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2018-07-18 - Planning and Zoning Commission - Agenda Packet Meeting of the Village of Buffalo Grove Planning and Zoning Commission Regular Meeting July 18, 2018 at 7:30 PM Fifty Raupp Blvd Buffalo Grove, IL 60089-2100 Phone: 847-459-2500 I. Call to Order II. Public Hearings/Items For Consideration 1. Consider a Variation to the Sign Code for 2 Replacement Signs at the Woodlands Development (Trustee Stein) (Staff Contact: Chris Stilling) 2. Consider a Variation for an Electronic Ground Sign at 10 W Dundee Road (Trustee Ottenheimer) (Staff Contact: Chris Stilling) III. Regular Meeting A. Other Matters for Discussion B. Approval of Minutes 1. Planning and Zoning Commission - Rescheduled Regular Meeting - Jul 9, 2018 7:30 PM C. Chairman's Report D. Committee and Liaison Reports E. Staff Report/Future Agenda Schedule F. Public Comments and Questions IV. Adjournment The Planning and Zoning Commission will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons. Updated: 7/13/2018 2:54 PM Page 1 Action Item : Consider a Variation to the Sign Code for 2 Replacement Signs at the Woodlands Development Recommendation of Action Staff recommends approval, subject to conditions in the staff report. The subject property has two existing wooden groun d signs located on the southwest corner and southeast corner intersection of Willow Pkwy and Half Day Rd. The two existing wooden ground signs are slowly decaying and not visually appealing, and hence the petitioner is proposing to replace the two existing ground signs with two larger single face illuminated ground signs. As a result of the change, multiple variations are required. ATTACHMENTS:  Staff Report 55 Willow Pkwy (DOCX)  Plan Set 1 (PDF) Trustee Liaison Staff Contact Stein Chris Stilling, Community Development Wednesday, July 18, 2018 2.1 Packet Pg. 2 VILLAGE OF BUFFALO GROVE PLANNING & ZONING COMMISSION STAFF REPORT MEETING DATE: July 18, 2018 SUBJECT PROPERTY LOCATION: 55 Willow Pkwy PETITIONER: Parvin-Clauss Sign Co PREPARED BY: Rati Akash, Planner I REQUEST: A variation from the residential sign code to allow for two ground signs EXSITING LAND USE AND ZONING: The property is improved with an existing building and zoned R-8 multi- family dwelling district COMPREHENSIVE PLAN: The 2009 Comprehensive Plan calls for this property to be a residential use PROJECT BACKGROUND The subject property has two existing wooden ground signs located on the southwest corner and southeast corner intersection of Willow Pkwy and Half Day Rd. The two existing wooden ground signs are slowly decaying and not visually appealing, and hence the petitioner is proposing to replace the two existing ground signs with two larger single face illuminated ground signs. As a result of the change, multiple variations are required. PLANNING & ZONING ANALYSIS Location The subject property has two existing wooden ground signs located on the southwest corner and southeast corner at the intersection of Willow Pkwy and Half Day Rd. The two proposed grounds will be replacing the two existing ground signs located at the entrance of The Courtyards at the Woodlands on both the east and west side. The two existing wooden ground signs are two (2) foot in height and five (5) foot wide. The existing ground sign on the southwest corner of Willow Pkwy and Half Day Rd is setback six (6) feet six (6) inches from the sidewalk along Half Day Rd, and setback five (5) six (6) inches from the sidewalk along Willow Pkwy. The existing ground sign on the southeast corner of Willow Pkwy and Half Day Rd is setback ten (10) feet from the sidewalk along Half Day Rd, and setback six (6) feet eight (8) inches from the sidewalk along Willow Pkwy. The proposed new ground signs will maintain the same setback as the existing ground signs along Willow Pkwy and Half Day Rd. Existing wooden ground sign West Sign location East Sign location 2.1.a Packet Pg. 3 At t a c h m e n t : S t a f f R e p o r t 5 5 W i l l o w P k w y ( C o n s i d e r a V a r i a t i o n t o t h e S i g n C o d e f o r 2 R e p l a c e m e n t S i g n s a t t h e W o o d l a n d s D e v e l o p m e n t ) Ground signs The two proposed ground signs will be an improvement to the two existing wooden ground signs. The proposed ground signs will be a single face illuminated ground sign and the material will comprise of fabricated aluminum. The following is a summary of the proposed replacement signs as they relate to the existing sign and Village Code: Size Height Number Sign Code 16 s.f. 5 feet 1 Existing Sign 10 s.f. 4 feet 2 Proposed Sign 24 s.f. 6 feet 2 Per Code, only one identification sign is permitted for each residential development, and in this case there are two proposed ground