CITY OF WARRENVILLE PLAN COMMISSION/ZONING BOARD OF APPEALS

Transcription

1 I. OPENING CEREMONIES CITY OF WARRENVILLE PLAN COMMISSION/ZONING BOARD OF APPEALS Draft Minutes of Regular Meeting Held on Thursday, October 23, 2014 At the Warrenville City Hall 28W701 Stafford Place A. Call to Order Plan Commission Chairman John Davis called the meeting to order at 7:00 p.m. B. Roll Call PC Present: PC Absent: ZBA Present: ZBA Absent: Also Present: John Davis, Tim Cosgrove, Roland Laurin, Brad Hays, Robert Pepple, Joe Rossi, Suzanne Battista Al Thompson John Davis, Tim Cosgrove, Roland Laurin, Brad Hays, Joe Rossi, Suzanne Battista Al Thompson Sr. Planner Natalia Domovessova, Sr. Code Enforcement Officer Sonya Shearer, Recording Secretary Marie Lupo II. APPROVAL OF MINUTES A. Minutes of the October 9, 2014, PC/ZBA regular meeting. COM. COSGROVE MOVED, SECONDED BY COM. PEPPLE, TO APPROVE THE MINUTES OF THE OCTOBER 9, 2014, REGULAR MEETING, INCORPORATING THE FOLLOWING CHANGES: Page 1 Note change in order of Agenda items. Page 4, Paragraph 1, Line 1 Insert at least after hives and substitute fences/property lines for fences. Page 6, Paragraph 8, Line 1 Insert a after since. Page 9, Paragraph 5, Line 5 Insert on to Warrenville Road after Drive, and substitute MaeCliff Drive for Lorraine Avenue. MOTION ADOPTED UNANIMOUSLY VIA VOICE VOTE. III. PUBLIC HEARING A. City of Warrenville Zoning Ordinance Text Amendments Consideration of the following possible amendments to the text of Warrenville Zoning Ordinance #1018: 1. Amend Section 12. ADMINISTRATION to a) Either eliminate the requirement to appoint one member from the unincorporated area contiguous to the City, or allow an at large City of Warrenville resident to be appointed to the Plan Commission;

2 Minutes of October 23, 2014, Regular PC/ZBA Meeting Page 2 of 10 b) Eliminate the reference to compensation. 2. Amend Section 1: General Provisions and Section, Section 3. Allowed Uses, and Section 10. ACCESSORY USES AND YARDS to: a) Allow bee keeping for the purpose of producing and selling honey as a permitted home occupation under certain conditions; b) Increase and/or remove maximum number of chickens allowed to be kept on a residential property under certain conditions; c) Allow residential principal and accessory structures to exceed the height established in Tables 4A: RESIDENTIAL DISTRICT REQUIREMENTS and 10A: STANDARDS FOR ACCESSORY STRUCTURES by a certain number of inches; d) Include pergola in the list of permitted obstructions of required yards and establish maximum allowed encroachments. 3. Amend Section 2. FILING PROCEDURES to reduce the timeframe allowed for removal of public hearing sign to no more than seven days after the public hearing conclusion. 4. Amend other sections of the Zoning Ordinance #1018, as necessary, to accommodate the above-listed amendments. COM. COSGROVE MOVED, SECONDED BY COM. LAURIN, TO REOPEN THE PUBLIC HEARING. ROLL CALL VOTE: Aye: Davis, Cosgrove, Laurin, Hays, Pepple, Rossi, Battista Nay: None Ch. Davis reintroduced the proposed text amendments for discussion, as follows: Beekeeping for the Purpose of Producing and Selling Honey Home Occupation Amend Section 1. General Provisions, Section 3. Allowed Uses, and Section 10. Accessory Uses and Yards to allow bee keeping for the purpose of producing and selling honey as a permitted home occupation under certain conditions. Pl. Domovessova briefly recapped the request, as reflected in the staff report, and summarized that staff concludes that the current provisions of the Zoning Ordinance adequately address beekeeping, and is not in favor of making changes to the Zoning Ordinance in this regard. Staff does not see a need to regulate hobby beekeeping as an accessory use, as it is already regulated by the State. Beekeeping for the purpose of selling honey as a home occupation may be allowed through the special use permit and should be reviewed on case-by-case basis in order to minimize any potential negative impact on neighbors. Pl. Domovessova stated staff s recommendation is based on a review of various communities beekeeping ordinances,

