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Home My WebLink About07/25/2002 P&Z minutes 19-02MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-19-02 Heating Date: July 25, 2002 PETITIONER: Chris Lawn for Applied Technologies, Inc., representative for IL-American Water Co. 300 N. Milwaukee Ave., Ste. #E Lake Villa, IL PUBLICATION DATE: June 12, 2002 REQUEST: Text Amendment to (1) increase the maximum fence height around utility sites and (2) allow utility sites to install barbed wire. MEMBERS PRESENT: Merrill Cotten Leo Floros Richard Rogers Matthew Sledz Keith Youngquist Arlene Juracek, Chairperson MEMBERS ABSENT: Joseph Donnelly STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner INTERESTED PARTIES: Chris Lawn Chairperson Arlene Juracek called the meeting to order at 7:34 p.m. Minutes of the June 27 meeting were approved, with one abstention by Merrill Cotten. At 8:45, after the Commission heard a case under Old Business, Ms. Juracek announced she would excuse herself from participating and voting from this case due to a conflict of interest and asked Vice-Chairperson Richard Rogers to assume the duties of the Chair. Mr. Rogers introduced Case No. PZ-19-02, a request for a Text Amendment to (1) increase the maximum fence height around utility sites and (2) allow utility sites to install barbed wire. Vice-Chair Rogers explained that this case would be Village Board final. Judy Counolly, Senior Planner, reported that the applicant represents the Illinois- American Water Company (IAW), which recently acquired Citizens Utility Company. She said that the ][AW is taking steps to secure all of their sities and would like to install eight-foot tall chain link fences around their facilities. They would also like to install barbed wire at the top of the eight-foot fences. She said that the applicant proposed changing the Village's regulations thorough the text amandment process in order to not reveal the utility site locations. In contrast to a variation request, the text amendment process does not require the applicant to publicly disclose the location of their utility sites, which is a concern for the IAW, and the applicant is not required to notify property owners within 250-feet of the utility sites. Ms. Connolly said the applicant proposes to create provisions for utility sites to Sec. 14.304.D.l.h, which currantly allows for eight-foot fences in certain situations. A new section would be created that would allow 8' chain link fences at public utility sites that have equipment buildings and/or public supply water storage tanks, for the purposes of security. In addition, text would be added to Sec. 14.304.D.2.b so it would allow utility sites to install barbed wire by right, as opposed to seeking special permission or review by the Village Board. Ms. Connolly reviewed the standards for a text amendment listed in the Zoning Ordinance. She said that the request has to meet the standards in order for it to be approved. The proposed amendment applies to public utility sites that have equipment and/or public supply water storage tanks. She said that this would include lift stations in addition to the water tank facilities. Ms. Connolly said that the number of these facilities in Mount Prospect is Planning & Zoning Commission PZ-19-02 Arlene Juracek, Chairperson Page 2 limited, but at least one is adjacent to a school and another is in the middle of a single-family residential neighborhood. She said that the proposed text amendments would allow LAW or any other agency that supplies water to the public to install eight-foot tall chain link fences with barbed ~vire around their sites by right. Ms. Connolly said that he petitioner's proposal to install an eight-foot fence is consistent with the objectives of the Zoning Ordinance and Comprehensive Plan because the changes protect and promote the health, safety, comfort, convenience, and general welfare of residents of the Village, with minimal impact on the adjacent properties. However, installing barbed wire in certain locations would change the character of the community and may be a concern for the adjacent property owners. Ms. Connolly said the proposed text amendment to allow eight-foot fences around utility sites as proposed by the petitioner may provide a higher level of security. However, the proposal to allow barbed wire without Village Board review does not increase the level of security to the degree required to off-set the adverse impact of the barbed wire on residential properties. Therefore, the proposed amendment does not meet the Zoning Code Standards for Text Amendments. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the proposed Text Amendment to allow 8-foot tall chain link fences and to deny the use of barbed wire on those fences for utility sitos that have equipment buildings and/or public supply water storage tanks. Commission members asked Ms. Connolly if each request for an 8' fence comes before the Commission for heating. Ms. Connolly said 8' fences were allowed by swimming pools, railroad tracks and in industrial areas, but other requests for 8' fences need to be approved by the P&Z Commission and barbed wire by the Village Board. She explained that the applicant did not want to disclose the locations of their sites for security reasons and wanted to install a taller fence with barbed wire by right, going through the permit process. Chris Lawn was swom in and testified that Illinois-American Water Company (LAW) has two utility sites in Mount Prospect and both are zoned residential. He said that presently both sites have 6' fences with 12" of barbed wire on the top and added that both were erected in the 60s. IAW's post September I 1th project is to upgrade security at all their sites. Richard Rogers explained to Mr. Lawn that there are many utility companies with many sites in Mount Prospect and that a blanket approval for all those sites would be overkill and not justified by a privacy issue for two sites. Keith Youngquist agreed with Mr. Rogers' statement, adding that it would not be good for barbed wire to be used indiscriminately because it would not keep out that element that wanted access to the utility sites, but would pose a threat for young people. He suggested the use of alarm systems at these sites. Mr. Lawn said one of the sites has an alarm and an alarm is planned for the other site. He also said their client is not as concerned about the ability to use barbed wire as they are about the permission to use 8' fences. The public hearing was closed at 9:00. Commission members discussed this proposed amendment. Matt Sledz said he could see some credibility for 8' fences around the sites, but not barbed wire. He said requests should continue to be considered individually without giving carte blanche to utilities to erect high, barbed wire fences wherever they wanted. Mr. Cotten agreed this amendment was too liberal. Mr. Floros said approving the amendment would be overkill. Keith Youngquist moved to recommend to the Village Board approval of a request for a Text Amendment to increase the maximum fence height to allow an 8' chain link fence around utility sites. Matt Sledz seconded the motion. lanning & Zoning Commission PZ-19-02 Arlene Juracek, Chairperson Page 3 UPON ROLL CALL: AYES: None NAYS: Cotten, Floros, Rogers, Sledz, Youngquist ABSTENTION: Juracek Motion was denied 5-0. Merrill Cotten moved to recommend that the Village Board allow the use of barbed wire on those fences for utility sites that have equipment buildings and/or public supply water storage tanks, Case No. PZ-19-02. Keith Youngquist seconded the motion. UPON ROLL CALL: Motion was denied 5-0. AYES: None NAYS: Cotten, Floros, Rogers, Sledz, Youngquist ABSTENTION: Juracek At 9:18 p.m., after hearing another case under New Business, Richard Rogers made a motion to adjourn, seconded by Merrill Cotten. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Judy Connolly, Senior Planner