HomeMy WebLinkAboutPLAN COMMISSION - 11/16/1994 - ZONING ORDINANCE RECODIFICATION ELK GROVE VILLAGE
Plan Commission Minutes
November 16, 1994
8:00 p.m.
Present: F. Geinosky, Chairman
C. Henrici
J. McAllister
R. Guzzardi
P. Ayers
D. Paliganoff
Absent: P. Feichter, Secretary
J. Meyers
Staff: R. Farrell, Administrative Assistant
A. Boffice, Director Of Engineering/Community Development
G. Knickerbocker, village Attorney
Petitioner: N. Czarnik, JPZ Committee Chairman
Chairman Geinosky called the meeting to order at 8:05 p.m.
Item A: Zoning Ordinance Recodification and Text Amendments
Public Hearing
Chairman Geinosky asked for an explanation of each proposed text
amendment to the Zoning Ordinance. It was noted that the village
Attorney prepared an ordinance (attached) including the various text
amendments.
Knickerbocker explained that the first amendment removes ambiguity
regarding surfaces on which to park and store vehicles. The amendment
requires parking and storing of vehicles on hard surfaces only.
Commissioner Henrici questioned why the phrase "exclusive of
required yards" was added to tae amendment. Boffice stated that other
sections of the ordinance address parking in required yards and
therefore "required yards" does not need to be addressed in this
section.
Knickerbocker stated that the second amendment would transfer the
authority to grant 19 foot stalls with 17 feet of pavement and 2 feet
of landscape overhang from the Plan Commission to the
Engineering/Community Development Department. Knickerbocker stated
that these requests have consistently been approved by the Plan
Commission when recommended by staff.
Knickerbocker stated that the third amendment relates to the first
amendment in requiring the parking and storing of vehicles on a hard
surface. Commissioner Henrici questioned if Industrial property owners
have been notified of these proposed changes. Boffice stated that the
Plan Commissi Minutes
November 16, 1994
Page # 2
ordinance has always been enforced according to the proposed changes.
These amendments only reinforce what is already being done.
Knickerbocker presented the fourth amendment which was drafted in
response to the noise complaints from snow removal at the Super Kmart.
The amendment exempts sound emitted from snow removal equipment with
the exception that noise from snow hauling be exempt only during
daytime hours. It was found that the complaints were due mainly to the
hauling equipment which emits more noise than plowing.
Commissioner Henrici objected to this amendment stating that
property owners should be allowed to haul snow 24 hours a day to ensure
a clean parking lot. Boffice stated that snow plowing alone will keep
parking lots clean and the use of hauling equipment is not necessary.
Boffice stated that the amendment establishes a more lenient rule
than the current ordinance. The current ordinance exempts sound from
snow blowers and snow removal equipment only during daytime hours. The
use of any snow equipment at night is prohibited.
Chairman Geinosky questioned if these regulations apply to
commercial districts. Boffice stated that the performance standards
apply to all districts.
Commissioner Henrici questioned if these noise standards are
enforced. Boffice stated they are usually enforced on a complaint
basis.
Commissioner Paliganoff noted that most businesses would perform
these operations during daytime hours anyway. Knickerbocker stated
that this amendment will likely not cause a problem and is most
necessary for those areas in close proximity to residential areas.
Commissioner Ayers questioned if sound from snow removal equipment
could be exempt depending upon the amount of snow accumulated. Boffice
stated snowfall would be difficult to measure. In addition,
Knickerbocker stated that it would be difficult to prove in court.
Commissioner Guzzardi questioned if the Industrial Park could be
exempt from the provisions in the amendment. Knickerbocker stated that
this recommendation could be given to the village Board.
Chairman Geinosky added that the ordinance should be enforced on a
complaint basis.
Knickerbocker presented the fifth amendment which allows for a
change in State Regulations to permit up to a maximum of 12 children
from 8 children for supervision in an In-Home day care center. The
Municipal Code was previously amended to reflect this change.
Knickerbocker noted that this amendment is only a definition change as
the Municipal Code regulates the business licensing of day care centers.
Trustee Czarnik noted that the additional four children can only
be supervised before or after school.
Plan Commission Min tes
November 16, 1994
Page # 3
Commissioner McAllister expressed concern over increasing the
number of children and questioned if the centers are regularly
inspected. Trustee Czarnik stated that the centers are inspected
regularly by the village in addition to inspections made by DCFS.
Knickerbocker presented t:he sixth amendment which restricts the
amount of time trucks or trailers can park in a business zoned district
to one week.
It was noted that the recodification only changes the format of
the zoning ordinance and not the actual content.
Chairman Geinosky opened the public hearing for audience comments.
Tom Rettenbacher of 376 Birchwood requested clarification on some
of the amendments. In addition, Rettenbacher stated that the current
regulations on snow removal noise should not change.
Chairman Geinosky closed the public hearing at 9:15 p.m.
Upon further deliberation the Plan Commission took the following
action on the proposed ordinance containing the text amendments as
follows:
Commissioner Guzzardi moved. and Commissioner McAllister seconded
the motion to recommend the village Board adopt Section One of
the ordinance amending the Zoning Ordinance. Upon voting, the
motion carried unanimously (Feichter, Meyers ABSENT) ;
Commissioner McAllister moved and Commissioner Henrici seconded
the motion to recommend the village Board adopt Section Two of
the ordinance amending the Zoning Ordinance. Upon voting, the
motion carried unanimously (Feichter, Meyers ABSENT) ;
Commissioner Ayers moved and Commissioner Guzzardi seconded the
motion to recommend the Village Board adopt Section Three of the
ordinance amending the Zoning Ordinance. Upon voting, the motion
carried unanimously (Feichter, Meyers ABSENT) ;
Commissioner Henrici moved and Commissioner McAllister seconded
the motion to recommend the. village Board adopt Section Four of
the ordinance amending the zoning Ordinance. Upon voting, the
motion carried unanimously (Feichter, Meyers ABSENT) ;
Commissioner Henrici moved and Commissioner McAllister seconded
the motion to recommend the: village Board adopt Section Seven
Of the ordinance amending the zoning ordinance with the exclus-
ion of wording on snow hauling. This change would exempt noise
from all snow removal equipment on a 24 hour basis. Upon voting,
the motion carried unanimously (Feichter, Meyers ABSENT) ;
Commissioner Henrici moved and Commissioner Guzzardi seconded the
motion to recommend the Village Board adopt section Five and Six
of the ordinance amending the Zoning Ordinance. Upon voting, the
Plan Commiss i Minutes -
November 16, 1994
Page # 4
motion carried unanimously (Feichter, Meyers ABSENT) ;
Commissioner Guzzardi moved and Commissioners Ayers seconded the
motion to recommend the village Board adopt Section eight of the
ordinance amending the Zoning Ordinance. Upon voting, the motion
carried unanimously (Feichter, Meyers ABSENT) ; and
Commissioner Henrici moved and Commissioner Paliganoff seconded
the motion to recommend the village Board adopt Section Nine of
the proposed ordinance amending the Zoning Ordinance. Upon
voting, the motion carried unanimously (Feichter, Meyers ABSENT) .
Commissioner Henrici moved and Commissioner Guzzardi seconded the
motion to recommend the Village Board recodify the Zoning Ordinance in
accordance with the previous recommendation from the Plan Commission.
Upon voting, the motion carried unanimously (Feighter, Meyers ABSENT) .
Adjournment:
Commissioner Henrici moved and Commissioner Paliganoff seconded
the motion to adjourn.
The meeting adjourned at 9:30 p.m.
Res
e/c/tffupllyy submitted,
Renee M. Farrell
Administrative Assistant
RMF/el - 12-6-94
C: Chairman and Members of Plan Commission, President and Board of
Trustees, village Clerk, Village Manager, Assistant Village Manager,
Administrative Assistant, Administrative Intern, Director of
Engineering/Community Development, Director of Public Works, Fire
Chief, Deputy Fire Chief(2) , Assistant Fire Chief, Chairman and
Members of Zoning Board of Appeals, village Attorney
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF ELK GROVE VILLAGE:
SECTION 3.55 PERTAINING TO THE USE OF YARDS FOR VEHICLES;
SECTION 3.94 PERTAINING TO THE DESIGN, DEVELOPMENT AND MAINTENANCE
OF PARKING AREAS; sECPION 5. 91 PERTAINING TO NOISE:
AND, SECTION 9.1 PERTAINING TO DEFINITIONS
WHEREAS, the Plan Commission of the Village of Elk Grove Vil-
lage at a public meeting duly called and held according to law con-
sidered the question of amending the Zoning Ordinance of the Vil-
lage; and
WHEREAS, the President and Board of Trustees after having re-
viewed the recommendations and findings of said Plan Commission
find and believe that the zoning Ordinance be amended pursuant to
the recommendations of the Plan Commission.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the village of Elk Grove Village, Counties of Cook and
DuPage, Illinois as follows:
Section 1: That Section 3. 55 of the Zoning Ordinance be amended
by adding thereto a new Paragraph D. to read as follows:
D. In all zoning districts the parking or storing of
motorized, tow-type, or operable vehicles, boats,
or similar devices within any portion of any lot,
exclusive of required yards, shall be permitted
only on hard surfaced areas.
Section 2: That Section 3. 94B of the Zoning Ordinance be and
the same is hereby amended to read as follows:
B. All parking areas shall be paved with asphalt or
concrete paving and so constructed that surface
drainage water emanating from same shall not flow
into nearby streets and public right-of-ways .
The Building Department shall not issue a Certifi-
cate of Occupancy to any premises unless provision
is made for the foregoing. Where wheel curbs are
required pursuant to Paragraph F of this section,
the wheel curb offset area may be landscaped and
thus exempt from paving.
Section 3: That Section 3 . 94C of the Zoning Ordinance be and
the same is hereby amended to read as follows:
C. All equipment storage areas shall be graded for pro-
per drainage and provided with an all-weather sur-
facing maintained at all times in such a manner as
to prevent the release of dust and to be free of
dust, trash and debris.
Section 4: That Section 5 .91B. 2 of the Zoning ordinance be
and the same is hereby amended to read as follows :
2 . Sound emitted from lawn care maintenance equipment
used during daytime hours.
Section 5: That Section 5. 91B. 4 of the Zoning Ordinance be
and the same is hereby renumbered as 5. 91B. 5.
Section 6: That Section 5.91B. 3 of the Zoning Ordinance be
and the same is hereby renumbered as 5 . 91B. 4 .
Section 7: That Section 5. 91B of the Zoning Ordinance be
amended by adding thereto a new Paragraph 3, to read as follows:
3. Sound emitted from vehicles, snow blowers and si-
milar equipment used for snout removal operations,
provided however that vehicles and equipment used
for snow hauling operations shall only be exempted
during daytime hours.
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Section 8: That the definition of In-Home Day Care Centers
in Article 9 of the Zoning Ordinance be and the same is hereby
amended by providing that the maximum number of children received
for care during the day shall be amended from eight ( 8 ) children
to twelve ( 12) children.
Section 9: That Section 3 . 55B of the Zoning Ordinance be and
the same is hereby amended to read as follows:
B. Business Zoning Districts - operable motor vehicles
and tow-type vehicles may be parked on hard surfaced
front yard, side ;yard and rear yard areas provided
that there shall be no parking or storage on drive-
ways or access laiaes and further provided that any
such vehicle shall not be permitted to be parked
in the same location for a period of time in excess
of seven (7) days,
Section 10: That this ordinance shall be in full force and
effect from and after its passage and approval according to law.
PASSED this day of , 1994.
APPROVED this day of , 1994.
VOTE: AYES: NAYS: ABSENT:
APPROVED:
VILLAGE PRESIDENT
ATTEST:
VILLAGE CLERIC
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