Submitted By
Tammie Grossman, Director Development Customer Services
Reviewed By
LKS
Agenda Item Title
Title
Motions to Consider Incorporating Certain Amendments to the Village of Oak Park Draft Zoning Ordinance
End
Overview
Overview
At the July 17, 2017 Village Board Meeting, staff was directed to consider certain modifications to the Draft Zoning Ordinance prior to its adoption. Staff has reviewed these requested modifications and have formulated responses with support from the Village’s Zoning consultant Camiros, LTD and is recommending the following Motions:
1. MOTION to approve as written height limits for single family homes as set forth in Section 4.3, Table 4.1 in draft Zoning Ordinance.
2. MOTION to remand to the Plan Commission for a new public hearing for consideration of the establishment of design standards for single family home additions and new construction and future amendment to the draft Zoning Ordinance.
3. MOTION to amend interior side yard setback dimensions of R-3-35 and R-4 Districts in Table 4.1 in draft Zoning Ordinance to a 5 foot minimum interior side yard setback eliminating the proposed 10% of lot width.
4. MOTION to approve as written Accessory Structure setbacks as established in Section 9.3(A)5 of the draft Zoning Ordinance.
5. MOTION to amend Section 9.3(K) to add a requirement that new coach houses built after the effective date of the draft Zoning Ordinance must relate in design to the primary residence.
6. MOTION to amend the Community Residence definition in Section 2.3 of the draft Zoning Ordinance.
7. MOTION to amend the Massage Service Establishment definition in Section 2.3 of the draft Zoning Ordinance.
8. MOTION to approve as written the Secondhand Goods Dealer definition in Section 2.3 of the draft Zoning Ordinance.
9. MOTION to remand to the Plan Commission for a new public hearing for consideration of the establishment of impact fees as part of a Planned Development pursuant to Section 14.5 of the draft Zoning Ordinance.
10. MOTION to table a decision of inclusionary housing requirements in Planned Development Section 14.5 until after the Board meeting on Affordable Housing on September 25, 2017.
11. MOTION to approve the height of DT Downtown District buildings at 125 feet for those areas labeled 125 feet in Figure 5-2 in the draft Zoning Ordinance.
12. MOTION to amend the Use Matrix (Table 8-1) of the draft Zoning Ordinance to remove occupancy limits on Community Residences.
13. MOTION to add definitions for Plan Commission and Zoning Board of Appeals in Article 12 of the draft Zoning Ordinance.
14. MOTION to amend language regarding a required consultation with the Village’s Architecural Design Consultant contained in the draft Zoning Ordinance.
Body
Staff Recommendation
The following are the modifications the Village Board requested staff to consider relative to the Draft Zoning Ordinance. The Village Board should consider each Motion seperatly and vote to either: 1.) Accept and Include it in the Draft Zoning Ordinance, 2.) Do Not accept and do not include it into the Draft Zoning Ordinance, or 3.) Request additional modifications.
1. MOTION to approve as written height limits for single family homes as set forth in Section 4.3, Table 4.1 in draft Zoning Ordinance.
A request was made to review Single family house additions (contextual with block) to determine if a requirement that second story additions be no more than 25% above the average height of homes on the block.
Staff does not support this recommendation based on the following:
• If you have a block of single story homes, which is typically a 20’ height, this would allow only 5’ more, which makes 25’ and is not enough for a full second floor addition and not enough to add any real visual interest to that second floor. It’s also only 5’ from the current 30’ max. If the height is smaller - say 17’ to 18’ - the math gets worse and doesn’t allow for any sort of viable addition. (See attached examples)
• This would freeze neighborhoods in time relegating them to being a single-story block for a long time. Most newly constructed homes are 2 story (that’s what the market seems to support), and could potentially lead to neglect.
• This may be perceived as something that can encourage architectural monotony, which was a concern of the Plan Commission.
• A concern is about taking away development rights that have been in place for a very long time.
2. MOTION to remand to the Plan Commission for a new public hearing for consideration of the establishment of design standards for single family home additions and new construction and future amendment to the draft Zoning Ordinance.
A request was made to review the addition of design standards for additions and new construction for single family homes. Staff does not support the inclusion at this time and if the Board chooses to move in this direction, we believe a larger conversation is necessary. If directed, we would have that community conversation before the Plan Commission and bring back an Amendment to the draft Zoning Ordinance.
3. MOTION to amend interior side yard setback dimensions of R-3-35 and R-4 Districts in Table 4.1 in draft Zoning Ordinance to a 5 foot minimum interior side yard setback eliminating the proposed 10% of lot width.
A request was made to keep Side Yard Setback - 5 feet for all districts as in the current zoning ordinance not 10% of lot width in the R-3-35 and R-4 Districts contained in draft Zoning Ordinance.
