Kane County Development Committee met May 16.
Here are the minutes provided by the committee:
1. Call To Order
Chairman Ford called the meeting to order at 10:01 AM.
PRESENT Board Member Ron Ford
Board Member Rick Williams
Board Member Dale Berman
Board Member Mo Iqbal
Board Member Michael Kenyon
Board Member Michael Linder
Ex-Officio (Transportation Chairman) Mark Davoust
Ex-Officio (Forest Preserve President) Chris Kious
Ex-Officio County Board Vice Chair Vern Tepe
REMOTE Board Member Gary Daugherty
ABSENT Ex-Officio County Board Chair Corinne M. Pierog
Also present: Co. Bd. members Allan*, Gumz*, Juby*, Molina*, Strathmann*, Roth; Dev. Dir. VanKerkhoff & staff Mall, Orlik, Berkhout*; KDOT staff Forbes, Nika, Rickert; Environ & Water Res. Dir. Wollnik; OCR Dir. Berger*; ITD staff Cash, Peters*; and members of the press and public.
2. Roll Call
3. Approval of Minutes April 18, 2023 and April 26, 2023
The Committee unanimously approved the Development Committee meeting minutes from April 18, 2023 and April 26, 2023.
RESULT: APPROVED BY UNANIMOUS CONSENT
MOVER: Michael Kenyon
4. Monthly Financials
A. Monthly Finance Reports
Chairman Ford stated the monthly financial reports were attached. No additional report was made.
5. Public Comment
Carol Green-Clulow, 24-year resident of Linden Oaks Subdivision, has asked the Committee to vote against the ordinance amendment that would allow 24/7 gravel mining operations. She spoke on the location of the subdivision from the LaFarge
Aggregates. Prior to their expansion, residents of Linden Oaks Subdivision, have heard loud noises coming from LaFarge's operations late into the evening. Due to an agreement made with LaFarge and neighbors, LaFarge vowed to limit their late night operations. However, they have violated this agreement. If the amendments are made to the County ordinance, LaFarge will increase their noise and truck traffic. Green-Clulow stated that residents have not been able to make a left turn into the Linden Oaks Subdivision for five years. There are approximately 93 residential homes in Linden Oaks. With these proposed changes, property values will be impacted. She pleaded with the Committee to vote against these amendments. Lastly, she mentioned that the Zoning Board had voted against these amendments to the County ordinance.
Jean Meyer, Elgin, IL, stated she owns properties that share property lines with the proposed marijuana infusion business off of Highland Avenue. She described the location of each of her properties. According to Kane County, a business such as this must have a minimum of a 250 feet setback. Meyer explained that there are numerous residential properties that fall within that setback. She wanted the Committee to be aware of where the country, state and county are going, pertaining to the marijuana laws. She stated that her goal is to have every citizen with their full mental capacity at all times. She spoke on the proximity of the cannabis business to the residential complex. She shared a map depicting a highly residential area that would surround this proposed business. She presented Exhibit A and B that depicted the location of the proposed cannabis infusion factory versus the residential areas. There have been multiple objections made by the surrounding neighbors. She would like the Committee to vote against this petition to protect the multiple properties that surround this location.
Cindy Steele addressed Petition 4598. She explained that the property owner of 1361 Pearl Street, Montgomery, knew that this area was residential when they acquired the property. Steele voiced her opposition on the proposed landscaping business. She mentioned the increased truck traffic and the safety of children.
Michael McMahon, Plato Township, addressed Petition 4606. He stated the there was a letter sent by Plato Township where all Board Members agreed to oppose this variance. He explained that there was no reason provided by the Kane County Zoning Board for their recommendation of a variance. Referencing the Kane County Code, McMahon quoted, "No variations shall be made unless the Zoning Board of Appeals finds there are particular difficulties on the property." However the property in question does not have any difficulties. This property has been rented to numerous businesses. Furthermore, the code states it will not impair public health, safety, comfort, morals, and general welfare. McMahon acknowledged the Zoning Board of Appeals meeting. He stated that citizens would like their elected officials to protect them and hold true to the Kane County Code. Bottom line, there are no hardships on this property. The majority of neighbors are uncomfortable with this, and this would negatively impact property values. Lastly, he spoke on the tracking of marijuana for this establishment.
KC County Development Committee Meeting Minutes May 16, 2023 Multiple surrounding neighbors have voiced their opposition on this special use petition.
All other speakers were held until the discussion of the three resolutions took place.
6. Building & Zoning Division
A. Building & Zoning Report
Dev. Dir. VanKerkhoff stated on the monthly report was on file. He stated that with the good weather, the department has stayed busy. He explained that at today's meeting, the Committee will be hearing the first Property Code Enforcement report. (Davoust left at 10:26 a.m.)
