HomeMy WebLinkAboutMinutes - 2/22/2011 - Community Development Committee conr�v�1�-n.� -fl�1�l..oPM�.1-r
rrm� r�Tn.T/"�7T MEETING
s
'���l���rli�r�rr-.a.o'iu'nFne fn..D..l.l... (14��t�a CT�A��I MAA+ITR *n ho crho.l 1 .� 4'....+l�ic r�
� SIGN-IN SHEET
a � aa � � i
PLEASE PRINT ALL INFORMATION FOR LEGIBILITY
Name Address Phone No. To ic of Discussion
=l � ��� � � s �� - � -�s� C �G
�� A � s � � �-f h � u �"� � /•� tc,��
t n F�H2�i��J N a�y sPRv c�" gY�-�Yd--o�aG c�i�ckc�vS
/�c�UNQ�('K�'��71Cy
- ��+�c, - fher� ��e��rs sdc Q 8/�e�
�p�� Jl� !7" 9i�Z N�. t��l�ci2�+ �24-��tZ�4� (���-s
R.p��..d I.u�Z.�G�. ` (�
COMMUNITY DEVELOPMENT COMMITTEE MEETING
`-- Tuesday, February 22, 2011
Aldermen's Conference Room, 7:00 p.m.
In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson
and Alderma�i Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin,
Construction and Neighborhood Services Director Schwalenberg and City Clerk Jones.
Also in Attendance: Mr. and Mrs. Adrian Plante, 1207 Broadway, McHenry, Illinois
(go�reenwithenvi(a� *mail.com)
Mr. Ed Fuhrmann, 214 Sprucewood Ct., Round Lake Beach, Illinois
(thefuhrmanns(cr�,sbc�lobal.net)
Mr. Don Jarrett, 912 N. Cedar Lake Road, Round Lake Beach, IL
Chairman Alderman Condon called the meeting to order at 7:05 p.m.
Public Input Session
No one signed in for Public Input Session.
Discussion Re�arding Residential Chickens
Deputy Administrator Martin informed the Committee that many communities across the
country, as well as in the Chicagoland region, have wrestled with allowing backyard chickens
(hens only/roosters prohibited) in single-family residential neighborhoods. In the Chicagoland
� region communities appear to be split down the middle between allowing chickens in residential
areas and prohibiting chickens in these areas.
Deputy Administrator Martin provided the Committee with information regarding frequently
asked questions, common myths, misconceptions and realties, as well as a Chicken Ordinance
Survey, which was completed last year by students at DePaul University. The survey included
twenty municipalities from across the nation and focused primarily on ordinance
implementation, enforcement, violations and complaints from the communities in the focus
group.
Deputy Administrator Martin provided the following reasons he discovered during his research
on why people are interested in having chickens:
• They are decent pets
• They lay eggs which are fresh and more nutritious than eggs which come from a factory
setting (33% less cholesterol, 25% less saturated fat, 66% more Vitamin A, twice as
much Omega 3 fatty acids, three times as much Vitamin E and seven times more beta
carotene than eggs purchased from the grocery store);
• They control bugs in the yard;
• They produce high nitrogen fertilizer;
• They are an educational tool for children;
� Commercial chicken production is inhumane;
• Less chemical usage and potentially a reduction in ground water contamination;
�. • Reduction in air pollution related to transporting the end-product; and
• Sustainability.
Community I�evelopment Committee Meeting
February 22, :?O11
Page 2
`'' Deputy Adm�nistrator Martin provided the following list of objections to having chickens in
residential areas:
• Increa�e in predators;
� Health risks (avian flu and salmonella);
• Rodent attraction;
• Dirt, noise and odor concerns;
• Chickf�ns may roost on neighboring fences or escape onto neighboring property;
� Possibility of slaughter;
• Irrespc�nsible caretakers; and
• Sellin�;of surplus eggs out of a home.
Deputy Administrator Martin informed the Committee that since 2008 the City has received four
complaints; regarding chickens, ducks and roosters in residential areas. Currently, in accordance
with Chapter Six of the Municipal Code, entitled Animal and Fowl, chickens are among the
animals that are not permitted within the corporate limits of the City. While many communities
are dealing with the issue of permitting chickens in single-family residential zoning districts,
some communities prohibit them outright including:
• Mount Prospect;
• Skokie;
� Lombard;
• Glendale Heights;
� • Schaumburg.
