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Commission recommends R-5 rezoning for NL Land & Cattle Co.; neighbors raise soil and traffic concerns
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Summary
NL Land & Cattle Co. asked to rezone two parcels from AG to R-5 to allow five-acre equestrian-style lots; the Planning & Zoning Commission unanimously recommended approval but public commenters raised concerns about clay soils, septic-perc issues, traffic and preserving BLM access.
NL Land & Cattle Co., represented by Tom Avant, requested rezoning of two parcels (4-5-9-1A and 4-5-9-2) from Agriculture to Residential Five (R-5) to enable five-acre equestrian-style lots and to discourage vacation rentals. The commission voted unanimously to recommend approval to the County Commissioners.
Tom Avant told the commission that the properties border Bureau of Land Management (BLM) land and are well-suited to horseback riding; he said the BLM road will remain open and that any future subdivision would follow required road and infrastructure improvements. County staff noted clay soils in the area and recommended larger five-acre lots because of soil conditions.
During the public hearing, Ali Route described personal flood and erosion damage they attribute to a nearby prior parcel division and urged caution on further development. Maria VanHart reported marginal percolation (perc) test results for a neighbor and questioned the land’s suitability for septic systems. Nicole Schmuker and Paul Child expressed traffic and road-use concerns related to access expectations on 8 Mile Gap Road and Sunflower Valley Estates; Martin Greenbank asked that an existing BLM access road be preserved. Other speakers expressed conditional support for rural parceling and equestrian uses but emphasized maintenance and safety of local roads.
Commissioner Larry Crutchfield asked why R-5 zoning was proposed; Tom Avant explained that R-5 is the next zone down from agriculture and prevents future lot sizes smaller than five acres, while final lot sizes would be set by site suitability when subdivision engineering is completed. Mason Haycock moved and Lara Clayson seconded a motion to recommend approval to the Kane County Commissioners; the motion passed unanimously.
The commission record notes soil concerns and public-requested protections; final subdivision engineering, road improvements and septic suitability will be determined in later permitting and review steps under Ordinance 2026-03.