Ordinance Committee
Regular MeetingEdwardsville, IL · March 12, 2018
Minutes
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ORDINANCE SUB-COMMITTEE
EDWARDSVILLE PLAN COMMISSION
March 12, 2018
6:00 PM
PRESENT ABSENT
M. Rabe, Vice Chair G, Coffey, Chair
M. Brandmeyer P. Pitts
D. Gerber B. Schlueter
D. Hummel
M. Pierceall
V. Armouti, PC Chairman
E. Williams, Staff
R. Zwijack, Staff
C. Porter, Staff
L. Schneck, Staff
B. Pfeiffer, Staff
K. Grable, Staff
Bruce Riedel, RLP Development
Jeff Lantz, Lantz Homes
A meeting of the Plan Commission's Ordinance Sub-Committee was held on Monday, March 12, 2018,
and the following proposed ordinance amendment was discussed:
A. An amendment to the Greenspace Ordinance.
Cheryl Porter pointed out the areas which were changed by either herself or Katie Grable from
the previous meeting. She also pointed out specific changes that were recently requested to be
done such as industrial was to be changed to manufacturing, “or an amount as determined by
resolution approved by City Council (bottom of page 2 in green), and payment will be due upon
submission of the final plat.
Cheryl Porter received an email from Mr. Coffey with a couple of changes he is suggesting since
he is unable to attend this meeting. He would like to see language unified throughout the sub-
sections in Section 5-17.2. Mr. Rabe asked if there have been any manufacturing subdivisions
yet. Porter stated there has been nothing yet.
There has been discussion of adding another residential zoning district. There should be language
which either does not specifically call out the R-2 district or adding additional language so the
ordinance doesn’t have to change again later.
Discussion of multi-family uses above commercial uses, neighborhood districts, and the I-55
Corridor - how greenspace would be figured with the revisions of the ordinance. The Town
Center district will be hard to figure greenspace. It was suggested to look at those developments
as commercial for greenspace purposes.
Cheryl Porter stated they just went through that with Whispering Heights. The 2 commercial lots
were originally platted as part of the Enclave subdivision. The greenspace was originally
calculated and met when platted. Now that there is multi-family above the commercial use,
would it require more greenspace? It was mentioned that young children on the upper floors
would not have an area to play. Most of the zoning designations in the I-55 Corridor are in line
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with the City’s zoning except for the Town Center designation which is puzzling. Matt
Brandmeyer stated it should be considered as a commercial district.
Bob Pfeiffer explained the intent for the revision of Section 5-17.2(c) was for a development
which was platted as commercial and later decides to have multi-family development but
greenspace has been paid according to the commercial rate.
Veronica Armouti suggested addition Town Center sub-section. Mark Rabe asked if she
proposed a different percentage rate. She stated not necessarily. Rabe stated leaving it with the
correct subsection percentage. Brandmeyer stated it is more of a dense district so he thinks 4
percent is more applicable. The open space would be more hard surface and not green space.
David Gerber stated all the zoning districts will need to be called out within each sub-sections.
Items discussed to be changed.
1. All of A, B, C, and D should use the same phraseology to describe the same thing rather than
some subsections being very short and others not.
2. Incorporate the appropriate I-55 Corridor designations into the same percentage categories
for where they go.
3. The extent to which the commercial use affects either a PUD target or as it is converted to
residential should it change the nature of the greenspace. (The proposed ordinance shows it
has been changed in green.) People who chose to live in a city center, they know to live with
what they got. It would only apply to commercial plans which convert to some residential.
Only with a PUD it would have a sliding scale but all PUDs are negotiable.
Greg Coffey also suggested removing the wording “or amount determined by resolution
approved by City Council” in Section 5-17.3(b). City Council can change the amount at any time
by resolution and there is no need to state that. Bob Pfeiffer stated the reason that it was put in
was so the ordinance didn’t have to be changed but the amount could be changed within the
ordinance by resolution only. There was further discussion and they agreed to leave the green
language in the subsection. David Gerber suggested the sentence reading, “this base amount may
be adjusted annually by resolution determined by City Council.”
Bruce Reidel, 106 Carrington Court, wanted to speak regarding the changes to the Greenspace
Ordinance. He works for RLP Development and other corporations or LLCs who develop
properties. He has sold lots for many years within subdivisions. Speaking on experience, most
people do not want to buy lots right next to active greenspace within a subdivision. They are
afraid of all the activity in their side or back yards to get to the greenspace areas. Now
Hawthorne Hills put in a beautiful pathway throughout the development which is an attraction.
The Homeowners Associations have trouble collecting their HOA dues which would maintain the
active greenspace areas. It has been a struggle raising HOA dues from $100 a year to $150 a year
for maintenance.