Of those communities that permit chickens, some have ordinances that are very restrictive and
make it nearly impossible to comply such as:
• Village of Wood Dale (permits chickens as long as they are at least 450 feet from any
neighboring residence);
• Village of Oak Brook (permits chickens only on lots ten acres or larger);
• Village of Itasca and Village of Weshnont (permit chickens, but require a 150-foot
setback from neighboring residences);
� Village of Arlington Heights (permits chickens, but requires a letter from a licensed
veterinarian certifying they are safe and a rabies shot is required if the potential for rabies
exists and residents are limited to two); and
• City of Wheaton (only allows chickens as part of a 4-H educational program and only for
a period of no more than 90 days).
Deputy Administrator Martin opined that communities permitting chickens with "reasonable
restrictions"include:
• Evanston;
• Warrenville;
• Chicago;
• Madiso�i;
• Decatur;
`"" • Downers Grove;
• Napervi lle; and
Community I►evelopment Committee Meeting
February 22, :?O11
Page 3
� • West l)undee
Some of the c��mmonalities in regulations within these communities include:
• Up to 'our hens permitted per site (no roosters allowed);
• Requiiing a 20-75 foot setback from anyproperty line;
• All co��ps, pens, chicken runs and yards must be kept clean; some require cleaning every
24 hours (which would be difficult to enforce);
• Chicke ns must be entirely confined in a pen, coop, building or other enclosure at all
times;
• Chicken runs and coops are not permitted in a home or attached garage;
• Chicken coops are treated as accessory structures for zoning purposes;
• Coops are required to ensure protection from weather for the chickens, particularly
during cold temperatures;
• Lot size of 10,000 square feet, or larger;
• Coop standards and inspections required;
• Feed must be kept in rodent-proof containers when not being used;
� Selling of eggs commercially out of the residence is prohibited; and
• Slaughter of the chickens is prohibited.
Regarding whether or not a lot size should be imposed, Deputy Administrator Martin stated that
for discussion purposes, if there is a lot size of 10,000 square feet required, chickens would
generally be limited to RS-2, RS-1, RS-lA (none currently exist) and E zoning districts. He
�, noted there are currently no subdivisions with E zoning, only individual parcels. Lot sizes RS-3
and RS-4 are typically less than 10,000 square feet. It is Staff's opinion that minimum lot size is
not a crucial issue. Setbacks from neighboring properties are more of a concern in terms of
noise, odor anci unsightliness. Requiring minimum setbacks on any lot size is an alternative to
permit more homeowners the opportunity to have backyard chickens.
Staff recommends consideration of the following when contemplating an ordinance to allow
residential chickens:
• Limitinb chicken coops to the buildable area of a lot with a minimum setback from
neighboring properties. This would ensure that coops could not be located in a required
yard or building setback area. Staff would likely recommend treating the coops similarly
to a doghouse or other inhabitable structure and not as an accessory structure.
• Staff would recommend concentrating regulation on the following:
o l�ocation of coops/runs;
o Number of chickens/coops permitted on one lot
o Height of chicken coop;
o I:nsuring coops are fully enclosed and weatherization/electricity is provided;
o �;nsuring coops are stable and will not fall apart or be destroyed during rain, high
winds or snow.
o f;nsuring coops meet the required building code standards for winds and snow
loads. This would require the structures to be designed to sustain 90-mile per
hour winds and to withstand 25 pounds per square foot of snow load.
�. • Staff recommends an annual licensing requirement to track the location and number of
residential chickens in the community for property maintenance and code enforcement
Community��evelopment Committee Meeting
February 22, :!O11
Page 4
issues and to ensure chicken coops and runs are setback and located in appropriate areas
`'' in rela�ion to neighboring properties.
• Staff would direct residents who want to raise chickens to review applicable subdivision
coven�nts, deeds or other restrictions and receive priar approval from their homeowner's
associ��tion, if one is active in their subdivision.
Deputy Adm:nistrator Martin indicated that Staffs' biggest concern is with potentially
irresponsible c�wners.
Deputy Administrator Martin informed the Committee that in order to allow residential chickens,
the matter would need to be brought before the full City Council for consideration. If Council
chooses to move forward with the proposal, Council would then refer the matter to the Planning
and Zoning Commission for a Public Hearing on the zoning issues. Subsequently, the Council
would need to approve the zoning restrictions allowing residential chickens, as well as an
amendment to the Municipal Code requiring a license and associated licensing procedures, costs
and requirements.
Mr. Fuhrman noted, as a point of information, that the life span of a factory farmed chicken is 7
weeks, whereas a free range chicken is 7 years.
