Agenda & Packet

There will be a special meeting of the Building, Planning, and Zoning Committee at Village Hall, 419 Richmond Road; Kenilworth, IL. The public may attend in person or by utilizing the following link: TEAMS MEETING LINK If you do not have access to a computer, you may attend via telephone: +1 872-242-8055 Meeting ID: 972 869 373# Building, Planning, and Zoning Committee Special Meeting Agenda July 6, 2026 at 1:30 p.m. I. Call to Order / Roll Call II. Approval of Minutes A. Building, Planning and Zoning Committee - March 23, 2023 B. Building, Planning and Zoning Committee - November 15, 2024 III. Scheduled Business A. Consideration of Proposed Amendments to Chapter 150 of the Kenilworth Code of Ordinances Concerning Drainage and Grading Regulations IV. Business from the Public V. Adjourn Village of The Village of Kenilworth is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting or who have questions regarding the accessibility of the meeting or the facilities are requested to contact Village Staff at 847-251-1666 promptly to allow the Village to make reasonable accommodations for those persons. 1 VILLAGE OF KENILWORTH, IL Building, Planning and Zoning Committee Special Meeting Minutes March 3, 2023 CALL TO ORDER The special meeting of the Building, Planning and Zoning Committee of the Village of Kenilworth in the Kenilworth Village Hall, Kenilworth, Illinois was held at 6:30 p.m. on March 23, 2023. Chair Winslow called the meeting to order at 6:33 p.m. Attendance was as follows: Trustees Present: Alison Winslow Chair Amy Hannus Member Christopher Ottsen Member Trustees Absent: None A quorum was present. Other Recorded as in Attendance: Village Officials and Staff: Heather McFarland Assistant to the Village Manager Patrick Brennan Village Manager Greg Jones Village Attorney Others: Chip Hackley Applicant, Project Architect Steve Brown Applicant, Project Architect Vicki Thompson Remote Agenda Item II. APPROVAL OF THE MINUTES The Minutes of the Building, Planning and Zoning Committee Meeting of November 4, 2021 were placed before the members. 2 Village of Kenilworth Building, Planning & Zoning Committee 2 March 23, 2023 Trustee Hannus made a motion to approve the November 4, 2021 Building, Planning and Zoning Committee Meeting Minutes, and Trustee Ottsen seconded the motion. A roll call vote was taken and the November 4, 2021 Building, Planning and Zoning Committee Meeting Minutes were approved. Agenda Item III.1. CONSIDERATION OF AN APPEAL TO THE CODE OFFICIAL’S DECISION CONCERNING CHAPTER 154 OF THE VILLAGE CODE AS IT RELATES TO PROPOSED WORK IN THE STEEP SLOPE ZONE AT 37 KENILWORTH AVENUE Chair Winslow gave an overview of the appeal process for the request. Chair Winslow explained that the Village Board directed the Building, Planning, and Zoning Committee to consider the appeal. Chair Winslow reviewed the appeal standards outlined in the staff report, which she shared were developed in 2015 in concert with staff, legal counsel, residents and consultants. Village Attorney Greg Jones swore-in those wishing to speak on the request. Applicant, Chip Hackley, began with an overview of his appeal request. Mr. Hackley explained that 37 Kenilworth Ave was the third home built in the Village and is still in good condition. His intent on the proposed project is to preserve the home for another century and beyond. He shared that the home’s detached garage is very old. He added that the owners could consider building an attached garage in line with the Village’s code, however, they prefer to maintain the integrity of the house. Mr. Hackley stated that the detached garage is in violation of the Steep Slope ordinance. To build it in line with the ordinance, the garage would have to remain on the existing foundation. He explained that this is not possible. Mr. Hackley further explained that they would need to excavate in the ravine and would anchor the building due to erosion. He added that at this time, the owner is not pursuing the request for the boathouse and stairs, and the tunnel would be contingent on approval of the garage. Trustee Ottsen asked if it was possible to build within the existing footprint. Mr. Hackley responded that it was, but they would still need to redo the foundation. Trustee Ottsen asked if there were different foundation styles they could use, such as micropiles. Village Manager Patrick Brennan stated that the Code allow for foundation repair and that a geotechnical engineer may be able to provide less intense options. Co-applicant and architect, Steve Brown, shared that the garage is on failing soil. A geotechnical engineer, Mr. Brown explained, would have to go below for bearings, and that shoring the house in the exact location would be economically burdensome. Trustee Ottsen countered that moving the house north would not be protecting the slope. Chair Winslow asked if the proposed addition and garage could be relocated. Mr. Hackley replied that it is not what should be done to the house. Chair Winslow stated that the regulations are intended to limit development to protect the slope. Trustee Hannus asked how far the garage was into the steep slope. Mr. Brennan responded that it was 10’ from the slope line. Trustee Ottsen asked if trees on the ravine were providing support, and if they would have an impact. Mr. Hackley relayed that their removal is in response to their condition. Chair Winslow countered that homeowners have been advised not to take out trees, even towards the top of the bluff. 