Planning & Zoning Board

October 23, 2018 WHEATON PLANNING AND ZONING BOARD I. CALL TO ORDER AND ROLL CALL VOTE Chair Weller called the October 23, 2018 Wheaton Planning and Zoning Board meeting to order at 7:00 p.m. in the Council Chambers of the Wheaton City Hall, 303 W. Wesley Street. Upon roll call, the following were: Roll Call Vote Present: Nicole Aranas Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Scott Weller Absent: Christopher Dabovich City Staff Present: Tracy Jones, Staff Planner II. APPROVAL OF MINUTES - SEPTEMBER 25, 2018 The minutes were approved as presented. III. PUBLIC COMMENT There was none. IV. NEW BUSINESS ZA #18-19/ Text Amendment/ Article 2 - Definitions, Article 3 - Zoning Districts and General Regulations, and Article 23 - Signs Pursuant to notice duly published on October 6, 2018, Chair Weller called to order the October 23, 2018 public hearing requesting a proposed text amendment, initiated by City Staff, to the text of the Wheaton Zoning Ordinance pertaining to perimeter window/ linear lighting, obsolete special use permits and planned unit developments (PUD’s), and electronic message board signs. Perimeter Window/ Linear Lighting Staff Planner Jones stated that in May 2015 the City Council adopted regulations prohibiting perimeter window lighting. The lack of a definition in those regulations has limited the City’s ability to enforce such lighting prohibition. To remedy this situation, the City Attorney has advised City Staff that a definition for linear lighting should be added to the Wheaton Zoning Ordinance. The proposed text amendment considers adding a linear lighting definition to Article 2 - Definitions. City Staff is proposing to add the following language: “Linear Lighting: All types of illumination, static or flashing, internal or external, fully or partially outlining architectural features such as doors, windows, walls, wall edges or other structural/building elements and which may attract attention or be used as a means of identification or marketing, not including holiday decorations. All holiday decorations shall comply with the City adopted National Electric Code. Linear lighting shall not be used as security lighting or ingress/egress lighting.”  Wheaton Planning and Zoning Board October 23, 2018 Page 2 of 4 Staff Planner Jones stated that the proposed text amendment also replaces the undefined term perimeter window lighting in Article 23.4.1 - Prohibited Signs with the defined term linear lighting to read as follows: “1. Attention-Getting Devices. No attention getting device, including but not limited to pennants, streamers, festooned lights, linear lighting, whirligigs, nor any sign which is designed to be moved by the wind, shall be permitted, except as provided in this Article.” Obsolete Special Use Permits and PUD’s Staff Planner Jones stated that, historically, the City has required either a special use permit or a PUD for many different types of developments. Over the years, the City has updated various development standards contained in the Wheaton Zoning Ordinance which have reduced the instances where special use permits or PUD’s are required or have eliminated requiring them in their entirety. For example, special use permits were required for the development of offices in the Office Research District and planned unit developments were required for all properties in the C5 Planned Commercial District. Today, office uses are allowed in the OR District without a special use permit and buildings can be constructed in the C5 District without requiring PUD approval. The properties previously developed under these former regulations, however, must still comply with the specific special use and PUD ordinances under which they were developed. The proposed text amendment considers adding obsolete special use and planned unit development language to Article 3 - Zoning Districts and General Regulations. City Staff is proposing to add the following language: “3.4E. Obsolete Special Use and Planned Unit Development Ordinance Requirements: Properties developed under zoning ordinances of general application that previously required special use approval, shall no longer be subject to the terms and conditions set forth in the specific special use ordinances approving those developments, where subsequent zoning amendments of general application have repealed the requirement of one or more condition(s) of a special use permit. Properties in conformance with specific special use requirements which are no longer applicable in the zoning district generally because the requirements have been repealed or modified, amended zoning district wide shall only have to comply with the current zoning requirements of those districts irrespective of their specific special use ordinances unless, as determined by the Director of Planning, some specific condition of the original special use permit remains necessary in order to protect the public health, safety and welfare in areas of: traffic safety, utility provision and maintenance, or storm water protection. In the latter instance, the City Staff shall work with the owner to attempt to agree on how accommodate the public health, safety and welfare concerns. If agreement cannot be reached the property owner may submit an application for an amendment to the PUD or special use for the property in conformance with the procedures set forth in the Zoning Code.” Electronic Message Board Signs Staff Planner Jones stated that at a recent City Council meeting, the City Council directed City Staff to amend the text of the Wheaton Zoning Ordinance to no longer require special use permits for electronic messages boards signs. In order to do so, City Staff is proposing the following language: “f. Electronic Message Board Signs. The following standards shall apply to all Electronic Message Board signs: (1) Electronic Message Board Signs shall be located only along the following rights-of-way:  Wheaton Planning and Zoning Board October 23, 2018 Page 3 of 4 Butterfield Road, east of West Loop Road and west of Leask Lane; Butterfield Road, west of Wiesbrook Road; Geneva Road east of West Street and west of Hallmark Court; Geneva Road east of Gary Avenue and west of Farwell Street; Main Street, north of Wakeman Avenue and south of Cole Street; Naperville Road, north of Butterfield Road and south of Blanchard Street; Roosevelt Road east of Chase Street; Roosevelt Road, east of Shaffner Road and west of Fapp Circle. (2) Electronic Message Board Signs shall be allowed only for non-office commercial, government, school, park or church uses; and (3) The sign area of an Electronic Message Board Sign must be included as part of the total square footage of a permitted ground sign, and shall not exceed 50 percent of the total square footage of a permitted ground sign; and (4) Electronic Message Board messages shall be constant and not variable, with the message changes limited to no less than every 4 seconds; and (5) When an Electronic Message Board message changes, the prior message shall disappear simultaneously with the appearance of the new message; and (6) Electronic Message Board Signs shall not cause illumination in excess of 0.05 foot candles at any property line in or adjoining a residential use; and (7) Electronic Message Board Signs existing prior to October 18, 2005 and not in conformance with standards 1, 2, and 3 of this section shall not be subject to Article 23.5.4 of the City of Wheaton Zoning Ordinance.” Mr. Wanzung questioned whether a timeframe for holidays lights should be included in the definition for linear lighting. Ms. Aranas stated that the National Electric Code referenced in the definition for linear lighting already includes timeframes for holiday lights. Mr. Gudmundson moved and then Ms. Horejs the motion to close the public hearing. On a voice vote, all voted aye. The Board decided to vote this evening. Ms. Aranas moved and then Mr. Gudmundson seconded the motion to approve ZA #18-19 as submitted. Roll Call Vote Ayes: Nicole Aranas Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung  Wheaton Planning and Zoning Board October 23, 2018 Page 4 of 4 Scott Weller Nays: None Absent: Christopher Dabovich Motion Passed Unanimously V. MISCELLANEOUS There was none. VI. ADJOURNMENT Mr. Wanzung moved and then Mr. Gudmundson seconded the motion to adjourn the meeting at 7:14 p.m. On a voice vote, all voted aye. Respectfully submitted, Tracy L. Jones, Staff Planner