Resolution of the County Board of Kankakee County, Illinois Resolution # 2006-03-14- RE: RESOLUTION AMENDING ZBA Case 06-01; ZONING AMENDMENT TO SECTION 11.12 & 11.13 WHEREAS, Kankakee County has the authority to adopt zoning regulations pursuant to Chapter 55ILCS 5/5-12001, of the Illinois Compiled Statutes; and, WHEREAS, The County Board adopted a Zoning Ordinance on May 14, 1996, pursuant to said Statute; and, WHEREAS, the Planning Department recommended changes and updating to the County Zoning Code and the matter was referred to the Kankakee County Zoning Board of Appeals (ZBA), said matter being designated ZBA Case #06-01; and, WHEREAS, the Zoning Board of Appeals, under the authority of 55 ILCS 5/5-12014(b), duly noticed public hearings on proposed text amendments to the Kankakee County Zoning Ordinance, with said public hearing being held on January 23, 2006 at the County Administration Building, and from the testimony and evidence presented made findings as described in Exhibit A, a copy of which is attached herein and made a part hereof, and made recommendation that said request be approved; and, WHEREAS, the Planning, Zoning, and Agriculture Committee, at its regularly scheduled and duly noticed meeting of February 28, 2006, having reviewed, discussed and considered the matter, concurred with the approval of the request and adopted said findings and recommendation of the Zoning Board of Appeals, Exhibit A, and; WHEREAS, this County Board at this regularly scheduled meeting of March 14, 2006 has now reviewed, discussed, and considered the said findings of the Zoning Board of Appeals and said committee minutes of the PZA Committee, and now finds that the conclusions expressed therein are both reasonable and rationally supported by the evidence that had been presented and the zoning amendments will not be detrimental to the public health, safety, and economic and general welfare. NOW, THEREFORE, be it resolved by the Kankakee County Board, State of Illinois as follows: 1. The findings of the Zoning Board of Appeals, Exhibit A, are hereby approved, confirmed, ratified, and adopted and the conclusions of the Planning, Zoning and Agriculture Committee based upon those findings are rational and in the public interest.
2. The findings, conclusions and recommendation expressed in the minutes of the Planning, Zoning, and Agriculture Committee meeting of February 28, 2006, are also supported by the record and are in the public interest and are also approved, confirmed, ratified and adopted. 3. Proposed amendments: Deletions: Sections 11.12.A.3 (Permitted Uses): (Automobile-wrecking yards and junk yards, providing they are contained within completely enclosed buildings or screened by a solid wall or attractive solid fence at least twelve (12) feet high), and 11.12.A.6 (Permitted Uses): (Scrap processing facility on a site of not less than ten (10) acres in area. The facility must be screened by an attractive solid fence at least twelve (12) feet in height along the perimeter of the site). Additions: Sections 11.13.7 (Special Uses): (Automobile-wrecking yards and junk yards, providing they are contained within completely enclosed buildings or screened by a solid wall or attractive solid fence at least twelve (12) feet high), and 11.13.8 (Special Uses): (Scrap processing facility on a site of not less than ten (10) acres in area. The facility must be screened by an attractive solid fence at least twelve (12) feet in height along the perimeter of the site). 4. That said resolution be in full force and effect upon its passage in accordance with law and that any ordinance sections which are inconsistent with said amendments are hereby revoked in as much as they are inconsistent. PASSED and adopted this 14 th day of March 2006. Karl Kruse, County Board Chairman ATTEST: Bruce Clark, County Clerk
Kankakee County Zoning Board of Appeals EXHIBIT A (ZBA Case 06-01) Mr. Andrew Pristach, Chairman 189 East Court Street Kankakee, IL 60901 (815) 937-2940 FINDINGS OF FACT AND RECOMMENDATION OF THE KANKAKEE COUNTY ZONING BOARD OF APPEALS This is the findings of fact and the recommendation of the Kankakee County Zoning Board of Appeals concerning an application of Kankakee County in ZBA Case No. 06-01. The applicant is requesting a text amendment to the Zoning Ordinance to change Section 11.12 I-2 Industrial District. The County is asking that Subsections 11.12.A.3 and 11.12.A.6 be moved from Subsection 11.12.A Permitted Uses to Subsection 11.13 Special Uses. After due notice required by law, the Zoning Board of Appeals held a public hearing on this case on January 23, 2006 in the County Board Room, 4 th Floor, Kankakee County Administration Building, Kankakee, Illinois, and hereby report their findings of fact and their recommendation as follows: Site Information: See Staff Report (attached herewith). Public Comments: There were no public comments and no objectors were present. See Transcript of Hearing (attached herewith). Analysis of Ten Standards: After considering all the evidence and testimony presented at the public hearing, the Board makes the following analysis of the ten (10) standards listed in Section 17.03.E3 (Standards for Map and Text Amendments) of the Kankakee County Zoning Ordinance that must all be found in the affirmative prior to recommending granting of the petition. 1. That the proposed text amendment is consistent with the purpose and intent of the Zoning Ordinance. The Board finds that this text amendment is consistent with the purpose and intent of the Zoning Ordinance as it will preserve and protect the public s health, safety, and comfort, morals, and general welfare by promoting harmonious land use patterns. The Board also finds that granting this request will also secure adequate light, pure air, and safety from fire and other dangers. Furthermore this amendment will conserve the value of land, buildings, and structures throughout the County by protecting incompatible land uses from interfering with one another and because of the intensity of these types of uses the granting of this request will allow additional governmental oversight and special considerations to ensure compatibility with surrounding properties. 2. That the proposed text amendment is consistent with the goals, objectives, and policies of the County Comprehensive Plan. The Board finds that this proposed text amendment is consistent with the following Goals and Objectives of the Comprehensive Plan:
Page 3-26 The Land Use Plan GOAL 1: Objectives: Provide locations for adequate urban development in Kankakee County while minimizing impacts to natural resources (prime agricultural soils, forests, and riparian areas) and maximizing available public services (roads, sewer, water, and police and fire protection). These amendments will 1.3) Support agricultural conservation including limiting nonagricultural development to densities and development patterns that are consistent with the continuation of agriculture. Page 5-9 Natural Resources, Open Space, & Recreation Plan GOAL 2: Objectives: Safeguard Kankakee County s environmental features and natural resources as distinguishing features of the community These amendments will 2.5) Coordinate land use designations with soil and topographic characteristics, the protection of historical and natural resources, existing land uses, and the availability of public facilities. In addition to the Goals and Objectives listed above the Board also finds that this amendment is consistent with the Comprehensive Plan by allowing communication between the County and its municipalities. 3. Explain how and if all required utilities, drainage, access to public rights-of-way, recreational facilities, educational facilities, and public safety facilities have been or will be provided, and possess adequate capacity or manpower. The Board finds that this finding does not apply to the proposed text amendment. 4. That the proposed rezoning is compatible with the existing uses of property and the zoning classification of property within the general area. The Board finds that this finding does not apply to the proposed text amendment. 5. That the permitted uses in the zoning classification being requested will not substantially increase the level of congestion on public rights-of-way. The Board finds that this finding does not apply to the proposed text amendment. 6. That the subject property is suitable for the permitted uses under the existing zoning classification. The Board finds that this finding does not apply to the proposed text amendment.
7. That the subject property is suitable for the permitted uses under the proposed zoning classification. The Board finds that this finding does not apply to the proposed text amendment. 8. What is the trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification? The Board finds that this finding does not apply to the proposed text amendment. 9. Is the proposed rezoning/amendment outside one and a half miles of a municipality? The Board finds that this finding does not apply to the proposed text amendment. 10. Does the LESA report reflect the suitability of the site for the proposed amendment requested and uses allowed therein? The Board finds that this finding does not apply to the proposed amendment. Recommendation: We find that the proposed text amendment requested meets all the standards for recommending granting as found in Section 17.03.E3 of the Kankakee County Zoning Ordinance and that such request is in the public interest. Therefore, the Zoning Board of Appeals hereby recommends that the text amendment described above be approved. Roll Call Vote: The roll call vote was seven (7) members for the motion to recommend granting, zero (0) opposed. Respectfully submitted this 23 th day of January, 2006 by the Kankakee County Zoning Board of Appeals. Andrew Pristach, Chairman Aye Rich Howell Aye Ralph Tribbey Aye Glenn Henning Aye Don St. Germaine Aye Robert Morrical Aye John Fetherling - Aye