Based on the points below, Staff agrees that the side yard setback should remain at 5 feet in these areas to ensure adequate light and ventilation and maintain current separation between homes. In those cases where less side yard setback is needed, a variance can be requested.
• Lots that are below a 50 foot lot width have been identifed. (Please see attached graphic)
• In the graphic map, what is depicted is all the R-3-35 and R-4 parcels in the Village, as these are the only districts where the 10% provision would allow an interior side yard width less than 5 feet. The parcels that measure 45 ft. wide or less are shown in red. The R-3-35 parcels that are greater than 45 ft. wide are shown in yellow, and the R-4 parcels greater than 45 ft. wide are shown in green. 45 ft. widths were used (instead of a 50’ cutoff) to give a bit of a buffer in terms of the accuracy of the measurements; while not counting anything within 5 ft. of the 50 ft. width to make sure we’re allowing an adequate margin of error.
• There is no Village-wide lot width information tied to parcels. The width is calculated in GIS by minimum bounding rectangles (the smallest rectangle that can be drawn around any parcel in the Village), and taking the width value generated through that process. Obviously, since most of the Village is a straightforward grid, this is pretty accurate, as it simply redraws the majority of parcels. Some parcels were double-measured to make sure the numbers were coming out correctly. If a parcel is not rectangular, however, or is oriented at an angle, there will be some level of inaccuracy in the numbers generated. Overall the data is representative of the true condition, but with a caveat that the data is not 100% accurate.
• Of all the R-3-35 and R-4 lots in the Village:
o The median width is 33.6 feet (based on the width data, as noted above)
o The median area is 4,220 square feet
4. MOTION to approve as written Accessory Structure setbacks as established in Section 9.3(A)5 of the draft Zoning Ordinance
A request was made to increase accessory structure setbacks from the 1 foot side yard setback allowance to 2.5 foot requirement. This changes an established development pattern with existing accessory structures. Creating new nonconformities is problematic without giving homeowners an opportunity for a hearing on this issue. Therefore, staff does not support the inclusion at this time and if the Board chooses to move in this direction, we would have that community conversation and bring back an Amendment to the newly adopted Zoning Code.
5. MOTION to amend Section 9.3(K) to add a requirement that new coach houses built after the effective date of the draft Zoning Ordinance, must relate in design to the primary residence. A request was made to include a clause that Coach Houses constructed after the effective date of this Ordinance cannot be taller than the principle structure and must relate in design to the principle structure.
Staff supports this change and will add statement to this effect relative to new construction.
The reason for stipulating that this is for new construction is to not penalize existing detached garage owners who would like to convert the upper story to a coach house. They would be required to comply with other standards.
6. MOTION to amend the Community Residence definition in Section 2.3 of the draft Zoning Ordinance.
A request was made to review the “Community Residence” definition to make more inclusive of “resident groups” i.e., Sarah’s Inn, etc... Staff recommends the following revised definition:
Community Residence. A residence licensed, certified, or accredited for specialized residential care for: 1) care of persons in need of personal services or assistance essential for activities of daily living; 2) care of persons in transition or in need of supervision; or 3) the protection of the individual. (Community residences include facilities for drug and alcohol rehabilitation, though it does not include medical care for detoxification or treatment), and those transitioning from homeless status. Community residences does not include facilities for adults or minors who have been institutionalized for criminal conduct and require a group setting to facilitate transition into society.
7. MOTION to amend the Massage Service Establishment definition in Section 2.3 of the draft Zoning Ordinance.
A request was made to review “Massage (Service) Establishment” language. Staff recommends the following revised definition:
Massage Service Establishment. An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is offered by a licensed massage therapist as required by the State of Illinois. For the purposes of this definition, the following medical practices are not considered a massage service establishment, but are part of a medical/dental clinic per this Ordinance: massage treatment administered by licensed medical practitioners, licensed physical therapists, chiropractors, acupuncturist or other holistic medicine, or similar professional medical person licensed by the state. A massage service establishment does not include ancillary services provided as part of a health club, school, or full-service spa or salon.
8. MOTION to approve as written the Secondhand Goods Dealer definition in Section 2.3 of the draft Zoning Ordinance
A request was made to consider changing the definition of Second Hand Goods establishments to have distinctions between types establishments; e. g., Salvation Army vs. other resale shop.
Staff is concerned that further defining Second Hand Goods establishments in this manner could be considered discriminatory. If the issue is how the pickup and drop-off of goods are treated, this is can be handled through licensing and enforcement.
9. MOTION to remand to the Plan Commission for a new public hearing for consideration of the establishment of impact fees as part of the Planned Development process pursuant to Section 14.5 of the draft Zoning Ordinance.
