Based upon legal advise from a consulting attorney, Ancel Glick,LLP, Boone County will rework the Plote case and attempt to special “text amendment” the current gravel pit into legal operations. The consultant’s complete memorandum is available at: https://www.boarddocs.com/il/boone/Board.nsf/files/B8GPEV5814ED/$file/Plote%20Text%20Amendment%20Boone%20County%20Code.pdf
The following is from page 5 of that memorandum:
Conclusion
In sum (summary) although the County appeared to follow the procedural requirement in granting a special use permit to Plote to operate the quarry use on the Property, that use was not an authorized use in the A1 district at the time the special use was approved. The parties could not agree to “authorize” that use through the Settlement Agreement or Consent Order because Illinois case law requires the procedural requirements for zoning approvals be followed even in settling land use litigation or disputes. One option to address this issue is to amend the CZO to expressly authorize this use in the A1 district as a special use. Should the County want to avoid opening the special use up to all properties in the A-1 district, it could add certain limiting language to the clarifying conditions in the Table of Permitted Uses.
The quarry use of the property never was authorized because the use was not an authorized use for a A-1(agricultural) district. So one option is for the county to amend the text and now allow such operation by special use in an A1 district. But limit the provision so that only Plote will qualify. This appears to be what the county is doing as the case is being sent back for hearings etc. as a text amendment to the A-1.
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