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HomeMy WebLinkAbout5. OLD BUSINESS 11/04/03vwl 9/10103 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1105 SOUTH BEECHWOOD DRIVE WHEREAS, Oreste and Franca Magnelli (hereinafter referred to as "Petitioners") have filed a petition for a Conditional Use permit with respect to property located at 1105 South Beechwood Drive (hereinafter referred to as the "Subject Property'~ and legally described as follows: Lot 30 in Windsor Estates being a subdivision of part of the west ½ of Sec. 14, Township 41 North, Range 11, east of the Third Principal Meridian, in the Village of Mount Prospect, Cook County, IL. Property Index Number: 08-14-316-009-0000; and WHEREAS, the Petitioners seek a Conditional Use permit to construct a circular driveway; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit, being the subject of PZ-35-03, before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th day of August, 2003, pursuant to proper legal notice having been published in the Mount Prospect Joumal on the 13th day of August, 2003; and WHEREAS, the Planning and Zoning Commission has submitted its findings and negative recommendation to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD oF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit, as provided for in Section 14.203.F.7 of the Village Code, to allow the construction of a circular driveway, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A." SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effectfrom and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVEDthis day of ,2003. ATTEST: Gerald L. Farley Village President Velma W. Lowe Village Clerk H :\CLKO\fiie~\WIN\ORDINANC\Con Use,Circular drvwy, 1105 Beechwood,Sept,03,dec illage of Mount Prospect Community Development Department MEMORANDUM FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 30, 2003 SUBJECT: EXTERIOR LIGHTING REGULATION FOLLOW-UP On October 7th the Village Board reviewed the Planning & Zoning Commission's recommendations regarding proposed amendments to the Village's exterior lighting regulations. During review of this matter the Village Board expressed concerns regarding the proposed restrictions within residential zoning districts and the potential impacts on businesses. In response to these issues, Staff offers the following: Illum#tation Level Restrictions Within Residential Zoning Districts - The proposed text amendments would establish a maximum illumination level of 0.5 foot-candles along all property lines. During review of this matter the Village Board (as well as the Planning & Zoning Commission) expressed concerns on how the proposed limitations may impact residential properties. In response Staff visited the home of the Mayor and Trustees, as well as some of the Planning & Zoning Commissioners, to determine if the proposed limitations would be in keeping with the existing lighting within the Village's residential neighborhoods. In visiting the various properties Staff found only one instance where a light fixture exceeded the recommended maximum illumination level of 0.5 foot-candles at a property line. The specific fixture in question, a two-headed security light, could easily be adjusted to comply with the recommended amendments. Based on these findings Staff believes the proposed amendments xvill be in keeping with existing lighting in the Village's residential areas, but would help to address a situation where lighting is negatively impacting the surrounding properties. Applying Lighthtg Regulations Within the Village's Downtown - In reviewing the proposed lighting amendments Staff believes the only area where compliance would be difficult is within the Village's downtown, specifically those properties zoned B5 Central Commercial and B5C Central Commercial Core. Given the lack of setback requirements within these zoning districts it would be difficult to enforce illumination level restrictions at property lines. While the Village's other commercial, office and industrial zoning districts require parking and building setbacks, the B5 and B5C Districts allow development up to the property tine. To address this issue Staff recommends the lighting amendments be modified to exclude the B5 & BSC Districts from the proposed illumination level restrictions at property lines, except along property lines that abut another zoning district. This approach will allow some flexibility between downtown uses, but will require compliance in those areas that could negatively impact adjoining properties/uses. Based on the information outlined above, Staff recommends the Village Board adopt the attached lightinz amendments. Please forward this memorandum to the Village Board for their consideration at their November 4 meeting. Staff will be present at the meeting to answer any questions regarding this matter. mj kad 10/30/03 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF THE MOUNT PROSPECT VILLAGE CODE WHEREAS, the Petitioner (Board of Trustees of the Village of Mount Prospect) has filed an application for certain text amendments to Chapter 14 (Zoning) of the Village Code of Mount Prospect to amend various regulations; and WHEREAS, the Petitioner seeks amendments to the following Section 14.2219 of the Village Code, entitled "LIGHTING"; and WHEREAS, a Public Hearing was held on the proposed amendments, being the subject of PZ-13-03, before the Planning and Zoning Commission on April 24, 2003, May 22, 2003, July 24, 2003, September 11, 2003, and September 25, 2003, pursuant to due and proper legal notice having been published in the Mount Prospect Journal & Topics on the 9th day of April, 2003 and the 27th day of August, 2003; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have considered the requests being the subject of PZ-13~03. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 14.2219 entitled "Lighting" of Chapter 14 of the Village Code, as amended, is hereby further amended by deleting said subsection in its entirety and substituting therefore the following new Section 14.2219, so that hereafter said Section 14.2219 shall be and read as follows: "14.2219 Parking Lot Lighting: In addition to the requirements outlined below, all parking lot lighting shall comply with the Outdoor Lighting Regulations included in section 14.314 of this Code. All parking lots with more than four (4) spaces shall provide lighting. Artificial lighting used to illuminate any parking lot shall comply with the regulations as set forth in this Section. A. General Requirements: 1. Pole height and material: The total height of light fixtures, including the pole, pole support, fixture and related equipment, shall be limited to the district height limit or a maximum of 30', whichever is less. b. Light poles shall be constructed of metal, or other material acceptable to the Village Engineer. Wood poles are prohibited. 