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2016-04-20 - Planning and Zoning Commission - Minutes04/20/2016 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, APRIL 20, 2016 Call to Order The meeting was called to order at 7:30 PM by Commissioner Eric Smith Public Hearings/Items For Consideration 1. O-2016-19 Consider a Variation to the Zoning Ordinance for a Setback Reduction for a Garage Addition for the Property at 224 Stanton Ct (Trustee Berman) Mr. Barnet Fagel, 224 Stanton Court West, was present and sworn in. Mr. Fagel described his request. Buffalo Grove has been his home to raise his family. Now that his children are grown he spends his time on his hobbies, which includes automobiles. He owns a couple of cars that he takes to car shows. The cars require a lot of work to keep them in show condition. Due to his medical condition,(rods in his back), it is difficult for him to bend down. He would like to install a car lift in his garage. He needs extended spatial clearance from the wall to install the lift and is requesting to build an addition onto his garage. He has had an engineer, as well as the Village Engineer, review his proposal and neither saw any issues. He explained that he shows Corvettes. Com. Goldspiel asked if Mr. Fagel is adding a two-car garage onto the existing garage. Mr. Fagel stated that he is. The first half of the garage would be used for the car lift while the second half of the garage would be used for a wood shop, his other hobby. He would like to enjoy his hobbies. Com. Goldspiel asked why Mr. Fagel needs a two -car garage. Mr. Fagel stated that he needs clearance to walk around the car while the car doors are open for cleaning purposes. Com. Cesario confirmed that Mr. Fagel will be doing woodworking in the back of the garage addition and asked what the primary need of the variance is. Mr. Fagel stated that the width of the addition requires the variance. Com. Cesario asked if there was any way Mr. Fagel could reduce the width of the garage addition to sixteen (16) feet instead of eighteen (18) feet. Mr. Fagel stated that reducing the size of the proposed garage would cause him hardship due to his medical condition. Com. Cesario asked how wide the car is. Mr. Fagel stated that the car is eight (8) feet wide, however when the cars doors are open for cleaning, each door adds another four (4) feet tot he width. Com. Cesario stated that the addition would be located on the court side of the cul-de-sac and the home to the north would be impacted the most. He asked if Mr. Fagel had spoke with the neighbors to the north. Mr. Fagel advised that he spoke to his neighbors before even speaking with an architect. The neighbors had no issues. Com. Cesario asked Mr. Stilling if the Village had received any calls. Mr. Stilling responded that the Village received a couple of inquiries, one which was a concern about the accessory structures in the rear yard, which has been addressed and resolved. Com. Moodhe asked about the type of lift to be installed. Mr. Fagel stated that it is a hydraulic lift. The mechanical components are located next to the lift. Com. Moodhe asked about the noise level. Mr. Fagel stated that the noise generated from the lift is not 04/20/2016 much louder than him talking into the microphone. He does not do any engine work, he only works on the appearance of the car. He doesn't even start the cars. Com. Lesser asked if the garage addition would be heated. Mr. Fagel stated that the addition would have radiant heat in the floor. Com. Goldspiel is concerned about the appearance of the proposed addition. He would like to see a window or two added. Mr. Fagel stated that the garage door would have windows to match the existing garage door. Also, the siding and roof would match the existing house and garage. Ch. Smith asked staff if there were any additional objections other than the accessory structure. Mr. Stillings advised that there were not. Ch. Smith entered the Staff Report as Exhibit 1. There were no further questions or comments from the Commissioners. There were no questions or comments from the audience. The public hearing was closed at 7:47 PM. Moved by Com. Weinstein, seconded by Com. Lesser, to recommend to the Village Board to grant the request made by Barnet Fagel, 224 Stanton Court West, for variance to Zoning Ordinance, Section 17.40.020, to construct a garage addition that would encroach 3.7 feet into the required side yard setback. Com. Cesario believes that the Petitioner has demonstrated a unique circumstance and hardship. The proposed addition will not be immediately visible to passersby. He supports the request. Com. Goldspiel stated that there appears to be a fair amount of room in the side yard. He supports the Petition. Com. Weinstein also supports the Petition. It is a small addition and there are no objectors. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 5/16/2016 7:30 PM MOVER: Mitchell Weinstein, Commissioner SECONDER: Scott Lesser, Commissioner AYES: Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser, Weinstein ABSENT: Ira Shapiro 2. Consider a Text Amendment to the Zoning Ordinance Regarding Small Cell Antennas (Trustee Weidenfeld) 04/20/2016 Ms. Woods advised that the public hearing on small cells is a continuation from the March 16, 2016 Planning & Zoning Commission meeting. The discussion at the March 16th PZC Meeting coupled with an analysis of small cell ordinances in other communities helped guide staff in creating a regulatory framework for small cells. The proposed regulatory framework is organized into objectives and strategies. The objectives describe intent while the strategies provide an approach as to how to achieve the each objective. Objective 1: Prioritize Village-owned properties and existing poles. Strategy 1: Small cellular antenna devices shall be a permitted if they are installed on property owned or occupied by the Village. Small cells are prohibited on any utility pole located on a lot that is not owned or occupied by the Village unless the applicant is able to demonstrate that no such Village-owned property is available. Objective 2: Protect residential areas. Strategy 2: Small cellular antenna devices shall not be located closer than 100 feet to any residential building unless authorized