Loading...
HomeMy Public PortalAbout02-07-23 Plan Commission Agenda PacketPlan Commission Tuesday, February 07, 2023 7:00 PM Village Boardroom 24401 W. Lockport Street Plainfield, IL 60544 Agenda CALL TO ORDER PLEDGE TO THE FLAG ROLL CALL APPROVAL OF MINUTES Approval of the Minutes of the Plan Commission held on January 17, 2023. 01-17-23 Plan Commission Minutes.pdf PUBLIC COMMENTS DEVELOPMENT REPORT OLD BUSINESS NEW BUSINESS 1.ZONING TEXT AMENDMENTS (CASE 1986-112922.TA) 1.a.Seeking a motion to open a Public Hearing for the proposed text amendments to the Village of Plainfield Zoning Ordinance. 1.b.Seeking a motion to close the Public Hearing for the proposed text amendments to the Village of Plainfield Zoning Ordinance. 1.c.Seeking a motion to recommend approval of the proposed text amendments to the Village of Plainfield Zoning Ordinance as outlined in the staff report. Text Amendments Staff Packet.pdf DISCUSSION 1 Plan Commission Page - 2 ADJOURN REMINDERS - February 8th - Coffee with the Mayor at 9:00 a.m. at the Village Hall February 13th - Committee of the Whole Workshop at 7:00 p.m. February 20th - Village Offices Closed February 21st - Plan Commission Meeting at 7:00 p.m. 2 Plan Commission Record of Minutes Date: January 17, 2023 Location: Village Hall CALL TO ORDER Chairman Kiefer called the Plan Commission meeting to order at 7:00 p.m. PLEDGE TO THE FLAG Chairman Kiefer led the pledge to the flag. ROLL CALL PRESENT: Commissioners Goins, Heinen, Minnis, Nicholson, Renzi, Seggebruch, Valerga, and Chairman Kiefer. ABSENT: Commissioner Womack STAFF: Jonathan Proulx, Planning Director Amanda Martinez, Associate Planner APPROVAL OF MINUTES The Minutes of Plan Commission held on December 6, 2022 were approved as presented. PUBLIC COMMENTS No Public Comments. DEVELOPMENT REPORT Mr. Proulx provided an update on the following: Wild Horse Knoll, Eastern Ave. Variance, Todd’s Auto Shop, and James St. Variance. OLD BUSINESS No Old Business. NEW BUSINESS 1990-122722.FP: WILD HORSE KNOLL FINAL PLAT OF SUBDIVISION Ms. Martinez provided an overview on the approval request for the Final Plat of Subdivision for Wild Horse Knoll (WHK). Chairman Kiefer swore in Dave Hardesty, applicant. Mr. Hardesty indicated the requested changes were made to the landscaping plan. Chairman Kiefer asked for public comment, there was no response. Commissioner Heinen commented that he would like to the Village to eliminate the access to the south on Normantown Rd. as part of a long-term plan. Commissioner Seggebruch made comments regarding Normontown Rd. concerns. Commissioner Goins is concerned that there is no area for children to play. 3 Plan Commission Minutes January 17, 2023 Page 2 of 4 Commissioner Minnis made a motion to approve the Final Plat of Subdivision for Wild Horse Knoll, subject to the following four (4) stipulations: 1. Compliance of the requirements of the Village Engineer; 2. Compliance of the requirements of the Plainfield Fire Protection District; 3. Compliance of the provisions of the Annexation Agreement; and 4. Payment of appropriate recapture fee. Second by Commissioner Valerga. Vote by roll call: Heinen, yes; Renzi, yes; Seggebruch, yes; Valerga, yes; Minnis, yes; and Kiefer, yes. Motion carried 6-0. 1989-122022.AA: PRE-ANNEXATION FOR THE SEC OF NAPERVILLE RD & LAKE PL. Commissioner Renzi made a motion to open the public hearing. Second by Commissioner Minnis. The motion carried unanimously by voice vote: Ayes: Heinen, Minnis, Renzi, Seggebruch, Valerga, and Kiefer Nays: None Mr. Proulx provided an overview on the request for pre-annexation to the Village of Plainfield. Chairman Kiefer swore in Brian Bart, representing the applicant. Chairman Kiefer asked for public comment, there was no response. Commissioner Valerga asked if staff received any comments from the neighbors. Mr. Proulx stated one inquiry was received asking if the lot was buildable. Commissioner Renzi had questions regarding how a pre-annexation agreement would turn into an annexation. Commissioner Heinen had questions for the application regarding the floodplain and wanted to make sure the applicant is meeting the floodplain requirements. Commissioner Valerga made a motion to close the public hearing. Second by Commissioner Seggebruch. The motion carried unanimously by voice vote: Ayes: Heinen, Minnis, Renzi, Seggebruch, Valerga, and Kiefer Nays: None Commissioner Minnis made a motion to recommend approval of pre-annexation of the property located at the southeast corner of Naperville-Plainfield Road and Lake Place (PIN: 06-03-03-403- 034-0000), as a logical extension of the Village of Plainfield. Second by Commissioner Heinen. Vote by roll call: Renzi, yes; Seggebruch, yes; Valerga, yes; Heinen, yes; Minnis, yes; and Kiefer, yes. Motion carried 6-0. 4 Plan Commission Minutes January 17, 2023 Page 3 of 4 1987-113022.AA.REZ: ANNEXATION & REZONING OF THE GRAY FAMILY PARTNERSHIP- ROT FARM Commissioner Valerga made a motion to open the public hearing. Second by Commissioner Renzi. The motion carried unanimously by voice vote: Ayes: Heinen, Minnis, Renzi, Seggebruch, Valerga, and Kiefer Nays: None Mr. Proulx provided an overview on the request for annexation to the Village of Plainfield and rezoning of the property. Chairman Kiefer swore in John Philipchuck, representing the applicant. Mr. Philipchuck spoke on behalf of the applicant. Chairman Kiefer asked for public comment. Chairman Kiefer swore in Doug Zimny, resident. Mr. Zimny spoke out in opposition to the petition. Mr. Zimny stated he has made an offer to purchase the property. Chairman Kiefer swore in Gary Hostert, Na-Au-Say Township Road Commissioner. Mr. Hostert spoke out in opposition to the petition specifically concerned about road improvements. Chairman Kiefer asked Mr. Proulx the road improvements for this area that have been planned for many years. Mr. Proulx explained what future road improvements are planned for this area. Chairman Kiefer swore in Eric Bernacki, Na-Au-Say Township Trustee & Regional Plan Commission for Kendall County. Mr. Bernacki spoke out in opposition to the petition specifically concerned about the proposed industrial zoning. Chairman Kiefer swore in David Renard, resident. Mr. Renard spoke out in opposition to the petition specifically concerned about the proposed industrial zoning. Chairman Kiefer swore in Jim Konowalik, resident. Mr. Konowalik spoke out in opposition to the petition specifically concerned about the traffic and road conditions. Chairman Kiefer swore in Pam George, resident. Ms. George spoke out in opposition to the petition specifically concerned about the traffic and safety. Mr. Proulx explained what traffic and safety conditions would be reviewed if a development application is received. Chairman Kiefer swore in Patty Zimny, resident. Ms. Zimny spoke out in opposition to the petition specifically concerned about