TEXT AMENDMENT TO THE MUNICIPAL CODE OF THE VILLAGE OF GLENVIEW

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1 Village of Glenview Plan Commission STAFF REPORT December 13, 2016 TO: Chairman and Plan Commissioners FROM: Community Development Department CASE MANAGER: Jeff Rogers, Planning Manager CASE # : PROJECT NAME: P (b) Text Amendment regarding Windmills, Wind Turbines, and Refuse Dumpsters SUBJECT: Text Amendment to Chapter 98 of the Municipal Code ACTION REQUESTED: Staff requests consideration of a Plan Commission recommendation to the Board of Trustees. APPLICANT / CONTACT: Planning Division Village of Glenview 2500 East Lake Avenue Glenview, IL Tel: (847) TEXT AMENDMENT TO THE MUNICIPAL CODE OF THE VILLAGE OF GLENVIEW PROPOSAL: Staff requests Plan Commission consideration of a proposed text amendment to the Municipal Code, Chapter 98, Zoning., Article I. and Article V. Accessory Uses and Home Occupations. The proposed amendment is intended as a general housekeeping update for the sake of transparency both to further clarify requirements of the Code and incorporate various policy interpretations currently employed by the Department. Staff Report Disclaimer: Village staff makes no representations regarding support, endorsement, or the likelihood of approval or disapproval by any Glenview regulatory commission or the Board of Trustees.

2 Project Summary BACKGROUND: Chapter 98 of the Glenview Municipal Code is amended from time-to-time to reflect interpretations by staff regarding emerging property maintenance and zoning requirements. The various text amendments proposed at this time are intended to solicit Plan Commission and Board of Trustees input regarding recent staff interpretations and enforcement practices of the Department, adding clarity for the benefit of both staff and the public. The proposed text amendments would clarify requirements applicable to the following accessory and/or temporary uses: a.) bulk regulations applicable to windmills and wind turbines; and b.) provisions regulating temporary refuse dumpsters. 2

3 Plan Commission Review Staff requests the Plan Commission s review and comment regarding the proposed text amendments prior to a recommendation for approval to the Village Board of Trustees. PROPOSAL: Staff has provided a summary of the specific conditions precipitating consideration of the various proposed text amendments. The amendments are listed in chronological order as they would appear in the text of the Code. Staff requests consideration and public comment regarding the following amendments. All proposed revisions/additions to the text of the Code are depicted in red font. Windmills and Wind Turbines Similar to solar panels, energy generators harnessing wind power have become more prevalent throughout private construction within the Village. Staff proposes the following amendment to clarify that windmills and wind turbines solar panels must comply with maximum building height requirements and shall be setback at sufficient distances to allow for installation, maintenance, and removal, wholly upon a single lot. Additionally, the provision would clarify that only one such system would be permitted per lot: Sec Same Specific examples. (b) Any of the following buildings, structures, or uses may be an accessory use, provided that such buildings, structures, or uses fit the general definition of the term "accessory use" as set forth in section and comply with the bulk regulations set forth in section , except as otherwise provided in accordance with the following conditions: (19) A Windmill or wind turbine except in front yards and side yards abutting a street, subject to the following requirements: a. The height of any windmill or wind turbine shall be permitted to exceed the maximum building height for the district in which it is located by up to 20.0 feet. b. The minimum rear yard and interior side yard setbacks shall be equal to the height of the windmill or wind turbine. Storage Containers and Refuse Dumpsters With the growing popularity of the use of storage containers to facilitate moves and transfer of seasonal property to and from storage facilities, as well as the use of storage containers and refuse dumpsters on construction sites, staff has developed a draft policy to allow for the responsible use of such receptacles within the Village. The following is a draft ordinance which would allow for the use of these uses on a temporary basis: Sec Temporary uses. The following uses of land are permitted in each district, subject to the specific regulations and time limits which follow and the regulations of the district in which the use is located: (3) Contractors' offices containing no sleeping or cooking accommodations, and equipment sheds, commercial storage containers, and refuse dumpsters without lockable covers and 3

4 with heights of less than 6.0 feet, within the extents of a site development fence, and refuse dumpsters with lockable covers and heights of 6.0 feet or greater, each accessory to a construction project, shall continue only during the duration of such project. PUBLIC OUTREACH: Staff has distributed copies of this staff report to local green technology and sports court installation contractors for feedback and comment. As of press time, correspondence has been received from several area contractors regarding regulations for proposed windmills and wind turbines. Copies of this correspondence are attached to this report. 4

5 Technical Review PUBLIC OUTREACH: A. 10/06/16 Public Notice Published in the Glenview Lantern B. 10/25/16 Plan Commission Consideration C. 11/10/16 Plan Commission Consideration D. 12/13/16 Plan Commission Consideration E. TBD Village Board of Trustees First Consideration F. TBD Village Board of Trustees Second Consideration 2016 A B C D Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2017 E F Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec REQUIRED APPROVAL(s): The following chart details the necessary required approvals: Required Regulatory Review A. Text Amendment to the Municipal Code B. Annexation C. Annexation with Annexation Agreement D. Comprehensive Plan Amendment E. Official Map Amendment F. Rezoning G. Planned Development H. Conditional Use I. Final Site Plan Review J. Second Curb Cut K. Subdivision (Preliminary, Final, and Waivers) L. Variation(s) (Zoning Board of Appeals) M. Certificate of Appropriateness (Appearance Commission) N. Final Engineering Approval & Outside Agency Permits O. Building Permits P. Building & Engineering Inspections Q. Recorded Documents (Development Agreements, Easements, Covenants, etc.) R. Business License S. Certificate of Occupancy 5

6 Attachments & Exhibits 1. Sample Motion 2. Public Notice 3. Correspondence 6

7 Sample Motion Based upon staff s materials, testimony, and discussion relating to the petition, I move in the case of P , Text Amendment to Chapter 98 of the Municipal Code, that the Plan Commission recommend the Village Board of Trustees grant approval, in accordance with the following content amendments and additions: Sec Same Specific examples. (b) Any of the following buildings, structures, or uses may be an accessory use, provided that such buildings, structures, or uses fit the general definition of the term "accessory use" as set forth in section and comply with the bulk regulations set forth in section , except as otherwise provided in accordance with the following conditions: (19) A Windmill or wind turbine except in front yards and side yards abutting a street, subject to the following requirements: a. The height of any windmill or wind turbine shall be permitted to exceed the maximum building height for the district in which it is located by up to 20.0 feet. b. The minimum rear yard and interior side yard setbacks shall be equal to the height of the windmill or wind turbine. Sec Temporary uses. The following uses of land are permitted in each district, subject to the specific regulations and time limits which follow and the regulations of the district in which the use is located: (3) Contractors' offices containing no sleeping or cooking accommodations, and equipment sheds, commercial storage containers, and refuse dumpsters without lockable covers and with heights of less than 6.0 feet, within the extents of a site development fence, and refuse dumpsters with lockable covers and heights of 6.0 feet or greater, each accessory to a construction project, shall continue only during the duration of such project. 7

8 VILLAGE OF GLENVIEW PUBLIC NOTICE P PROPOSED TEXT AMENDMENT Notice is hereby given that a Public Hearing will be held by the Glenview Plan Commission on Tuesday, October 25, 2016 at 7:00 p.m. at the Village Hall, 2500 East Lake Avenue, Glenview, Illinois to consider proposed amendments to Zoning, Chapter 98, Article I., In General, and Article IV, Accessory Uses and Home Occupations and any related provisions of the Glenview Municipal Code and Zoning Ordinance so as to amend the requirements for accessory uses and permitted obstructions in required yards. All persons interested should attend and will be given an opportunity to be heard. For further information, please call Jeff Rogers, Planning Manager, at (847) Glenview Plan Commission Steven K. Bucklin, Chairman ATTEST: Jeff Rogers, AICP Planning Manager Publication Date: October 6,

9 From: mark Winsol Sent: Tuesday, October 25, :03 PM To: Jeff Rogers Subject: RE: Village of Glenview Ordinance Text Amendment re: Sports Courts, Quantity of Kitchens, Bay Additions, Solar Panels, Windmills, and Storage Units Jeff, Having some exposure to residential wind tubine installation, I just want to point out that unless the turbine is mounted high - we're talking 40, 50, 80 feet up - it simply does not produce enough power to justify it's installation. Many businesses place them to draw interest and many of these are not wired because, if they are, they do not turn. Solar installation, on the other hand, is a great way to suppliment residential power needs. My two cents. Many Thanks, Mark Winsol Power Company Glenview

10 From: Ron Cowgill Sent: Monday, October 24, :46 PM To: Jeff Rogers Subject: RE: Village of Glenview Ordinance Text Amendment re: Sports Courts, Quantity of Kitchens, Bay Additions, Solar Panels, Windmills, and Storage Units Hello Jeff, I just received your about the meeting. Due to the short notice I cannot make the meeting tomorrow. I already have appointments set up. I do not have any issues with the changes except: 1. If you restrict the height of a turbine to standard building height requirements, you a effectively saying no turbines in the village. Standard site evaluations for a turbine installation state the turbine should be a minimum of 20 feet higher than any obstruction within a ¼ mile. Anything less than that the turbine will not perform as designed. The height restriction of ½ the width of a lot already limits the placement to large residential lots and industrial locations. (due to the noise this is wise) 2. Mobile storage containers should be allowed for 5 business days. Sometimes those companies do not move that fast. 3 days is not long enough to have it dropped off, loaded and then have it pulled. Giving the homeowner 5 business days and the weekend to load it is more realistic. With more notification, I would be happy to join the meetings. Thanks, Ron Ron Cowgill MCR, CKBR, GCP, UDCP D/R Services Unlimited, Inc. WinSol Power Company, Inc Johns Dr. Glenview, IL 60025

11 EXCERPT FROM MINUTES OF OCTOBER 25, 2016 PLAN COMMISSION MEETING: P Sports Courts and Accessory Uses Text Amendment (Public Hearing) Chairman Bucklin called the case and asked staff for clarification regarding the procedural schedule of this text amendment. Chairman Bucklin discussed continuing the case to a future agenda in light of the correspondence received prior to the meeting. However, Mr. Rogers clarified that continuing the case would cause a delay that would render the portion of the text amendment pertaining to ice rinks ineffective for this season as such structures would likely be installed in December. Mr. Rogers explained that the Plan Commission may choose to continue the entire item or discuss portions of the proposed amendment. Commission Fallon confirmed that the majority of the proposed changes as outlined in staff s report appeared acceptable, however additional consideration of windmills, wind turbines, and regulations relating to refuse dumpsters. Chairman Bucklin asked that Mr. Rogers provide a brief overview of the changes with particular focus on those subjects with time constraints. Mr. Rogers summarized the proposed changes to the municipal code which included amendments regarding the following: the quantity of kitchens in a single-family residence; bulk regulations applicable to solar panels; the quantity of sports goals upon a property; bulk regulations applicable to bay additions; bulk regulations applicable to windmills and wind turbines; and provisions regulating temporary storage containers and refuse dumpsters. Mr. Rogers explained that many of these changes were adoptions of Village staff s current interpretations. Mr. Rogers reviewed clarifications regarding requirements applicable to cooking spaces which provide clarify to indicate staff s current practice of limiting indoor cooking spaces to one per residence. Commissioner Fallon confirmed that provided outdoor kitchen installations would still be allowed, he was in support of this change to the ordinance. Mr. Rogers explained proposed changes to ordinance requirements regarding sports goals and sports courts. As proposed, various sports courts would be allowed to include two sports goals provided such installations would comply with existing requirements restricting placement in front yards and side yards abutting streets. Commissioner Fallon inquired about the prevalence throughout the community of basketball hoops in close proximity to side lot lines. 9

12 Mr. Rogers clarified that many of these structures have been installed without permits or zoning compliance review and are illegal nonconforming if they do not meet a minimum side yard setback of 10.0 feet. Mr. Rogers reviewed proposed text clarifying definitions and requirements applicable to bay additions. As proposed, the difference to bay additions and bay windows would be clarified. Additionally, the types of bays which would be allowed to encroach up to 24 inches into a required setback were revised to include bay windows and bay additions without foundations. Mr. Rogers confirmed that for the sake of time, proposed amendments relating to windmills and wind turbines would be postponed to a future public hearing. Mr. Rogers reviewed proposed amendments to the Code regarding storage containers and refuse dumpsters. As proposed, both storage containers and dumpsters would be allowed upon construction sites within the extents of a site development fence. Also, mobile storage containers would be permitted upon driveways for up to three consecutive days for up to six days per year. Commissioner Fallon described that an received from the public requested a longer time for mobile storage containers. Commissioner Igleski inquired about alternate possible time frames the Plan Commission would consider. Commissioner Burton agreed that a longer time frame is warranted. Mr. Rogers proposed amending the text to allow for up to five consecutive days for up to 10 days per year. The commissioners concurred. Commissioner Igleski inquired about requirements for refuse dumpsters associated with remodeling projects and suggested an alternative for refuse dumpsters associated with those permit types which would not typically have site development fences. Commissioner Burton inquired about dumpsters with a height of six feet. Mr. Rogers confirmed that such dumpsters in effect provide similar protection as a site development fence at a similar height and that revised language will be proposed at a future meeting which addresses this concern. Chairman Bucklin opened the public hearing. No one came forward to speak regarding the proposed text amendment. Chairman Bucklin closed the public hearing for this meeting subject to additional consideration and testimony regarding windmills and wind turbines. Commissioner Witt moved to approve the following additions to Chapter 98, Article I. In General, and Article IV. Accessory Uses and Temporary Uses, as follows: 10

13 Sec Definitions. Bay addition means an extension of interior floor space which protrudes from the façade of a structure whether with or without a foundation which includes open space from the finished floor to the ceiling without a window seat, bench, shelf, or other barrier internal to the space which obstructs the floor area. Cooking space means an area used for food preparation including the use of kitchen appliances including stoves, ranges, ovens, microwaves, refrigerators, freezers, mixing equipment, blenders, and similar appliances but shall exclude secondary beverage service areas improved with only bar counters, sinks, compact refrigerators, freestanding freezers, dishwashers, and/or wine cellars. Dwelling unit means one or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use by one family, and which includes one cooking space and lawful sanitary facilities reserved for the occupants thereof. Maximum building size (MBS) means the cumulative total square footage of a building, based on the outside dimensions of the building, including related accessory buildings, such as attached or detached garages, whether above or below grade, guesthouses and pool houses, and bay additions, excluding sheds, detached gazebos, open porches, bay windows, basements and attics. Calculation of square footage shall be measured at a point no greater than six feet above the floor surface of each story. When calculating the MBS, the area of the lot shall be: (1) The lot size, as defined in this chapter; or (2) For lots in which the length of the lot is greater than three times the width of the lot, an area calculated by multiplying the lot width by three times the lot width. Sec Same Specific examples. (a) Any of the following buildings, structures or uses may be an accessory use, provided that such buildings, structure or uses fit the general definition of the term "accessory use" as set forth in section and comply with the bulk regulations set forth in section : (8) Private utility infrastructure including air conditioning condensers, electric generators, vehicle charging equipment, water tanks, above ground fuel tanks, solar panels, and other similar devices. (b) Any of the following buildings, structures, or uses may be an accessory use, provided that such buildings, structures, or uses fit the general definition of the term "accessory use" as set forth in section and comply with the bulk regulations set forth in section , except as otherwise provided in accordance with the following conditions: 11

14 (8) Recreational equipment, except in front yards or side yards abutting a street; however, basketball equipment and other sports goal equipment shall be subject to the following requirements: a. Two One backboards and hoops, goals, or nets, shall be allowed per lot, except only one backboard and hoop, goal, or net shall be allowed within a front yard or side yard abutting a street or closer to any front lot line or side lot line abutting a street than the nearest wall of the principal residence upon the lot. b. A backboard and hoop shall be set back from any front lot line, rear lot line, or side lot line abutting a street at a minimum distance equal to one-half the setback required in accordance with section c. The backboard and hoop, goal, or net, shall not be located closer than ten feet from an interior side lot line, regardless of whether the equipment is placed in a rear, side, or front yard. (9) Sports courts, except in front yards or side yards abutting a street, subject to a minimum setback of ten feet to any lot line, provided that basketball equipment and other sports goal equipment comply with the requirements of subsection (8) of this section. (15) The following permitted obstructions in required yards: b. Bay windows, bay additions without foundations, and balconies projecting not more than 24 inches into required front, rear or side yards for a width not greater than ten feet. Sec Temporary uses. The following uses of land are permitted in each district, subject to the specific regulations and time limits which follow and the regulations of the district in which the use is located: (8) Mobile storage containers in residential districts upon private property only upon a driveway and when accessory to a principal residence, and shall continue only for a period of up to five consecutive days and upon no more than ten days in any calendar year. Commissioner Igleski seconded the motion. YEAS: NAYS: ABSTAIN: Commissioners Igleski, Witt, Burton, and Fallon None None Motion carried. 12

15 Commissioner Fallon moved to continue the consideration of the portions of P relating to windmills, wind turbines, and refuse dumpsters associated with construction projects to November 10, Commissioner Witt seconded the motion. YEAS: NAYS: ABSTAIN: Commissioners Igleski, Witt, Burton, and Fallon None None Motion carried. 13