Chairman Alderman Condon opined that she is open to the idea of residential chickens; however,
she would like to move forward with caution. She stated that she is in favor of notification of
neighbors although their "approval" should not be mandatory. Chairman Alderman Condon
�. expressed concerns regarding lot size as opposed to setbacks. Chairman Alderman Condon
indicated she would like to limit the number of licenses issued initially. She suggested a packet
be prepared that contained general information about chickens, purchase of coops and end of life
issues concerning the chickens.
Alderman Peterson stated he is familiar with the concept because one of his technicians has
chickens. He has some issues regarding health matters, but indicated he is generally in favor of
the project. Alderman Peterson opined he would definitely want neighbors notified and would
want regulations in place.
Alderman Santi concurred with the Chairman Alderman Condon and Alderman Peterson. He
stated he woulci like to see an informational brochure attached to any notification and stressed
that if this comes to fruition he would like to be certain it is done properly.
Mr. Plante addressed the Committee and stated that chickens thrive in a healthy environment.
He was emphatic that the people who raise chickens tend to take good care of them because a
healthy chicken produces good eggs. He informed the Committee that electricity is not
encouraged in the coops. The chickens will group together for warmth. Mr. Plante stated that
from his experience a limit of 6 chickens per residence is a good number. Chickens are social
animals and one would get lonely and not thrive. A minimum of three chickens would be
encouraged. Hc noted a 15-foot setback is acceptable for an attractive coop structure.
�
Community�evelopment Committee Meeting
February 22, ,'O 11
Page 5
� Mr. Plante informed the Committee that the Ordinance should read that no rooster would be
permitted over 4-months old. He noted that it is not possible to tell the sex of the species until
they are that old. Until then they all look the same.
Mr. Plante provided City Clerk Jones with a petition entitled "Petition to Allow Backyard
Poultry to be Kept in Residential Areas of the City of McHenry." He asked that the Petition be
made a part of the official record.
Deputy Administrator Martin noted that as this project proceeds it might be wise to address what
recourse a neighbor might have should he/she have an issue following notification of the
potential for residential chickens in close proximity to his/her property. A brief discussion
ensued regarding establishing a system of recourse should this occur.
Responding to an inquiry from Alderman Peterson regarding education programs regarding
raising residential chickens, Mr. Jarrett indicated there is a course provided in Chicago and
owners are happy to provide tours to those interested in an effort to educate the public.
It was the consensus of the Committee to move forward with the process to allow residential
chickens.
Deputy Administrator Martin assured the Committee that he would be in further contact with Mr.
Plante and would provide visuals at the next meeting of the Community Development
Committee.
�
Discussion Re�ardinE BuildinE Code Undate
Construction and Neighborhood Services Director Schwalenberg informed the Committee that
building codes were created initially in order to establish predictable, consistent minimum
standards for the construction, safety and health of the built environment. Due to rising costs of
building operation, in recent years, codes have also evolved to include provisions for energy
efficiency.
Director Schwalenberg stated that the City adopted and began enforcing its first building code
over 50 years ago. It has been updated six times since then. The most recent update occurred
four years ago in August 2006, with the adoption of the 2000 edition of the International Code
Council (ICC) l�amily of Codes, which includes residential, building, fire, mechanical, property,
maintenance and fuel gas. The 1999 edition of the National Electric Code as well as the State of
Illinois mandated 77 Illinois Administrative Code, Part 890 (Illinois State Plumbing Code) and
Illinois Accessibility Code were also adopted. On January 29, 2010, the State of Illinois passed
legislation requiring the 2009 edition of the International Energy Conservation Code also be
enforced by loc�il jurisdictions.
Director Schwalenberg indicated that typically, model building codes similar to the codes used
by the City since 1978, are amended or updated on a 3-year cycle. He noted that adopting more
up-to-date codes allows new technology, materials and procedures to be made available. In
some cases this leads to reduced construction costs, reduced construction time and reduced
� operating costs once the building has been completed. The number of updates that have taken
place from the 2000 edition to the 2006 edition of the codes is too numerous to provide to the
Community�evelopment Committee Meeting
February 22, ;'O11
Page 6
�'' Committee. L►irector Schwalenberg provided a brief description of the major changes.
In response to an inquiry from the Committee, Director Schwalenberg indicated that the codes
being recommended for adoption are already five years old. This is done in order to give Staff
sufficient time to become familiar with the new requirements prior to their adoption.
