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Home My WebLink AboutPLAN COMMISSION - 04/18/1990 - ZONING PERFORMANCE STANDARDS DOCKET 90-7 PLAN COMMISSION MINUTES April 18, 1990 Present: John R. Glass, Chairman (8: 18 p.m) Fred Geinosky, Secretary George Mullen Dave Paliganoff Patton Feichter Paul Ayers John Meyers Absent: Thomas Parker Charles Henrici Staff Present: Alan Boffice, Director Engineering/Comm. Development James MacArthur, Fire Chief William Clark, Deputy Fire Chief Gregg Riddle, Fire Department Mike Lackman, Fire Department Raymond Rummel , Administrative. Assistant Other Present: Dennis Gallitano, Village Trustee George Knickerbocker, Village Attorney Marvin Salzenstein, Village Consultant Chairman Glass called the meeting to order at 8:15 p.m. NEW BUSINESS Item A - Text Amendment to Zoning Performance Standards (Docket 90-7) i Chairman Glass set forth the procedures for comment on the proposed Text Amendment. First, the petitioner will present its case in a section by section format; Second, the Plan Commissioners will be given the opportunity to question the petitioner on the section presented; Finally, questions on the section will be taken from the audience. Dennis Gallitano, Elk Grove Village Trustee, and Chairman of the JPZ Committee, served as the petitioner. Trustee Gallitano presented an opening statement to the Plan Commission and introduced Marvin Salzenstein as the Consultant who assisted in the preparation of the proposed industrial zoning standards. Plan Commission Secretary Geinosky swore in Marvin Salzenstein as a witness for the petitioner. PLAN COMMISSION MINUS • APRIL 18, 1990 Page 2 Attorney Knickerbocker addressed written comments that the Plan Commission received in opposition to the proposed Text Amendment. Knickerbocker noted that the proposed regulations are consistent with State and Federal Standards. No additional licensing processes will be initiated. The Village does not conflict with State and Federal Codes regarding the regulation of hazardous or toxic substances, and most companies will probably be in compliance with the proposed industrial standards if those companies are in compliance with Federal , State, and County regulations. Knickerbocker then reviewed the proposed Section 5.8. 1. Proposed Section 5.81 expands on permitted uses in the I-1 Zoning District. 2. Proposed section 5.82 is similiar to the existing section 5.85 except that six considerations are listed for review when examining a request for a special use permit. 3. Proposed section 5.83 includes expanded uses in an I-2 zoning district. It would permit quasi-noxious uses as long as they are controlled. 4. Proposed section 5.84 is the same as the existing section 5.84. 5. Proposed section 5.85 has a more extensive list of prohibited uses than does the existing code. 6. Proposed section 5.86 uses the same language as currently exists for the Prior Compliance Certificate except that a fee can be charged for the professional services of an expert. 7. Pages 35 and 36 deal with enforcement and appeal . The standards would be applicable to new buildings or tenants and existing users. A hardship provision is available in the form of a special use permit or variation request before the Zoning Board of Appeals. Marvin Salzenstein then addressed Section 5.9 on a section by section basis. Salzenstein first addressed Section 5.91, Noise. Commissioner Meyers asked how many companies would be impacted by the new ordinance. Chief MacArthur said that about 75 business may be impacted from a hazardous materials standpoint. Knickerbocker reported that no problems exist today with existing noise standards. Commissioner Meyers asked if the Village has the ability to enforce the noise provisions . Director Boffice replied that yes the Village has that capability. Commissioner Feichter asked how consistent the proposed noise regulations are with State statutes. Salzenstein reported that the proposal matches the State's restrictions except that the State's restrictions were translated into I-1 and I-2 zoning districts. I i PLAN COMMISSION MINA . ! APRIL 18, 1990 Page 3 From the audience, Scott Ammarel1 , an attorney representing Greater O'HARE, spoke to the Plan Commission. Ammarell asked why the proposed restrictions are more stringent than the State Class C regulations. Salzenstein replied that Class C uses are for heavy industry such as steel Mills. The proposal was drafted to protect residential districts from noise in I-1 and I-2 districts. Chairman Glass asked about Illinois Class A, B, and C industries. Knickerbocker reported that Class A is similar to Elk Grove 's I-1 and Class B is similiar to I-2. The Village has few, if any, Class C industries. Glass asked that the petitioner report back to the Plan Commission regarding whether or not any Class C business exist in Elk Grove Village. From the audience, John Pock asked if section 5.9(J)(4) would prohibit his corporate trucks from idling even though his building does not abut any I-1 or residential uses. Salzenstein replied that the restrictions only apply to I-2 districts which abut residential and I-1 uses. The meeting recessed at 9:15 p.m. The meeting reconvened at 9:25. Salzenstein overviewed section 5.92, Vibration. Commissioner Geinosky asked if there have been any vibration enforcement problems in the past. Boffice replied that he has not had a problem with vibration in the five years he has been employed by the Village. Salzenstein next addressed Section 5.93, Air Pollution. Sub-section B, Visual Emissions, was discussed. Commissioner Geinosky asked how this section deviates from the current ordinance. Salzenstein reported that the proposed 10 percent opacity is more lenient than the current zero percent opacity. Visual emissions are rarely a problem because of the use of natural gas. Scott Ammarell again addressed the Plan Commission. Ammerell noted that the State's Class C requirements allow a 30% opacity and as high as 60% for eight minutes in any hour due to equipment break-down. Again Salzenstein replied that those standards apply to heavy industry, few of which would be permitted in Elk Grove's I-2 district. Salzenstein next addressed Section 5.93(C) , Particulate Matter Emissions. Salzenstein informed the Plan Commission that this is dust from smoke stacks. The proposal would regulate emissions based upon property acreage. The State regulates emissions by process (i .e. Fuel Burning, Chemical , etc. ) and not by lot area. Chairman Glass asked how the proposal to regulate on the basis of lot size came about. Salzenstein replied that he arrived at this by studying these processes and from his knowledge of technology to control emissions. From the audience, Harvey Scheldon, an environmental attorney, addressed the Plan Commission. Scheldon stated that he has never seen regulations based upon acreage; the provision is unreasonable; and it has never been enforced. Salzenstein replied that the testing used would be the same as the State's test. The State, however, allows solid fuel emissions that range from 1 lb. of dust per hour to 1,000 lbs. an hour i i PLAN COMMISSION MINA • i APRIL 18, 1990 Page 4 depending upon the process and these emissions might not be acceptable in Elk Grove village. Salzenstein next addressed Section 5.93(D) , Fugitive Particulate Matter. This refers to visible dust that would cross lot lines. The ordinance prohibits fugitive particulate matter from crossing lot lines. The existing ordinance does not address fugitive particulate matter. From the audience, Harvey Scheldon again addressed the Plan Commission. Scheldon asked what period of time is used to measure 25 micrograms. Salzenstein relied that the ordinance does not set a time frame. Scheldon asked how this section relates to the health, safety, and welfare of the residents. Salzenstein replied that these emissions can cause respiratory problems. Commissioner Ayers asked Sheldon if any industries in Elk Grove Village violate the fugitive particulate matter provision. Scheldon replied that the Ordinance is not reasonable because it does not address an actual need. Chairman Glass recessed the hearing. It will be continued on May 16, 1990. The meeting adjourned at 10:30 p.m. Respectfully submitted, Raymond R. Rummel Administrative Assistant i rh50890 C: 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, Park District i I