3 Village of Kenilworth Building, Planning & Zoning Committee 3 March 23, 2023 Chair Winslow stated that it was difficult to assess the request without having an engineering background, but she felt that there were alternatives. Chair Winslow suggested that the applicant could return with alternatives before the group decided. Mr. Hackley responded that it sounded like the group wanted an attached garage. Trustee Ottsen asked Mr. Jones for guidance on the appeal. Mr. Jones stated that the trustees should take the facts and testimony into consideration and apply them to the standards mentioned in the staff report. Chair Winslow asked how the request benefited the Village. Mr. Brennan stated that the group could consider the building character if there were no other way to complete the project and maintain the character. Chair Winslow responded that they were weighing the preservation of the steep slope against the character of the detached garage. Trustee Hannus asked to hear more about repairing the existing building or relocating it. Mr. Hackley stated that he needed to consult with the owners. Trustee Ottsen noted that the standards for appeal are limited and that the request does not pass the test considering the alternatives available. Trustee Ottsen stated that the benefit to the Village is to protect the slope. Mr. Brennan and Jones both shared that the standards are stringent. Chair Winslow offered that she believed there was some flexibility in balancing the benefit of building character relative to slope preservation. Trustee Hannus stated that she has not heard a huge burden on the homeowners. Mr. Brennan asked if the applicant could bring additional information. Mr. Jones replied that the BPZ could continue the request. Trustee Ottsen made a motion to continue the discussion, at the applicant’s request, to a date to be determined. Trustee Hannus seconded the motion. A roll call vote was taken and the motion was approved. Agenda Item IV. BUSINESS FROM THE PUBLIC None Agenda Item V. ADJOURN Trustee Ottsen made a motion to adjourn and Trustee Hannus seconded the motion, and following roll call vote, the meeting was adjourned with a unanimous vote at 8:51 p.m. Respectfully Submitted, Heather McFarland Assistant to the Village Manager 4 VILLAGE OF KENILWORTH, IL Building, Planning and Zoning Committee Special Meeting Minutes November 15, 2024 CALL TO ORDER The special meeting of the Building, Planning and Zoning Committee of the Village of Kenilworth in the Kenilworth Village Hall, Kenilworth, Illinois was held at 8:30 a.m. on November 15, 2024. Chair Hannus called the meeting to order at 8:30 a.m. Attendance was as follows: Trustees Present: Amy Hannus Chair Christopher Ottsen Member Matthew Lojkovic Member Trustees Absent: None A quorum was present. Other Recorded as in Attendance: Village Officials and Staff: Heather McFarland Assistant to the Village Manager Katarzyna Thake Village Manager Jordan Schmidt Management Analyst John Ripka Fire Chief Others: Don Wilkins SAFEbuilt, remote Jim Nash Agenda Item II.1. CONSIDERATION OF PROPOSED AMENDMENTS TO CHAPTER 150 OF THE MUNICIPAL CODE CONCERNING ADOPTED MODEL CODES AND LOCAL AMENDMENTS Heather McFarland, Assistant to the Village Manager, gave an overview of the agenda item. The goal of the meeting, she explained, would be to review proposed changes to the Village’s adopted model 5 Village of Kenilworth Building, Planning & Zoning Committee 2 November 15, 2024 codes due to a new State requirement. She added that Fire Chief John Ripka and Don Wilkins with SAFEbuilt were in attendance to speak to recommended life safety and building code changes. Ms. McFarland reviewed major changes that were recommended, including: expanded permit exemptions, required automatic fire sprinklers in new one- and two-family homes, and required heat detectors in garages. Trustee Ottsen asked Chief Ripka to review major considerations for automatic sprinklers. Chief Ripka explained that cost, broken pipes, and aesthetics were common concerns. He further explained that the Fire Department’s goal was to incrementally work towards