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HomeMy WebLinkAboutPLAN COMMISSION - 06/20/1990 - ZONING PERFORMANCE STANDARDS PLAN COMMISSION MINUTES June 20, 1990 Present: John Glass, Chairman David Paliganoff Paul Ayers John Meyers Charles Henrici Thomas Parker Absent: Fred Geinosky George Mullen Patton Feichter Staff: Raymond R. Rummel , Administrative Assistant Anne M. Gaura, Administrative Intern Alan Boffice, Director Engineering and Community Development James MacArthur, Fire Chief Also Present: George Knickerbocker, Village Attorney Marvin Salzenstein, Consultant Chairman Glass called the meeting to order at 8:10 p.m. ITEM A. I ZONING PERFORMANCE STANDARDS - Continuation of public i hearing from May 16, 1990, (Docket 90-7) . Attorney Knickerbocker, serving as the agent for the petitioner, continued the public hearing. Section 5.97, Glare Salzenstein reported that the glare standards are the same in I-1 and I-2 districts. No more than a half foot candle light can spill from industrial districts into residential districts. I Chairman Glass asked how the proposed glare standard compares to the i existing glare standard. Salzenstein replied that the proposed standard is the same as the existing standard. i Section 5.98, Enforcement/Appeal George Knickerbocker noted that the Village originally proposed a strong and immediate enforcement of the proposed standards. After the initial hearing, however, a grandfathering provision was proposed. The I I PLAN COMMISSION MINUO • 2 June 20, 1990 postulates of the grandfathering proposal can be found in a letter dated May 1. (The letter outlining the grandfathering provision was later found to have been authored by Dennis Gallitano and dated May 8. ) Chairman Glass noted that one year is a long time to wait for a non-conforming use permit. Knickerbocker replied that it would take one year to examine the large volume of requests made by existing businesses. New businesses could apply for a Special Use Permit. Commissioner Parker inquired into the number of companies that would not conform to the proposed ordinance. Knickerbocker replied that about 70 firms have been identified in total . Commissioner Parker asked if a non-conforming use permit should be renewed every 5 to 7 years if the Village is trying to bring companies into compliance. Knickerbocker replied that the Village is looking for attrition to bring companies into compliance and to allow existing businesses to continue. Commissioner Ayers asked why the Village would grandfather existing uses if those uses are hazardous. Knickerbocker replied that the standards will create a "safer" environment without putting existing businesses out of business. Salzenstein replied that the zoning ordinance is a screening device and that other ordinances, such as the fire code, handle specific environmental hazards. Commissioner Paliganoff stated that the appeals process appears subjective. In addition, Paliganoff wanted to know what burden the Village had in communicating the zoning standards to company employees. Knickerbocker noted that the Fire Department, through fire inspections , communicates specific standards to employees. Chief MacArthur noted that the Fire Department uses a checklist when doing inspections and that companies become familiar with those standards during inspections. i Commissioner Henrici noted that the zoning ordinance is a screening tool and that its regulations do not have to be communicated to company employees. Attorney Knickerbocker then presented closing comments noting that the I petitioner welcomes other points of view. i Chairman Glass recessed the meeting at 9:05 p.m. and reconvened it at 9:15 p.m. The Plan Commission then entertained questions from the audience. I Stan Klyber, CEO, Greater O'Hare Association spoke first. Klyber i stated seven points in opposition to the proposed Text Amendment. PLAN COMMISSION MINUO • 3 June 20, 1990 First, there is no demonstrated need for the proposed standards. The safety record of the Elk Grove Industrial Park is very good. Second, real-estate agents and industrial developers are notifying prospective clients that Elk Grove may institute industrial standards more strict than OSHA, EPA and Illinois EPA. According to Klyber, under these circumstances, companies are not willing to take a chance and relocate in Elk Grove Village. Third, the Greater O'Hare Association has surveyed only one-third (1/3) of the Industrial Park and has already found over 400 companies that would not comply with the proposed standards. Fourth, the grandfathering clause would not allow companies to grow and expand. Fifth, existing businesses could not sell their businesses because the new owner could not operate the business in the same manner as the seller. Sixth, the Industrial Park accounts for 85 percent of the tax base. If businesses cannot occupy the Park, then Elk Grove residents could not afford to live in the Village. Finally, the most sensible route for the Village to take is to follow State and Federal guidelines. Harvey Sheldon, an attorney representing Greater O'Hare Association, read from a prepared statement. Sheldon noted, among other things, that Elk Grove Village has industries which fall under State Class C industries; that the proposed