signs which will require a variation. The proposed ground signs will be placed in the same location as the existing ground signs and will maintain the existing setback dimensions from the sidewalk of Half Day Rd and Willow Pkwy. The proposed ground signs encroach into the building setback area which will require a variation. Landscaping As part of the improvements, the petitioner is adding new landscaping around the signs. Overall, staff finds the new landscaping an improvement. It should be noted that as part of the petitioner’s plans, they show new landscaping in the median located in Willow Pkwy. The Village Forester did review the plans and indicated that landscaping within the median must be revised to meet Village Code. The petitioner has shown materials that are not approved within the Village right-of-way. This will remain as a condition. Variations requested The following is a summary of the required variations: 1. Section 14.16.010 from the Buffalo Grove Residential Sign Code allows for one development sign not to exceed 16 square feet. As shown, the petitioner is proposing to replace two existing signs with each sign being 24 square feet. While the proposed signs are larger than allowed, staff finds that the new signs are much more appealing and supports the requested variation. Furthermore, staff is unaware if the development received a variation for the two signs. 2. Section 14.16.010 from the Buffalo Grove Residential Sign Code provides a maximum height of five feet (5’) and states that the sign shall meet the required building setback (25’). As shown, the petitioner is proposing a 6 foot (6’) sign. The proposed location will be the same as the existing signs. Overall staff supports the request. VARIATION STANDARDS Pursuant to the Village Code, the Planning & Zoning Commission is authorized to make a recommendation to the Village Board based on the following criteria: A. Except for Prohibited signs (Chapter 14.32), the Village Planning & Zoning Commission may recommend approval or disapproval of a variance from the provisions or requirements of this Title subject to the following: Proposed single face illuminated ground sign 2.1.a Packet Pg. 4 At t a c h m e n t : S t a f f R e p o r t 5 5 W i l l o w P k w y ( C o n s i d e r a V a r i a t i o n t o t h e S i g n C o d e f o r 2 R e p l a c e m e n t S i g n s a t t h e W o o d l a n d s D e v e l o p m e n t ) 1. The literal interpretation and strict application of the provisions and requirements of this Title would cause undue and unnecessary hardships to the sign user because of unique or unusual conditions pertaining to the specific building, parcel or property in question; and 2. The granting of the requested variance would not be materially detrimental to the property owners in the vicinity; and 3. The unusual conditions applying to the specific property do not apply generally to other properties in the Village; and 4. The granting of the variance will not be contrary to the purpose of this Title pursuant to Section 14.04.020 B. Where there is insufficient evidence, in the opinion of the Planning & Zoning Commission, to support a finding under subsection (A), but some hardship does exist, the Planning & Zoning Commission may consider the requirement fulfilled if: 1. The proposed signage is of particularly good design and in particularly good taste; and 2. The entire site has been or will be particularly well landscaped. The petitioner shall respond to the standards at the public hearing. DEPARTMENTAL REVIEWS Village Department Comments Engineering The Village Engineer has reviewed the proposed ground sign location and does not have any engineering or line of sight concerns or objections with the proposed location of this ground sign. SURROUNDING PROPERTY OWNERS Pursuant to Village Code, the property owners within 250 feet of the subject property were notified and a public hearing sign was posted on the subject property. The posting of the public hearing sign and the mailed notifications were completed within the prescribed timeframe as required. To date, staff has received 5 inquiries of the proposed ground signs, however no objections were expressed. STAFF RECOMMENDATION Staff recommends approval, subject to the following conditions: 1. The proposed sign shall be constructed in accordance to the plans attached as part of the petition. 2. The landscape plan shall be revised in a manner acceptable to the Village Forester. ACTION REQUESTED The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony concerning the two variations. The PZC shall make a recommendation to the Village Board. 