Kankakee Times

Kankakee County Planning, Zoning and Agriculture Committee met Oct. 20.

Here are the minutes provided by the committee:

The meeting of the Kankakee County Planning, Zoning & Agriculture Committee was called to order by Committee Chairman, Mr. Fetherling at 9:00am. The following members were present:

Mr. Fetherling, Mr. Miller, Mr. Payton, Ms. Peters, Mr. Snipes, Mr. Fairfield, Mr. Dunnill, Mr. Ekhoff, Mr. Swanson, Mr. Kerkstra, Ms. Bryan, Ms. Hudson, Mr. Gowler, Mr. Wheeler

Members Absent – Mr. Tholen, Mr. Collins, Mr. Alexander-Hildebrand, Mr. Sirois Quorum – Present

Department Heads Present – Theresa Goudie, Ben Wilson, Delbert Skimerhorn, Anita Speckman

Media Present – Present

Public Commentary – Attorney, Brian Scott spoke regarding ZBA Case 21-09

Minutes of the Last Meeting

The minutes of September 22, 2021 were submitted to the committee for approval.

Ms. Peters made a motion to approve and Ms. Bryan seconded the motion. Motion passed with a voice vote.

Building

Building Report

There was no report for this month

Zoning

• ZBA Case#21-07; request for a Variance to Section 121-99 (Lot Width) on a parcel generally situated in Section 14 of Limestone Township on a parcel generally situated in Section 14 of Limestone Township. The petitioners are Vernon G, Jr. & Jacqueline Osenga, property owners and Larry A. Osenga, applicant.

Mr. Skimerhorn reviewed the request with the committee, advising that the ZBA recommended approval of 4-0

Discussions were held.

Mr. Skimerhorn advised this would be a recorded easement.

Mr. Ekhoff made a motion to approve, and Mr. Kerkstra seconded it. Motion carried with a voice vote.

• ZBA Case#21-08; request for a Variances to Section 121-286 (Access to Roads), 121- 100.c (Lot Size), and 121-100.d (Lot Width) on a parcel generally situated in Section 33 of Rockville Township. The petitioners are Greg Osenga & Michele Osenga, property owners and applicants.

Mr. Skimerhorn reviewed the request with the committee, advising that the ZBA recommended approval of 4-0

Discussions were held.

Mr. Gowler made a motion to approve, and Mr. Payton seconded it. Motion carried with a voice vote.

• ZBA Case#21-09; request for a Special Use Permit #13c in the R1-Single Family Residential District (Single Family Home) on a parcel generally situated in Section 27 of Limestone Township. The petitioners are Leonard & Linda Szplett, property owners and applicants.

Mr. Skimerhorn reviewed the request with the committee, advising that the ZBA recommended approval of 4-0

There were no questions from the committee.

Mr. Ekhoff made a motion to approve, and Ms. Peters seconded it. Motion carried with a voice vote.

• ZBA Case#21-10; request for a Text Amendment to County Code Section 121-99 & 121-209 (Proposed Changes to Cannabis Dispensing Facility Requirements). The petitioner is Kankakee County, applicant.

Mr. Skimerhorn reviewed the request with the committee, advising that the ZBA recommended approval of 4-0.

Mr. Kerkstra made a motion to approve, and Mr. Gowler seconded it.

Mr. Skimerhorn advised that there have been a few requests for a dispensary in unincorporated Kankakee County and the ordinance is so restrictive, there are almost zero places possible.

Mr. Skimerhorn reviewed the changes that have been recommended.

Ms. Bryan commented about the distance required for schools and churches and voiced concerns of shortening the setback.

Ms. Peters asked how many people have inquired. Mr. Skimerhorn advised two or three.

Mr. Fairfield asked who determines extraordinary circumstances. Mr. Skimerhorn advised it is the Planning Director and the Chairman of the county board.

Mr. Snipes questioned the growing of it versus the dispensing of the product and had concerns of policing the area were dispensaries are located. For that reason, Mr. Snipes stated he will vote no.

Mr. Skimerhorn stated that this is a language change and would still come before the board for a special use permit.

Ms. Bryan stated that she would like to see a Blue Law, where if church is in session, there could not be any sales during that time. Ms. Bryan made a motion to send back to ZBA to restrict during church hours.

Discussions were held regarding the special use permit that would be required for each case that was applied for and conditions that could be placed on each application.

Mr. Wheeler stated that if Ms. Bryan wishes to make a motion to send it back to ZBA, she could certainly do that. Mr. Wheeler also stated that many dispensaries have state regulated conditions. Mr. Skimerhorn advised that we could place further restrictions on applications, but cannot lighten the restrictions.

Mr. Snipes agreed with concerns of Ms. Bryan and seconded the motion. Discussions were held regarding the process of sending back to ZBA.

Mr. Swanson stated that he disagrees with the limitations being placed in the ordinance.

Discussions were further held regarding the procedure and Mr. Wheeler advised that with a motion and a second on the floor, it would be needed to amend the motion.

Ms. Goudie was available and commented that the first motion needs to be dealt with first, unless the person who made the motion would like to withdraw it.

Mr. Snipes requested a roll call and asked for clarification on what is being voted on. Mr. Fetherling advised that this is for the original motion to approve the text amendment.

Motion carried with a roll call vote of 9 ayes and 4 nays. Voting aye were: Mr. Fetherling, Mr. Payton, Mr. Fairfield, Mr. Swanson, Mr. Dunnill, Mr. Ekhoff, Mr. Kerkstra, Mr. Gowler and Mr. Wheeler. Voting nay were: Ms. Peters, Mr. Snipes, Ms. Bryan and Ms. Hudson

The committee agreed that every application will come back to committee and guidelines could be added at that time. This would be dealt with on a one on one basis. Discussions were held.

• Repeal of Agritourism Ordinance

Mr. Skimerhorn reviewed the reasoning for repealing the Agritourism Ordinance due to state legislature. Mr. Skimerhorn recommended to repeal the ordinance until it is learned what can be done.

Discussions were held.

Mr. Dunnill made a motion to repeal on December 31, 2021, and Ms. Peters seconded it. Motion carried with a voice vote. Voting nay: Mr. Snipes

Transportation

Appointment of Benjamin Wilson to PCOM

Mr. Wilson stated that this is a Program Compliance Office Monitor that was suggested by IDOT to have named.

There were no questions from the committee.

Mr. Fairfield made a motion to approve, and Mr. Kerkstra seconded it. Motion carried with a voice vote.

Old Business

Mr. Swanson asked how many makes a quorum for ZBA. Mr. Skimerhorn stated that 4 makes a quorum and 4 must agree. There is one opening currently.

Anyone from the townships can apply except for those from Manteno, Sumner, Limestone, Pilot or St. Anne due to them already having representation.

New Business

• One opening on Zoning Board of Appeals

• Eight Openings of Kankakee County Regional Planning Commission

• Three openings on Kankakee County Historic Preservation Commission Mr. Fetherling read the openings to the committee.

Adjournment

Ms. Peters made the motion to adjourn the meeting at 9:46 a.m. Ms. Hudson seconded the motion. Motion carried by a voice vote.

https://www.k3county.net/files/committees/minutes_pza_102021.pdf