A request was made to consider the inclusion of impact fees under the planned development regulations. Staff does not support the inclusion because we believe a full study of impacts to create rational fee structure would be needed. An economic analysis is required to determine what such fees would be. If Board direction is to move forward with creating a impact fee structure, we would ask that the issue be studied and sent back to the Plan Commission for further hearings and brought back as an amendment or a separate ordinance. Impact fees are not typically part of a Zoning Ordinance.
10. MOTION to table decision of inclusionary housing requirements in Planned Development Section 14.5 until after the Board meeting on Affordable Housing on September 25, 2017.
A request was made to consider Inclusionary Zoning within the draft Zoning Ordinance. Staff does not support the introduction of an Inclusionary Housing Ordinance at this time, we believe a full study of impacts is needed. An economic analysis is required to determine what such requirements would be. If Board direction is to move forward with creating an Inclusionary Housing Ordinance after the September 25, 2017 Board meeting on Affordable Housing, we would ask that the issue be sent back to the Plan Commission for further hearings and brought back as a separate ordinance. Inclusionary housing requirements are better handled outside the Zoning Ordinance.
11. MOTION to approve the height of DT Downtown District buildings at 125 feet for those areas labeled 125 feet in Figure 5-2 in draft Zoning Ordinance.
A request was to made to consider lowering the existing height requirements of all of DTOP (D-1 District) from 125 feet to 80 feet as is currently applied along Lake Street. Staff does not support the recommendation at this time. If the Village Board wishes to pursue, it would be advisable to remand this portion of the Zoning Ordinance back to the Plan Commission for an additional public hearing after notice to the affected property owners.
12. MOTION to amend the Use Matrix (Table 8-1) of the draft Zoning Ordinance to remove occupancy limits on Community Residences.
In addition to the above, based on recent public comment, staff proposes the following modification: The use matrix in Table 8-1 distinguishes capacity of “Community Residences” by the number of allowed residents; this number includes any caretakers that live on-site. Staff recommends modifying Table 8-1 to remove any occupancy limits on residents of a “Community Residence” facility to ensure compliance with the Fair Housing Act.
13. MOTION to add definitions for Plan Commission and Zoning Board of Appeals in Article 12 of the draft Zoning Ordinance.
In addition, staff recommends carry over from the current Zoning Ordinance the following relative to Plan Commission and Zoning Board of Appeals creation and membership, meetings and rules and staff’s role to be added to Article 12 Ordinance Administrators, Subsections 12.2 and 12.3 of the proposed draft Zoning Ordinance:
Plan Commission
Creation and Membership
A Plan Commission is hereby authorized to be established. The Commission, consisting of a Chairperson and eight members, shall be appointed by the President with the consent of the Trustees on the basis of each person's qualifications for said duty. The Chairperson and members of said Plan Commission shall serve until the expiration of their current terms, or until their respective successors have been duly qualified and appointed, and each respective successor so appointed shall serve for a term of three years or until his or her successor has been duly qualified and appointed. Vacancies on the Commission shall be filled by appointment for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such member. The members of the commission shall serve without compensation. The members of the Commission shall elect an Acting Chairperson from among its members to act whenever the Chairperson is absent.
Meetings and Rules
All meetings of the Plan Commission shall be held as regularly scheduled or at the call of the Chairperson. Every rule, regulation and recommendation of the Commission shall be filed with the Secretary of the Plan Commission and shall be a public record. The Commission may adopt its own rules of procedure not in conflict with this Zoning Ordinance or applicable Illinois statutes, and may select or appoint such officers to a committee, as it deems necessary.
Plan Commission Staff
The Zoning Administrator or his/her designee shall serve as Secretary to the Plan Commission and shall:
1. Cause a record to be made of the Commission's proceedings and actions showing the vote of each member upon each question.
2. Act as custodian of the records of the Commission.
3. Furnish to and receive from the public such applications for special uses and amendments as are approved by the Commission.
4. Perform such duties as may be assigned from time to time by the Commission.
Zoning Board of Appeals
Creation And Membership
The Zoning Board of Appeals is hereby authorized to be established. The Board, consisting of a Chairperson and six members, shall be appointed by the President of the Village with the consent of the Board of Trustees. The Board shall elect from its members an Acting Chairperson to act whenever the Chairperson is absent. The Chairperson and members of said Zoning Board of Appeals shall serve until the expiration of their current terms, or until their respective successors have been duly qualified and appointed, and each respective successor so appointed shall serve for a term of five years, or until their successor has been duly qualified and appointed. Vacancies upon the Board shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such member. The members of the Board shall serve without compensation.