2.1.a Packet Pg. 5 At t a c h m e n t : S t a f f R e p o r t 5 5 W i l l o w P k w y ( C o n s i d e r a V a r i a t i o n t o t h e S i g n C o d e f o r 2 R e p l a c e m e n t S i g n s a t t h e W o o d l a n d s D e v e l o p m e n t ) 2.1.b Packet Pg. 6 At t a c h m e n t : P l a n S e t 1 ( C o n s i d e r a V a r i a t i o n t o t h e S i g n C o d e f o r 2 R e p l a c e m e n t S i g n s a t t h e W o o d l a n d s D e v e l o p m e n t ) 2.1.b Packet Pg. 7 At t a c h m e n t : P l a n S e t 1 ( C o n s i d e r a V a r i a t i o n t o t h e S i g n C o d e f o r 2 R e p l a c e m e n t S i g n s a t t h e W o o d l a n d s 2.1.b Packet Pg. 8 At t a c h m e n t : P l a n S e t 1 ( C o n s i d e r a V a r i a t i o n t o t h e S i g n C o d e f o r 2 R e p l a c e m e n t S i g n s a t t h e W o o d l a n d s 2.1.b Packet Pg. 9 At t a c h m e n t : P l a n S e t 1 ( C o n s i d e r a V a r i a t i o n t o t h e S i g n C o d e f o r 2 R e p l a c e m e n t S i g n s a t t h e W o o d l a n d s 2.1.b Packet Pg. 10 At t a c h m e n t : P l a n S e t 1 ( C o n s i d e r a V a r i a t i o n t o t h e S i g n C o d e f o r 2 R e p l a c e m e n t S i g n s a t t h e W o o d l a n d s 2.1.b Packet Pg. 11 At t a c h m e n t : P l a n S e t 1 ( C o n s i d e r a V a r i a t i o n t o t h e S i g n C o d e f o r 2 R e p l a c e m e n t S i g n s a t t h e W o o d l a n d s 2.1.b Packet Pg. 12 At t a c h m e n t : P l a n S e t 1 ( C o n s i d e r a V a r i a t i o n t o t h e S i g n C o d e f o r 2 R e p l a c e m e n t S i g n s a t t h e W o o d l a n d s 2.1.b Packet Pg. 13 At t a c h m e n t : P l a n S e t 1 ( C o n s i d e r a V a r i a t i o n t o t h e S i g n C o d e f o r 2 R e p l a c e m e n t S i g n s a t t h e W o o d l a n d s 2.1.b Packet Pg. 14 At t a c h m e n t : P l a n S e t 1 ( C o n s i d e r a V a r i a t i o n t o t h e S i g n C o d e f o r 2 R e p l a c e m e n t S i g n s a t t h e W o o d l a n d s Updated: 7/13/2018 2:27 PM Page 1 Action Item : Consider a Variation for an Electronic Ground Sign at 10 W Dundee Road Recommendation of Action Staff recommends approval, subject to the conditions in the attached staff report. Recently, the existing manually changing fuel ground sign was hit by a vehicle at the northwest corner of Buffalo Grove Rd and Dundee Rd. This damaged ground sign posed a safety concern with its structural instability, and its proximity to the sidewalk and the gas station. The Village requested for the existing sign to be removed and replaced for safety reasons. The existing fuel ground has been removed. As a result, the petitioner is proposing to replace the sign with a new larger sign. ATTACHMENTS:  Staff Report 10 W Dundee Rd (DOCX)  Plan Set (PDF) Trustee Liaison Staff Contact Ottenheimer Chris Stilling, Community Development Wednesday, July 18, 2018 2.2 Packet Pg. 15 VILLAGE OF BUFFALO GROVE PLANNING & ZONING COMMISSION STAFF REPORT MEETING DATE: July 18, 2018 SUBJECT PROPERTY LOCATION: 10 W Dundee Rd PETITIONER: Carlos Corniffe, Manager at Buchanan Energy (Bucky’s Express) PREPARED BY: Rati Akash, Planner I REQUEST: A variation for an electronic ground sign EXSITING LAND USE AND ZONING: The property is improved with an existing building and is zoned B3 Planned Business Center District COMPREHENSIVE PLAN: The 2009 Comprehensive Plan calls for this property to be commercial use PROJECT BACKGROUND Recently, the existing manually changing fuel ground sign was hit by a vehicle at the northwest corner of Buffalo Grove Rd and Dundee Rd. This damaged ground sign posed a safety concern with its structural instability, and its proximity to the sidewalk and the gas station. The Village requested for the existing sign to be removed and replaced for safety reasons. The existing fuel ground has been removed. As a result, the petitioner is proposing to replace the sign with a new larger sign. PLANNING & ZONING ANALYSIS Location The petitioner is proposing a seven (7) foot width by fifteen (15) foot in height electronic fuel ground sign to be located in the northwest corner of Buffalo Grove Rd and Dundee Rd intersection. Recently, the northwest corner of the intersection of Buffalo Grove and Dundee Rd was widened and additional ROW was taken to accommodate the roadway project. As a result, the existing sign (which has since been removed) was non-conforming in terms of setbacks. This proposed electronic fuel ground sign would be moved approximately three (3) feet to the west from where the existing sign was located. As proposed, the setback, at its closest point, from both Dundee Road and Buffalo Grove Road would be approximately eight (8) feet. This is due to the curvature of the ROW at the corner. Village Code requires a minimum setback of 15’. There is an existing 15’ watermain easement along the south and east property lines. That easement area has