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HomeMy WebLinkAbout201117 PZ Full PacketCITY OF GALESBURG Community Development Memo Operating Under Council – Manager Government Since 1957 ______________________________________________________________________________ Page 1 of 1 ___________________________________________________________________________________________________________________________________________________________________________________________ TO: Planning & Zoning Commission FROM: Steve Gugliotta, AICP DATE: November 10, 2020 SUBJECT: Distance meeting For the November 17, 2020 meeting it will be set up as a Google Meet. You will receive an email invitation to the meeting. The email will have two options for you to attend the meeting. 1. A link you can click on to join the meeting as a video conference; or NOTE: to do the video conference, you will have to have a camera on whatever device you are using to attend the meeting (laptop, desktop, phone, tablet). 2. A phone number if you would prefer to just call in to join the meeting. Join by phone (US) +1 920-605-5964 PIN: 532 973 175# PLEASE contact me via phone or email and let me know if you intend on coming in person or by calling in/video conferencing so I can know who to expect ahead of the meeting. CITY OF GALESBURG Community Development Department Memo Operating Under Council – Manager Government Since 1957 ____________________________________________________________________________ Page 1 of 1 ___________________________________________________________________________________________________________________________________________________________________________________________ TO: Planning and Zoning Commission Members FROM: Steve Gugliotta, AICP, Planning Manager DATE: November 10, 2020 SUBJECT: Planning and Zoning Commission Meeting A meeting of the Galesburg Planning and Zoning Commission has been scheduled for Tuesday, November 17, 2020 at 5:30 p.m. in the Erickson Conference Room of the Galesburg City Hall. Due to social distancing necessitated by COVID-19, Citizens can submit public comments in advance of the meetings by emailing public@ci.galesburg.il.us. Comments must be received one hour prior to the posted start time of the meeting to be addressed at the meeting and all comments will be subject to the time requirements and standards established for public comment. A G E N D A Approve Minutes of the October 20, 2020 meeting Update Past Planning and Zoning Commission items. Receive General citizen comments. PZ-20-1101 Public Hearing Proposed Landscape Ordinance. PZ-20-1102 Public Hearing Proposed Rage Room as a Special Use Ordinance. COMMISSION MEMBERS: PLEASE NOTIFY ME IF YOU ARE UNABLE TO ATTEND AT 345-3619. cc: Mayor Alderpersons (7) City Manager City Attorney/Administrative Services Director Fire Chief Deputy City Clerk Director of Public Works City Engineer Information Systems Supervisor Executive Secretary Director of Community Development Construction Inspectors (3) Buildings & Grounds News Media (7) File Copy Page 1 of 2 MINUTES PLANNING AND ZONING COMMISSION MEETING ERICKSON CONFERENCE ROOM OF GALESBURG CITY HALL Tuesday, October 20, 2020 at 5:30 p.m. MEMBERS PHYSICALLY PRESENT: Neil Thomas, 1. MEMBERS PRESENT VIA PHONE/VIDEO: Roger Carlson, Bill Johnson, Kyle Kelley, Stephen McKelvie, Leigh Nygard, David Uhlmann, 6. MEMBERS ABSENT: Greg Davis, 1. OTHERS PRESENT: Stephen Gugliotta AICP. Staff declared quorum present. Approve Minutes of the September 22, 2020 meeting Member Uhlmann moved to approve the minutes, seconded by Member McKelvie. Minutes were approved by voice vote. Update Past Planning and Zoning Commission items • Minor Plat of the Henderson-Sandburg Resubdivision One PINs 99-03-151-023 and 99-03- 151-022, located at 2031 National Blvd. Council approved this Minor Plat at their October 5, 2020 meeting. • Request for variance of a front yard setback to allow a 29 foot front yard setback instead of the required 40 foot setback, located at 168 Seminole Dr PIN 99-12-402-013. A building permit has been issued for this project. • Zoning map amendment to go from B1, Neighborhood Business to B2, General Business, located at 1230 E. Losey St. PIN 99-11-405-025. This went on first reading to Council at their October 5, 2020 meeting. At their October 19th meeting it was on the agenda for second reading, but there was no discussion on the item. City staff has drafted an ordinance that would allow a Rage Room as a Special Use in certain zoning districts. It is anticipated this ordinance will come before the Planning and Zoning Commission at their November meeting. • City staff has drafted a Landscape Ordinance and it is anticipated this ordinance will come