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Home My WebLink About3.1 PZ-17-18 / Village of Mount Prospect / 50 S. Emerson Street / Zoning Code Text Amendments - Small Cell Antennas, Brew Pubs and Craft Distilleries4/17/2020 BoardDocs® Pro Agenda Item Details Meeting Sep 27, 2018 - MOUNT PROSPECT PLANNING AND ZONING COMMISSION Category 3. NEW BUSINESS Subject 3.1 PZ -17-18 / Village of Mount Prospect / 50 S. Emerson Street / Zoning Code Text Amendments - Small Cell Antennas,, Brew Pubs and Craft Distilleries Access Public Type Action Preferred Date Sep 27, 2018 Absolute Date Sep 27, 2018 Fiscal Impact N#; Recommended Action Approve text amendments to the Zoning Ordinance (Chapter 14) of the Village Code related to small wireless facilities and brewpubs, and craft distilleries. Goals 04. Zoning Ordinance: Revision Public Content 11T[r0TN7T-=-4 A public hearing has been scheduled for the September 27,, 2018 Planning & Zoning Commission meeting to review the application by the Village of Mount Prospect (the "Petitioner") regarding proposed amendments to the Zoning Ordinance (Chapter 14) of the Village Code. The P&Z hearing was properly noticed in the September 12,, 2018 edition of the Daily Herald Newspaper. Summary of Proposed Code Amendments A brief introduction is provided below, which highlights what the amendment is and why the amendment is proposed. The attached proposed Zoning Code amendments reference the Village Code Chapter,, article and code section. The existing code section is included in strikeout for for reference. Amendment to Article III General Provisions, Section 14.313: Regulations for Personal Wireless Service Facilities In response to the recent code updates in Chapter 9 of the Village Code, attached is a redline draft of Section 14.313 in Chapter 14 to include small wireless facilities. Chapter 14 regulates private property versus Chapter 9, which is primarily intended for public right-of-way. Revisions to Chapter 9 where approved on August 7, 2018 to regulate the permitting and deployment of small wireless facility installations consistent with the requirements of the Small Wireless Facilities Deployment 100-0585 (the "'Act"") signed into law by Governor Rauner on April 12., 2018. The Act provides the regulations and process for permitting and deploying small wireless facilities within rights-of-way and on private property throughout Illinois (excluding Chicago). Small wireless facilities, also known as a "small cell," are most often attached to utility or other poles. Small wireless facilities enable the transmission of data and wireless communications to and from a wireless device, such as a computer, cell phone, tablet, or new "smart home" types of devices (thermostats, refrigerators) and in the near https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 1/3 4/17/2020 BoardDocs® Pro future, driverless cars. The Act states that these small wireless facilities are critical to delivering wireless access to advanced technology, broadband and 9-1-1 services to homes, businesses and schools in Illinois. The Act provides that small wireless facilities are permitted uses in all rights-of-way, and on any property zoned exclusively for commercial or industrial use. In these zoning districts, municipalities cannot regulate the location of small wireless facilities. In residential zoning districts,, zoning provisions apply,, subject to Federal Communications Commission timeframes for review and approval. Notably, the Act limits the ability of local authorities to regulate the installation of small wireless facilities. It provides for the placement of small wireless facilities on municipal utility poles (light poles, traffic signals, etc.) of a telecommunication provider's choosing,, subject to compliance with certain basic standards regarding safety and aesthetics, and regardless of whether the municipality specifically agrees to such placement. Jill Ill 11 !!1 To meet business goals of the Village Strategic Plan and be consistent with the Village Liquor Code,, Village staff is recommending to amend the Zoning Ordinance to include brewpubs and craft distilleries. Per the Village Strategic Plan, the recruitment of a brewpub/distillery is a high priority item and will address several goals and actions of the Village Strategic Plan. Goals 2,, 3. and 4 of the Village Strategic Plan specifically calls for development, including revitalization and growth, a strong local economy, and a vibrant downtown and commercial a rea. The Village has been successful in recruiting a brew