Director Sch�alenberg stated that he would like the Committee to discuss and consider the
adoption of thc� following model codes, including amendments:
• 2006 Iriternational Building Code
• 2006 International Residential Code
• 2006 International Fire Code
• 2006 International Fuel Gas Code
• 2006 international Mechanical Code
• 2009 International Property Maintenance Code
• 2005 National Electric Code
Director Schwalenberg also stated that he would like the Committee to discuss the adoption, by
reference, of the State of Illinois mandated International Energy Conservation Code.
Director Schwalenberg provided the Committee with a summary of the major revisions and
amendments to each of the Codes indicated above. He noted that following the Committee's
� recommendation, once adopted by Council, there would commence a 90-day grace period for
publication prior to the amendments becoming law.
Chairman Alderman Condon thanked Director Schwalenberg and his staff on what was
obviously an arduous undertaking.
Motion by Santi, seconded by Peterson, to direct Staff to submit the amendments updating the
following building codes to full Council for consideration and adoption, and, by reference, of the
State of Illinois mandated International Energy Conservation Code:
• 2006 International Building Code
• 2006 International Residential Code
• 2006 International Fire Code
• 2006 International Fuel Gas Code
• 2006 international Mechanical Code
• 2009 International Property Maintenance Code
� 2005 National Electric Code
Aye: Condon, Santi. Peterson
Nay: None.
Absent: None.
Motion carried.
�
Community Development Committee Meeting
February 22, 2 O 11
Page 7
� Other Business
Chairman Alcierman Condon distributed copies of the revised Community Development
Committee 2011 Meeting dates and an updated copy of 2011 goals. The meeting dates have
been revised ar; follows:
• Januar�—No Meeting
• Februa;y 22, 2011
• March 15, 2011
• April—No Meeting
• May 1�, 2011
• June— vo Meeting
• July—No Meeting
• August 23, 2011
• September—No Meeting
• October 25, 2011
• November—No Meeting
• December—No Meeting
Alderman Peterson voiced concern expressed by some of his constituents regarding ongoing
issues with the sound levels of stand-by residential generator noise. Director Schwalenberg noted
that the topic is currently on the list of goals to be discussed at the October 2011 Committee
meeting. Chairman Alderman Condon suggested that the topic be placed on the August agenda
to facilitate an earlier discussion prior to the winter season 2012. Alderman Peterson opined that
�, perhaps the size of the generator should be regulated according to the size of the home or the lot.
Deputy Administrator Martin reiterated his thanks to Director Schwalenberg and his department
for their efforts regarding the Building Code update.
Deputy Administrator Martin informed the Committee that he would be sending out a letter this
coming week regarding the Main Street Commercial Roundtable Discussion regarding how the
Main Street commercial area could be improved in the near future. He noted it is on the agenda
for the March 15, 2011 Community Development Committee meeting, at which time a
discussion regarding grease trap/interceptor maintenance will also take place.
Deputy Administrator Martin informed the Committee that McDonald's is submitting to the
Planning & Zoning Commission for a request for a conditional use permit. McDonald's will be
relocating from Bull Valley Road and State Route 31 to Park Place and Route 31, as well as
building a new facility on McCullom Lake Road at Route 31.
Deputy Administrator Martin informed the Committee that O'Reilly Auto Parks is submitting to
the Planning and Zoning Commission for a conditional use permit. They plan on locating in the
old Rainbow Play Systems structure on Elm Street.
Deputy Administrator Martin informed the Committee that Route 31 Auto Sales has investigated
the old Alexancier Lumber site. Also, Staff has been informed that the Fire Department is
� moving forward with expansion construction on their premises following purchase of adjacent
property.
Community D��velopment Committee Meeting
February 22, 2011
Page 8
`'' Deputy Admir istrator Martin informed the Committee that Border's Books is closing their site.
Staff has been informed that the property owner is anxious to have someone occupy the space.
Deputy Admi�iistrator Martin informed the Committee that Staff has received plans from
Cambridge Homes indicating it is their intention to begin building in Legend Lakes in the Spring
of 2011.
Responding to an inquiry from Chairman Alderman Condon, Deputy Administrator Martin
informed the Committee that Panda Express is still exploring a site near Kohl's.
Adiournment
Motion by Peterson, seconded by Santi, to adjourn the meeting at 8:45 p.m.
Aye: Condon, Santi. Peterson
Nay: None.
Absent: None.
Motion carried.
Respectfully submitted,
Geri"Condon, Chairman
�
