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HomeMy WebLinkAboutPLAN COMMISSION - 04/15/1992 - 92-3 TEXT AMENDMENT ELK GROVE VILLAGE PLAN COMMISSION MINUTES April 15, 1992 Present: John Glass, Chairman Fred Geinosky, Secretary Charles Henrici Pat Feichter Paul Ayers Absent: John Meyers David Paliganoff Thomas Parker George Mullen Staff: Raymond R: Rummel , Administrative Assistant Renee M. Farrell , Administrative Intern James MacArthur, Fire Chief Al Boffice, Director of Engineering/Comm. Dev. George Knickerbocker, Village Attorney Petitioner: Trustee Gallitano, Chairman JPZ Committee Chairman Glass called the meeting to order at 8:10 p.m. Item A: Zoning performance standards, Text Amendment to the Zoning Ordinance, public hearing - Docket 92-3. Trustee Dennis Gallitano, the Chairman of the JPZ Committee, presented the proposed text amendment which contained two major provisions. The first provision involves the treatment of toxic chemicals. The original ordinance identified quantity limitations of toxic chemicals. The proposed text amendment removes the quantity limitations while identifying safety precautions in the use and storage of toxic materials. Companies that deal directly with highly toxic chemicals are required to obtain a permit issued by the Fire Department. The second provision contains a better definition of highly toxic materials by recognizing S.A.R.A. (the Superfund Amendments and Reauthorization Act of 1986) . Plan Commissionenutes • April 15, 1992 Page 2 The Village Attorney, also stated that the proposed text amendment will facilitate the application process for companies by eliminating the need to hire an engineer. Also, several areas of the code did adopt State Standards including noise and air pollution. The amendment also adopted B.O.C.A. and N.F.P.A. regulations for the storage, isolation, and containment of toxic materials. Chairman Glass opened the hearing to questions from the Commission. Commissioner Henrici questioned the reference made to the State Regulations as to why no specific edition was mentioned. Attorney Knickerbocker responded by stating the standards may need to be amended from time to time and as of now future amendments to a specific section are unknown. Commissioner Henrici inquired as to what type of industry is classified as a special use when dealing with toxic chemicals. Attorney Knickerbocker responded by stating that manufacturing of toxic chemicals is a special use and requires a permit. The processing of toxic chemicals is not a special use. Commissioner Feichter questioned if the amendment was environmentally sound. Attorney Knickerbocker stated that businesses are required to adhere to State Regulations and in some instances the State is more restrictive than Village Standards. Commissioner Geinosky inquired if any businesses are in violation of the proposed text amendment. Attorney Knickerbocker stated he was not aware of any business in violation. Knickerbocker also stated that all companies should be incompliance with State Standards anyway. Chairman Glass stated the State Standards would now be enforceable by the Fire department. Fees will be assessed by the Village through the permit process. These fees will cover the administrative costs incurred in the process. Attorney Knickerbocker stated most variance appeals will go before the Zoning Board of Appeals while the Plan Commission will hear cases involving Special Use Permits. Plan Commission4nutes • April 15, 1992 Page 3 Commissioner Ayers question the classification of radioactive substances as a toxic material . The Commission agreed to amend the proposed amendment by stating under the definition of toxic substances; "radioactive substances (other than highly toxic substances) shall be considered toxic substances". Commissioner Ayers then questioned the regulation of explosive hazards. Attorney Knickerbocker stated that B.O.C.A. National Building Codes are used in regulating explosive and highly toxic materials. Chairman Glass opened the hearing to the audience. There were no questions from the audience. Chairman Glass closed the hearing at 9:10 p.m. The Plan Commission and the petitioner then discussed several minor language modifications to the text amendment. A motion was made and approved to recommend that the Village Board adopt the text amendment with language modifications. Commissioner Feichter motioned to adjourn the meeting. Commissioner Geinosky seconded the motion. The motion carried unanimously. Chairman Glass Adjourned the meeting at 10:14 p.m. Respectfully submitted, Q� &JJe-- V- �e% wj- Renee M. Farrell Administrative Intern el 4-21-92 C: Chairman and Members of Plan Commission, ZBA Chairman, Village President, Board of Trustees , Village Clerk, Village Manager, Assistant Village Manager, Administrative Assistant, Administrative Intern, Director of E/CD, Director of Public Works, Fire Chief, Deputy Fire Chief, Village Attorney April 22, 1992 TO: President and Board of Trustees FROM: 6,i / o n G a s, airman, P an Commission SUBJECT: Finding of Fact - Zoning Performance Standards Text Amendment (Docket 92-3) The Plan Commission was petitioned by the Judiciary, Planning, and Zoning (JPZ) Committee of the Village Board to conduct a public hearing on a comprehensive amendment to the Village's I-1 and I-2 zoning standards. A public hearing on the proposed text amendment was held on April 15, 1992. At the hearing, it was noted that the proposed text amendment (Docket 92-3) was substantially different from the standards last proposed in 1990. The newly proposed text amendment adopts State standards which will result in consistent enforcement. It is recognized that industries are familiar with State standards and should already be complying with them. The Village will under the proposed standards be able to take enforcement actions against industries violating state environmental standards. In addition, the text amendment controls the storage and use of toxic and highly toxic chemicals through the building code (BOCA) , fire code (NFPA) and Federal Superfund Amendments and Reauthorization Act (SARA). Quantity limitations on these materials were removed from the text amendment, thus allowing businesses to store and use as much of these materials as is needed provided the materials can be stored and used in a safe manner. During the hearing, Stanley Klyber, the Executive Director of the Greater O'Hare Association of Industry and Commerce, spoke in favor of the proposed performance standards. There were no objectors to the standards at the hearing. A motion was made and approved unanimously (Meyers; Paliganoff; Parker; Mullen: ABSENT) to recommend that the Village Board adopt the Zoning Performance Standards Text Amendment as amended. There were some minor language modifications which were mutually agreed upon by the Plan Commission and the petitioner. el 4-22-92 C: Plan Commission Chairman and Members, Village Manager, Assistant Village Manager, Administrative Assistant, Director of Engineering/Community Development, Village Clerk, Village Attorney, Fire Chief