the traffic, road condition and the quality-of-life change for them. Chairman Kiefer swore in Natalie Cappetta. Ms. Cappetta spoke out in opposition to the petition specifically the findings in the staff report, missing items required at application, zoning, value of house, and requested a traffic study. Chairman Kiefer asked staff to address concerns. Mr. Proulx addressed the concerns. Commissioner Heinen feels the industrial corridor should stay east of Ridge Road and South of 143rd St. 5 Plan Commission Minutes January 17, 2023 Page 4 of 4 Commissioner Minnis explained why he is struggling with the rezoning of the property but thought the annexation is a logical extension of the village. Commissioner Renzi explained why he is also struggling with the rezoning of the property and feels the annexation is a logical extension of the village. Commissioner Seggebruch indicated he can support the annexation and explained why it is difficult to support the rezoning. Commissioner Valerga stated the zoning seems premature. Commissioner Nicholson agreed with his fellow commissioners. Commissioner Goins also agreed with supporting the annexation but not the rezoning. Mr. Philipchuck made closing comments. Commissioner Heinen made a motion to close the public hearing. Second by Commissioner Valerga. The motion carried unanimously by voice vote: Ayes: Heinen, Minnis, Renzi, Seggebruch, Valerga, and Kiefer Nays: None Commissioner Valerga made a motion to recommend approval of annexation of the Gray Family Partnership-Rot Farm as a logical extension of the Village of Plainfield’s municipal boundary. Second by Commissioner Heinen. Vote by roll call: Minnis, yes; Renzi, yes; Seggebruch, yes; Heinen, yes; Valerga, yes; and Kiefer, yes. Motion carried 6-0. The commission discussed their thoughts regarding the motion for rezoning. Commissioner Minnis made a motion to adopt the findings of fact of staff as the findings of fact of the Plan Commission and recommend approval of the requested map amendment (re-zoning) of the subject site from R-1 to R-3, B-3 and I-1 as indicated on the Conceptual Land Use Plan. Second by Commissioner Seggebruch. Vote by roll call: Heinen, no; Renzi, no; Valerga, abstain; Seggebruch, no; Minnis, no; and Kiefer, no. Motion did not carry 5-0. DISCUSSION No Discussion. Chairman Kiefer read the reminders. ADJOURN Plan Commission meeting adjourned at 9:31 p.m. Respectfully submitted by Tracey Erickson Tracey Erickson, Recording Secretary 6 John F. Argoudelis PRESIDENT Michelle Gibas VILLAGE CLERK TRUSTEES Harry Benton Kevin M. Calkins Patricia T. Kalkanis Cally Larson Tom Ruane Brian Wojowski TO: PLAN COMMISSION FROM: PLANNING STAFF DATE: FEBRUARY 7, 2023 SUBJECT: REPORT TO THE PLAN COMMISSION TEXT AMENDMENTS TO THE ZONING CODE CASE NUMBER 1986-112922.TA REQUEST: Zoning Ordinance Text Amendments (Public Hearing) APPLICANT: Village of Plainfield DISCUSSION Staff has identified a number of regulations in the Zoning Code that have become targets for frequent variance requests, interpretation, or are otherwise recommended for adjustment. Topics include regulations relating to chicken coops; permitted obstructions; donation boxes; short-term rentals; content of public hearing notices; commercial truck parking; fences; electronic message signs; and Interstate 55 Corridor Highway signage. Staff plans to present these proposed changes to the Village Board either on 2/27/23 or 3/6/23. ANALYSIS Chicken Coops (Attachment A) Staff is proposing an amendment to the chicken coop language due to the language of a registry requirement. The current code directs the Planning Department to manage a registry of chicken coops that has not been implemented. The building permitting process is a sufficient “registration” mechanism that allows the Village to track all chicken coops. The amendment still provides the Village the ability to inspect the property, while eliminating an unnecessary process. Permitted Obstructions (Attachment B) Staff is proposing the amendment to the permitted obstructions in yards table (Table II-2) to include chicken coops and donation boxes. This does not change the fact that chicken coops and donation boxes have been permissible nor does it change the yard the Village has been allowing 7 REPORT TO THE PLAN COMMISSION Page #2 of 4 1986-112922.TA 02/07/2023 TEXT AMENDMENTS TO THE ZONING CODE them in. The amendment simply clarifies the required yards in a table format and places the permitted obstructions all in one place so not to be confusing to an applicant. Donation Boxes (Attachment C) The current donation box ordinance references the need for the donation box to be a non-profit donation box. Since this code was written, the distinguishing between for-profit and non-profit has been found to be illegal, so staff requests to amend the ordinance by deleting this portion. Staff also took the opportunity to amend some of the application requirements and standards in an effort to further support staff’s initial intake, review, and enforcement. The amendment provides thorough oversight of the application requirements, permissible locations, aesthetics, and proper maintenance that also includes enforcement direction if found not to be in complaince. The amendment includes the following nine (9) site standards: 1. No more than one (1) donation box is permitted on any property and is only permitted on a lot that also contains a principal building 2. A donation box shall not exceed 7 feet in height or cover a ground area of more than 32 square feet; 3. All donation boxes shall be located on a paved surface; 4. All donation boxes shall have a minimum set back of 5 feet from any property line or 20 feet from any property line adjacent to a residentially zoned property; 5. All donation boxes shall be clear of any vision site triangles as defined in this Chapter; 6. A donation box shall not occupy required parking spaces; 7. All donation boxes shall be placed on an area of the property that is well-lit and easy to access by a vehicle; 8. A donation box shall not be located within 500 feet from any other donation box; and 9. A sign shall be placed on the front of the donation box indicating that no material shall be left outside of the box if full. Short-Term Rentals (Attachment D) In the past few years, the number of inquiries about short-term rentals (commonly known as Air BnB) has increased. Currently, the zoning code does not address short term rentals at all; specifically, they are not included in the Use Table (Section 9-13, Uses). The Uses section states: “Uses that are not listed may also be prohibited; determination of whether an unlisted use may be permitted shall be made by the village planner in accordance with section 9-25, Interpretation.” Staff has generally interpreted Short Term Rentals as being unlisted and therefore prohibited. However, the ambiguity of the code around this particular issue has also been a cause for concern among staff. The proposed addition to the zoning code is an outright prohibition of short-term rentals within the Village of Plainfield. Staff feels this will preserve the residential character of the Village’s neighborhoods, while also codifying a long-standing interpretation of the current code. The addition of this section provides a clear directive for staff to pass on to those calling to inquire about short term rentals. 8 REPORT TO THE PLAN COMMISSION Page #3 of 4 1986-112922.TA 02/07/2023 TEXT AMENDMENTS TO THE ZONING CODE Content Of Public Hearing Notices (Attachment E) Village staff is seeking to delete the requirement of a legal description to be provided as part of the public hearing notice when not warranted by state statute. The cost associated with publishing a legal notice in the paper with a description versus without can be as much as a $200 difference. Rather than pass on this cost to an applicant or the Village pay those overages, staff is proposing to eliminate this requirement as state statute does not require it from zoning action. For instance, 65 ILCS 5/11-13-1.1 states, “Any notice required by this Section need not include a metes and bounds legal description of the area classified for special uses, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the area classified for special uses.” Commercial Truck Parking (Attachment F) Within Chapter 9 Article IX Sec. 9-73. - General standards for off-street parking and loading, the code currently states that a commercial or recreational vehicle parked within an R district shall have a current vehicle registration at the address where it is to be parked. This required registration to the home address does not align with the enforcement measures that code enforcement staff is allowed to conduct. For instance, staff cannot legally obtain the registration information even if a complaint has been received. Staff seeks to amend the code by removing the requirement that the vehicle should be registered to the address of where it is to be parked at to help alleviate any conflicts in the enforcement process. Fences (Attachment G) The proposed changes to Article X – Fences are intended to address two concerns of staff: (1) to correct inaccurate references to other sections within this article and (2) to reorganize and clarify the residential fence standards and how they apply in different yards. The latter does not represent a change in the content or this section, but rather simply a new structure that staff hopes will be easier to interpret for residents and staff alike. Current code for residential fences consists of: Sec. 9-85. - Fences in the core area and TN district; and Sec. 9-86. - Fences in R districts other than core area and TN districts. The new organization proposes the following: Section 9-85 Residential Fences in Front Yards and Corner Side Yards; and Section 9-86 Residential Fences in Rear Yards and Interior Side Yards. Electronic Message Signs (Attachment H) The Village permits the use of electronic message centers (EMC) as part of a signage so long as it meets certain criteria. One criteria provides the appropriate “brightness” and measurements associated with this. Unfortunately, this brightness measurement is in “nits” and every other type of light measurement (street/parking lights, wall lighting, etc.) is measured by footcandles 9 REPORT TO THE PLAN COMMISSION Page #4 of 4 1986-112922.TA 02/07/2023 TEXT AMENDMENTS TO THE ZONING CODE or lumens. Staff researched and found a tool to measure nits; however, it is very expensive. Additionally, a measurement of nits focuses on the brightness of one spot on a sign, whereas the measurement of footcandles takes into account the impact of the whole sign. Additionally, staff seeks to clarify the language indicating how much of the total sign area an EMC can occupy. This percentage has been, and will continue to be, less than 50% of the sign. The previous language, however, was ambiguous and unnecessarily complicated. Since staff was addressing the issue related to light measurement, we chose to clarify this item as well. Interstate 55 Corridor Highway signage (Attachment I) The Village has been approached by the Boulevard development to place a new highway sign on their property. With the Village’s current standards, a sign this tall would not be permitted. Staff has prepared a sign ordinance amendment that would allow for highway signage with the following criteria: 1. Developments zoned for business uses only; 2. Developments of 50 acres or more; 3. Approved development, either through a planned unit development or site plan approval; and 4. Developments within 150 feet of Interstate 55 roadway (see Map XI-2) 5. Only one sign per property/project. 6. A maximum height of one hundred (100) feet in height, as measured from grade of the ground at which it is placed to the top of the sign. 7. A maximum of one thousand (1,000) square feet in area inclusive of electric message centers. 8. Setback shall be 100% of the proposed sign height. 9. Freestanding highway signs shall be supported by two poles or incorporate masonry into 50% of the sign structure. CONCLUSION/RECOMMENDATION Staff looks forward to discussion, input and direction on these topics from the Plan Commission and public. Should the Plan Commission support the proposed text amendment, as may be modified following discussion at the February 7th public hearing, the following motion is offered for your consideration: I move we recommend approval of the proposed text amendments to the Village of Plainfield Zoning Ordinance as outlined in the staff report and attachments. 10 ORDINANCE NO. AN ORDINANCE PROVIDING FOR CERTAIN TEXT AMENDMENTS TO THE VILLAGE OF PLAINFIELD MUNICIPAL CODE NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS THAT CHAPTER 9 OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD BE AMENDED, AS FOLLOWS: I. That Chapter 6, Section 6-108(h) – Keeping of Chickens Registration, is hereby amended to the following: (h) Village Verification Allowance. Through the execution of a chicken coop permit application, the applicant is providing permission for any village building or code enforcement official to access the rear yard of the property for the purposes of verifying compliance with applicable Village Code, specifically as it relates to the number of hens. II. That Chapter 9, Section 9-14, Table II-2 – Permitted Obstructions in Yards, is hereby amended to include the following in the table: Front Rear Side Corner Side Chicken coops (pursuant to Chapter 6, Section 108) N P N N Donation Boxes (pursuant to Section 9-16(8)) P P P P III. That Chapter 9, Section 9-16(9) – Donation boxes, is hereby amended to the following: (9) Donation boxes. Donation boxes are permitted in accordance with Section 9-14 Table II.2 provided they are