before the Planning and Zoning Commission at their November meeting. Receive Citizen Comment None Received. PZ-20-1001 Consider Setback variance to allow an attached deck on the rear of the house to be less than 10 feet to the detached accessory building that is on, or at, the property line, located at 1232 N Broad St. PIN 99-03-455-016. Page 2 of 2 The petitioners are Shari and Joseph Robinson who were present. Also present was a neighbor who stated they had no objection to the variance. The Commission members considered the following items: • The granting of the requested variance would not be detrimental to or endanger the public health, safety, morals, comfort or general welfare; • The granting of the variance would not be injurious to the use and enjoyment of other property in the immediate vicinity, nor substantially diminish or impair property values within the adjacent area; • The variance will not alter the essential character of the neighborhood. • The Development Review Committee reviewed the proposed special use at their October 7, 2020 meeting and recommend approval. Member Thomas moved, seconded by Member Uhlmann to approve the variance. Roll Call #1 Ayes: Carlson, Johnson, Kelley, McKelvie, Nygard, Thomas, Uhlmann 7. Nays: None. Abstentions: None. Chairperson declared the motion approved. PZ-20-1002 Consider Excused absence of Members Johnson and Thomas from the September 22, 2020 meeting. Member McKelvie moved, seconded by Member Thomas to approve the excused absence. Excused absence was approved by voice vote. There being no further business, the meeting adjourned at 5:36 p.m. ________________________ Steve Gugliotta, AICP Executive Secretary CITY OF GALESBURG Community Development Department Memo Operating Under Council – Manager Government Since 1957 ____________________________________________________________________________ Prepared by Gugs Page 1 of 2 ___________________________________________________________________________________________________________________________________________________________________________________________ TO: Planning and Zoning Commission Members FROM: Steve Gugliotta, AICP DATE: November 4, 2020 SUBJECT: PZ-20-1101 Landscape Ordinance Attached for the Commission’s review is a Landscape Ordinance. The intent of the landscape ordinance is to enhance the appearance, character, health, safety and general welfare of the City by fostering aesthetically pleasing development. The landscape regulations are applicable when there is new construction or additions that require a Site Plan Review and when those projects are within an R3A, R3B, I, O, B1, B2, B3, M1, M2 or CPD zoning district that is across a dedicated roadway right-of-way of, or abutting, any ER, R1A, R1B, R1C, or R2 zoning district. Site plan reviews are required for commercial, industrial or multi- family developments (new construction and additions of buildings and parking lots). Projects exempt from Site Plan Reviews, and thus exempt from Landscaping, would be Government uses, Schools, any uses in an Agricultural zoning district, one-story accessory buildings of 1,000 square feet or less and building additions of less than 2,000 square feet that add less than 15% to the building size over a five-year period. If an existing building or parking area, or combination thereof, is increased by 20% or less, no landscaping would be required. If an existing building or parking area, or combination thereof, is increased by more than 20% but less than 50% then landscaping would only be required for that portion of the property faced by the expanded area. If an existing building or parking area, or combination thereof, is increased by more than 50% then all property lines that abut a single or two family zoning district would need to provide landscaping. The Development Review Committee would be able to allow exceptions from the landscape regulations if the literal interpretation of provisions is impractical or would cause undue hardship because of unusual conditions. A property owner could also apply for a variance of the landscape regulations from the Planning and Zoning Commission. Also, after a landscape plan is approved, if minor changes are necessary they could be approved by the Director of Community Development. The landscape plan can be sketched by anyone, but it would need to have some basic information such as; a north arrow, name and contact information of the preparer, location of property lines, easements, buildings and structures, parking lots and driveways, signs, overhead utility lines, light poles, fences and drainage areas, elevations of proposed fences and retaining walls and a list of plants to be installed. In a front yard that is across