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HomeMy WebLinkAboutPacket - 10/23/2017 - Community Development Committee e... N4CHenr Community Development Committee McHenry Municipal Center 333 S Green Street McHenry,IL 60050 October 23 2017, 7:00 PM AGENDA 1. Call to Order 2. Public Comment: Any person wishing to address the Committee will be asked to identify themselves for the record and will be asked but are not required to provide their address. Public comment may be restricted to three-minutes for each individual speaker. Order and decorum shall be maintained at public meetings. 3. Motion to approve the September 20, 2017 Community Development Committee meeting report. 4. Discussion and input on the partial draft of the Code Enforcement Strategy. 5. Review of a proposed text amendment to the Municipal Code Chapter 11, Sec. 11-89, Storage of garbage and refuse containers, etc., and direction to place item on the next available City Council meeting agenda. 6. Department updates. 7. Motion to adjourn the meeting. Next meeting: November 13, 2017. The City of McHenry is dedicated to providing its citizens,businesses,and visitors with the highest quality of programs and services in a customer-oriented,efficient,and fiscally responsible manner. COMMUNITY DEVELOPMENT COMMITTEE MEETING REPORT September 20, 2017 McHenry Municipal Center In Attendance: Committee Members: Chairperson Alderwoman Condon, Alderman Santi and Alderman Devine. Absent: None. Also in Attendance: Director of Community Development Polerecky, and City Clerk Nevitt. 1. Call to Order. Chairperson Alderwoman Condon called the meeting to order at 7:00 PM. 2. Public Comment. None. 3. Motion to approve the August 29, 2016 Community Development Committee Meeting Report. Alderman Devine made a motion, seconded by Alderman Santi to approve the meeting report as presented. All ayes, motion carried. 4. Motion to approve the October 10, 2016 Community Development Committee Meeting Report. Alderman Santi made a motion, seconded by Alderman Devine to approve the meeting report as presented. All ayes, motion carried. 5. Motion to approve the August 14, 2017 Community Development Committee meeting report. Alderman Devine made a motion, seconded by Alderman Devine to approve the meeting report as presented. All ayes, motion carried. 6. Discussion on Amendments to the Zoning Ordinance and Municipal Code to allow backyard chickens within city limits. Director Polerecky reported that in 2011, an ordinance allowing residential backyard chickens was presented to the CD Committee, Planning and Zoning Commission, and City Council. The Committee's response was to proceed to Planning and Zoning for a recommendation. The motion to allow this use failed at the PZC and in City Council. Director Polerecky informed the Committee that usually in the spring, the department receives many calls in regards to allowing backyard chickens within the city limits. He is of the opinion that this becomes an interest when the sale of baby chicks in big box stores occurs in the spring. Alderwoman Condon asked if the people contacting the city were made aware of the regulations. Director Polerecky answered yes and that most of the people who call or visit the department refer to a newspaper article that appeared in the Northwest Herald Community Development Committee Meeting Report September 20, 2017 Page 2 reporting the Council would revisit the matter in one year, however this never occurred, which is why this matter was has returned to the Committee. A survey of communities that allow and ban residential backyard chickens was provided to the Committee. The department found there are no communities other than unincorporated McHenry County that allow backyard chickens. Multiple communities have taken the same path as McHenry with motions failing in the Council. If the Committee were to decide to pursue this further, staff recommends the same amendments that were presented in 2011 be considered. The information presented in 2011 was derived from communities that allow this use. All of the zoning requirements such as coop size and number of chickens, setbacks, etc. were taken into consideration and the research remains relevant today. Director Polerecky further stated that a few concerns expressed recently by some individuals include setbacks, noise, and odor. These are all valid concerns and are addressed in the proposed amendment. However high density areas with small lots are a main concern. Staff does not know how the city could enforce no chickens permitted in one zoning district and not in another. Some communities require a 50-foot setback for coops, which means a residential lot would need to be 100 to I I0-feet wide to meet this requirement, which excludes the RS-4 district, much of RS-3, and some of RS-2. Director Polerecky noted only a portion of the city would meet the requirements of the strict setbacks. Staff does not know if this would be fair and in his opinion would create