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HomeMy WebLinkAboutPLAN COMMISSION - Docket 22-9, Text Amendment Chapter 7E-6, Docket 22-10 Section 5-5, Section 5-2Elk Grove Village Plan Commission Minutes November 7, 2022 Present: J. Glass S. Carlson F. Geinosky G. Schumm K. Weiner J. Morrill P. Rettberg R. DeFrenza Absent: L. Bacigalupo Staff: C. Gabiga, Assistant Village Manager B. Kozor, Deputy Director of Community Development Petitioner: B. Kozor, Village of Elk Grove (Item #2A) B. Kozor, Village of Elk Grove (Item #213) Chairman Glass called the meeting to order at 7:00 p.m. Item 1: September 19, 2022 Meeting Minutes Commissioner Weiner moved to approve the meeting minutes of September 19, 2022. Commissioner Rettberg seconded the motion. Upon voting (Glass, Carlson, Schumm, Weiner, Morrill, Rettberg, Geinosky, AYES; DeFrenza, ABSTAIN), the motion passed. Item 2A: PC Docket #22-9: Text Amendment to Zoning Ordinance Chapter 7E-6: Prohibited Uses In All Industrial Districts Chairman Glass read the legal notice into the record and asked the Petitioner to explain their purpose before the Plan Commission. B. Kozor stated that Village staff recently became aware of ancillary residential uses in the Business Park. B. Kozor explained that this ancillary residential use is part of a contract agreement with an employee and employer to live on -site at the facility to provide 24/7 supervision and care over the business. 1 The ancillary residential uses identified were in two locations, the CubeSmart Self Storage located at 1750 Busse Road and Public Storage located at 2901 Touhy Avenue. B. Kozor explained that with the current size, expansion, and state of the Business Park, Industrial zoning districts are no longer conducive for accessory residential facilities. Chairman Glass asked how many facilities in the Village have residential ancillary uses. B. Kozor stated that staff is aware of only two residential ancillary uses in the Village. Chairman Glass asked whether the residential ancillary uses are typical for storage facilities to provide access 24/7. B. Kozor stated that they are. In the past, residential accessory uses were more common as a component of storage facilities. B. Kozor advised that the Village has no records on file of where and when the residential accessory facilities were installed and approved. B. Kozor explained that during a site visit, staff inspected both locations and confirmed residential accessory facilities were purposefully constructed and are existing in the two storage facility locations. Chairman Glass asked how the Village made the discovery that this type of residential accessory use existed. C. Gabiga explained that with the recent gift card initiative, residents were encouraged to call the Village if they did not receive a gift card. The Village received calls from two individuals who explained that they were residents in the Village and provided home addresses that were associated with the two locations of the storage facilities in the Village's Business Park. The individuals explained their work and living situations are through a contract agreement with their employees to live on -site and provide 24/7 security, access, and care over the business. Staff then looked into this further and the residential accessory use was permitted in the current Zoning Code. Chairman Glass asked whether the two individuals identified at the storage facilities will be allowed to remain. C. Gabiga stated that the existing residential accessory uses and individuals will be permitted to remain, but no new accessory residential uses will be permitted in the Village's Industrial Zoning Districts. Chairman Glass asked whether Community Development would have reviewed building plans and identified residential accessory facilities. B. Kozor advised that Community Development was unable to find original copies of the documents from the time of construction. The more recent remodeling that happened on both of the facilities was outside of the residential component of the buildings. 2 Chairman Glass asked if this text amendment were to be approved, would the existing uses be grandfathered in and stop future requests. B. Kozor confirmed that the existing residential facilities will remain and be considered legal non- conforming and no new accessory residential uses will be permitted in Industrial Districts. Commissioner Geinosky asked the petitioner to confirm the section that will be deleted from the Zoning Ordinance. B. Kozor indicated that Zoning Ordinance Chapter 7E-6.B: "Uses Prohibited in I-1 And I-2 Industrial Districts: All residential uses, including mobile homes and mobile home parks". This will remain and the text "but excluding apartment residence facilities for use by owners or caretakers of the permitted primary use" will be deleted. RECOMMENDATION Commissioner Geinosky moved to recommend approval of a Text Amendment to amend Village of Elk Grove Zoning Ordinance Chapter 7E-6 Prohibited Uses In All Industrial Districts by deleting the residential accessory facilities associated with a permitted primary use. Commissioner Weiner seconded the motion. Upon voting (Glass, Carlson, Geinosky, DeFrenza, Schumm, Rettberg, Weiner, Morill AYES), the motion carried unanimously. Item 2B: PC Docket # 22-10 — Text Amendment to Zoning Ordinance Section 5-5: Location of Planned Development and Zoning Ordinance Section 5-2 Procedure Chairman Glass read the legal notice and proposed changes to the Text Amendments into the record and asked the Petitioner to explain their purpose before the Plan Commission. B. Kozor stated that in reference to Zoning Ordinance Chapter 5-5: Location of Planned Development, Planned Developments are currently only considered as a Special Use in the R-4, A-1, A-2, B-1, B-2 and B-3 Zoning Districts. B. Kozor explained that upcoming developments in the community will require an expansion of the current code to include additional Zoning Districts for a Planned Development. This change will provide flexibility and control for future redevelopment and annexation projects. Chairman Glass asked what is specifically being changed aside from the addition of Zoning Districts. B. Kozor advised that Zoning Ordinance Chapter 5-5 is only in reference to expanding the areas allowed by the Zoning Code to include a Planned Development. 