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Commission recommends R‑5 rezoning for NL Land & Cattle Co.; neighbors raise flooding, soils and road concerns
Summary
Kane County Planning Commission recommended rezoning two parcels to R‑5 to enable five‑acre equestrian lots. Public commenters raised concerns about clay soils, septic percolation, downstream erosion, and road access; commissioners and staff cited soil constraints in their recommendation.
The Kane County Planning Commission voted Feb. 11 to recommend that County Commissioners approve a zone change for NL Land & Cattle Co LLC, converting two parcels (Parcel #s: 4‑5‑9‑1A & 4‑5‑9‑2; 63.45 and 45.41 acres) from Agriculture (AG) to Residential Five (R‑5). Representatives for the applicant, Tom Avant, said the change would allow five‑acre equestrian‑style lots and discourage vacation rentals.
Staff flagged clay soils in the area and recommended larger lots where appropriate; the applicant agreed that final lot sizes would be based on building suitability and that R‑5 sets a five‑acre minimum. During the public hearing multiple neighbors voiced concerns: Ali Route described alleged personal flood and erosion damage from prior nearby parcel divisions and urged caution; Maria VanHart cited septic percolation issues related to clay soils; Nicole Schmuker and Paul Child raised traffic and road‑use concerns tied to access via Sunflower Valley Estates; Lorraine Christian, an adjacent landowner, emphasized losing rural character and requested larger lot sizes. Martin Greenbank asked that a BLM access road be preserved.
Commissioner Mason Haycock moved to recommend approval; Lara Clayson seconded and the vote was unanimous. The commission record indicates staff will continue to work with the applicant on road and soil suitability as the subdivision is planned and required improvements are identified.
The commission’s recommendation forwards the rezoning request to the County Commissioners, who will consider final action and any required conditions or engineering plans.