the way from a single or two-family zoning district: • If there is a parking lot there shall be continuous shrubs at least 3 feet in height that are at least 50% evergreen, plus one tree every 100 feet. • If there is no parking lot there shall be at least 1 tree every 75 feet CITY OF GALESBURG Community Development Department Memo Operating Under Council – Manager Government Since 1957 ____________________________________________________________________________ Prepared by Gugs Page 2 of 2 In side and rear yards that abut a single or two-family zoning district: • There shall be continuous shrubs to a minimum height of 6 feet that are at least 50% evergreen o As an alternative to shrubs, the owner can choose to install a solid screen minimum 6 foot wood, vinyl or other approved material fence with at least 1 shade tree every 100 feet. The Development Review Committee members reviewed the ordinance at their November 4, 2020 meeting and recommend approval. Supporting Documents: 1. Landscape Ordinance cc: File Copy Prepared by Gug Page 1 of 5 ORDINANCE NO. _________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS, AS FOLLOWS: SECTION 1 That Section 152.033 (F) (1) of Chapter 152 of the Galesburg Code of Ordinances shall be, and hereby is, repealed. SECTION 2 That Section 152.134 (I) of Chapter 152 of the Galesburg Code of Ordinances shall be, and hereby is, amended by eliminating the following language: “Incompatible, unsightly activities are to be screened and buffered from public view. Specifically, buffering between a commercially or industrially zoned property and a residentially zoned property shall comply with Section 152.033 (F) (1) when a commercial or industrial use is developed.” And in its place insert the following language: “(See landscape regulations in Section 152.165 through 152.168)” SECTION 3 That Section 152.151(F) of Chapter 152 of the Galesburg Code of Ordinances be, and the same hereby is amended, by adding thereto the following section: (F) Landscape regulations. All parking areas shall be adequately screened and landscaped in accordance with the regulations of Sections 152.165 through 152.168. SECTION 4 That Section 152.165 of Chapter 152 of the Galesburg Code of Ordinances shall be and hereby is amended, so that as amended, it shall read as follows: 152.165 Intent. The landscape regulations are intended to preserve and enhance the appearance, character, health, safety and general welfare of the City by fostering aesthetically pleasing development. The regulations are intended to decrease the conflict between adjacent uses by minimizing the adverse impact of noise, dust, headlight glare, artificial light intrusions, and other objectionable activities or impact on neighboring uses. (A) Applicability (1) All projects requiring a Site Plan review per section 152.131; and (2) Where the project property in any R3A, R3B, I, O, B1, B2, B3, M1, M2 or CPD zoning district is across a dedicated roadway right-of-way of, or abutting, any ER, R1A, R1B, R1C, or R2 zoning district. (B) Exceptions (1) For existing developments seeking a building or parking expansion, these Prepared by Gug Page 2 of 5 landscaping regulations shall apply when the gross floor area of any existing building or structure, or parking areas, or combination thereof, is increased as follows: (a) If the existing building gross floor area, or parking area or combination thereof, is increased twenty percent (20%) or less, no additional landscaping is required (b) If the existing building gross floor area, or parking area or combination thereof, is increased more than twenty (20%) but less than fifty percent (50%), such landscaping is required for that portion of the property which is faced by the expanded area(s). (c) If the total of the building gross floor area, or parking area or combination thereof, is increased fifty (50) percent or more, such landscaping is required for the entire development, where applicable. (2) The Development Review Committee may grant exceptions from these landscape regulations as may be reasonable if literal interpretation of one or more provisions is impractical or would cause undue hardship because of unusual conditions pertaining to the land in question. SECTION 5 That Chapter 152 of the Galesburg Code of Ordinances be, and the same hereby is amended, by adding thereto the following sections: 152.166 Plan Requirements (A) A landscape plan following the standards set forth in this subchapter shall be submitted and reviewed as a part of the site plan review procedures contained in 152.130 through 152.138. (B) All landscape plans shall include or have attached thereto the following information: (1) North arrow, scale, date of preparation and