operated in a safe and tidy manner. All donation boxes that will be in place for less than six (6) months shall require approval by the village planner. All donation boxes that will be in place more than six (6) months shall require approval of the village board. Applications for placement and operation of a donation box shall conform to the following standards and requirements: a. Application Requirements. A completed application and required attachments shall be submitted to the Planning Department. The Planning Department shall complete an initial review within two (2) weeks of receiving a complete submission, which shall include the following: i. A complete application and an application fee of one hundred dollars ($100.00) that will be non-refundable; ii. Signed authorization from the landowner to allow placement of the donation box on the property; iii. Proof of general liability insurance of at least $1,000,000.00 covering the applicant’s donation box; iv. A site plan or map indicating the location of the donation box on the property and any other donation boxes currently located within 500 feet from the proposed location; and v. Photographs of the proposed donation box location on the property. 11 b. Site Standards. i. No more than one (1) donation box is permitted on any property and is only permitted on a lot that also contains a principal building ii. A donation box shall not exceed 7 feet in height or cover a ground area of more than 32 square feet; iii. All donation boxes shall be located on a paved surface; iv. All donation boxes shall have a minimum set back of 5 feet from any property line or 20 feet from any property line adjacent to a residentially zoned property; v. All donation boxes shall be clear of any vision site triangles as defined in this Chapter; vi. A donation box shall not occupy required parking spaces; vii. All donation boxes shall be placed on an area of the property that is well-lit and easy to access by a vehicle; viii. A donation box shall not be located within 500 feet from any other donation box; and ix. A sign shall be placed on the front of the donation box indicating that no material shall be left outside of the box if full. c. Maintenance and Service: i. It shall be the responsibility of the donation box applicant to keep a twenty (20) foot radius around the donation box free and clear of debris, donation/collection overflow, litter, and/or dumped material. ii. The donation box shall be maintained and in good working order, including removal or repair of damaged signs/notifications, graffiti, peeling paint, rust, and broken collection operating mechanisms. iii. All debris outside of the box shall be removed and cleaned no later than seventy-two (72) hours after the landowner and/or donation box applicant is notified by the Village of the violation. iv. The boxes shall be serviced between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing shall include emptying the donation box, making any repairs, or removing debris described in this section. v. All repairs to damaged or blighted boxes described herein shall be completed within ten (10) days from written notice by the Village of the violation. vi. The Village reserves the right to require removal of the donation box following three (3) written notices regarding violations of the standards herein. If the donation has not been removed within fourteen (14) days, the Village may fine the property owner and place a lien on the property. IV. That Chapter 9, Section 9-20.5 is hereby amended to include the following: Section 9-20.5 Short-Term Rentals (1) Definitions: a. RESIDENTIAL STRUCTURE: A residential structure located in a residential zoning district within the corporate limits of the Village of Plainfield. b. SHORT-TERM RESIDENTIAL RENTAL: A residential structure, as defined herein, offered for rent for a period which does not exceed thirty (30) consecutive 12 days. The term "short-term residential rental" shall not include hotels, motels, or bed and breakfast establishments as defined in Article XVI. c. SHORT-TERM RESIDENTIAL RENTAL PROPERTY OWNER: The individual or entity which has title to the property which is the subject of a short-term residential rental. (2) Purpose and Applicability: It is the intent and purpose of this Chapter (Short-Term Residential Rentals) to preserve the character and integrity of residential neighborhoods within the Village by prohibiting residential structures from being used for the commercial purpose of providing short-term residential rentals. (3) Short-Term Residential Rentals Prohibited: a. It shall be unlawful for any person or entity to operate, use, offer for rent or use, or advertise for rent or use, any property within the Village of Plainfield as a short-term residential rental. b. It shall not be considered a short-term residential rental when the preceding owner of a property maintains possession of a residential structure after closing for the sale thereof but leases the property back from the successor owner for a period of time pursuant to a written agreement. V. That Chapter 9, Section 9-38(4) – Content of notice of public hearing, is hereby amended to the following: (4) Content of notice of public hearing. Unless otherwise expressly stated, all notices of public hearing for variances, amendments, special uses, historic landmark and historic districts, shall contain the following information: a. The number assigned to the application; and b. A description of the nature of the application; and c. The venue, date, and time of the hearing; and d. A statement that additional information concerning the public hearing can be obtained from the community development department; and e. Contact information of the community development department. VI. That Chapter 9, Section 9-73(4)(d) is hereby amended to the following: d. Trucks, trailers, boats, and RVs. Trucks, trailers, boats and recreational vehicles may be parked in a front yard within an R district with the following restrictions: i. There shall be no more than one (1) commercial truck, trailer, boat or RV per lot; and ii. Any RV may not be occupied or used as a dwelling unit. VII. That Chapter 9, Section 9-84(2) – General fence standards for all districts, Materials, is hereby amended to the following: (2) “Refer to section 9-86(2); 9-87(3); 9-88(3); 9-89(3); for specific zoning districts and uses.” VIII. That Chapter 9, Section 9-85 and Section 9-86 are hereby amended to the following: Section 9-85 Residential Fences in Front Yards and Corner Side Yards (1) In addition to the provisions of section 9-84, General fence standards for all districts, the following standards shall apply to all R districts. (2) Location. 