sprinklers being installed in homes. The BPZ members expressed concern with requiring homeowners to install sprinklers and desire for further future discussion. Trustee Ottsen stated interest in the Village’s existing code provisions for new construction. The members agreed that the requirement for sprinklers should be excluded in the code amendments. Chief Ripka continued his review of fire prevention code recommendations, including heat detectors in garages. Following discussion, the BPZ voiced interest in not incorporating the change. Other updates to electrical and plumbing codes were also reviewed. Members had no concerns with the proposed changes, including the prohibition of PVC pipes with a cellular core for certain improvements, and requirements for emergency electrical disconnects and surge protective devices in dwellings. BPZ members requested staff prepare proactive communication on the code amendments once approved. The BPZ recommended that the Village Board review the proposed changes, reflective of their discussion, at the December 9, 2024, meeting. Agenda Item III. BUSINESS FROM THE PUBLIC None Agenda Item IV. ADJOURN Trustee Ottsen made a motion to adjourn and Trustee Lojkovic seconded the motion, and following roll call vote, the meeting was adjourned with a unanimous vote at 9:30 a.m. Respectfully Submitted, Heather McFarland Assistant to the Village Manager 6 Request for Committee Action Agenda Item: III.A Staff Contact: Heather McFarland, Administration Jordan Schmidt, Administration Donny Leicht, Public Works Superintendent Dan Strahan, Village Engineer Subject: Consideration of Proposed Amendments to Chapter 150 of the Kenilworth Code of Ordinances Concerning Drainage and Grading Regulations Summary: In 2016, the Village Board adopted the Village’s current draingage and grading regulations. Since adoption, the regulations have worked as intended, however, staff has identified potential changes to help improve the process. In consultation with the Village Engineer and Building Development Coordinator, several changes to the code language have been drafted for the Committee’s review. It is recommended that the Committee review the proposed changes and provide a recommendation to the Village Board. Background of Matter: The Village’s drainage and grading code was first adopted in 2016 with the stated purpose, in-part, of helping to control stormwater run-off. Since that time, staff have identified several potential amendments to the code to improve the process for residents, while also ensuring the intent of the code is maintained. The proposed changes apply to the following sections and topics: definitions, regulated activities, soil borings, and creation of a formalized appeals process. The changes were initially planned to be included with the ongoing Zoning Code Update, however, given the recent need to address the appeals process for the drainage and grade code (detailed later in the memo), it is recommended to proceed with updates now to avoid further piecemealing the updates. Staff verified this approach with the Village Planner and Attorney. To limit conflicts between the two sections of code prior to finalizing the Zoning Code Update, language is included in the draft ordinance affirming that any conflicting ordinances would be governed by the amendment. Overview of Proposed Changes Definitions (150.441) Impervious Surface is currently defined in two areas in the code, Chapter 150 (Drainage & Grading), and Chapter 153 (Zoning). While similar, the definitions are slightly different, so it is recommended a singular definition be adopted to eliminate discrepancies. Staff worked with the Village Planner and Engineer to develop a new definition, and also establish one for “Designed Permable Surface”. PERMEABLE SURFACE, DESIGNED Any pavement system designed to allow water to pass through voids in the paving material or between pavers to a designed subsurface stormwater storage layer and underdrain system. Designed permeable surfaces include, without limitation, pervious asphalt, permeable pavers, porous concrete systems, and open-cell paving blocks Considered By: Date: Building, Planning, and Zoning Committee 07/06/26 Village of 7 The purpose of this new definition is to codify the current code official practice of granting credits in stormwater detention calculations for green technologies that enhance infiltration. The credit would apply only to drainage regulations, and would not count towards the zoning calculations. The purpose of this change is to limit potential on-site detention requirements when the proposed material otherwise allows for stormwater to pass through. This would most likely apply to decks or patios utilizing permeable pavers. Regulated Activites (150.442) Existing drainage and grading regulations are triggered