Committee approves minor site-plan variation for Weiss Commercial LLC with fee-in-lieu arrangement

Kane County’s Development Committee voted Aug. 19 to approve a minor variation for a Weiss Commercial LLC property at the northwest intersection of Peck Road and Kesselinger Road that will add parking area and permit payment of a fee in lieu of constructing a detention facility. Mark Van Kerkhoff, building-and-zoning director, said the modification involves clarifying the original special-use conditions and using the county’s minor-variation process to allow a fee-in-lieu for stormwater detention. “A clarification in terms of, paying the fee in lieu of in 2 of in lieu of detention,” Van Kerkhoff said when introducing the item. When asked how much the fee would be, staff called Anne Wilford from the audience. Wilford said the engineer’s opinion of cost indicated the fee “is gonna be probably about $6,000,” accounting for management practices and the difference between provided measures and the fee-in-lieu calculation. Van Kerkhoff reminded the committee that the stormwater ordinance requires tests before permitting a fee in lieu. He said the ordinance permits fee-in-lieu only when post-development peak flows are at or below current off-site flows and when alternative on-site measures are included; he cited the nearby Nitecore example, where a bermed area was required so water backs up on the property and meters out. Committee members asked about downstream impacts and staff said the ordinance’s requirements are intended to prevent increased flows from harming downstream properties. A motion to approve the minor-variation request was moved by Dr. Rick Ball and seconded by Ms. Garcia. The roll call vote in the virtual/in-person meeting recorded five yes votes and no recorded nos, and the variation was approved. Staff said all original conditions from the specially used zoning remain in effect.