Long Grove
Plan Commission & Zoning Board of Appeals (PCZBA)
Special Meeting
Minutes – September 20, 2011
Present: Fred Phillips, Chairman, Commissioners Jeff Kazmer, Charles Cohn, Michael Dvorak, Wendy Parr and Shelly Rubin.
Absent: None
Also present: Village Planner James Hogue; Marlo Del Percio, Village Attorney and members of the public.
1. Call to Order: Chairman Phillips called the meeting to order at 7:08 p.m.
2. PUBLIC HEARING - Consideration of amendment(s) to the Village Code for the Village of Long Grove, and specifically Title 5, Zoning Regulations, including without limitation modifications to the regulations regarding the keeping of poultry (chickens) within residential zoning districts in the Village of Long Grove, Illinois.
Chairman Phillips read the request into the record and swore in the witnesses about to give testimony. He asked that those giving testimony declare whether they pro/anti with regard to their testimony regarding the keeping of chickens.
Planner Hogue
informed the PCZBA that the Village Board had referred an amendment to the
Village Code to allow the keeping of fowl (chickens) in residential areas. He
noted that pending the outcome of a public hearing on the topic the PCZBA would
be making a recommendation to the Village Board. Presently, the keeping of fowl
is only allowed as an “expanded agricultural use” which requires a special use
permit and 10 acres of land area.
He reviewed the
areas of the existing Village code which would need to be amendment. He also
provided information on other ordinances noting “common themes” which were
present in may ordinance allowing for the keeping of chickens in residential
areas. He also noted maintenance of the
“status quo” with regard to the keeping of chickens was also an option.
Mr. John Emrich, 4979
RFD; Pro-Chicken;
Mr. Emrich gave
testimony regarding the myths associated with the keeping of chickens, noting
hens are not noisy (but urged the restriction of roosters); do not create odors
if coops are properly maintained. Rodents and “nuisance animals” are not a
problem again, if animals are properly maintained.
He further noted
that the City of Chicago has some of the most liberal ordinances regarding the
keeping of chickens of any major city. If “rural character” is a strong part of
the Village of Long Grove then the keeping of chickens would fit, in his
opinion, and are less intrusive than the keeping of dogs and cats.
Mr. Tim Almy, 3119 RFD,
Pro-Chicken;
Mr. Almy stated
that health issues associated with chickens are far less that with the keeping
of other animals. If “rural character” is what the Village is about then the
keeping of chickens should be acceptable.
Richard Hazan, 3125
RFD; Anti-Chicken;
Mr. Hazan stated he
was a 12 year resident of the Village and has had problems with Mr. Almys’
chickens coming onto his property. He has dogs and is afraid a dog may attack a
chicken; dogs and chickens don’t mix.
The chickens tend to wander well onto his property and are often not
penned up.
Ms. Melanie Soos,
3434 RFD; Pro-Chicken,
Ms. Soos encouraged
the idea of prohibiting rosters and questioned who is responsible for stray
animals in the Village?
Mr. Bob Jenkins, 5119
RFD; Pro-Chicken,
Mr. Jenkins noted
how Long Grove has changed over the years. He noted that many of his neighbors
had animals and represented the way Long Grove was years ago. He was in favor of chickens with regulations
such as the number of birds per acre.
Ms. Annette
Overman, 1610 RFD; Pro-Chicken,
Ms. Overman stated
she had chickens in Arlington Heights and presently has chickens and a coop on
1.3 acres. She considers them pets and indicated they are very low maintenance
animals.
Mr. Michael Demar,
4569 RFD; Pro-Chicken
Mr. Demar indicated
it was fine to keep chickens noting it was part of the “rural character” of
Long Grove. He suggested coops be confined to the rear yard and screened from
neighbors view.
Peter Gerbach; 3400
RFD; Pro-Chicken
Mr. Gerbach
indicated he was a potential purchaser of property in Long Grove and liked the
idea of “free range” chickens on his property.
Chairman Phillips
then solicited comments from the PCZBA members.
Commission Cohn
suggested that the keeping of chickens only be allowed under strict regulation.
He was not opposed to maintaining the “status quo”. The keeping of chickens may be problematic in
subdivided areas with nuisance concerns such as animal waste and animals
running free. Regulation should limit the number of birds. He also questioned
who would enforce the animal control regulations with regard to chickens?
He suggested that
the keeping of chickens be kept to areas outside of subdivisions with the
number of birds being regulated within contained areas and licensing or
permitting of some sort be established.
Commissioner Dvorak
indicated the keeping of chickens was acceptable. He noted that the issues
raised could be addressed through the approval ordinance.
Commissioner Parr
was in favor of allowing the keeping of chickens but had concerns with chickens
running loose and predation from other animals. She suggested that a predator
proof coop system be a part of any regulations regarding the keeping of
chickens.