revisions; (2) Name and contact information of preparer and developer/owner (3) Location and dimensions of all property lines, easements, existing and proposed buildings, structures, parking lots and driveways, other paved areas, free-standing signs, refuse areas, overhead utility lines, light fixtures, fences, drainage areas and sidewalks; (4) Elevations of proposed fences and retaining walls; (5) Plant list for all existing or proposed trees or shrubs on the site, including: Common names, quantity, height/width at installation and at maturity; (C) Minor Changes to approved landscape plans. After a landscape plan is approved, minor changes, including substitution of species that do not result in a reduction in the net amount of plant material as specified on the approved landscape plan may be approved by the Director of Community Development. Reduction in the size or number of plant materials of an approved landscape plan are not considered a minor change and must be approved by the Development Review Committee. Any proposed revisions shall be made in writing and submitted to the Community Development Department. Prepared by Gug Page 3 of 5 152.167 Performance Standards Landscape plans shall meet the following: (A) Plant material shall be selected for its form, texture, color, pattern of growth and suitability to local conditions. Drought and salt tolerant plant material shall be used within ten (10) feet of road right-of-ways and off-street parking areas; (B) The quality and size of plant material selected shall comply with the latest edition of the American Standard of Nursery Stock published by AmericanHort; (C) Landscaping and landscaping materials shall not hinder the vision of motorists and pedestrians necessary for safe movement into, out of, and within the site; (D) Landscaping materials shall be selected and placed so that the safe and enjoyable use of surrounding properties is not inhibited; (E) No shrubs or other landscape material which will reach a mature height greater than two and one-half feet (2 ½’), and no trees shall be permitted in the site visibility triangle (see Figure 152.031 (B) (4) in 152.031). (F) Trees shall have a minimum spacing of twenty feet (20’) from street light poles, street signs, fire hydrants and any other such items that may, in the opinion of the city, require similar spacing; (G) Trees located under overhead utility wires shall be selected for a mature height that is at least five feet (5’) less than the height of the wires; (H) Landscaping materials must be maintained in good condition, present a healthy, neat and orderly appearance, and kept free of weeds, refuse and debris per Chapter 94 of the Galesburg Code of Ordinances. Fences, steps, retaining walls and similar landscaping elements must be maintained in good repair. The property owner, and/or subsequent or successor owner, and their agents, including tenants, shall be jointly and severally responsible for the maintenance, repair and replacement of all landscape materials, fences, steps, retaining walls and similar landscaping elements, and refuse disposal areas. 152.168 Buffer Landscaping (A) Front yard landscaping. Corner lots and double fronting lots have two front yards (see Section 152.031). (1) Continuous shrubs shall be provided across one hundred percent (100%) of the parking lot, exclusive of driveways, to a minimum height of three feet (3’). The shrubs shall be at least fifty percent (50%) evergreen and spaced at a maximum of four feet (4’) on center. In addition, a mix of shade, ornamental and evergreen trees shall be planted at the equivalent of one (1) every one- hundred feet (100’). (2) When there is not a parking lot in a front yard, a mix of shade trees, ornamental or evergreen trees, shall be planted at equivalent of at least one (1) every seventy-five feet (75’). (B) Side and Rear Yard Landscaping Prepared by Gug Page 4 of 5 (1) Continuous shrubs shall be provided across one hundred percent (100%) of the yard(s) to a minimum height of six feet (6’). Shrubs installed along a side yard shall be continued into the front yard at a height of four feet (4’). The shrubs shall be at least fifty percent (50%) evergreen and spaced at a maximum of four feet (4’) on center. As an alternative, a solid screen may be achieved by providing a minimum six foot (6’) solid commercial grade wood, vinyl or other approved material fence the length of the property with shade trees inside the fence at the equivalent of one (1) tree every one-hundred feet (100’). Fencing installed along a side yard shall be continued into the front yard at a height of four feet (4’) and be in compliance with Section 152.033. SECTION 6 That Section 152.019 (B) (9) of Chapter 152 of the Galesburg Code of Ordinances be, and the same hereby is amended, by eliminating the following word: “and” SECTION 7 That Section 152.019 (B) (10) of Chapter 152 of the Galesburg Code of Ordinances be, and the same hereby is amended, so that as amended, it shall be by renumbered as (11). SECTION 8 That Section 152.019 (B) Chapter 152 of the Galesburg Code of Ordinances be, and the same hereby is amended, by adding thereto the following section: (10) To vary the Landscape Regulations as detailed in Sections 152.165 through 152.168; and SECTION 9 All ordinances, or parts of ordinances, in conflict with this ordinance are, to the extent of such conflict, hereby repealed. SECTION 10 This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Approved this _ day of , 20 __ , by a roll call vote as follows: Roll Call #: Ayes: _________________________________________________________________________ ______________________________________________________________________________ Nays: _________________________________________________________________________ ______________________________________________________________________________ Prepared by Gug Page 5 of 5 Absent: _______________________________________________________________________ ______________________________________________________________________________ ______________________________ John Pritchard, Mayor ATTEST: ____________________________ Kelli R. Bennewitz, City Clerk CITY OF GALESBURG Community Development Department Memo Operating Under Council – Manager Government Since 1957 ____________________________________________________________________________ Prepared by Gugs Page 1 of 1 ___________________________________________________________________________________________________________________________________________________________________________________________ TO: Planning and Zoning Commission Members FROM: Steve Gugliotta, AICP DATE: November 4, 2020 SUBJECT: PZ-20-1102 Rage Room Ordinance Attached for the Commission’s review is an ordinance that would establish a Rage Room business as a Special Use in the Neighborhood Business (B1), General Business (B2), Central Business District (B3), Light Industrial District (M1) and Heavy Industrial District (M2). Rage Rooms have become a growing trend nationwide because they offer a niche experience. In the City Ordinance, Special Uses are for uses that have a unique character and may have a perceived impact upon neighboring lands. As a Special Use, these types of businesses would need to comply with the provisions listed in the proposed ordinance that specify items such as: hours of operation; conducting the business indoors; no alcoholic liquor; no firearms; the business must monitor noise, loitering and littering; the business must manage and legally dispose of all debris, garbage, trash, yard waste and brush. As a Special Use, a proposed business owner would submit an application that would be reviewed by the Development Review Committee, who would provide a recommendation to the Planning and Zoning Commission for a decision. The Planning and Zoning Commission would be able to approve the Special Use, approve the Special Use with additional conditions or deny the Special Use. The Development Review Committee members reviewed the ordinance at their November 4, 2020 meeting and recommend approval. Supporting Documents: 1. Rage Room Ordinance cc: File Copy Prepared by Gug Page 1 of 3 ORDINANCE NO. _________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS, AS FOLLOWS: SECTION 1 That Section 152.005 of Chapter 152 of the Galesburg Code of Ordinances be, and the same hereby is amended, by inserting therein the following definitions in alphabetical order: RAGE ROOM. Also known as a smash room or anger room, where people can vent their rage by destroying objects within a room. Clients can break items by throwing them against hard surfaces, throwing other items at them or smashing them with tools, such as a sledgehammer. SECTION 2 That Section 152.075 (D) of Chapter 152 of the Galesburg Code of Ordinances be, and the same hereby is amended, by adding thereto the following: (19) Rage Room, subject to the provisions outlined in 152.122 SECTION 3 That Section 152.077 (D) of Chapter 152 of the Galesburg Code of Ordinances be, and the same hereby is amended, by adding thereto the following: (15) Rage Room, subject to the provisions outlined in 152.122 SECTION 4 That Section 152.078 (D) of Chapter 152 of the Galesburg Code of Ordinances be, and the same hereby is amended, by adding thereto the following: (5) Rage Room, subject to the provisions outlined in 152.122 SECTION 5 That Chapter 152 of the Galesburg Code of Ordinances be, and the same hereby is