B. Amendment to the Kane County Code, Chapter 25, Zoning Ordinance Regarding Restrictions and Regulations Governing Mining of Topsoil, Earth, Clay, Gravel, Peat, Sand and Stone in the Unincorporated Areas of Kane County
Dev. Dir. VanKerkhoff introduced the amendments for the Zoning Ordinance. He shared the revised text of this ordinance, which includes a 24/7 operation clause. In the past, these types of operations were only allowed through an Emergency Declaration, which has been used from time to time, including most extensively during COVID-19 pandemic. At the Zoning Board Hearing, the Board heard testimony from neighbors that were concerned with the LaFarge site. At this meeting, the Zoning Board of Appeals voted unanimously to not allow these amendments to be adopted by the Kane County Board. VanKerkhoff mentioned the several reasons for their recommendation, including the impacts on residents and increased traffic. VanKerkhoff addressed questions and comments from the Committee. Much discussion ensued.
County Board
RESULT: MOVED FORWARD BY ROLL CALL VOTE
TO: County Board
MOVER: Chris Kious
SECONDER: Mo Iqbal
AYE: Ron Ford, Rick Williams, Dale Berman, Gary Daugherty, Mo Iqbal, Michael Kenyon, and Chris Kious
NAY: Michael Linder
ABSENT: Mark Davoust, and Corinne M. Pierog
C. Zoning Petitions
1. Petition # 4598 Petitioner: Laura Lopez
Dev. Dir. VanKerkhoff re-introduced this petition. This petition was tabled at last month's Development Committee meeting. The main issue that came about at that meeting was the access point onto Montgomery Road. Kane County Department of Transportation (KDOT) was tasked with researching the possibility of a right-in/right-out access point. KDOT staff Nika shared the Montgomery Road Access Concept. He highlighted KDOT's review of the site and Montgomery Road. The regulations call for right-in/right-outs to be designed within 300 feet of other intersections. This access point does not allow for this. Nika shared KDOT's concerns with introducing the barrier concept on
Montgomery Road. He stated that KDOT staff would not support this access point. Staff addressed questions and comments from the Committee. Discussion ensued.
Petitioner Felipe Lopez provided his personal history with this property.
The motion failed by roll call vote by the Development Committee. VanKerkhoff explained that this petition would move forward to the full County Board meeting on June 13, 2023, for a two-third's vote.
County Board
RESULT: MOVED FORWARD BY FAILED ROLL CALL VOTE
TO: County Board
MOVER: Rick Williams
SECONDER: Chris Kious
NAY: Ron Ford, Rick Williams, Dale Berman, Gary Daugherty, Mo Iqbal, Michael Kenyon, Michael Linder, and Chris Kious
ABSENT: Mark Davoust, and Corinne M. Pierog
2. Petition # 4607 Petitioner: Rosalie Ward Trust (Sunvest Solar)
Dev. Dir. VanKerkhoff introduced this petition. He provided the 2040 Land Use map. The parcel is located in the Resource Management sector of the map. VanKerkhoff shared numerous aerial photos of the location. The landowner also owns the home across the street from the site. He shared the 40-acre Solar Project Plan. He listed Kane County staff's and Zoning Board of Appeals' recommendations. Environ. & Water Res. Dir. Wollnik explained that the solar panel field is in a possible flood zone and would need to be evaluated before the project could begin. Staff addressed questions and comments from the Committee.
Sunvest Solar Representative, Bill French, addressed questions of possible shielding buffers for surrounding neighbors from the solar panels. Discussion ensued.
County Board
RESULT: MOVED FORWARD BY ROLL CALL VOTE
TO: County Board
MOVER: Chris Kious
SECONDER: Gary Daugherty
AYE: Ron Ford, Rick Williams, Dale Berman, Gary Daugherty, Mo Iqbal, Michael Kenyon, Michael Linder, and Chris Kious
ABSENT: Mark Davoust, and Corinne M. Pierog
3. Petition # 4606 Petitioner: Malo Holdings, LLC (High Haven Extract, LLC)
Dev. Dir. VanKerkhoff introduced this petition. This petition is requesting special use in the I-Industry District for a cannabis infusion business with a variance for a zero foot setback. VanKerkhoff reviewed the standards for granting variances and the six factors for granting a Special Use per the Kane County Zoning Ordinance. He shared numerous maps and photographs depicting the location of this parcel. He provided the proposed floor plan of the cannabis infusion business. When the County Board amended the zoning regulations to allow adult use cannabis businesses, part of the amendments included established setbacks. These setbacks were set by the State of Illinois for medical cannabis businesses. VanKerkhoff addressed the 250 feet setback. If the setback was enforced, this business would encroach on residential properties. He highlighted Kane County staff's recommendations. The Zoning Board of Appeals voted to approve the variance, along with the Special Use request. VanKerkhoff addressed questions and comments from the Committee. Discussion ensued.