It is proven that Edwardsville has only 29 new single family homes in 2016 and 2017 had 32 new
single family homes. No one would predict 10 or 15 years ago that Edwardsville would be down
and only averaging only 32 new homes. If the City is going to increase the greenspace fees then
fees will have to be pulled off from somewhere else. Edwardsville is an undesirable place to live
because of the costs. Everybody wants to live in Edwardsville but they have priced their selves
out of the market. He also felt that active greenspace for commercial use could be a danger.
Jeff Lantz, Lantz Homes, stated with commercial their only option would be to buyout the active
greenspace.
Eric Williams stated they have a choice of active or passive greenspace.
The committee agreed to forward to Plan Commission with proposed changes.
Agenda
CITY OF EDWARDSVILLE
Plan Commission
ORDINANCE COMMITTEE
AGENDA
MEETING DATE: Monday, March 12, 2018
TIME: 6:00 P.M.
PLACE: City Hall Committee Meeting Room
I. CALL TO ORDER
II. STAFF PRESENTATION
III. DISCUSSION
A. An amendment to the Greenspace Ordinance
IV. NEW BUSINESS
V. ADJOURNMENT
Amendment to Green Space Ordinance – V9 – 02-01-18
Section 5-17. - Provision of green space.
5-17.1 General green space requirements:
(a) Proposed Except as provided otherwise in this Section 5-17 subdivisions and Planned Unit
Developments (PUD) shall contain active and passive green space in perpetuity. Such green
space shall be owned (either in fee simple or by perpetual easement), supervised, managed,
and maintained by the developer, subdivision or PUD property owner’s or owner's association.
The green space shall be shall be identified and specifically located on the subdivision plat or
PUD site plan and be independent from any other land intended for any other use. The green
space must be contiguous to a public access right of way; ingress/egress easements will not be
permitted except in cases of approved PUDs. The green space shall consist of active and
passive green space, whether developed for recreational uses or not, but shall not include water
retention, water detention, or other stormwater management areas; however, ponds, lakes or
natural wetlands that are part of the stormwater management system shall be considered as
green space if they can be used for fishing, boating or other aquatic recreation. Active green
space must be constructed in compliance with any and all applicable laws and regulations
(including the Americans with Disabilities Act). Green space must be accessible to all lots via
rights-of-way or easements to preclude having to cross private land. Creative uses of green
space will be are encouraged.
(b) By way of example, Active green space may include, but is not limited to the following:
(1) Multi-use paths or walking trails: Multi-use paths or walking trails intended for the use of
pedestrians, bicycles and other forms of self-propelled transportation. All trail or path
construction shall be in conformance with any and all applicable laws and regulations,
including those relating to thickness and width. Curbs at all intersections shall be
depressed and the path or trail shall be ramped in accordance with applicable
standards. Multi-use paths or trails that are part of or are connected to an existing public
trail system, are part of an adopted Pedestrian / Bicycle Plan as adopted by Council, or
connect directly to a developed school or university property shall be allowed as credit to
meet the active green space requirement.
(2) Outdoor swimming pools: Outdoor swimming pools and deck areas intended for the use
of residents of a subdivision or PUD.
(3) Official “fields of play”: Fields of play intended for the use of residents of a subdivision or
PUD that meet the national recreational standards for that sport facility or use. For
example, tennis courts which meet standard size and court dimensions and are marked
accordingly. Areas with benches and shade within close proximity to play area may be
credited toward the active green space requirement.
(4) Playground areas for small children. Outdoor playground area in designated commons
areas with amenities such as slides, swings, jungle gyms, climbing walls etc. with
surfaces designed for low maintenance and soft landings in case of fall. Areas with
benches and shade within close proximity to play area may be credited toward the
active green space requirement.
(5) General recreational areas. Open areas without trees or other obstructions intended for
the use of residents of a subdivision or PUD which allow for a variety of recreational
uses such as throwing a baseball/softball. These areas must be graded and placed in
locations not prone to flooding or prolonged periods of standing water. They must be
reasonably available for these intended purposes and topographically appropriate for
the intended use.
(c) Active green space areas shall not include areas reserved for non-active outdoor use such as
picnic tables, pavilions, gazebos, grills/outdoor barbeque pits, and hammocks. These features
may be placed in passive green space areas.
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Amendment to Green Space Ordinance – V9 – 02-01-18
(d) Active green space areas shall not include indoor areas such as club houses, study
rooms/centers, and computer terminal areas.
(e) The subdivision's or PUD’s covenants and restrictions shall include language to the effect that, if
the property owners fail to maintain the green space, the city has the authority to maintain the
green space and impose a lien on each lot in the subdivision or PUD for its share of the
maintenance costs. The developer shall have the duty to maintain the green space until such
time as 70 percent of the lots have been sold or individual property owners control the
association. However, the developer shall be responsible for construction details and
construction quality of green space areas for a two-year period as provided in section 3.5,
Maintenance of improvements, of this code.
(f) As part of developer's site plan approval responsibilities, developers shall be responsible for the
installation of improvements to the development for active and passive green space purposes
including, but not limited to, finished grading and ground cover for all green spaces within their
development.
(g) In a phased subdivision or PUD the developer must provide the required green space for the
subdivision or PUD in proportional amounts for each phase of the development. The amount of
green space exceeding the requirements in a completed phase may be applied toward any
future phase of the subdivision or PUD.
5-17.2 Minimum green space requirements: The amount of green space to be contained in subdivisions
and PUDS shall be as follows:
(a) Single-family residence district (R-1) and single-family residence estate lot district (R-EL)
and all other zoning districts except as provided in subsection C below multiple-family
dwelling district (R-2) – Ten percent (10%) of the total area of the subdivision or PUD,
which shall consist of four percent (4%) of the total area as passive green space and six
percent (6%) of the total area as active green space.
(b) Multiple-family dwelling district (R-2) —Twenty percent (20%) of the total area of the
subdivision or PUD, which shall consist of eight percent (8%) of the total area as passive
green space and 12 twelve percent (12%) of the total area as active green space.
(c) Commercial district – Four percent (4%) passive or active green space. However, if the
commercial use develops as a mixed-use development with a residential component at a
future date, payment of fees in lieu of active green space or provision of active green
space proportional to the residential use is required. with multi-use development added
later subject to additional fees.
(c) All other districts —Four percent of the total area of the subdivision, which shall consist of
passive green or active green space all of which shall be provided within the subdivision.
(d) Industrial districts — Four percent of the total area of the subdivision, which shall consist of
passive green or active green space all of which shall be provided within the subdivision.
5-17.3 Compliance with green space requirements: In providing the required areas of green space
within the subdivision or PUD the required amount of passive green space must be provided within
the boundaries of the proposed subdivision or PUD. The required amount of active green space may
be provided in the following ways:
(a) Construction of the active green space within the development;
(b) A cash contribution in lieu of constructing active green space may be made by the developer to
the park improvement fund. The amount to be paid to the fund shall be determined pursuant to
a formula established by the city, which formula multiplies is the product of the acreage amount
of active green space required in the subdivision or PUD or development multiplied by
$12,500.00 per acre; a base amount of $41,000 per acre. This base amount shall increase
annually by two percent (2%), on May 1 of each year or an amount as determined by resolution
approved by City Council. If a cash contribution is made in lieu of providing active green space,
then the calculation of the cash contribution (being total paid, number of acres being bought out,
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Amendment to Green Space Ordinance – V9 – 02-01-18
and the applicable base amount per acre) shall be included on the final subdivision plat or the
final PUD site plan, as applicable. If this option is utilized, the cash contribution amount due
shall be paid at the time of the approved final plat or land division that is consistent with
utilization of the Illinois Plat Act exemption (See Section 1-4 of the Land Development Code) or,
if applicable, upon the approval of the final PUD site plan. By separate written agreement
between the city and owner/developer in which the owner/developer agrees to pay the park
improvement fund the sum of $500.00 per lot to be developed in a R-1 district or R-EL or
$250.00 per dwelling unit in a R-2 district. However, if at least three percent of the required
active green space in a R-1 district or R-EL district is provided in the subdivision, the payment of
the sum of $300.00 per lot shall be paid; or if at least six percent of the required active green
space in a R-2 district is provided in the subdivision, the sum of $150.00 per dwelling unit shall
be paid. The remaining amount due shall be paid within one year of the date of the approval of
the final plat. If either payment is not made, the city shall have the right to proceed against the
bond provided in section 3-5, Maintenance of improvements.
(c) In lieu of providing the active green space within a proposed subdivision, developer may, if
found acceptable to the City, provide the required amount of green space at an alternate site
which would meet the needs of the community. If an alternate “off -site” green space is allowed,
said amount of acreage and exact location of said green space shall be noted on the final plat of
the proposed subdivision and recorded as the acreage provided to conform to the green space
requirement for the subdivision.
(d) A combination of subparagraphs (a), (b) and (c) above as approved by the city council.
5-17.4 Protection of green space: Green space shall be protected from development through platting,
deed restrictions or restrictive covenants which will ensure its perpetual use as a green space as
defined in the ordinance and which further provided that no changes in use may be made without the
express written consent of the city.
(Ord. No. 5930-2-14, § 10, 2-18-2014)
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