Plan Commission Meeting

April 23, 2015 MINUTES OF A REGULAR MEETING URBANA PLAN COMMISSION APPROVED DATE: April 23, 2015 TIME: 7:30 P.M. PLACE: Urbana City Building Council Chambers 400 South Vine Street Urbana, IL 61801 MEMBER PRESENT: Andrew Fell, Tyler Fitch, Lew Hopkins, Christopher Stohr, David Trail MEMBERS EXCUSED: Corey Buttry, Maria Byndom, Dannie Otto STAFF PRESENT: Jeff Engstrom, Interim Planning Manager; Maximillian Mahalek, Planning Intern; Brad Bennett, Assistant City Engineer OTHERS PRESENT: John Hall, CC Zoning Administrator 1. CALL TO ORDER, ROLL CALL AND DECLARATION OF QUORUM Chair Fitch called the meeting to order at 7:30 p.m. Roll call was taken and a quorum was declared present. 2. CHANGES TO THE AGENDA There were none. 3. APPROVAL OF MINUTES The minutes from the March 5, 2015 meetings were presented for approval. Mr. Hopkins moved that the Plan Commission approve the minutes as presented. Mr. Trail seconded the motion. There were no changes, and the minutes were approved unanimously by the Plan Commission as presented. 4. COMMUNICATIONS  Attachment A: Proposed Revision to Draft Storm Water Management and Erosion Control Ordinance Page 1  April 23, 2015 5. CONTINUED PUBLIC HEARINGS There were none. 6. OLD BUSINESS There was none. 7. NEW PUBLIC HEARINGS There were none. 8. NEW BUSINESS Case No. CCZBA-769-AT-13 and Case No. CCZBA-773-AT-14 - A request from the Champaign County Zoning Administrator to amend the Champaign County Zoning Ordinance regarding regulations of stormwater, erosion and sedimentation controls. Chair Fitch opened these two cases. Maximillian Mahalek, Planner Intern, presented both cases together to the Plan Commission. He began by explaining that Case No. CCZBA-769-AT-13 amends the name to “Storm Water Management and Erosion Control Ordinance”, adds requirements to bring the County more in line with the National Pollutant Discharge Elimination System (NPDES), and adds various other requirements to ensure better erosion and sedimentation controls. Case No. CCZBA-773-AT-14 amends the newly named ordinance to add requirements for grading and demolition permits for any project that disturbs more than one acre of land. He noted that the City of Urbana has our own Erosion Control Ordinance and a Stormwater Control Ordinance. He discussed how the proposed text amendment would relate to the relative goals and objectives of the City of Urbana’s Comprehensive Plan. In order to eliminate the overlapping jurisdictions of the County and the Extra-Territorial Jurisdiction (ETJ), the Urbana Engineering Division recommended including Paragraph 4.3B in the proposed text amendment that would exempt properties within the ETJ from the County’s regulations. By doing so, we would help minimize conflict, further promote protection of water resources and enhance management of stormwater within the community. Champaign County agreed to include the paragraph and added an additional exemption of impervious area that existed on February 20, 2003 with regards to the construction of additions to existing structures when the total increase in impervious area is less than 10,000 square feet (Paragraph 4.3C). He summarized staff findings, read the options of the Plan Commission and presented City staff’s recommendation to defeat a resolution of protest. He mentioned that Brad Bennett, Assistant City Engineer, and John Hall, Champaign County Zoning Administrator, were available to answer any questions. Chair Fitch asked the Plan Commission if they had any questions for City staff. Page 2  April 23, 2015 Chair Fitch asked for clarification on the changes that Champaign County were asking for in Paragraph 4.3C. Mr. Mahalek explained the areas shaded in gray on Attachment A that was handed out was language that the County was proposing to bring the County’s regulations more in line with the City’s regulations. He further noted that the County’s previous 4.3B became part of the 4.3C with additional language and the City’s proposed additional paragraph then became 4.3B. Mr. Stohr inquired about the fee that the City charges for permitting an inspection. Mr. Bennett stated that the City of Urbana charges for single-family erosion control permit, which is also called Class 2. It is a $50.00 fee. For non-residential properties, such as commercial, industrial, and multi-family, the fee is $200.00. For Class 1 permits or sites over an acre of disturbed area, the City charges $500.00 for the first five acres and then $20.00 an acre thereafter. He noted that the City of Champaign and the Village of Savoy charge similar amounts because when they were creating the Erosion Control Ordinance in 2007, the three entities worked closely together to have a consistent ordinance to prevent a lot of variation between them. Mr. Stohr asked if the fees nominally covered the costs for doing the oversight and the inspection. Mr. Bennett said no, they were not intended to do so. The fees were set to place a value on the permit itself as opposed to giving it away for free. City staff looked to see what other communities charged and tried to be consistent with their fees as well as listening to contractors and land developers. Some of the costs for permitting and inspecting are covered by the Stormwater Utility fee. Chair Fitch stated that the Plan Commission normally gets the marked up County ordinance in the packet; however, they did not get it for this case. Mr. Engstrom explained that it was a lengthy document, so City staff provided a link in the packet of information. Chair Fitch replied that the Plan Commission should have it for future County text amendments. With there being no further questions for City staff, Chair Fitch opened the case up for public input. There was none, so Chair Fitch closed the public input portion of the case. He, then, opened it up for Plan Commission discussion and/or motion(s). Mr. Stohr wondered why Champaign County does not charge a fee that is commensurate with the cost of inspecting and monitoring. Is it a way of supporting development? Mr. Engstrom deferred the question to John Hall from Champaign County. Mr. Hall approached the Plan Commission. He replied that it is not an intentional way of supporting development. The purpose for the cost of the fee is the same as for the City of Urbana, which is to put a value on the permit itself. Coincidentally, the fee for the County’s minor permit is the same as the City of Urbana’s. This class of development actually sees the biggest impact overall. With regards to the major fee, Champaign County already gets a substantial fee for the stormwater drainage plan reviews, which the erosion controls are already part of that. They will be doing inspections; however, in terms of the scope of work, the weekly inspections within their MS4 area are a pretty minor element, which is why they did not propose any additional fees. The County staff believed that they would get about five new requests per year. The MS4 area is 1% of the County’s jurisdiction, so it is a very small area. Page 3  April 23, 2015 Mr. Stohr felt that the general tax support in support of the development should be recognized. It should be noted that the full cost of the inspection is not being covered. He believed the inspections were a good thing. Mr. Hopkins moved that the Plan Commission forward Case No. CCZBA-769-AT-13 and Case No. CCZBA-773-AT-14 to the City Council with a recommendation for No Protest contingent on the additions and modifications recommended by the Urbana Engineering Division. Mr. Fell seconded the motion. Roll call on the motion was as follows: Mr. Fell - Yes Mr. Fitch - Yes Mr. Hopkins - Yes Mr. Stohr - Yes Mr. Trail - Yes The motion was approved by unanimous vote. Mr. Engstrom noted that these two cases would go before City Council on Monday, May 4, 2015. 9. AUDIENCE PARTICIPATION There was none. 10. STAFF REPORT Jeff Engstrom reported on the following:  Lorrie Pearson was appointed as the new Planning Manager. She will begin on May 5, 2015. 11. STUDY SESSION There was none. 12. ADJOURNMENT OF MEETING The meeting was adjourned at 7:57 p.m. Respectfully submitted, ____________________________ Jeff Engstrom, Secretary Urbana Plan Commission Page 4