pub that will be a key component of the about to open Red Barn Restaurant and Brewery and the Two Eagles Distillery that is set to open by the end of this year on south Elmhurst Road. The proposed text amendments are intended to clarify local zoning regulations related to brewpubs and craft distilleries. lip 1111JI11 111 1 li reffromm 11 11 � ii I ill J 'ill , I I ill li E41M I I I e Goal 2 Development: Balancing Preservation, Revitalization., Growth • Attract local and regional customers to Mount Prospect with lively restaurant establishments • Facilitate restaurant development • Expand the development of Downtown • Promote "small spaceff commercial development * Goal 3 Business: Strong Local Economy, Support of Innovation, Entrepreneurial ism and Small Business • Identify and market to specific business segments • Attract businesses with a regional customer base • Foster a climate for innovation and entrepreneurship o Action: 1Jill Jill Jill iiiii liplill NF1111191 i Jill lililill i � 111 Iiii Jill 116 1 1 11111 1 i � 111 iiiII111 'q I M M., P-74 - Create a unique and vibrant sense of place - Create a flexible vision of Downtown that is reflective of market conditions Place strategic destination opportunities for commuters, residents, visitors, customers and others Attract businesses to Downtown The high priority ",%wine/distill ery/micro brewery recruitment strategy" is one of the Strategic Plan"s overarching targets for action. The proposed Zoning Ordinance updates will not only help to address goals, objectives and actions from the Village Strategic Plan but also will be consistent with the use classifications found in the recent Village Liquor Code updates that were approved in August. Amendment to Zoning Districts., Section 14.604,, LAND USE TABLE 2: https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 2/3 4/17/2020 BoardDocs® Pro The Zoning Code's land use tables provide direction on land uses which may be established in zoning districts as either permitted, conditional uses, or not permitted. Currently, the code is silent regarding brewpubs, craft distilleries. However. it does include uses such as liquor stores, packaged goods, manufacturing,, restaurants, taverns and cocktai' lounges as permitted in commercial districts and/or industrial districts. The proposed code updates would add land uses and definitions specific to brewpubs and craft distilleries. New businesses for brewpubs and craft distilleries will still be required to meet applicable building and fire requirements. Amendment to Article XXIV ® Section 14.2401: Lastly, an amendment to the definitions to include a brewpub and craft distillery is proposed. STANDARDS FOR TEXT AMENDMENTS Section 14.203 (D) lists standards for the P&Z to consider for text amendments to the Zoning Code. The standards relate to: The general applicability of the amendment to the community., rather than an individual parcel; Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan; The degree to which the amendment would create non -conformity; The degree to which the amendment would make the Zoning Code more permissive; and Consistency of the amendment with Village policy as established by previous rulings. The proposed amendments to the Zoning Code would be applicable to the community as a whole and are not proposed in response to an individual parcel within the Village. The proposed changes are intended to reflect curren .•'• objectives as outlined in the Strategic Plan, Comprehensive Plan, other accepted planning •• The proposed amendments satisfy the standards for text amendments as required in the zoning code. I Alternatives 1. Approve text amendments amending the Zoning Ordinance (Chapter 14) related to small wireless facilities and brewpubs and craft distilleries. 2. Action at discretion of the Planning and Zoning Commission. Staff Recommendation Staff finds that the proposed text amendments meet the standards contained in Section 14.203 (D) of the Zoning Ordinance and that granting such request would be in the best interest of the Village. Based on these findings, Staff recommends that the Planning and Zoning Commission make a motion to .•• staff"s findings as the findings • the Planning and Zoning Commission and recommend approval of the proposed text amendments to Chapter 14 of the .•- Zoning • 14.604 Land Use Table.pdf (194 KB) Article XXIV Definitions.pdf (92 KB) 14.313 Regulations for Personal Wireless Service Facilities.pdf (201 KB) Administrative Content Executive Content https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 3/3