since been reduced as part of the ROW taking. The petitioner has moved the sign outside of the easement area. 2.2.a Packet Pg. 16 At t a c h m e n t : S t a f f R e p o r t 1 0 W D u n d e e R d ( C o n s i d e r a V a r i a t i o n f o r a n E l e c t r o n i c G r o u n d S i g n a t 1 0 W D u n d e e R o a d ) Sign Size Variations Requested 1. Variation from Section 14.20.070from the Buffalo Grove Sign Code for sign size. As proposed, the petitioner is proposing a 91 square foot freestanding sign. Pursuant to Code, the maximum allowed is 80 square feet. Overall, staff believes the request is reasonable given the need to have the fuel pricing shown. A similar request was granted for Bucky’s at their 1251 McHenry Road location. Therefore, staff supports the request. 2. Variation from Section 14.16.060 of the Buffalo Grove Sign Code for the setback of a sign. As proposed, the setback, at its closest point, from both Dundee Road and Buffalo Grove Road would be approximately eight (8) feet. This is due to the curvature of the ROW at the corner. Village Code requires a minimum setback of 15’. Given the ROW taking and the fact the proposed new sign would be in closer compliance to Code, staff supports the request. VARIATION STANDARDS Pursuant to the Village Code, the Planning & Zoning Commission is authorized to make a recommendation to the Village Board based on the following criteria: A. Except for Prohibited signs (Chapter 14.32), the Village Planning & Zoning Commission may recommend approval or disapproval of a variance from the provisions or requirements of this Title subject to the following: 1. The literal interpretation and strict application of the provisions and requirements of this Title would cause undue and unnecessary hardships to the sign user because of unique or unusual conditions pertaining to the specific building, parcel or property in question; and 2. The granting of the requested variance would not be materially detrimental to the property owners in the vicinity; and 3. The unusual conditions applying to the specific property do not apply generally to other properties in the Village; and 4. The granting of the variance will not be contrary to the purpose of this Title pursuant to Section 14.04.020 B. Where there is insufficient evidence, in the opinion of the Planning & Zoning Commission, to support a finding under subsection (A), but some hardship does exist, the Planning & Zoning Commission may consider the requirement fulfilled if: 1. The proposed signage is of particularly good design and in particularly good taste; and 2. The entire site has been or will be particularly well landscaped. The electronic fuel ground sign is a double faced digital aluminum frame illuminated with LED lighting. This aluminum frame is mounted over a two (2) foot stone base. The electronic fuel ground sign is seven (7) foot wide and fifteen (15) foot in height with a total square footage of 91 square feet in area. The maximum size allowed is 80 square feet in area. The proposed sign would meet all other code requirements. Proposed electronic fuel ground sign 2.2.a Packet Pg. 17 At t a c h m e n t : S t a f f R e p o r t 1 0 W D u n d e e R d ( C o n s i d e r a V a r i a t i o n f o r a n E l e c t r o n i c G r o u n d S i g n a t 1 0 W D u n d e e R o a d ) The petitioner shall respond to the standards at the public hearing. DEPARTMENTAL REVIEWS Village Department Comments Engineering The Village Engineer has reviewed the proposed ground sign location and does not have any engineering or line of sight concerns or objections with the proposed location of this ground sign. The sign SURROUNDING PROPERTY OWNERS Pursuant to Village Code, the property owners within 250 feet of the subject property were notified and a public hearing sign was posted on the subject property. The posting of the public hearing sign and the mailed notifications were completed within the prescribed timeframe as required. To date, staff has not received any public comments concerning this variance request. STAFF RECOMMENDATION Staff recommends approval for this variation subject to the following conditions: 1. The proposed electronic fuel ground sign shall be constructed in accordance to the plans and documents submitted as part of this petition and shall not be located in the existing watermain easement. ACTION REQUESTED The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony concerning the two variations. The PZC shall make a recommendation to the Village Board. 