3 Chairman Glass inquired about the need for amending Zoning Ordinance Chapter 5-5 Locations of Planned Developments. B. Kozor stated that this amendment is needed in anticipation of upcoming developments that are not located in the Zoning Districts where Planned Developments are considered in the current zoning code. Currently, Planned Developments are only considered in the R-4, A-1, A-2, B-1, B- 2 and B-3 Zoning Districts and the amendment will allow for Planned Developments to be considered in all Village Zoning Districts. Commissioner Geinosky asked who the Zoning Administrator is for the Village. B. Kozor stated that the Community Development Director is the Zoning Administrator for the Village of Elk Grove. Commissioner Geinosky asked the Petitioner to explain a Planned Development. B. Kozor explained a Planned Development is a specific zoning area that is associated with an approved plat of subdivision. Anticipated Planned Developments may be proposed within zoning districts currently not specified in the current code and may have mixed -use components which may require multiple zoning districts to be allowed within one Planned Development. Commissioner Geinosky asked whether the Arlington Heights and Higgins Road Plaza will be considered a Planned Development. B. Kozor stated that Elk Grove Woods Plaza RFP will be considered a Planned Development, with certain guidelines and mixed -use components. Commissioner Geinosky stated this is a unique part of the code that has its own chapter and that it is important to note the rules and regulations that apply in other zoning districts throughout the zoning ordinance may not apply to a Planned Development and its potential. Commissioner Schumm asked whether the referenced Planned Development is meant as a Planned Unit Development. B. Kozor explained that the Village Zoning Code uses Planned Development and does not include the word "unit". The terms are interchangeable. Chairman Glass added that several years ago, the decision to not include the word "unit" in the term was to avoid specifying the number of units as sheds, residential units, and other structures. B. Kozor explained that Zoning Ordinance Chapter 5-2: Procedure; does not sufficiently define major and minor changes to a Planned Development. The text amendment will provide more current language and define the major and minor changes. 4 RECOMMENDATION Commissioner Schumm moved to recommend approval of the text amendment as follows: Amend Elk Grove Zoning Ordinance Section 5-5 Location of Planned Developments by replacing current text in its entirety with the following: 5-5: Location of Planned Developments: Planned Development is authorized as a Special Use in all Zoning Districts listed in Chapter 7 of this Zoning Code subject to the standards therein set forth. Amend Elk Grove Zoning Ordinance Section 5-2 Procedure by replacing Subsection E in its entirety with the following: E. Changes to the Planned Development: The Planned Development shall be developed in accordance with the approved plan, recorded plat and supporting data. The approved plan, recorded final plat and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors and assigns and shall limit and control the use of the premises and location of structures in the Planned Development project as set forth therein. 1. Major Changes: Any of the following changes shall be deemed to be major changes, which may be approved only by submission of a new preliminary plan and/or plat, and supporting data, following the procedures set forth in this Section. a. Increase: A greater than five percent (5%) increase, based on the approved plan and plat of Planned Development for the project, in any of the following components: total gross floor area of all of the buildings in the project, or total number of dwelling units, unless otherwise restricted by the ordinance granting the Special Use for the Planned Development. b. Decrease: A greater than five percent (5%) decrease, based on the approved plan and plat of Planned Development for the project, to any of the following components: total number of parking spaces, total percentage of open space, or total percentage of landscaped area, unless otherwise restricted by the ordinance granting the Special Use for the Planned Development. c. Building Height Increase: A greater than ten percent (10%) increase in height. d. Classification Change: A change in the functional classification of an area, the types of dwelling units, or the types of land uses permitted within the Planned Development. e. An increase in any previously approved deviation for the Planned Development that would result in a change from the original plan that exceeds the limits set forth above. 2. Minor Changes: Minor changes shall be changes not defined as major changes. The Zoning Administrator may approve minor changes in the Planned Development, provided they do not change the concept or the intent of the development. This process does not require going through the preliminary approval steps aforementioned. However, if the Zoning Administrator deems it advisable, in their sole discretion, they may require that any such minor change be submitted to the Plan Commission for review and recommendation, without the requirement of a public hearing, prior to the minor change being submitted to the Mayor and Board of Trustees for approval. Commissioner Weiner seconded the motion. Upon voting (Glass, Carlson, Geinosky, DeFrenza, Rettberg, Schumm, Morill, Weiner, AYES), the motion carried unanimously. Item 3: Adjournment The meeting adjourned at 7:31 p.m. Respectfully submitted, Caroline Gabiga Assistant Village Manager C: Chairman and Members of the Plan Commission, Mayor and Board of Trustees, Village Clerk