noise control regulations based on residential uses.

Stormwater control would be evaluated as part of the building 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 and single-family residential purposes.

The Zoning classification of property within the general area of the property in question. The surrounding properties are zoned agricultural and some form of single-family residential.

The suitability of the property in question for the uses permitted under the existing zoning classification. The property consists of a large wooded area and, due to its size, it is not eligible for residential uses 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. The subject property would generate more in taxes if additional homes were constructed. The map amendment would increase the number of homes for people in the County. The proposed map amendment limits the number of homes that can be constructed on the subject property, if a traditional subdivision is not pursued.

Consistency with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. The subject property is classified as Suburban Residential on the Future Land Use Map and the R-1 Zoning District is consistent with this land classification.

Staff recommended approval of the proposed map amendment.

Chairman Mohr resumed the public hearing at 7:07 p.m.

Dan Kramer, Attorney for the Petitioner stated the reason that Mr. Phillipp would like the maximum of three (3) houses was because he did not know who would purchase the property. With the R-1 classification, the minimum lot size is two point nine-nine (2.99) acres.

Driveways would likely come off of Highpoint Road for each lot or closer to the existing Phillipp house on Legion Road to avoid sight issues with vehicles. Mr. Kramer added that the Petitioner had no right to use Maple Lane; it is a private road. All future access would be off of East Highpoint or Legion Roads. Mr. Kramer said Kendall Township had to approve access permits. The Petitioner had no objections to the requested forty foot (40’) rights-of-way dedications on East Highpoint and Legion Roads; Mr. Kramer would prepare a letter of dedication.

Mr. Kramer explained the land use classifications on the County’s and Yorkville’s Future Land Use Maps. He mentioned that Estate/Conservation District on Yorkville’s map were areas that Yorkville had not studied.

Member Fox asked how to obtain a plat exemption of the subdivision. Mr. Kramer explained the procedure a surveyor or engineer uses including the preparation of a Plat Act Affidavit.

Chairman Mohr requested clarification on the meaning of one of the pictures contained in the Staff Report. Mr. Asselmeier stated that the southwest corner of the property had been zoned R-1 and was rezoned back to A-1 in 1987 when the southeast corner was rezoned to R-1; the pictures attempted to show the zoning history of the property.

Chairman Mohr asked if the Petitioner would be giving up additional land for the right-of-way if Yorkville wanted a bike trail on East Highpoint Road. Mr. Asselmeier stated that map amendments are not allowed to have conditions and Yorkville did not highlight a bike trail when they did their review of the proposal. Mr. Kramer stated that the Petitioner will already be giving forty (40’) feet for public use and a bike trail or other public utilities might be placed inside the right-of-way.

Chairman Mohr adjourned the public hearing at 7:17 p.m.

Member Fox made a motion, seconded by Member LeCuyer, to approve the findings of fact for the map amendment.

The votes were as follows:

Ayes (7): Cherry, Fox, LeCuyer, Mohr, Prodehl, Thompson, and Whitfield

Nays (0): None

Abstain (0): None

Absent (0): None

The motion carried.

Member Whitfield made a motion, seconded by Member Prodehl, to recommend approval of the map amendment and to recommend approval to accept with Kendall Township’s recommendations related to driveway access approvals by the Kendall Township Highway Commissioner and the forty foot (40’) rights-of-way dedications on Highpoint and Legion Roads.

The votes were as follows:

Ayes (7): Cherry, Fox, LeCuyer, Mohr, Prodehl, Thompson, and Whitfield

Nays (0): None

Abstain (0): None

Absent (0): None

The motion carried.

The proposal goes to the Kendall County Planning, Building and Zoning Committee on October 7, 2024.

The Zoning Board of Appeals completed their review of Petition 24-13 at 7:01 p.m.

NEW BUSINESS/OLD BUSINESS

Approval of Fiscal Year 2024-2025 Meeting Calendar

Member Thompson made a motion, seconded by Member Fox, to approve the calendar. With a voice vote of seven (7) ayes, the motion carried.

REVIEW OF PETITIONS THAT WENT TO COUNTY BOARD

Mr. Asselmeier reported that Petitions 24-17 was approved by the County Board. Petition 24-21 will go to the County Board in October. Petition 24-23 was approved by the Village of Millbrook.

PUBLIC COMMENTS

Mr. Asselmeier reported a rezoning request on River Road, a major amendment to the special use permit for a banquet facility at 1998 Johnson Road, and a variance at 6192 Dover Court were on the agenda items for the October meeting.

Mr. Asselmeier was appointed by Speaker Welch to the Illinois Task Force on Interjurisdictional Industrial Zoning Impacts.

ADJOURNMENT OF THE ZONING BOARD OF APPEALS

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

With a voice vote of seven (7) ayes, the motion carried.

The Zoning Board of Appeals meeting adjourned at 7:25 p.m.

https://www.kendallcountyil.gov/home/showpublisheddocument/31522/638658000581163142