CALL TO ORDER
Chairman Brackett called the meeting to order.
ROLL CALL
In attendance: Chairman Mike Brackett, Commissioners Mark Carroll, Connie Holbrook, Ed Sweeney.
Commissioner Rivecco and Lenkart arrived later in the meeting.
Staff in attendance: Village Administrator Wes Kornowske, Community Development Director Scott Buening.
APPROVAL OF MINUTES – August 2, 2011
The Commission decided to hold off approving the Minutes until Commissioners Lenkart and Rivecco arrived.
PUBLIC HEARINGS – None.
NEW BUSINESS – None.
OLD BUSINESS
a. Zoning Ordinance Revision Review, Chapters 11-16. (No additional documents provided)
Chapter 11
Page 2 – In the absence of Commissioner Rivecco, Chairman Brackett provided comments which were submitted by Commissioner Rivecco prior to the meeting. Rivecco had questioned if front facing garages would no longer be allowed. Community Development Director Scott Buening said that is the understanding.
Page 3 –Chairman Brackett said that Commissioner Rivecco had pointed out that in the section regarding Place of Worship, it states places of worship shall be designated as special uses in zoning districts in which they are allowed. Rivecco noted this to be inconsistent with the discussion as noted in the meeting minutes from July 19th, page 2, where Commissioner Sweeney said that places of worship are permitted everywhere but R2A. Rivecco also noted that Buening said he would include it as a permitted use in R2A and should probably restore it to permitted uses in R4 & R3. Rivecco also noted his preference that places of worship be special uses and simply not permitted in any district to enable commission and board consideration of individual applications. Buening said the issue is that it was changed to add it as a special use in R2A and as a permitted use in R4. Buening said that some of the discussion was that the Village cannot completely prohibit it in all of the zoning districts per case law. Therefore, it has to be accommodated somewhere. Buening said he could take out wording, “shall be designated as a special use..” Plan Commission members were in agreement.
Page 4 – Chairman Brackett said that Rivecco questioned if the section stating, “outdoor recreation facilities shall be considered special uses” applies to commercial facilities and not parks. If so, Rivecco was okay with it. Buening said that the same issue applies as in previous section. Will take out wording “shall be designated as a special use…” Plan Commission members were in agreement.
Page 6 – Rivecco – no exterior building signs shall be permitted. Suggested the word, “building” be eliminated.
Page 7 – Rivecco asked how the approvals of the community development director and the Village Board stated in the two sections mesh. Can an applicant operate with one but not the other or is there a process that could be spelled out?
(Commissioner Rivecco/Commissioner Lenkart arrived)
-Buening said he could strike paragraph C and state that all outdoor dining areas shall be approved by the Village as a special use. Buening suggested this be added as part of the permitted use list in the B1 district.
-Commissioner Carroll said that the name of sexually oriented business was to be changed to adult use.
Page 8 – Sweeney asked about section F1, defining the type of antennae that is allowed. Buening said that subdivision ordinances would supersede this ordinance.
Rivecco noted some duplication of intent (paragraph 3b, chapter 12, page 5) regarding amateur radios. Buening said that when there was a review of the ordinance, the language of chapter 11 was inserted as well as the subsequent sentence. Buening said he would strike the paragraph in chapter 12.
Rivecco said that in FCC orders, there is no maximum height requirement. Per the Amateur Radio League, reasonable accommodation is between 35 and 95 feet.
Rivecco said that 80 feet should not be required and that most requests should be received at 40 feet maximum height. Buening said 80 feet is the current maximum, Commission was in agreement with 45 feet maximum height.
Page 11 – Buening said that tower height of 150 feet is adequate. Buening said he would add to access H that it has to be a hard paved surface of asphalt or concrete.
Page 12 – Lenkart said he understands the idea of landscaping to soften the look of fencing, but wondered if it is a good idea to plant trees where kids could possibly climb them.
Letter M – Abandonment – Sweeney asked if the Village should ask for some enforcement method. Buening said that any provision of the zoning ordinance can be enforced.
Lenkart asked if the Village should be asking for more than $650 for Administrative Fees. Rivecco agreed.
Acquired permit fee – Sweeney noted a typographical error in the first line of Letter O, “prior to the construction of (an) wireless…”. Eliminate the word “an” and replace with “a”.
Rivecco said the first paragraph talks about the standards published by the Electronic Industry Association. Rivecco said that the association ceased to exist as of Feb. 11, 2011 and the standards are currently cared for by the Electronic Components Industry Association. Commission agreed to change the wording to, “The current recognized governing body.”
Page 14 – Rivecco asked if the Village was excluding meat and eggs from farmers markets for any particular reason. Buening said he was not aware of a specific reason and that it could be changed.
Page 15 – 7B – Carroll said that the zoning ordinance states that all display and sales areas shall comply with the minimum required interior corner, side yard, rear yard setbacks. Carroll asked if that would refer to all displays outside a business. Buening said yes.
Page 16 – Sweeney asked if wording for 16F(ii) should be more generic. Buening said he would change wording to “designee”.
Chapter 12
Page 5 – Buening said he would strike paragraph b.
Lenkart asked if arbors have to be 50% open and if it refers to the top of the arbor. Buening said this would be looked at on a case-by-case basis and would also be addressed in the building code.
Paragraph C2 – Brackett questioned the reason for not allowing an arbor or trellis beyond five feet in front of the house. Sweeney said that maybe there should be dimensions of the arbor or trellis. Buening said this would be handled with some discretion. Consensus was to eliminate paragraph 2.
Page 6 – Lenkart questioned the fence heights for residential districts, particularly the corner side yard being limited to four (4) feet above grade. Buening said that a three foot fence is allowed in the front yard and a four foot fence for a corner side yard.
Page 7 – Rivecco said that the second paragraph (e)…second sentence should be rephrased, “above ground pools shall be fenced if any portion is less than four feet above the adjacent grade.” Brackett said it should state what type of fence is required.
E2 – Lenkart asked if location of HVAC in residential should stipulate it be placed on the side but not within a certain distance to the front. Commission agreed. Buening said that paragraph 1 could state, “shall be located in the rear yard or the side yard of the rear 50% of the structure.” Commission was in agreement.
F1 – Lenkart said this is actually 11.3-C-7 (not 6).
Page 8
H1(a) – Rivecco said that satellite dishes cannot be restricted from the line of site or an area in which to receive reception. Wording to be added to say, “Shall not be mounted on a portable or moveable structure.”
Page 9
Focusing on commercial districts, panels may cover 100% of the roof on non-residential buildings provided that they are fully screened from view on all sides from ground level.
PLAN COMMISSIONER COMMENTS AND PROJECT UPDATES – None
ADJOURNMENT
Motion made by Commissioner Rivecco and seconded by Commissioner Lenkart to adjourn the meeting. All in favor. Motion approved.
Respectfully Submitted,
Lori J. Murray
Village Clerk