3 Minutes of October 23, 2014, Regular PC/ZBA Meeting Page 3 of 10 Warrenville s code enforcement activities, and Warrenville s low volume of inquiries regarding beekeeping. Ch. Davis summarized the City s special use permit process for the audience. Environmental Advisory Commission ( EAC ) President Rita Dolan spoke of the two-fold purpose of bringing beekeeping before the PC/ZBA, namely that of encouraging local food and education in the importance of pollinators. She stated the major problem in a special use permit requirement is monetary, because it would cost more to obtain such permit than generate money from the sale of honey. A special use requirement would be a discouragement, rather than an encouragement, of beekeeping. Secondly, she disputed that only EAC members expressed interest in beekeeping, as evidenced by the previous meeting on this subject, wherein two PC/ZBA Commissioners also expressed interest in beekeeping. Several other residents are beekeepers who sell honey. Moreover, 50 people recently attended Mary Puskar s talk at the library on beekeeping. Locally obtained food eliminates transport from distant locations, which reduces food cost due to less gas usage. Contrary to popular belief, bees are not hazardous. Out of 280 million people, only 50 people are stung by honey bees [In 2000, the World Health Organization reported there were 54 deaths attributable to bees from a U.S. population of 281 million people]. Persons with allergies to bees must take precautions regardless of having a hive nearby. In her opinion, this should negate the issue of allergies. Best Management Practices (BMPs) can be incorporated in an ordinance to ensure responsible beekeeping. Beekeeping resident Mary Puskar expressed her desire to avoid a special use permit requirement. Besides the monetary drain, she doubts anyone in attendance tonight is subject to such requirement in their various municipalities. Her home is her property and honey processing, bottling, labeling and selling takes place within such home. She sees no difference between a crafter who purchases supplies from another location and creates a saleable product in their homes. She feels this presents a good argument for beekeeping as a home occupation. People will increasingly look to a local source for what they need to survive. Resident Chuck Ingram has kept bees for 50 years at his Williams Road residence, and currently has six hives, but has had as many as 18 at one time in the past. A beekeeper should maintain at least three to four hives at a time, to gauge their well being. If a beekeeper only has one or two hives, they will likely lose them; otherwise, they would have no optimum way to compare the manner in which the bees are working. Mr. Ingram spoke of the medicinal benefits of local honey for people with allergies. His wife s symptoms vanished and she no longer requires weekly shots after she began using local honey. Burn and MS patients use honey, as it has been known to eliminate most of their symptoms. Honey bees can travel within a radius of three to four miles--a fact that an ordinance cannot guard against. Honey bees travel in an upward direction when they fly, and have extremely poor vision. A four-foot fence in front of a hive can further ensure an upward flight path. He has experience in removing feral bees from houses and trees. Typically, customers only purchase honey one to two times per year; thus, the sale of honey is not akin to a store with a constant stream of customers that detrimentally affect traffic. A hive will only generate pounds of honey, and a city lot can only support a certain number of hives. A hive costs approximately $100 for bees, and equipment is at an additional cost.

4 Minutes of October 23, 2014, Regular PC/ZBA Meeting Page 4 of 10 Ch. Davis acknowledged the merits of beekeeping, but reminded the audience the PC/ZBA must be concerned with unintended consequences. If a typical hive houses 50,000 bees, an average person would be apprehensive about locating it nearby. Warren Avenue resident Matt Wiesbrock appreciated the PC/ZBA s responsibility toward concern with the unknown. He questioned whether a pocket could be created in the Ordinance for instances such as this, wherein a request arises rather infrequently, but must be considered at great length to take into account every imaginable scenario if the practice becomes commonplace in the future. Beekeeper Bill Whitney of Unincorporated Wheaton spoke of the somewhat pricey habit of beekeeping. He noted that in the 1900s, 97% of all homes had a bee hive. In 1996, he became a member of the Cook-DuPage Beekeepers Association, which at that time consisted of approximately 20 people. Today, this group s meetings typically attract 150 members. There is a huge demand for locally provided raw honey for medicinal purposes. The beekeeping issue will not likely go away whether it is addressed now or within the next five years. He is aware of one Warrenville resident who has expressed interest in placing five hives on his property. The City of Wheaton allows bee hives on properties. Mr. Whitney s eight hives are on 44 acres adjacent to his five-acre property. Unincorporated DuPage County has a nuisance ordinance related to beekeeping, which allows the practice until someone complains. He sells his honey to regular customers, but is not aware of an ordinance related to selling honey. Cook-DuPage Beekeepers Association Vice-President and Lyons resident John Hansen inquired as to selling honey at farmers markets, which consists of the majority of his group s sales. Pl. Domovessova replied although the DuPage County Health Department does not require a permit, the Illinois Department of Revenue requires remittance of sales tax from honey sales. Mr. Hansen felt the price of obtaining a special use permit was excessively high. Com. Cosgrove explained the $1,080 cost includes a $600 deposit that covers the court reporter and newspaper publication which is in part refunded back to the petitioner if the hearing is not lengthy. In response to Com. Cosgrove s request for ordinance parameters, he is not familiar with ordinances that regulate the sale of honey. Mr. Hansen has ten hives in his 150-foot by 50-foot backyard (fenced only on one side), but manages 131 hives at O Hare Airport. He is Head Beekeeper at Sweet Beginnings, part of the North Lawndale Employment Network in Chicago, which teaches beekeeping to citizens returning from incarceration. Lyons has an ordinance against beekeeping. He feels every community garden should have a beehive. Clarendon Hills and Burr Ridge was successful in drafting an ordinance to allow beekeeping. Ms. Puskar summarized that area municipalities beekeeping guidelines greatly vary from that of nuisance to excessive reactionary regulation (Skokie). She feels it behooves the Cook-DuPage Beekeepers Association to draft a consistent set of reasonable beekeeping guidelines. Mr. Hansen concurred. Com. Pepple expressed his concern not with the beekeeper, but rather with people around the beekeeper. As this is a subject that will likely garner increased interest in the future, he prefers taking a proactive approach rather than the special use approach staff recommends. He invites

5 Minutes of October 23, 2014, Regular PC/ZBA Meeting Page 5 of 10 suggestions in drafting a neighbor-friendly, thoughtful ordinance. Mr. Ingram expressed his interest in doing so, and stated that 99% of stings are not by bees, but rather wasps, as bees leave their stingers behind. Ms. Dolan commented on the fears of people concerning the vast number of bees in a hive. She felt the EAC can and should take an active role in educating the public on bees, as the biggest hurdle involves perception. Mr. Wiesbrock stated he has worked with the State of Illinois to draft a statute concerning his hobby, pigeons. He strongly suggests the groups in attendance present models to the PC/ZBA in order to assuage residents fears about beekeeping. Jim Snyder of Maple Lane in Glen Ellyn correlated the front yard sale of vegetables from his home garden without a license to the sale of honey. He is not familiar with any particular municipal regulations for the sale of honey; most beekeepers sell their honey at farmers markets, which oftentimes require a license. In his opinion, bees are very docile. Chicago s Garfield Park Conservatory has two bee hives on their premises. Mr. Snyder also volunteers at Kline Creek Park in West Chicago, which has 20 bee hives near a four-foot high fence, and they have never experienced a problem with bee stings. Pl. Domovessova cautioned that if a set of beekeeping regulations is adopted, such regulations would require enforcement, i.e., these would not be guidelines, but rules which may limit some property owners in their ability to have bees on their property. Currently all property owners in Warrenville can have bees. There is a distinction between keeping bees as a hobby and keeping bees for the sale of honey. When crafting an ordinance, staff must consider the worst case. A resident could be very successful in making honey and desire additional hives. Since there is currently no limit established for the number of hives, it may potentially negatively impact the neighbors. A special use permit would take into consideration a property s size and location. Staff researched a number of communities in Cook, DuPage, Kane and Will Counties, and a handful of detailed ordinances exist, some of which require a special use permit for beekeeping. Most communities treat bees as an agricultural use. As such, they are limited to lots that measure two and one-half acres and over, and in some communities five acres and over, and make it illegal in lots measuring less than such acreage. The State s requirements entail registration of hives on an annual basis. The State views beekeeping from the perspective of bee population, migration, and disease control, rather than the basis of bulk regulations and impact to neighbors. Com. Laurin is in favor of beekeeping as long as it does not negatively impact neighbors; however, he feels he does not have enough information with regard to selling honey. He is not in favor of a special use requirement as a home occupation for the purpose of selling honey. In his mind, once a person sells honey, it is no longer considered just a hobby, but also a business. Com. Rossi provided the scenario that because certain municipalities do not mandate a license to sell a product as long as a State license is in effect, this may eliminate the issue at hand. Ch. Davis countered that the question of home occupation remains.

6 Minutes of October 23, 2014, Regular PC/ZBA Meeting Page 6 of 10 COM. HAYS MOVED TO CLOSE THE PUBLIC HEARING. Com. Cosgrove expressed desire to continue the public hearing with relation to beekeeping. CH. DAVIS MOVED TO CLOSE THE PUBLIC HEARING REGARDING TEXT AMENDMENTS EXCEPT WITH RELATION TO BEEKEEPING. Com. Hays requested that Code Enforcement Officer Sonya Shearer summarize beekeeping complaints. Off. Shearer replied her complaints within the last 18 months consisted of allergy concerns, fears regarding proximity to fences, and inability to use a pool due to the neighbor s bees congregating around it. She spoke with a representative at the Department of Agriculture who encouraged hive registration and education in the proper care of hives (availability of water). COM. COSGROVE MOVED TO CLOSE THE PUBLIC HEARING REGARDING TEXT AMENDMENTS EXCEPT WITH RELATION TO BEEKEEPING. Recording Secretary Lupo inquired whether Com. Cosgrove desired clarification on the definition of a pergola before the hearing was closed. Pl. Domovessova responded it would not be necessary if the Commission was comfortable with the proposal from the staff memo. Com. Cosgrove confirmed that pergolas are open. Pl. Domovessova requested that when crafting regulations, the Cook-DuPage Beekeepers Association and EAC should avoid words such as responsible and reasonable because they are difficult to measure and enforce. Wording should be specific. Com. Laurin requested a copy of Clarendon Hills beekeeping ordinance, as it is recent and the Police Chief was involved in crafting it. Pl. Domovessova also followed up regarding the proposed fence amendment. Building Inspector Atkinson recommended further amendment of the Zoning Ordinance to allow a maximum of a six-inch encroachment into the maximum building height for fences. Based on his experience in the field, oftentimes he finds that although fence posts and panels are six feet high, due to the undulating grade and the fact that measurement is from the ground to the highest point of the fence, in some instances there is a gap between the panel and ground, which results in the fence exceeding a six-foot height. COM. COSGROVE MOVED, SECONDED BY COM. LAURIN, TO CLOSE THE PUBLIC HEARING REGARDING ZONING TEXT AMENDMENTS, EXCEPT FOR THE PORTION REGARDING BEEKEEPING. ROLL CALL VOTE: Aye: Davis, Cosgrove, Laurin, Hays, Pepple, Rossi, Battista Nay: None

7 Minutes of October 23, 2014, Regular PC/ZBA Meeting Page 7 of 10 COM. COSGROVE MOVED, SECONDED BY COM. LAURIN, TO CONTINUE THE PUBLIC HEARING FOR ZONING TEXT AMENDMENTS REGARDING BEEKEEPING UNTIL THE PC/ZBA MEETING OF DECEMBER 4, Com. Pepple requested that Off. Shearer provides a formal list of bee complaints. ROLL CALL VOTE: Aye: Davis, Cosgrove, Laurin, Rossi, Battista, Hays, Pepple. Nay: None Plan Commission Appointment Amend Section 12.C.2 Appointments to either eliminate the requirement to appoint one member from the unincorporated area contiguous to the City, or allow an at large City of Warrenville resident to be appointed to the Plan Commission. Ch. Davis reintroduced this proposed text amendment; the Commission expressed no dissent. COM. COSGROVE MOVED, SECONDED BY COM. LAURIN, THAT THE PLAN COMMISSION RECOMMEND CITY COUNCIL CHANGE LANGUAGE FOR SECTION A OF SECTION 12.C.2. REGARDING THE APPOINTMENTS TO THE PLAN COMMISSION, AS OUTLINED IN THE STAFF MEMO DATED OCTOBER 9, 2014, REVISED OCTOBER 23, Maximum Number of Chickens Amend Section 1. General Provisions, Section 3. Allowed Uses, and Section 10. Accessory Uses and Yards to increase and/or remove maximum number of chickens allowed to be kept on a residential property under certain conditions. Com. Pepple asked Off. Shearer as to the procedure for discovery of a rooster on a property. She replied the resident is provided notification to abate the violation within an established timeframe. A few residences in town are permitted to have roosters because a special use was granted to allow them some time ago before they were prohibited. COM. PEPPLE MOVED, SECONDED BY COM. ROSSI, THAT THE PLAN COMMISSION RECOMMEND CITY COUNCIL MODIFY LANGUAGE OF SECTION 10.A.2.C. REGARDING THE KEEPING OF CHICKENS TO READ THAT NO MORE THAN TEN CHICKENS SHALL BE ALLOWED ON A PROPERTY, AS OUTLINED IN THE STAFF MEMO DATED OCTOBER 9, 2014, REVISED OCTOBER 23, 2014.

8 Minutes of October 23, 2014, Regular PC/ZBA Meeting Page 8 of 10 Accessory and Principal Structures Height Amend Section 1. General Provisions, Section 3. Allowed Uses, Section 4. District Regulations, and Section 10. Accessory Uses and Yards to allow residential principal and accessory structures to exceed the height established in Tables 4A: Residential District Requirements and 10A: Standards for Accessory Structures by a certain number of inches. COM. COSGROVE MOVED, SECONDED BY COM. LAURIN, THAT THE PLAN COMMISSION RECOMMEND CITY COUNCIL MODIFY THE ORDINANCE REGARDING SECTION 1.A. ESTABLISHMENT APPLICABILITY TO INCLUDE THE NEW SUBSECTION 11 REGARDING ENCROACHMENTS AND EXTENSIONS, AND SECTION 10.B.2., AS SUMMARIZED IN THE STAFF MEMO DATED OCTOBER 9, 2014, REVISED OCTOBER 23, Pergola Setbacks and Encroachments Amend Section 1. General Provisions, Section 3. Allowed Uses, and Section 10. Accessory Uses and Yards to include pergola in the list of permitted obstructions of required yards and establish maximum allowed encroachments. COM. COSGROVE MOVED, SECONDED BY COM. ROSSI, THAT THE PLAN COMMISSION RECOMMEND CITY COUNCIL MODIFY THE ORDINANCE REGARDING LANGUAGE WITH THE ADDITION OF THE WORD PERGOLA IN TABLE 10B, AS OUTLINED IN THE STAFF MEMO DATED OCTOBER 9, 2014, REVISED OCTOBER 23, Public Hearing Sign Removal Amend Section 2.E.1 Sign Display to reduce the timeframe allowed for removal of public hearing sign to no more than seven days after the public hearing conclusion. Pl. Domovessova reported she spoke with a couple municipalities, including the City of Batavia, after review of their ordinance regarding public hearing signs. Due to vandalism, destruction, and snow coverage, Batavia staff found signage upkeep difficult and ultimately changed the requirement to essentially mimic that of Warrenville s, i.e., to require the developer to post the sign and be responsible for its maintenance until the public hearing is closed. Although the State of Illinois does not have specific requirements for public hearing signage, the City Attorney advised it is in the City s best interests that the date and location of the public hearing is displayed. Warrenville s sign language can be shortened to read a basic description of the request, such as variance or special use, and the legal description can be eliminated. In summary, because the Zoning Ordinance requires the date, nature of request, place and time of public hearing, no additional text amendment is necessary in this regard.