by any of the following regulated activites: (1) Cause an increase in the ground surface elevation; (2) Cause an obstruction in the flow of stormwater runoff from any property; (3) Cause a change in the direction or location of stormwater runoff from a property; or (4) Disturb 200 square feet or more of the ground surface. Development, redevelopment, construction, grading or landscaping that disturbs less than 200 square feet, but is part of a larger common project that, as a whole, disturbs 200 square feet or more, is considered a regulated activity. Civil engineering plans are required when these regulations are triggered, which can cost upwards of $5,000. While the code does provide exemptions to the requirement, there are certain project types that do not qualify and could be properly evaluated through modified requirements. In an effort to assist applicants without compromising the intent of the regulations, a new tiered approach is recommended. Under this approach, projects that meet the following description would only require a topographical survey with spot elevations, instead of a full civil plan. Development that disturbs more than 200 square feet but less than 500 square feet of ground surface and does not meet conditions (1) thru (3) above will be considered regulated development but will not require a site plan signed and sealed by an Illinois registered professional engineer. Such development will require a topographic survey with spot elevations that may be signed and sealed by a surveyor or landscape architect. Topograhpical surveys are more affordable ($2,000) than full civil plans and still provide the necessary information for the Village Engineer to complete their review. The table below provides examples of how the new tiered approach would apply. Soil Borings (150.445) When a new building is constructed with a basement, the lowest floor elevation is required to be at least 18 inches above the seasonal high groundwater elevation. A soils report and single soil boring have been historically requested by the Village Engineer to verify the seasonal high water mark. A single soil boring has proven to be insufficient as the actual underground conditions can vary widely within a lot. The updated language aims to address this by requiring at minimum three soil samples taken within the project area, unless otherwise approved by the code official. Tier Threshold Fully Exempt – No Drainage Information Required Does not meet any of the 5 thresholds for requiring civil plans Topographical Survey Meets threshold 5 but not 1 through 3 Civil Plans Meets any threshold 1 through 4 8 Adding more prescriptive language to the code will better prepare applicants as they develop submittals, and ensure a minimum standard is followed by all. Appeals Process (150.447) The Village recently received a request appealing a section of the drainage and grading code. An appeals process specific to drainage and grading regulations is not provided for in the code, limiting staff’s ability to respond to the request. It is recommended that an appeal process be established to evaluate unique circumstances when a hardship is present. To maintain parity with other Village regulations, staff and the Village Engineer recommend modeling language off of the Steep Slope Zone Code (154.09) appeal process. Through this model, the Building Offical would make a determination on the applicant’s request. Should the applicant disagree with that determination, they could then appeal the to the Village Board, or Board Committee. In reviewing the appeal, the Board or Board Committee would consider the following: • Whether the determination of the code official in applying the regulations of this subchapter imposes an unreasonable and undue economic hardship that materially limits the property owner from making reasonable use of such owner’s property or otherwise imposes requirements which are unreasonably burdensome to the property owner given the benefits thereof to the village As part of the appeals process, it is also recommended that an application fee be required to apply, similar to a zoning variance, or other commission application (e.g. $350). This could be achieved through an update to the Fee Scheudle. If the Committee is comfortable with this approach, the fee change would be included in the upcoming discussion on fees as part of the budget process. The recommended changes have been reviewed by the Village Engineer and Village Attorney. Staff requests that the Committee discuss the proposed changes and make a recommendation to the Village Board. Financial Impact: No anticipated financial impact regarding the proposed code changes. Recommendation: The Committee should review the proposed code changes and make a recommendation to the Village Board. Attachment: Draft