13 a. Permitted. Fences in front yards and corner side yards shall only be permitted on single-family and duplex residential lots within the TN district and core area as indicated on Map X-1, subject to the standards of this section. Map X-1. R-1 Overlay and Fence Regulation Core Area b. Prohibited. Fences in front yards and corner side yards shall be prohibited for all other residential lots (that are not permitted under subsection a), with the following exceptions: i. Decorative fences and walls. Decorative fences and walls are permitted in the front yard, providing that: 1. Wall height does not exceed two (2) feet; and 2. Fence height does not exceed four (4) feet; and 3. The fence provides no more than fifty (50) percent opacity; and 4. The length of any single continuous length of fence is limited to six (6) feet, and; 5. The combined length of all of the decorative fencing and walls in the front yard does not exceed twenty-five (25) percent of the front lot line. 14 ii. An administrative adjustment to allow limited encroachment into the corner side yard may be considered under the provisions of Section 9-34(1)(d). (3) Permitted materials and design. Where permitted, fences in the front and corner side yard shall meet the following: a. Fence height shall not exceed four (4) feet. b. Fence shall be open-style, having at least fifty (50) percent opacity c. Fences may be constructed of wood, wood laminate, wrought iron, masonry, aluminum, vinyl or a combination of these materials. Any material used must be rigid. Any use of barbed wire, razor wire, or similar such wire manufactured and used primarily for security, is prohibited. Chain-link fencing may be used only to replace or repair a chain-link fence that was existing on the effective date of this ordinance or for recreation and utility applications. Section 9-86 Residential Fences in the in Rear Yards and Interior Side Yards (1) In addition to the provisions of section 9-84, General fence standards for all districts, the following standards apply to all R districts (2) Location. Fences are permitted in the rear yard and interior side yard of any residential district. Figure X-3 illustrates various building footprints and where fences would be allowed. Figure X-3. Permitted Fence Locations in R Districts The above examples illustrate various building footprints and corresponding permitted areas for fences. The illustrations are not drawn to scale and are not intended to accurately depict required setbacks or other dimensions. (3) Permitted materials and design. a. Fence height shall not exceed six (6) feet (see Figure X-4. Measuring Maximum Fence Heights in R Districts) 15 b. Fences may be constructed of wood, wood laminate, wrought iron, masonry, aluminum, vinyl or a combination of these materials. Any material used must be rigid. Any use of barbed wire, razor wire, or similar such wire manufactured and used primarily for security, is prohibited. Chain-link fencing may be used only to replace or repair a chain-link fence that was existing on the effective date of this ordinance or for recreation and utility applications. Figure X-4. Measuring Maximum Fence Heights in R Districts Fence Height: Decorative Caps—Not Included in Height Fence Height: Decorative Caps—Included in Height Fence Height: Combination of Wall and Fence 16 Fence Height: Varied Design IX. That Chapter 9, Section 9-87 is hereby amended to the following: In addition to the provisions of section 9-84, General fence standards for all districts, the following standards apply to all B districts except those lots within the core area: X. That Chapter 9, Section 9-88 is hereby amended to the following: In addition to the provisions of section 9-84, General fence standards for all districts, the following standards apply to all I districts: XI. That Chapter 9, Section 9-100(2) is hereby amended to the following: (2) Electronic message centers may be incorporated into a single- or multi-tenant monument-style ground sign face such that the dynamic message sign face shall be a maximum of twenty-four (24) square feet in size and shall not occupy more than fifty (50) percent of the total area of the sign face; XII. That Chapter 9, Section 9-100(7) is hereby amended to the following: (7) Electronic message centers that contain digital displays: i. Shall be installed with a dimmer control; ii. Shall not exceed 0.3 footcandles over ambient lighting conditions when measured at the recommended distance based on EMC sign (�(Sign area in sq ft × 100) =recommended distance) XIII. That Chapter 9, Section 100 – Special signs, districts and uses, is hereby amended to include the following subsection: (h) Interstate 55 Corridor Highway Signage. Freestanding signs to provide on-site advertisement of large commercial developments located in the I-55 Highway Corridor shall adhere to the following: (1) Qualifying developments: Only developments which meet all of the following criteria shall be permitted a freestanding sign for the purposes of on-site advertisement: i. Developments zoned for business uses; ii. Developments of 50 acres or more; iii. Approved development, either through a planned unit development or site plan approval; and iv. Developments within 150 feet of Interstate 55 roadway (see Map XI-2) (2) In addition to other permitted signage, qualified developments (as defined above) may be permitted one freestanding highway sign. (3) Freestanding signages shall be for on-site advertisement only. 17 (4) Freestanding signs may incorporate electronic message centers, which must adhere to the standards set forth in this Section 9-100(a), except for any size requirements specifically mentioned for highway signage. (5) Sign Location: i. Freestanding signs shall be located in the Interstate 55 Sign Corridor (see Map XI-2), which is defined as being within 150 feet from the interstate highway on a commercial and/or industrial development. ii. Sign setback shall be a minimum of 100% of the sign height from any lot line and shall adhere to all Illinois Department of Transportation regulations associated with sign placement along an IDOT roadway. Map XI-2 55 Sign Corridor 18 (6) Sign Size: i. Freestanding highway signs shall be a maximum height of one hundred (100) feet in height, as measured from grade of the ground at which it is placed to the top of the sign. ii. Freestanding highway signs shall be a maximum of one thousand (1,000) square feet in area inclusive of electric message centers. 19 (7) Sign Structure & Design i. Freestanding highway signs shall be supported by two poles or incorporate masonry into 50% of the sign structure. ii. Freestanding highway signs shall have a uniform design in terms of shape and size, as determined by the Zoning Administrator. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as required by law. PASSED THIS ______ DAY OF ____________, 2023. AYES: NAYS: ABSENT: APPROVED THIS ______ DAY OF ____________, 2023. VILLAGE PRESIDENT ATTEST: VILLAGE CLERK 20 Attachment A Chicken Coops Chapter 6, Article IV. Section 6-108(h) – Registration Current Proposed (h) Registration. All persons keeping hens in the village shall register with the village's planning department prior to acquiring the hens. Registration shall be on a form established by the village's planning department and shall include written permission for any village building or code enforcement official to access the rear yard of the property where the hens are located for the purpose of verifying compliance with applicable village Code. Registration shall not be permitted until the shelter has passed final inspection by the village's building department. (h) Village Verification Allowance. Through the execution of a chicken coop permit application, the applicant is providing permission for any village building or code enforcement official to access the rear yard of the property for the purposes of verifying compliance with applicable Village Code, specifically as it relates to the number of hens. 21 Attachment B Permitted Obstructions Chapter 9, Article II. Section 9-14 – Permitted obstructions in required yards Current None, new addition to code. Proposed: Front Rear Side Corner Side Chicken coops (pursuant to Chapter 6, Section 108) N P N N Donation Boxes (pursuant to Section 9-16(8)) P P P P 22 Attachment C Donation Boxes Chapter 9, Article II. Section 9-16(9) – Donation Boxes Current Proposed (9) Donation boxes. Donation boxes are permitted provided they are operated in a safe and tidy manner and do not occupy required parking spaces. All donation boxes that will be in place more than six (6) months shall require approval of the village board. All donation boxes that will be in place for less than six (6) months require approval by the village planner. Applications for placement and operation of a donation box must: a. Provide proof of charitable status; b. Prove that they have permission from the land owner to have the box on the property; c. Agree to keep the area around the box free of litter; d. Agree to remove graffiti from the box and; e. Agree to keep the box in good repair. (9) Donation boxes. Donation boxes are permitted in accordance with Section 9-14 Table II.2 provided they are operated in a safe and tidy manner. All donation boxes that will be in place for less than six (6) months shall require approval by the village planner. All donation boxes that will be in place more than six (6) months shall require approval of the village board. Applications for placement and operation of a donation box shall conform to the following standards and requirements: a. Application Requirements. A completed application and required attachments shall be submitted to the Planning Department. The Planning Department shall complete an initial review within two (2) weeks of receiving a complete submission, which shall include the following: i. A complete application and an application fee of one hundred dollars ($100.00) that will be non-refundable; ii. Signed authorization from the landowner to allow placement of the donation box on the property; iii. Proof of general liability insurance of at least $1,000,000.00 covering the applicant’s donation box; iv. A site plan or map indicating the location of the donation box on the property and any other donation boxes currently located within 500 feet from the proposed location; and v. Photographs of the proposed donation box location on the property. b. Site Standards. i. No more than one (1) donation box is permitted on any property and is only permitted on a lot that also contains a principal building ii. A donation box shall not exceed 7 feet in height or cover a ground area of more than 32 square feet; iii. All donation boxes shall be located on a paved surface; iv. All donation boxes shall have a minimum set back of 5 feet from any property line or 20 feet from any property line adjacent to a residentially zoned property; v. All donation boxes shall be clear of any vision site triangles as defined in this Chapter; 23 vi. A donation box shall not occupy required parking spaces; vii. All donation boxes shall be placed on an area of the property that is well-lit and easy to access by a vehicle; viii. A donation box shall not be located within 500 feet from any other donation box; and ix. A sign shall be placed on the front of the donation box indicating that no material shall be left outside of the box if full. c. Maintenance and Service: i. It shall be the responsibility of the donation box applicant to keep a twenty (20) foot radius around the donation box free and clear of debris, donation/collection overflow, litter, and/or dumped material. ii. The donation box shall be maintained and in good working order, including removal or repair of damaged signs/notifications, graffiti, peeling paint, rust, and broken collection operating mechanisms. iii. All debris outside of the box shall be removed and cleaned no later than seventy-two (72) hours after the landowner and/or donation box applicant is notified by the Village of the violation. iv. The boxes shall be serviced between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing shall include emptying the donation box, making any repairs, or removing debris described in this section. v. All repairs to damaged or blighted boxes described herein shall be completed within ten (10) days from written notice by the Village of the violation. vi. The Village reserves the right to require removal of the donation box following three (3) written notices regarding violations of the standards herein. If the donation has not been removed within fourteen (14) days, the Village may fine the property owner and place a lien on the property. 24 Attachment D Short-Term Rentals Chapter 9, Article II. Section 9-20.5 – Short Term Rentals Current None, new addition to code. Proposed: Section 9-20.5 Short-Term Rentals I. Definitions: a. RESIDENTIAL STRUCTURE: A residential structure located in a residential zoning district within the corporate limits of the Village of Plainfield. b. SHORT-TERM RESIDENTIAL RENTAL: A residential structure, as defined herein, offered for rent for a period which does not exceed thirty (30) consecutive days. The term "short-term residential rental" shall not include hotels, motels, or bed and breakfast establishments as defined in Article XVI. c. SHORT-TERM RESIDENTIAL RENTAL PROPERTY OWNER: The individual or entity which has title to the property which is the subject of a short-term residential rental. II. Purpose and Applicability: It is the intent and purpose of this Chapter (Short-Term Residential Rentals) to preserve the character and integrity of residential neighborhoods within the Village by prohibiting residential structures from being used for the commercial purpose of providing short-term residential rentals. III. Short-Term Residential Rentals Prohibited: i. It shall be unlawful for any person or entity to operate, use, offer for rent or use, or advertise for rent or use, any property within the Village of Plainfield as a short-term residential rental. ii. It shall not be considered a short-term residential rental when the preceding owner of a property maintains possession of a residential structure after closing for the sale thereof but leases the property back from the successor owner for a period of time pursuant to a written agreement. 25 Attachment E Content of Public Hearing Notices Chapter 9, Article III. Section 9-38(4) – Content of notice of public hearing Current Proposed (4) Content of notice of public hearing. Unless otherwise expressly stated, all notices of public hearing for variances, amendments, special uses, historic landmark and historic districts, shall contain the following information: a. The number assigned to the application; and b. A description of the nature of the application; and c. The venue, date, and time of the hearing; and d. A legal description of the property subject to the proposed zoning action; and e. A statement that additional information concerning the public hearing, can be obtained from the community development department; and f. The office address of the community development department. (4) Content of notice of public hearing. Unless otherwise expressly stated, all notices of public hearing for variances, amendments, special uses, historic landmark and historic districts, shall contain the following information: a. The number assigned to the application; and b. A description of the nature of the application; and c. The venue, date, and time of the hearing; and d. A statement that additional information concerning the public hearing can be obtained from the community development department; and e. Contact information of the community development department. 26 Attachment F Commercial Truck Parking Chapter 9, Article IX. Sec. 9-73(4)(d) – Restrictions Current Proposed (4) Restrictions. d. Trucks, trailers, boats, and RVs. Trucks, trailers, boats and recreational vehicles may be parked in a front yard within an R district with the following restrictions: i. There shall be no more than one (1) commercial truck, trailer, boat or RV per lot. ii. The truck, trailer, boat or RV shall have a current vehicle registration at the address where it is to be parked; and iii. Any RV may not be occupied or used as a dwelling unit. (4) Restrictions d. Trucks, trailers, boats, and RVs. Trucks, trailers, boats and recreational vehicles may be parked in a front yard within an R district with the following restrictions: i. There shall be no more than one (1) commercial truck, trailer, boat or RV per lot; and ii. Any RV may not be occupied or used as a dwelling unit. 27 Attachment G Fences Chapter 9, Article X - Fences Section 9-85 and Section 9-86 Current Proposed Sec. 9-85. - Fences in the core area and TN district. The "Core Area" is indicated on Map X-1. In addition to the provisions of section 9-85, General fence standards for all districts, the following standards apply to the core area and the TN district: (1) Front yard fences and corner side yards. Fences in front yards and corner side yards shall be permitted on single-family and duplex residential lots within a core area as indicated on Map X.1. Front yard fences and corner side yard fences are also permitted in the TN district. (2) Other requirements. With the exception of the permitted location of fences in front yards and corner side yards, all of the provisions of section 9- 87 shall apply to all residential lots within the core area as indicated on Map X-1. Map X-1. R-1 Overlay and Fence Regulation Core Area (Ord. No. 3532 , § I(exh. A), 10-18-21) Sec. 9-86. - Fences in R districts other than core area and TN districts. In addition to the provisions of section 9-85, General fence standards for all districts, the following standards apply to all R districts except the TN district and those lots within the core area: (1) Permitted locations. Fences are permitted in any rear yard and interior side yard. Fences are not permitted Section 9-85 Residential Fences in Front Yards and Corner Side Yards (1) In addition to the provisions of section 9-84, General fence standards for all districts, the following standards shall apply to all R districts. (2) Location. a. Permitted. Fences in front yards and corner side yards shall only be permitted on single-family and duplex residential lots within the TN district and core area as indicated on Map X-1, subject to the standards of this section. Map X-1. R-1 Overlay and Fence Regulation Core Area b. Prohibited. Fences in front yards and corner side yards shall be prohibited for all other residential lots (that are not permitted under subsection a), with the following exceptions: i. Decorative fences and walls. Decorative fences and walls are permitted in the front yard, providing that: 1. Wall height does not exceed two (2) feet; and 2. Fence height does not exceed four (4) feet; and 3. The fence provides no more than fifty (50) percent opacity; and 4. The length of any single continuous length of fence is limited to six (6) feet, and; 28 in the front yard or corner side yard building setback line. See Section 9-34(1)(d) for circumstances under which an administrative adjustment to allow limited encroachment into the corner side yard may be considered. Figure X-3 illustrates various building footprints and where fences would be allowed. Figure X-3. Permitted Fence Locations in R Districts The above examples illustrate various building footprints and corresponding permitted areas for fences. The illustrations are not drawn to scale and are not intended to accurately depict required setbacks or other dimensions. _____ (2) Permitted materials and design. Fences may be constructed of wood, wood laminate, wrought iron, masonry, aluminum, vinyl or a combination of these materials. Any material used must be rigid. Any use of barbed wire, razor wire, or similar such wire manufactured and used primarily for security, is prohibited. Chain-link fencing may be used only to replace or repair a chain-link fence that was existing on the effective date of this ordinance or for recreation and utility applications. (3) Decorative fences and walls. Decorative fences and walls are permitted in the front yard, providing that: a. Wall height does not exceed two (2) feet; and b. Fence height does not exceed four (4) feet; and c. The fence provides no more than fifty (50) percent opacity; and d. The length of any single continuous length of fence is limited to six (6) feet, and; e. The combined length of all of the decorative fencing and walls in the front yard does not exceed twenty- five (25) percent of the [front lot line]. Figure X-4. Measuring Maximum Fence Heights in R Districts The maximums shown do not apply to fences in front yards. 5. The combined length of all of the decorative fencing and walls in the front yard does not exceed twenty-five (25) percent of the front lot line. ii. An administrative adjustment to allow limited encroachment into the corner side yard may be considered under the provisions of Section 9- 34(1)(d). (3) Permitted materials and design. Where permitted, fences in the front and corner side yard shall meet the following: a. Fence height shall not exceed four (4) feet. b. Fence shall be open-style, having at least fifty (50) percent opacity c. Fences may be constructed of wood, wood laminate, wrought iron, masonry, aluminum, vinyl or a combination of these materials. Any material used must be rigid. Any use of barbed wire, razor wire, or similar such wire manufactured and used primarily for security, is prohibited. Chain-link fencing may be used only to replace or repair a chain-link fence that was existing on the effective date of this ordinance or for recreation and utility applications. Section 9-86 Residential Fences in Rear Yards and Interior Side Yards (1) In addition to the provisions of section 9-84, General fence standards for all districts, the following standards apply to all R districts (2) Location. Fences are permitted in the rear yard and interior side yard of any residential district. Figure X-3 illustrates various building footprints and where fences would be allowed. Figure X-3. Permitted Fence Locations in R Districts The above examples illustrate various building footprints and corresponding permitted areas for fences. The illustrations are not drawn to scale and are not intended to accurately depict required setbacks or other dimensions. 29 Fence Height: Decorative Caps—Not Included in Height Fence Height: Decorative Caps—Included in Height Fence Height: Combination of Wall and Fence Fence Height: Varied Design (3) Permitted materials and design. a. Fence height shall not exceed six (6) feet (see Figure X-4. Measuring Maximum Fence Heights in R Districts) b. Fences may be constructed of wood, wood laminate, wrought iron, masonry, aluminum, vinyl or a combination of these materials. Any material used must be rigid. Any use of barbed wire, razor wire, or similar such wire manufactured and used primarily for security, is prohibited. Chain-link fencing may be used only to replace or repair a chain-link fence that was existing on the effective date of this ordinance or for recreation and utility applications. Figure X-4. Measuring Maximum Fence Heights in R Districts Fence Height: Decorative Caps—Not Included in Height Fence Height: Decorative Caps—Included in Height 30 Fence Height: Combination of Wall and Fence Fence Height: Varied Design Chapter 9, Section 9-87 Current Proposed In addition to the provisions of section 9-85, General fence standards for all districts, the following standards apply to all B districts except those lots within the core area: In addition to the provisions of section 9-84, General fence standards for all districts, the following standards apply to all B districts except those lots within the core area: Chapter 9, Section 9-88 Current Proposed In addition to the provisions of section 9-85, General fence standards for all districts, the following standards apply to all I districts: In addition to the provisions of section 9-84, General fence standards for all districts, the following standards apply to all I districts: 31 Attachment H Electronic Message Signs Chapter 9, Article XI. Section 9-100(a) Permanent electronic message centers Current Proposed (2) Electronic message centers may be incorporated into a single- or multi-tenant monument-style ground sign face such that the dynamic message sign face shall not exceed twenty-four (24) square feet in size nor occupies less than fifty (50) percent of the total area of the sign face; (2) Electronic message centers may be incorporated into a single- or multi-tenant monument-style ground sign face such that the dynamic message sign face shall be a maximum of twenty-four (24) square feet in size and shall not occupy more than fifty (50) percent of the total area of the sign face; (7) Electronic message centers that contain digital displays: a. Shall be installed with a dimmer control; b. The average intensity of the digital display shall not exceed the levels specified in the chart below: Intensity Level (NITS) Daytime Nighttime 5,000 1,750 (7) Electronic message centers that contain digital displays: a. Shall be installed with a dimmer control; b. Shall not exceed 0.3 footcandles over ambient lighting conditions when measured at the recommended distance based on EMC sign ( �(Sign area in sq ft × 100) =recommended distance) 32 Attachment I Interstate 55 Corridor Highway signage Chapter 9, Article XI. Section 9-100(h) - Interstate 55 Corridor Highway Signage Current None, new addition to code. Proposed: (h) Interstate 55 Corridor Highway Signage. Freestanding signs to provide on-site advertisement of large commercial developments located in the I-55 Highway Corridor shall adhere to the following: (1) Qualifying developments: Only developments which meet all of the following criteria shall be permitted a freestanding sign for the purposes of on-site advertisement: i. Developments zoned for business uses; ii. Developments of 50 acres or more; iii. Approved development, either through a planned unit development or site plan approval; and iv. Developments within 150 feet of Interstate 55 roadway (see Map XI-2) (2) In addition to other permitted signage, qualified developments (as defined above) may be permitted one freestanding highway sign. (3) Freestanding signages shall be for on-site advertisement only. (4) Freestanding signs may incorporate electronic message centers, which must adhere to the standards set forth in this Section 9-100(a), except for any size requirements specifically mentioned for highway signage. (5) Sign Location: i. Freestanding signs shall be located in the Interstate 55 Sign Corridor (see Map XI-2), which is defined as being within 150 feet from the interstate highway on a commercial and/or industrial development. ii. Sign setback shall be a minimum of 100% of the sign height from any lot line and shall adhere to all Illinois Department of Transportation regulations associated with sign placement along an IDOT roadway. Map XI-2 55 Sign Corridor 33 (6) Sign Size: i. Freestanding highway signs shall be a maximum height of one hundred (100) feet in height, as measured from grade of the ground at which it is placed to the top of the sign. ii. Freestanding highway signs shall be a maximum of one thousand (1,000) square feet in area inclusive of electric message centers. (7) Sign Structure & Design i. Freestanding highway signs shall be supported by two poles or incorporate masonry into 50% of the sign structure. 34 ii. Freestanding highway signs shall have a uniform design in terms of shape and size, as determined by the Zoning Administrator. 35