standards for air emissions is ineffective; that the odor section is subjective; and that no investigation of users or potential risk was undertaken when developing the airborne toxic matter section and the i storage of highly toxic and flammable and explosive materials section. Sheldon concluded by that the Plan Commission reject the proposed Text Amendment because there is no demonstrated need for additional standards. The meeting recessed at 10:10 p.m. and reconvened at 10:20 p.m. The next person to speak was William Coyle, an attorney with the law firm of Katz, Karacie and Helmann, representing Sanfilippo Incorporated. Coyle stated he was not aware of any known violation. He questioned whether the Plan Commission wanted to legislate against roasting nuts. It would be very costly to limit odor or to hire professional witnesses to show why Sanfilippo cannot meet the ordinance. This is not a health and safety issue. Coyle stated that there are no factual studies on existing businesses. The ordinance is vague. It will have a profound negative effect on existing businesses. I Coyle asked the Plan Commission to reject the ordinance on the grounds that it is an environmental issue. As an alternative, he suggested the adoption of State and Federal guidelines. PLAN COMMISSION MINA • 4 June 20, 1990 Commissioner Henrici stated the proposed standard says if an aroma is in a residential area, then the business is in violation. Coyle replied it is not in violation until someone complains. He stated this is a difficult position to be in. The next person to speak was Allyse Couston, Vice President of Paine Wetzel and Assocites, representing a Real Estate Consortium. Couston read a letter from the Real Estate Consortium opposing the ordinance. She stated no demonstrated need for stricter standards exists. Kevin Kete, Executive Vice President of Paine Wetzel , was the next person to speak. Kete stated the ordinance will affect real estate values. It is unfriendly to manufacturers and will create a negative effect on the Industrial Park. The next person to speak was Bella Szeifert, Engineer for Handy and Harmon. Szeifert questioned Section 5.96(C)p.32, regarding a highly reactive oxidizing agent. The warehouse limit is 100 pounds. If it is restricted to that quantity, it would hamper business by placing a burden on filling orders. Szeifert also questioned the difference between reactive and highly reactive. Chairman Glass asked Bella Szeifert what product was being used. He answered it was a silver oxide powder. Several thousand pounds of it are stored at the business. Chairman Glass asked if the product was listed on an MSD sheet, and if the sheet could be used to identify it. Szeifert said it did, and they could petition for a Special Use Permit. Chairman Glass inquired in this case if this is the only section that i may not comply. Szeifert stated yes. Chairman Glass raised the question is it possible to tell if a business is not in compliance. Marvin Salzenstein suggested making a checklist designed to elicit whether a chemical is highly toxic. Chairman Glass asked Szeifert how long the company he works for has been in business in the Village. Szeifert said since 1963. Chairman Glass believes it is unfair if a business has had a chemical for so long to now make them come for a Special Use Permit. Knickerbocker said the business would not be required to do so. They would just indicate past quantities. Chairman Glass asked what if businesses improve and they need to warehouse more of these materials. Knickerbocker said they could request a quantity exception. He stated it is not finalized yet on how it will work. Chairman Glass also stated that forecasts may not be accurate over 5 or 7 years. It would be playing a guessing game with the economy. Chairman Glass asked whether it would be easier to require reporting levels matching the State and Federal reporting levels. Knickerbocker i I PLAN COMMISSION MINA • 5 June 20, 1990 stated it was possible. But, if another company comes in with the same preocess, then they must be treated the same as the existing company. Knickerbocker said if a product is dangerous, why allow for expansion. He stated that he would like to look at the individual product. Chairman Glass said the ordinance looks at limiting specific products. Commissioner Ayers asked if there are any state requirements for storage. Salzenstein said the state does not regulate it. Knickerbocker stated there are not any state requirements in some areas. The Village must consider regulating some of these. Chairman Glass questioned how the Village can regulate these standards if the State and Federal government cannot. Attorney Knickerbocker suggested certain limitations. Chairman Glass stated he was overwhelmed by looking at each chemical on a case by case basis. The hearing was recessed at 11:00 p.m. until July 18, 1990. Respectfully submitted, Q Anne M. Gaura, Administrative Intern rh71090 CC: Chairman & Members Plan Commission, Village President, Board of Trustees, Village Clerk, Village Manager, Assistant Village Manager, Administrative Assistant, Administrative Intern, Director of Engineering and Community Development, Director of Public Works, Fire Chief, Deputy Fire Chief, Village Attorney i i