2. Glare Onto Adjacent Properties Prohibited: Electric lighting used to illuminate off- street parking areas or driveways shall be directed away from adjacent properties and rights-of-way in such a way as to not create a nuisance. The following illumination standards shall be. a. Light intensity at a property line abutting a residential property shall not exceed 0.1 foot-candles. b. Light intensity at a property tine abutting a non-residential property or right-of-way shall not exceed 0.5 footcandles 3. Protection of lighting fixtures: Light poles in a parking lot shall be protected from vehicles by curbed landscape islands or curbed landscape diamonds. 4. Illumination levels and uniformity: The following criteria for minimu~ illUminatiOn, maximum illumination, and uniformity shall be met for all parking lots. Minimum Average I.E.S. Maximum Average I.E.S. Type of Development Illumination Level Illumination Level Uniformity (Foot-Candles) (Foot-Candles) !Multi-Family Residential 0.1 1.5 4:1 (ave./min.) 15:1 (max./min.) Commercial 0.2 2.4 3:1 (ave./min.) 12:1 (max./min.) Industrial 0.2 3.0 4:1 (ave./min.) 15:1 (max./min.) Public, semi-public, and 0.2 2.4 3:1 (ave./min.) institutional 12:1 (max./min.) B. Nonconforming Lighting: Any existing parking tot lighting that does not conform to these regulations shall be made to conform by means of alteration no later than January 1, 2005. SECTION TVVO: That Chapter 14 of the Village Code, as amended, is hereby further amended to include Section 14.314 entitled "Outdoor Lighting Regulations", so that hereafter said Section 14.314 shall be and read as follows: "14.314 Outdoor Lighting Regulations: All outdoor lighting, except for streetlights, shall be subject to the following general requirements (Note: additional regulations for parking lot lighting are included in section 14.2219 of this Code): Glare Onto Adjacent Properties: Electric lighting used to illuminate outdoor areas shall be directed in such a way as to prevent light trespass or direct glare onto adjacent properties and rights-of-way. B, Fixture Design: Outdoor lighting fixtures in non-residential locations must comply with the following limitations: 1. Full Cutoff luminaries with a total cutoff angle of not more than ninety degrees (90°) shall be used. The Director of Community Development may approve cutoff angles greater than ninety degrees (90°) or the use of fixtures without full cutoff luminaries upon submission of information conclusively demonstrating that the proposed lighting will not cause glare on adjacent properties. 2. Canopy Lighting: All lighting mounted under a canopy, including but not limited to luminaires mounted on or recessed into the lower surface of a canopy, shall be full cutoff. Co Light Intensity Levels at Property Lines: The light intensity level measured at a property line shall not exceed 0.5 foot-candles. All illumination level readings shall be taken at ground level. The requirements of this Subparagraph C shall not apply to property lines within the B5 and BSC zoning districts except for those property lines that abut a zoning district other than the B5 and B5C Districts. D. Maximum Illumination Levels: The following table summarizes the maximum average illumination levels for a variety of uses. Type of Use __Canopy Lighting Auto Dealerships (display areas only) Business Districts Maximum Average I.E.S. Illumination Level (Foot-Candles) 3O 5O 5 Park, School, Institutional, and 5 Industrial Uses 2O Loading/Unloading Platform (Dock) Outdoor Sports Lighting 4O Lighting for uses other than those listed in the above table shall be reviewed by the Community Development Director to ensure the proposed illumination levels are appropriate for the property and surrounding area. E. Lighting Plan required: The building permit submission for any non-residential development or multi-family residential development shall include a lighting plan signed and sealed by a professional engineer and including, at a minimum the following: .All property lines, building locations, dimensions of paved areas, and location of all curbs; 2.Fixture locations; 3.Fixture details and height; 4.Photometric data for all paved areas at a spacing of not greater than 20' and not greater than 6" above the pavement surface; 5.Photometric data at all property lines at a spacing of not greater than 50' and not greater than 6" above grade; al. Scale of not less than 1" to 50'; ?.Details of the proposed light poles and foundations; 8.Exiting and proposed utilities on the Subject Property and in rights-of-way adjacent to the subject property; 9.Other information, as required. F. Hours of Operation: All lighting shall be reduced to security levels, as recommended in the Illuminating Engineering Society of North America's Lighting Handbook, during hours of non-operation of the principal use on a property. G. Nonconforming Lighting: Any lighting that does not conform to the regulations outlined above shall be made to conform by means of alteration by no Eater than January 1, 2005. SECTION THREE: That Section 14.2401 entitled "Definitions" of Chapter 14 of the Village Code, as amended, is hereby further amended by including the following: GLARE - Light emitting from a luminaire that causes reduced vision or momentary blindness. LIGHT TRESPASS - The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. LUMINAIRE -A complete lighting unit consisting of the lamp or lamps and ballast(s) together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. FULL CUTOFF FIXTURE -A luminaire, or light fixture, that allows no emission of light above horizontal. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provide~fl by law. AYES: NAYS: ABSENT: PASSED and APPROVED this __ day of ,2003. ATTEST: Gerald L. Farley Mayor Velma W. Lowe Village Clerk H:\CLKO\files\WIN/ORDINANC\Ch 14,Parking lot liBht amendmer~ts,Oct 2003 doc