9 Minutes of October 23, 2014, Regular PC/ZBA Meeting Page 9 of 10 COM. COSGROVE MOVED, SECONDED BY COM. PEPPLE, THAT THE PLAN COMMISSION RECOMMENDS CITY COUNCIL MODIFY THE ZONING ORDINANCE WITH REGARD TO PUBLIC HEARING NOTIFICATION OF SIGN REMOVALS, AS OUTLINED IN THE SUMMARY SECTION OF THE STAFF REPORT DATED OCTOBER 9, 2014, REVISED OCTOBER 23, Plan Commission Compensation Reference Amend Section 12.C.2 Plan Commission Appointments and 12.C.2 Zoning Board of Appeals Appointments to eliminate the reference to compensation for members of the Plan Commission and Zoning Board of Appeals. COM. COSGROVE MOVED, SECONDED BY COM. PEPPLE, THAT THE PLAN COMMISSION RECOMMENDS CITY COUNCIL MODIFY THE ZONING ORDINANCE WITH REGARD TO SECTION 12.C. TO ELIMINATE SUBSECTION C. REGARDING COMPENSATION, AS OUTLINED ON THE BOTTOM OF PAGE 2 OF THE STAFF REPORT DATED OCTOBER 9, 2014, REVISED OCTOBER 23, IV. NEW BUSINESS A. MaeCliff Development, LLC/Cantera Point Project # Located at the northwest corner of Warrenville and Ferry Roads Plan Commission and Zoning Board of Appeals review and authorization for Chairman and Secretary to execute PC/ZBA Resolution , to memorialize prior approval of a Minor PUD Amendment. COM. COSGROVE MOVED, SECONDED BY COM. PEPPLE, TO AUTHORIZE THE CHAIRMAN AND SECRETARY TO EXECUTE PC/ZBA RESOLUTION , TO MEMORIALIZE PRIOR APPROVAL OF A MINOR PUD AMENDMENT TO CHANGE THE NUMBER AND LOCATION OF BUILDINGS, LOTS AND PARKING, INCREASE IN DENSITY FOR SUBAREA D FOR MAECLIFF DEVELOPMENT/CANTERA POINT ON THE INTERSECTION OF WARRENVILLE ROAD, FERRY ROAD AND MILL STREET. V. CITIZENS COMMENTS No comments. VI. CHAIRMAN S REPORT No report.

10 Minutes of October 23, 2014, Regular PC/ZBA Meeting Page 10 of 10 VII. SR. PLANNER S REPORT No report. Com. Laurin inquired as to the nature of frequent complaints. Off. Shearer replied the biggest challenges concern rubbish, weeds, high grass, and the City s free brush pick-up program. The Vacant Property Registration Program has greatly assisted in keeping vacant properties under control. During the three years of the program s existence, only one vacant property was vandalized. VIII. ADJOURNMENT COM. COSGROVE MOVED, SECONDED BY COM. HAYS, TO ADJOURN THE MEETING AT 8:45 P.M. MOTION ADOPTED VIA VOICE VOTE. Approved:, 2014 Marie Lupo, Recording Secretary