Code Amendments 9 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 150 OF THE KENILWORTH VILLAGE CODE REGARDING DRAINAGE & GRADING Passed by the Board of Trustees this ____ day of July, 2026 Published by the Board of Trustees this ____ day of July, 2026 Printed and published in pamphlet form by authority of the President and Board of Trustees VILLAGE OF KENILWORTH, ILLINOIS ________________________________ Michael Gagnon Village Clerk 10 1 VILLAGE OF KENILWORTH ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 150 OF THE KENILWORTH VILLAGE CODE REGARDING DRAINAGE & GRADING WHEREAS, the Village of Kenilworth is an Illinois municipal corporation organized and existing under the Constitution and laws of the State of Illinois; and WHEREAS, Title XV, Chapter 150 of the Village Code sets forth regulations concerning buildings within the Village, including drainage and grading standards for buildings and structures within the Village; and WHEREAS, the Village President and Board of Trustees desire to amend Title XV, Chapter 150 of the Village Code to promote sustainable stormwater management and drainage practices within the Village; and WHEREAS, the Village President and Board of Trustees have determined that it is in the best interests of the Village and its residents to amend the Village Code as set forth in this Ordinance. NOW THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Kenilworth, Cook County, Illinois, as follows: Section 1. Recitals. The foregoing recitals are hereby incorporated into and made a part of this Ordinance as though fully set forth in this Section. Section 2. Amendment to Section 150.441 of Village Code. Section 150.441, entitled “Definitions,” of Chapter 150, entitled “Building Regulations,” of Title XV, entitled “Building, Zoning and Development,” of the Village Code is hereby amended as follows , with new definitions codified in proper alphabetical order (additions underlined and deletions struck through): § 150.441 DEFINITIONS. * * * IMPERVIOUS SURFACE or IMPERVIOUS AREA. Any improvements on a lot that prohibit or substantially retard the drainage of stormwater directly into the soil below, as well as any hard-surfaced, compacted area that does not readily absorb or retain water, including but not limited to: buildings, driveways, sidewalks, patios, decks and similar structures; stone, brick, asphalt and concrete surfaces; graveled areas; swimming pools; and basketball or tennis courts or other hard play surfaces. 11 2 Any improvements on a lot, including but not limited to, buildings, driveways, sidewalks, patios, decks and similar structures, pavements of any kind, and other structures and materials, that, in the determination of the code official, prohibit or substantially retard the drainage of stormwater directly into the soil below. * * * PERMEABLE SURFACE, DESIGNED. Any pavement system designed to allow water to pass through voids in the paving material or between pavers to a designed subsurface stormwater storage layer and underdrain system. Designed permeable surfaces include, without limitation, pervious asphalt, p ermeable pavers, porous concrete systems, and open-cell paving blocks. * * * Section 3. Amendment to Section 150.442 of Village Code. Section 150.442, entitled “Regulated Activities,” of Chapter 150, entitled “Building Regulations,” of Title XV, entitled “Building, Zoning and Development,” of the Village Code is hereby amended as follows (additions underlined and deletions struck through): § 150.442 REGULATED ACTIVITIES. * * * (B) Regulated activity defined. Unless it is exempted in subsection (C) below, any development, redevelopment, construction, grading or landscaping is considered a regulated activity if it is reasonably expected to: (1) Cause an increase in the ground surface elevation; (2) Cause an obstruction in the flow of stormwater runoff from any property; (3) Cause a change in the direction or location of stormwater runoff from a property; or (4) Disturb 200 square feet or more of the ground surface. Development, redevelopment, construction, grading or landscaping that disturbs less than 200 square feet, but is part of a larger common project that, as a whole, disturbs 200 square feet or more, is considered a regulated activity. Development that disturbs more than 200 square feet but less than 500 square feet of ground surface and does not meet conditions (1) through (3) above will be considered regulated development but will not require a site plan signed and sealed by an Illinois registered professional engineer. Such development will require a topographic survey with spot elevations that may be signed and sealed by a surveyor or landscape architect. * * * Section 4. Amendment to Section 150.445 of Village Code. Section 150.445, 12 3 entitled “Drainage and Grading Standards,” of