Meetings and Rules
All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such times as the Village Board may determine. Every rule or regulation, every amendment or repeal thereof, and every decision of the Village Board shall be filed with the Secretary of the Zoning Board of Appeals and shall be a public record. The Board shall adopt and publish its own rules of procedure not in conflict with this Zoning Ordinance or applicable Illinois statutes, and may select or appoint committees, as it deems necessary.
Finality Of Decisions Of The Zoning Board Of Appeals
Decisions of the Zoning Board of Appeals, on appeal or upon application for a variation other than from use restrictions shall, be final administrative determinations and shall be subject to review by a court in the manner provided by applicable Illinois statutes.
Appointment And Duties Of The Secretary Of The Zoning Board Of Appeals
The Zoning Administrator or his/her designee shall serves as Secretary of the Board. The Secretary shall:
1. Cause a record to be made of the Board's proceedings and actions, showing the vote of each member upon each question.
2. Act as custodian of the records of the Board.
3. Receive forms for appeals and applications for variation from the public. Furnish to the public documentation of appeals and applications for variations that are approved by the Board.
4. Perform such duties as may be assigned from time to time by the Board.
14. MOTION to amend language regarding a required consultation with the Village’s Architecural Design Consultant contained in the draft Zoning Ordinance.
Staff recommends including the following language in Article 14 requiring Planned Developmet applicants to meet with the Village’s Architectural Design consultant prior to the development of any design scenarios:
A prospective applicant, prior to submitting a formal application for a planned development, shall meet for a pre-design conference with the Zoning Administrator, Village’s architectural design consultant and any other Village staff members designated by the Village Manager. The purpose of the conference is to help the applicant understand the Village’s expectations relative to design and contextually prior to the development of any conceptual designs.
Fiscal Impact
The Village Board authorized two contracts with the planning and zoning consultant Camiros, LTD. The first was in the amount of $34,220.00 regarding the development of an expedited MS Madison Street zoning district for the Madison Street Business District. The second in the amount of $142,400.00 regarding revisions and updating of the full Zoning Ordinance and Map.
Background
Village staff began the process of seeking the services of a planning consultant to assist in the revision and update to the Zoning Ordinance by issuing a Request for Proposals in January 2015. Proposals were received by March and candidates analyzed and interviewed in early April. Staff interviewed three leading candidates and determined unanimously that Camiros Ltd. was the top consultant based on their experience, expertise and zoning knowledge. After contract approval in May 2015, the Consultant began by collecting data and meeting with the key stakeholders from the community, businesses and staff. The Plan Commission was selected as the advisory body with whom the consultants and staff worked with on a regular basis.
This process has resulted in a revised Zoning Ordinance integrating current planning policies, goals, and objectives where appropriate consistent with the Envision Oak Park Comprehensive Plan as well as best industry practices and standards. The Zoning Ordinance provisions have been influenced by community development, community design, transit-orientation, energy and green building (including life-cycles of materials), housing, transportation, public facilities, historic preservation, land use planning, economy, public safety, diversity, sustainability, public health, arts and culture, tourism, parks and recreation, and public property. The revised ordinance will replace the current Zoning Ordinance. The Ordinance includes laymen
language text, plans, charts, graphs, diagrams, drawings and other applicable graphics to illustrate the regulations. The Zoning Ordinance is more user friendly with clear and concise language. The end result provides for a more streamlined and improved document where unnecessary and contradictory standards have been removed and more opportunities for creative development consistent with Regional Plan goals and policies have been facilitated.
Alternatives
See Staff Recommendation Above
Previous Board Action
May 18, 2015 - The Village Board approved two Resolutions for contracts with Camiros, LTD for the Madison Street District and for the full Zoning Ordinance and Map.
December 7, 2015 - The Village Board referred the expedited MS Madison Street District draft zoning regulations to the Plan Commission for public hearing.
February 16, 2016 - The Village Board adopted the expedited MS Madison Street zoning regulations.
November 7, 2016 - The Village Board approved a referral of the full draft Zoning Ordinance and draft Zoning Classification Map to the Plan Commission for public hearing.
March 6, 2017 - The Village Board received a partial presentation by staff and Camiros LTD regarding the revised Zoning Ordinance.
May 22, 2017 - The Village Board received a presentation by staff and Camiros LTD regarding the revised Zoning Ordinance and directed staff to prepare the Ordinance and Map for First Reading.
July 17, 2017 - First Reading of the draft Zoning Ordinance
Citizen Advisory Commission Action
The Plan Commission will hear and items remanded back to them for further hearings.
Anticipated Future Actions/Commitments
NA.
Intergovernmental Cooperation Opportunities
Zoning and land use matters are unique to Village government within the corporate limits of Oak Park and therefore, intergovernmental cooperation opportunities do not exist.
Performance Management (MAP) Alignment
A Governance Priority established for the Development Customer Services Department -Planning Division is Land Use Regulations.