Irresponsible pet
owners create problems with their animals. In that respect chickens are no
different than the keeping of dogs and cats.
Commissioner Rubin
asked about the number of violations received thus far. Planner Hogue responded
that he had had two complaints to date regarding the keeping of chickens in
residential areas.
Commissioner Kazmer
was also in favor of allowing the keeping of chickens. He noted that
containment of animals and number of animals in relation to lots size should be
part of any regulations to be considered.
He also agreed that
the keeping of chickens was no more of an issue that the keeping of other
animals such as dogs and cats.
Chairman Phillips
commented that the Village of Long Grove was perhaps more unique than other
communities which were researched with regard to the keeping of chickens. He
agreed with allowing the keep of chickens but that such a use must be
regulated.
He suggested a
maximum of 2 to 4 chickens, that lot sizes be a minimum of 1 or 2 acres and with larger lots (2 acres or
greater) less regulation would be required.
A motion was made
by Commissioner Kazmer, seconded by Commissioner Rubin to direct staff to
prepare an ordinance amendment to allow the keeping of chickens in residential
zoning districts and continue the
public hearing to the October 4th Regular Meeting for further
discussion on the issue. On a voice vote; all aye.
Village Attorney
Del Percio noted that this entire issue was a policy issue for the Village to
decide upon. She mentioned that covenants and restrictions placed upon each
individual subdivision could trump the Village Code with regard to the keeping
of chickens.
3. Executive Session; Pending
Litigation
Ms. Del Percio then
asked for an Executive Session for the purpose of discussing pending
litigation.
A motion was made
by Commissioner Kazmer, seconded by Commissioner Parr, to go into Executive
Session for the purpose of discussing pending litigation. On a roll call vote;
Commissioner Cohn; aye, Commissioner Dvorak; aye, Commissioner Parr; aye,
Commissioner Rubin aye, Commissioner Kazmer; aye, Chairman Phillips; aye. Motion
carried.
The PCZBA went into
executive session at 8:10 P.M.
A motion was made
Commissioner Parr, seconded by Commissioner Kazmer to go back into regular
session. On a voice vote; all aye.
The PCZBA went back
into regular session at 8:45 P.M.
4.
PUBLIC HEARING
– Consideration of a request
for amendment to the Long Grove Comprehensive Plan including without limitation
proposed amendments relating to the Village Pathway System, the Lake Cook
Road/Route 53 Planning Sub-area, and public utilities.
Chairman Phillips read the request into the record and swore in the witnesses about to give testimony.
Ms. Del Percio explained that amendment to the plan were to take into account development which had occurred in the area, which was in conformance with the document since the sub-area plan was developed in 1999.
Nothing was being removed from the document. The proposed amendments serve to supplement and update the plan document as it currently exists. This amendment was labeled as “Phase I” and other similar amendments to the plan may occur in the future.
Planner Hogue noted that this was very similar (although not as elaborate) as the “Downtown Master Plan” adopted in 2008 which took into account the Sunset Grove Development (Rt. 83 Corridor) as well as providing a vision for the future of downtown Long Grove.
Both Ms. Del Percio and Planner Hogue indicated that periodic review
and update to the Village Plan was a good idea and, if nothing else, to simply
reaffirm the validity of the policies contained within the document.
Melanie Soos, 3434 RFD, asked if this plan amendment identified any new or proposed development within the sub-area?
Ms. Del Percio indicated that the proposed amendment re-affirmed the existing plan document. It did not include any new land area or specific proposed development in the sub-area. The amendment served to document the development which had occurred in the area (Menards, Arbor Grove) and re-affirms the development proposed on the west side of Route 53.
Commissioner Cohn made motion, seconded by Commissioner Parr, to approve
an amendment to the Long Grove
Comprehensive Plan including without limitation proposed amendments relating to
the Village Pathway System, the Lake Cook Road/Route 53 Planning Sub-area, and
public utilities and to insert the technical information on page 4 as well as
correct typos. On a
voice vote, all aye.
Chairman Phillips then declared
the public hearing closed.
5. Approval of Minutes; August 2, 2011
A motion was made by Commissioner Rubin, seconded by Commissioner
Dvorak to approve the August 2, 2011 regular meeting minutes as corrected (typo’s). On a voice vote, all aye.
6. Other
Business: None
7.
Adjournment
Commissioner
Dvorak made a motion to adjourn, seconded by Commissioner Kazmer, on a voice
vote; all ayes; no nays. Meeting was adjourned at 9:08 p.m.
8. Next
Regular Meeting: November 8, 2011, @ 7 p.m.
Respectfully
Submitted,
James M. Hogue
Village
Planner/PCZBA Secretary Pro-Tem