2.2.a Packet Pg. 18 At t a c h m e n t : S t a f f R e p o r t 1 0 W D u n d e e R d ( C o n s i d e r a V a r i a t i o n f o r a n E l e c t r o n i c G r o u n d S i g n a t 1 0 W D u n d e e R o a d ) Buchanan Energy 2500 BRICKVALE ROAD, ELK GROVE VILLAGE, IL 60007 (847)693-6767 ccorniffe@buchananenergy.com June 29, 2018 Planning & Zoning Commission Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60089 Buchanan Energy is the owner of the property located at: Bucky’s 405 10 W. Dundee Rd. Buffalo Grove, IL 68009 Buchanan Energy is requesting an application to remodel the canopy band and variances to install a new fuel ground sign. 1. Due to the electronic message area may not the maximum area that the ground sign could be for this parcel is reduced from 80 Sq. ft. 60 Sq. ft. A variance would be required for the proposed 91 Sq. ft. sign area. 2. Request a variation of proposed location of the electronic fuel ground sign which encroaches into the 15’ setback from the property line. FOR THE COMPANY: Carlos Corniffe Carlos Corniffe Territory Manager 2.2.b Packet Pg. 19 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n f o r a n E l e c t r o n i c G r o u n d S i g n a t 1 0 W D u n d e e R o a d ) 2.2.b Packet Pg. 20 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n f o r a n E l e c t r o n i c G r o u n d S i g n a t 1 0 W D u n d e e R o a d ) 2.2.b Packet Pg. 21 At t a c h m e n t : P l a n S e t ( C o n s i d e r a V a r i a t i o n f o r a n E l e c t r o n i c G r o u n d S i g n a t 1 0 W D u n d e e R o a d ) 07/9/2018 MINUTES OF THE RESCHEDULED 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 MONDAY, JULY 9, 2018 Call to Order The meeting was called to order at 7:32 PM by Chairman Frank Cesario Public Hearings/Items For Consideration 1. Consider a Variation for a Fence in the Corner Side Yard at 14 Chestnut Court (Trustee Stein) (Staff Contact: Chris Stilling) Ms. Jie Chen, 14 Chestnut Ct W, was present and sworn in. Ms. Chen explained that she would like to build a fence to line up with her neighbors. She just bought the house. She has a daughter and wants the fence for safety and security. She wants to match the neighbor’s fence for the aesthetics. The fence will allow her to care for her yard. The contractor is Fence Solutions. Com. Goldspiel asked about the style of fence. Katie Bashum, Fence Solutions, was present and sworn in. Ms. Bashum explained that the proposed fence will be a dog ear style. Instead of the top being flat, the edges of the fence boards are cut off. A picture was shown displaying the dog ear style fence. Com. Moodhe stated that the proposed fence is keeping with the neighbor’s fence, they are very similar. He is also impressed that the fence will go around the tree, rather than cutting the tree down. The fence will not encroach any more than other corner fences that have been allowed. He asked how far the fence would be off the property line. Ms. Bashum advised the fence would be ten (10) off the property line. Com. Weinstein stated that the Plat in the packet does not show the fence going around the tree. Ms. Chen confirmed that the fence will go around the tree. Com. Moodhe advised that there is a rendering further in the packet that reflects the fence going around the tree. There were no additional questions or comments from the Commissioners. Ch. Cesario entered the Staff Report dated July 9, 2018 as Exhibit 1. There were no questions from the audience. The public hearing was closed at 7:40 PM. Moved by Com. Weinstein, seconded by Com. Lesser, to grant the variation subject to the following conditions: 3.B.1 Packet Pg. 22 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 9 , 2 0 1 8 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 07/9/2018 1. The fence must be a dog ear solid wood fence, five (5) foot tall and setback a distance of ten (10) feet from the property line in accordance with the documents submitted as part of this petition. Ch. Cesario has no issues with the proposed fence and advised that relief is commonly granted for these types of requests. RESULT: APPROVED [UNANIMOUS] MOVER: Mitchell Weinstein, Commissioner SECONDER: Scott Lesser, Commissioner AYES: Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser, Weinstein ABSENT: Amy Au 2. Consider a Variaition for a Fence in the Corner Side Yard at 1403 Westchester Road (Trustee Ottenheimer) (Staff Contact: Chris Stilling) Mr. Greg Morand, 1403 Westchester Road, was present and sworn in. Mr. Morand explained that he is requesting to install a fence in his rear yard, consistent with his neighbor’s fence, for the safety of his grandchildren. Com. Goldspiel commented that there have been a lot of requests for solid fencing on corner lots. He will not hold up the Petitioner’s request. Rather, he wants to bring up the larger issue regarding solid fences and how they block the views. Open-style fencing provides a better sense of community and looks better. Mr. Morand advised that the front part of the fence would be open. He has a pie-shaped lot and the fencing in the rear probably will not be seen. The proposed fence will be setback over eight (8) feet from the property line and nine (9) feet (2) inches from the sidewalk. The proposed fence will not obstruct any views. He would like the privacy for his pets and grandchildren. Com. Goldspiel would like to see the Village encourage more open-style fencing. Com. Moodhe asked about the fencing on the interior side of the house and believes the fence would be close to the neighbor’s sidewalk. Mr. Stilling advised that the fence on the interior side of the property would be on or within the Petitioner’s property line. Com. Moodhe stated that the neighbor’s fence is four (4) feet in height and the proposed fence is five (5) feet in height. He asked why the Petitioner is requesting five (5) feet. Mr. Morand stated that a five (5) foot high fence is more secure and provides better privacy. In addition, the neighbor’s fence is existing. Com. Moodhe asked if the Petitioner considered a four (4) foot high fence. Mr. Morand replied no, he prefers a five (5) foot high fence. Ch. Cesario stated that the property is well treed and he appreciates that. There were no additional questions or comments from the Commissioners. Ch. Cesario entered the Staff Report dated July 9, 2018 as Exhibit 1. There were no questions from the audience. 3.B.1 Packet Pg. 23 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 9 , 2 0 1 8 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 07/9/2018 The public hearing was closed at 7:50 PM. Moved by Com. Weinstein, seconded by Com. Cohn, to grant the variation subject to the following conditions: 1. The fence must be a solid privacy fence, five (5) feet tall and setback a distance of (8) feet and two (2) inches from the property line in accordance with the documents submitted as part of this petition. Ch. Cesario stated that he likes open green space. He also believes that a homeowner should be allowed to build the fence type of fence they want so long as it is consistent with the area but with a preference to an open look.. RESULT: APPROVED [UNANIMOUS] MOVER: Mitchell Weinstein, Commissioner SECONDER: Matthew Cohn, Commissioner AYES: Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser, Weinstein ABSENT: Amy Au 3. Public Hearing- Small Wireless Facility Regulations (Trustee Ottenheimer) (Staff Contact: Chris Stilling) Mr. Stilling, Director of Community Development, was present and sworn in. Mr. Stilling explained that he is presenting the final draft Ordinance concerning regulating small cell wireless facilities in response to the State regulations that were recently passed. He advised that if a small cell wireless unit is to be located in a right-of-way, the Village has to allow it. If the utility pole is located in an easement, it is only allowed in certain zoning districts. The Village took the IML draft Ordinance and maximized the Village’s rights concerning fees, height, etc. A new Chapter will be created in the Zoning Ordinance to address small cell wireless facilities. The Village would still have the ability to regulate them in Residential Districts and Planned Unit Developments. A Petitioner could request a variation if the proposed antenna height would exceed what is permitted under the proposed Ordinance. Com. Moodhe asked about the definitions of Municipal utility pole and Utility pole. Mr. Raysa explained that via the definitions, a Municipal utility pole is a type of utility pole. He also advised that the definitions come straight from the State Act. Com. Moodhe asked about a standard height for street lights. Mr. Stilling advised that the Village has a standard height for Village-owned street lights. However, street lights owned by others, such as the County, have their own standards. Com. Moodhe as ked about abandonment and how it is to be determined that the facility has been abandoned. Mr. Raysa responded that the Village can ask the provider. Mr. Stilling added that the Village will have more control over facilities on Village-owned poles. Ch. Cesario asked Mr. Raysa which county would handle legal disputes regarding this matter. Mr. Raysa responded that because Village Hall falls within Cook County, any legal dispute would be brought in Cook County. Com. Cohn also asked about abandonment and if it was considered to request a bond from a provider. Mr. Stilling responded that the Act allows the Village to address abandonment, but the Village may not be able to on a County-owned pole. He added that 3.B.1 Packet Pg. 24 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 9 , 2 0 1 8 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 07/9/2018 the Village could invoke the County to address, if needed. Com. Cohn asked about the height limitations and if they can extend ten (10) feet above the top of the pole or forty five (45) feet above ground level. Mr. Stilling responded that the Act allows that. They are limited to six (6) cubic feet for equipment with an overall twenty five (25) cubic feet in volume. Ch. Cesario confirmed that the equipment cannot extend more than forty five (45) feet off the ground. Com. Lesser stated that the Village can include language that pertains to maintenance, restoring, etc., on municipal poles. However he asked that a follow up question to the IML be asked regarding poles that are not owned by the Village and how will they be handled? Mr. Stilling advised that the Ordinance may change after its passage as these small cells roll out. He believes that there is an annual fee. However that may only pertain to Village-owned poles. Com. Lesser stated that the purpose of the Ordinance is to hold the providers accountable. It would be nice to collect a deposit. Com. Goldspiel asked about the percentage of poles that would have these small cell facilities on them. Mr. Stilling advised that he does not know. He believes that these small cells are to provide capacity for the upcoming 5G roll out. Soon they may be so common you will not even see them anymore. He does not believe they will be as intrusive as the towers and they will hopefully replace the towers, except for emergency response communications. Com. Goldspiel asked about the range of the small cells. Mr. Stilling stated that it could be anywhere from 200-1,000 feet. It will vary with the 5G. Com. Moodhe asked about the height restrictions. Mr. Stilling responded that the equipment may not exceed the higher of either ten (10) feet above the pole or forty five (45) feet in height. Com. Moodhe asked about a bond requirement and asked why the State did not require. Mr. Raysa will ask the IML attorney. Ch. Cesario stated that the proposed Ordinance was drafted to maximize what the Village can do under the State Act. He believes this is a good solution but does not like that it is being dictated. He asked about the timeline to act on these regulations. Mr. Raysa advised that the Village must have regulations in place by August 1, 2018 or the Village will not be able to charge fees. Mr. Stilling added that the Village can re-address some issues after the passage of the Ordinance. Mr. Raysa will contact the IML attorney about the bonding issue. Com. Moodhe commented that the State dictating the rules is frustrating. He would like the Village to go back and look at the bonding issue. There were no additional questions or comments from the Commissioners. Ch. Cesario entered the Staff Report dated July 9, 2018 as Exhibit 1. The public hearing was closed at 8:17 PM. 3.B.1 Packet Pg. 25 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 9 , 2 0 1 8 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 07/9/2018 Moved by Com. Weinstein, seconded by Com. Khan, to make a positive recommendation to the Village Board to approve the Ordinance. Com. Cohn supports the motion and asks staff to explore the issue with abandonment. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 7/16/2018 7:30 PM MOVER: Mitchell Weinstein, Commissioner SECONDER: Zill Khan, Commissioner AYES: Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser, Weinstein ABSENT: Amy Au Regular Meeting Other Matters for Discussion None. Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - Jun 20, 2018 7:30 PM Moved by Com. Weinstein, seconded by Com. Lesser, to approve the minutes of the June 20, 2018 regular Planning & Zoning Commission meeting as submitted. RESULT: ACCEPTED [5 TO 0] MOVER: Mitchell Weinstein, Commissioner SECONDER: Scott Lesser, Commissioner AYES: Cesario, Goldspiel, Khan, Lesser, Weinstein ABSTAIN: Adam Moodhe, Matthew Cohn ABSENT: Amy Au Chairman's Report None. Committee and Liaison Reports None. Staff Report/Future Agenda Schedule Ms. Woods advised that the next meeting will be on July 18, 2018. There will be two (2) public hearings; one for Bucky's ground sign and one for the Courtyards at the Woodlands signs. The training has been pushed back to October. Most likely it will be a Special meeting since the trainers do not like to have anything on the agenda. Public Comments and Questions None. 3.B.1 Packet Pg. 26 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 9 , 2 0 1 8 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s ) 07/9/2018 Adjournment The meeting was adjourned at 8:21 PM Chris Stilling APPROVED BY ME THIS 9th DAY OF July , 2018 3.B.1 Packet Pg. 27 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 9 , 2 0 1 8 7 : 3 0 P M ( A p p r o v a l o f M i n u t e s )