Chapter 150, entitled “ Building Regulations,” of Title XV, entitled “Building, Zoning and Development,” of the Village Code is hereby amended as follows (additions underlined and deletions struck through): § 150.445 DRAINAGE AND GRADING STANDARDS. * * * (C) Stormwater detention standards. * * * (2) The required volume of stormwater detention shall be determined using the Metropolitan Water Reclamation District of Greater Chicago’s Modified Rational Method with the data and design conditions listed below: (a) The rainfall intensity shall be based on the Illinois State Water Survey, Bulletin 75 Precipitation Frequency Study for Illinois, published in 2020. (b) The allowable release rate for existing and proposed conditions shall be based on a runoff coefficient of 0.15 and the rainfall intensity for a three-year storm event. (c) The composite runoff coefficient for the proposed conditions shall be based on the maximum impermeable lot coverage allowed by Chapter 153 of this code, as amended. (d) The required volume of stormwater detention shall be the difference in the storage volume calculated for existing and proposed conditions for a 100-year storm event. (e) For the purpose of calculating the impervious surface area on a zoning lot for stormwater detention calculations, 70 percent of the area of any designed permeable surface on the zoning lot shall be considered impervious surface. * * * (D) Building elevation standards. * * * (2) The lowest floor elevation for any new building construction which includes a basement, cellar or crawlspace on a previously developed property shall not be lower than at least 18 inches above the seasonal high groundwater elevation. The seasonal high groundwater elevation for the subject property shall 13 4 be determined by a qualified professional. This determination shall be included in a geotechnical report submitted to the Village and be based on a minimum of three (3) soil samples taken within the project area, unless otherwise approved by the code official. * * * Section 5. Section Created. The Village Code is amended as follows to create a new section, Section 150.447, entitled “ Appeals from Decision of Code Official ” (additions underlined): § 150.447 APPEALS FROM DECISION OF CODE OFFICIAL. (A) Any determination of the code official under this subchapter may be appealed to the Board of Trustees by filing a request for review in writing within 35 days after the code official issues his or her determination. The Board of Trustees may designate a committee of the Board to hear the request for review and make a written recommendation to the Board of Trustees. The decision of the Board of Trustees will be final. (B) In reviewing the determination of the code official, the Board of Trustees (and any committee designated by the Board, in making its recommendation) will consider only whether the determination of the code official in applying the regulations of this subchapter imposes an unreasonable and undue economic hardship that materially limits the property owner from making reasonable use of such owner’s proper ty or otherwise imposes requirements which are unreasonably burdensome to the property owner given the benefits thereof to the Village. After receiving written submittals from the property owner and the code official (and after a hearing if requested by the property owner ), a decision on such appeal must be issued by the Board in writing no more than 60 days after the delivery of the final submittal by the property owner or code official or after the close of the hearing, whichever is later. (C) In considering an appeal under this section, the Board of Trustees may reverse, affirm, or modify the determination of the code official, or remand the determination back to the code official for further consideration, with or without instructions. (D) The Board of Trustees may issue further procedural rules governing appeals under this section. §§ 150.4478 THROUGH 150.449 RESERVED. Section 6. Superseder. In the event a conflict exists between the terms of this Ordinance and any other ordinance or resolution of the Village, the terms of this Ordinance shall govern. 14 5 Section 7. Severability. If any part, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the remaining sections, subsections, and clauses shall not be affected thereby. Section 8. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication in pamphlet form, in accordance with law. The provisions of the Village Code Chapter 150 amended herein shall be reprinted with the changes indicated in this Ordinance. Passed this __th day of July, 2026. AYES: NAYS: ABSENT: ABSTAIN: Approved this __th day of July, 2026. ___________________________________ Village President Cecily Kaz ATTEST: __________________________________ Village Clerk Michael Gagnon 15