This petition failed by a 3-5 roll call vote. This petition will move forward to the County Board meeting on June 13, 2023 for a two-thirds vote.
RESULT: MOVED FORWARD BY FAILED ROLL CALL VOTE
TO: County Board
MOVER: Dale Berman
SECONDER: Mo Iqbal
AYE: Ron Ford, Dale Berman, and Mo Iqbal
NAY: Rick Williams, Gary Daugherty, Michael Kenyon, Michael Linder, and Chris Kious
ABSENT: Mark Davoust, and Corinne M. Pierog
7. Property Code Enforcement Division
A. Monthly Report
Property Code Enforcement Officer Mall stated the monthly report was on file. To date, the unit has opened 40 cases and resolved 23 without adjudication. Mall intends to expand this report every month. Currently, the unit is seeking administration staff. Mall reviewed numerous activities that they participated in. He noted that each case sent to their unit should be responded to within 24 hours.
8. Planning & Special Projects
A. Monthly Report
Dev. Dir. VanKerkhoff stated that the monthly Planning and Special Projects Report was on file. No additional report was made.
9. Subdivision
A. Burr Hill Club Lots 33-34 Adjustment
(Daugherty left Zoom at 11:21 a.m.) Water Res. staff Orlik introduced the Burr Hill Club, Lots 33-34 Adjustment. This adjustment would entail the consolidation of two residential lots at 38W423 Fairway Drive. The requestor is seeking approval for a plat of consolidation, abrogation of utility easements, and granting of drainage easements. Orlik provided numerous photographs depicting the location of these lots. In order for the property owner to be granted this adjustment, he must vacate some easements. The owner mentioned that he would be dedicating some drainage easements at the rear of the parcel where an existing drainage depression area exists. Orlik stated that staff has recommended approval for this minor setback. Orlik addressed questions and comments from the Committee.
RESULT: APPROVED BY ROLL CALL VOTE
MOVER: Rick Williams
SECONDER: Michael Linder
AYE: Ron Ford, Rick Williams, Dale Berman, Gary Daugherty, Mo Iqbal, Michael Kenyon, Michael Linder, and Chris Kious
ABSENT: Mark Davoust, and Corinne M. Pierog
B. Burr Hill Club - Hawk Golf Course Clubhouse Adjustment
Dev. staff Orlik introduced the Burr Hill Club, Hawk Golf Course Clubhouse Adjustment at 38W325 Clubhouse Drive. The requestor is seeking an approval for a solid wall tent with year round usage, extend operating hours to 8:00 a.m. to 11 p.m., and the ability to have music/sound system. Orlik provided aerial maps of the parcel. She spoke on the water drainage from this parcel. She provided several example photos of the potential tent. She reviewed the finding of facts from May of 2004 for this establishment. She listed the numerous requests from the owner of this parcel. This proposed change does not decrease open space, gross density, and there is no impact to the public health, safety, or general welfare. To date, the Plat Officer has received five oppositions to the notification.
Environ. & Water Res. Dir. Wollnik read aloud one of the opposition letters received for the record.
The parcel's owner stated that the glass tent would be doubled panel to shield the noise. He also suggested to construct a noise barrier to shield the noise. He listed the numerous additions done to the clubhouse in the past that were approved by the neighborhood. The owner would be willing to construct a noise barrier to shield more noise. He listed the numerous additions to the clubhouse that have improved the neighborhood. The owner addressed questions and comments from the Committee. Discussion ensued.
RESULT: APPROVED BY ROLL CALL VOTE
MOVER: Mo Iqbal
SECONDER: Michael Kenyon
AYE: Ron Ford, Rick Williams, Dale Berman, Gary Daugherty, Mo Iqbal, Michael Kenyon, Michael Linder, and Chris Kious
ABSENT: Mark Davoust, and Corinne M. Pierog
10. Environmental Resources
None.
11. Water Resources
None.
12. Office of Community Reinvestment
None.
13. New Business
None.
14. Reports Placed On File
15. Executive Session (if needed)
None.
16. Adjournment
RESULT: APPROVED BY UNANIMOUS CONSENT
MOVER: Chris Kious
RESULT: APPROVED BY VOICE VOTE
MOVER: Michael Kenyon
SECONDER: Dale Berman
This meeting was adjourned at 11:44 AM.
https://www.countyofkane.org/MeetingMinutes/6632/23-05-16.pdf
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