Battle begins again over drug treatment center near Campton Hills
The first step in a second battle between Campton Hills residents and a drug and alcohol treatment center wanting to locate on the village's outskirts is underway, and the Kane County zoning board of appeals must determine how many county board votes will be needed in the final decision.
The effort to force a supermajority vote by the Kane County Board on the center began Tuesday night with an appeal filed by neighbors of the proposed site of the treatment center at 41W400 Silver Glen Road near Campton Hills. The 120-acre property is the site of the former Glenwood School. The neighbors, Abram and Jolene Andrzejewski, believe a supermajority is warranted because there is nothing in the county's zoning code that specifically allows for such a treatment center to be located in the unincorporated area.
If it's not in the code, a supermajority of the full county board would be required to approve the center.
But the developer, Maxxam Partners LLC, believes the treatment center is sufficiently similar to a hospital or nursing home, which would be allowed by the county, so no supermajority vote is needed.
Mark VanKerkhoff, the county's zoning enforcement officer, initially allowed Maxxam's application to move forward without forcing a supermajority vote. The county's zoning board of appeals is now charged with determining whether he was correct in that decision.
VanKerkhoff stood against more than hour of questioning by Kevin Carrara, an attorney representing the Andrzejewskis' interests. Carrara also brought forward a land planning and zoning expert, Joseph Abel, who testified VanKerkhoff did not properly apply the county code to Maxxam's application.
Abel went as far as to say VanKerkhoff's actions, if allowed to stand, provide "the wherewithal for getting around letting people know what's in the zoning ordinance."
Attorneys for the county board, including staff members from the Kane County state's attorney's office, defended VanKerkhoff's actions as being within his authority as the zoning enforcement officer.
County board attorney Patrick Kinnally said VanKerkhoff merely accepted an application for the treatment center and prepared it for review by the zoning board and county board, just as he would with any similar application. If there is a need for a change in the county's zoning ordinance, that's for the county board to determine.
"Mark did not make any determination because that is not within his authority to do," Kinnally said.
The zoning board is also using Kinnally as its own attorney to advise them on how to address the appeal. Carrara has filed an objection, under a conflict of interest concern, about either Kinnally or the state's attorney's office helping the zoning board in the decision since they are also representing VanKerkhoff.
The zoning board was in a closed meeting with Kinnally late Thursday night and had not yet made a determination.