amended, by adding thereto the following section: 152.122 Rage Room 1. The following regulations shall apply to a Rage Room, as defined in Section 152.005: a. Hours of Operation. Monday through Saturday 10 AM to 10 PM . b. Business operations shall be conducted in an enclosed building. c. No open/outdoor storage of items waiting to be destroyed and/or smashed as a part of the business operation. Said items shall be in an enclosed structure. i. Exception. Items to be destroyed and/or smashed that are delivered or donated to the business may be placed outdoors, in a side or rear yard, when secured and screened behind a solid, opaque fence or wall measuring a minimum of six feet in height. Prepared by Gug Page 2 of 3 Said items shall be brought indoors at the end of each night so the area does not become a harborage for rodents. If the business premises abuts an adjacent residential use or zoning district, this delivery/donation area shall be at least 10 feet from the side and rear property lines. d. Alcoholic Liquor prohibited. No alcoholic liquor shall be sold and/or consumed on the business premises. e. Firearm or other weapons prohibited. No person, excluding police officers, shall carry, possess, conceal or display any firearm, knife or other deadly weapon at the business premises. f. Employee Presence on Site. At least one trained employee shall be at the business premise at all times to oversee the rage room sessions. The business shall make additional staff available, as needed, to handle the rage room, disposal of trash and implement safety protocols. g. Exterior area of property and noise. The business shall regularly monitor the exterior area of the premises during all of its business hours in order to address and abate noise, loitering and littering complaints. h. All debris, garbage, trash, yard waste or brush shall be picked up throughout the day and at the end of each night. The business shall provide proper receptacles so that all debris, garbage, trash, yard waste or brush are wholly contained in said receptacles. All receptacles shall be maintained in a way as to prevent contents from blowing out. All debris, garbage, trash, yard waste or brush shall be disposed of in compliance with all current local, state and federal ordinances, laws and regulations. i. The business shall deny entry to any person who is visibly intoxicated and shall immediately notify local police of all unlawful acts witnessed by, or reported to, any of its employees, including instances of public intoxication, loitering, use of narcotic drugs, unlawful use of cannabis, fighting, or other public disturbances. j. The Business shall display a sign in a conspicuous location near the front door inside the Premises that reads, “Please Respect Our Neighbors, Please Exit Quietly and Do Not Loiter.” k. The Business shall discourage any illegal parking of vehicles by its patrons in front of and around the licensed premises by refusing service to any such person who parks a vehicle illegally. l. If the business has security cameras monitoring the premises, the Business shall be bound by the following restrictions: All camera recordings shall be indexed by date and time. All camera recordings shall be preserved on a Business computer for at least seven (7) days after recording. All camera recordings shall be stored at the business in a secure manner within its offices, the access to which shall be Prepared by Gug Page 3 of 3 limited to business personnel. All camera recordings shall be made immediately available to the Galesburg Police Department upon request. SECTION 6 That Table 152.155 (B) (2) of Chapter 152 of the Galesburg Code of Ordinances be, and the same hereby is amended, by adding thereto the following under Commercial Uses in alphabetical order: Rage Room 4 parking spaces per 1,000 SF of GFA 1 loading space SECTION 7 All ordinances, or parts of ordinances, in conflict with this ordinance are, to the extent of such conflict, hereby repealed. SECTION 8 This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Approved this _ day of , 20 __ , by a roll call vote as follows: Roll Call #: Ayes: _________________________________________________________________________ ______________________________________________________________________________ Nays: _________________________________________________________________________ ______________________________________________________________________________ Absent: _______________________________________________________________________ ______________________________________________________________________________ ______________________________ John Pritchard, Mayor ATTEST: ____________________________ Kelli R. Bennewitz, City Clerk