in writing by the Village. Objective 3: Prevent a concentration of small cells. Strategy 3: A small cellular antenna device shall not be closer than 1,000 feet from another small cellular antenna device. This distance may be decreased if the applicant is able to demonstrate the need for a location closer to an existing small cell. No more than one antenna per pole shall be permitted. Objective 4: Ensure small cellular antenna devices are not aesthetically obtrusive and do not obstruct lighting. Strategy 4: Small cellular antenna devices shall not be greater than 7 square feet of surface area. Omnidirectional or whip antennas may not extend more than 7 feet in height above any structure. The size of all above ground equipment may not exceed 15 cubic feet. Antenna, equipment and related equipment shall be a color that blends with the pole on which it is mounted. Any wiring on the pole must be covered with appropriate cover or cable shield. Landscaping screening shall be installed to minimize the visibility of the at grade equipment. Small cellular antenna devices must minimally block light provided from streetlights. Objective 5: Ensure small cellular antenna devices are maintained, removed, or transferred to a different owner if the existing owner defaults. Strategy 5: Successor issues would be detailed in the licensing agreement. If the cellula r company defaults, ownership for the small cells will default to the Village. As part of the licensing agreement, the Village will require a cash bond. Monies from this bond will cover the maintenance or removal of the small cells. The Village will be able to transfer ownership to a different cellular company if a company expresses interest. Staff explained they are seeking feedback from the PZC on the regulatory framework for small cellular antenna devices. In addition, staff is requesting PZC to continue to this item to the May 4th PZC staff meeting to finalize draft regulations. 04/20/2016 Com. Cesario stated that the previous comments have been incorporated into the draft regulations. He also sees flexibility and believes that these strategies will help preser ve property values. Com. Moodhe asked about the size of the ground equipment. Mr. Stilling responded that the equipment will not exceed fifteen (15) cubic feet. Com. Moodhe asked if the 1,000 foot separation was discussed with the providers. Mr. Stilling advised that the Village wants to keep flexibility within the code. Com. Khan inquired about requiring a cash bond and the percentage that would be required as well as how long the Village would hold the bond. Mr. Stilling responded that the Village is looking at requiring a bond of ten (10) percent of the cost and would hold that bond for the term of the agreement. Com. Cohn asked if the 1,000 foot separation is too restrictive. A city block is approximately 600 feet. Mr. Stilling advised that he was originally looking at a 500 foot separation. Com. Cohn asked if current technology can provide the service at a 1,000 foot separation. Mr. Stilling advised that he will look at that when drafting the regulations. Com. Lesser asked staff to consider accepting Letters of Credit in lieu of cash bonds. Mr. Stilling stated that he has looked at Letters of Credit but he has seen where those Letters of Credit had gone bad and hence, cash bonds are perfered. Com. Moodhe added that staff should look at and identify higher concentration areas now before regulations get approved. Mr. Stilling indiciated that they will examine the geography at high-level now but reminded the PZC that these regulations can be modified as necessary. There were no further questions or comments from the Commissioners. There were no questions or comments from the audience. The public hearing was closed at 8:04 PM. Moved by Com. Moodhe, seconded by Com. Cohn, to continue the public hearing to the May 4, 2016 regular meeting. 04/20/2016 RESULT: TABLED [UNANIMOUS] Next: 5/4/2016 7:30 PM MOVER: Adam Moodhe, Commissioner SECONDER: Matthew Cohn, Commissioner AYES: Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser, Weinstein ABSENT: Ira Shapiro Regular Meeting Other Matters for Discussion 1. Presentation from CMAP Regarding ON TO 2050 (Trustee Berman) Chicago Metropolitan Agency for Planning (CMAP) has begun development of a new comprehensive plan that will be the successor of GO TO 2040. ON TO 2050 will build on the previous plan's vision and major policy objectives. Representative Berenice Vallecillos from the Chicago Metropolitan Agency for Planning provided a presentation on the upcoming On TO 2050. Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - Mar 16, 2016 7:30 PM Moved by Com. Cesario, seconded by Com. Khan to approve the minutes of the March 16, 2016 regular Planning and Zoning Commission meeting. RESULT: ACCEPTED [6 TO 0] MOVER: Frank Cesario, Commissioner SECONDER: Zill Khan, Commissioner AYES: Smith, Cesario, Cohn, Goldspiel, Khan, Weinstein ABSTAIN: Adam Moodhe, Scott Lesser ABSENT: Ira Shapiro Chairman's Report None. Committee and Liaison Reports Com. Weinstein provided a recap of the Village Board meeting on March 21, 2016 with regards to Planning and Zoning Commission items. Com. Cesario provided a recap of the Village Board meeting on April 18, 2016 with regards to Planning and Zoning Commission items. He also advised that all current Planning and Zoning Commissioners were re-appointed for one year and that the Link Farm development has been referred to the Planning and Zoning Commission. Staff Report/Future Agenda Schedule 04/20/2016 Mr. Stilling advised that an introduction for the link Farm development may be included on the May 4, 2016 agenda. The May 4, 2016 agenda will also have the former PJ/McDonalds public hearing. Staff should also have the draft for the small cell regulations. He is working to finalize a proposal for the Berenasa Plaza project that he is expecting to be before the Commission in July. He will also be preparing an RFQ for the Lake Cook Road Corridor. Com. Moodhe asked about going paperless with the packets. Mr. Still is working with IT on that initiative. Public Comments and Questions None. Adjournment The meeting was adjourned at 9:30 PM Chris Stilling Director of Community Development APPROVED BY ME THIS 20th DAY OF April , 2016