a huge enforcement problem. The city did present a pilot program in 2011, which proposed 10 licenses issued the first year. After the first year, staff would review the effects of the pilot program in regards to complaints and enforcement and present the findings to the Committee and Council. Staff would recommended the pilot program if the Council approved moving forward with this ordinance. Director Polerecky noted if a backyard chicken ordinance were passed at this time, it would take away valuable staff time needed to implement and enforce a rental registration program and code enforcement efforts. He did recommend this matter be revisited in two-three years. As more communities permit this use, the city will gain more information on potential enforcement problems. Last week, the City of Elgin adopted an ordinance that permits backyard residential chickens. They ran a pilot program with 15 licenses that began in February 2016, and in September 2017, increased the number of permitted licenses to 75. Conversely, after the first 15 licenses were issued, many people who did not have a license purchased chickens, which created multiple enforcement issues and created a huge waiting list for a license. This is one of staff s concerns with the pilot program. Alderwoman Condon stated she, Alderman Santi and Alderman Peterson were on the Committee in 2011 when this matter was originally considered and unanimously agreed to forward a recommendation to the Council to allow chickens. People are becoming more health conscious and fresh eggs are healthy, which increases the desire to have backyard chickens. In her opinion, the reason the Committee agreed to move forward Community Development Committee Meeting Report September 20, 2017 Page 3 with the proposal at that time was due to the extensive research done on the matter. Odor and noise concerns were found not to be as valid as people thought they would be. Alderwoman Condon said her concern was the lot size needed for the setback requirements. If we were to move forward with this proposal, she would want — fair or not — the requirement for larger setbacks. She added that most of the communities that approve this use are affluent areas with larger lot sizes. Alderwoman Condon stated she is not opposed with moving forward with this proposal however, she respected the fact that we are in a community where almost all enforcement is complaint driven and we do not have the manpower to check on site for everything. If people were to follow the pilot program as presented with the proposed setbacks, she would be comfortable with moving forward with the proposal. Alderwoman Condon further stated the pilot program that allows 10-licenses assumes that people are getting the licenses. People will have chickens without a permit. The city has to do much marketing to inform residents about the requirements and specific guidelines. Alderwoman Condon closed by saying if this matter does not move forward at this time, she would like the topic revisited in two-years. Alderman Devine stated he does not think it would be right to allow chickens only permitted on certain sized lots. Much of his Ward would be prohibited from this use. He does not see the need for backyard chickens and is concerned with neighbor vs. neighbor issues that might occur due to enforcement issues. Alderman Santi agreed with prohibiting chickens at this time. He stated that in his Ward, there also are not many lots that would be meet the setback requirements for chickens. He added in 2011, Mr. Adrian Plante provided the Council with an informative and educational presentation on chickens. He then asked Director Polerecky if stores that sell chickens also sell coops and feed. Director Polerecky answered yes and if the city were to permit chickens, the ability for people to purchase the products they need to take care of the chickens would be readily available. Alderman Santi stated that he agreed with Alderwoman Condon to revisit this topic in two-three years. The Committee unanimously recommended not to forward this matter to Planning and Zoning at this time and to bring this back to the Committee for further discussion in fall 2019. 7. Department Updates: Director Polerecky reported on the following department activities: • Ricky Rockets development has been postponed due to obstacles obtaining approval from IDOT and MCDOT for road improvements and access on to Route 120. The developer does not want to break ground this close to the winter season. Groundbreaking is expected in spring 2018. • Dunkin' Donuts on Front Street is progressing. The project experienced a construction delay due to the recent rains. They were scheduled to open in fall 2017 however, their completion date at this time is unknown. Community Development Committee Meeting Report September 20, 2017 Page 4 • Smith's Central Garage was issued a permit for the fire suppression system. Scheduled start date is next week. This project should take about one week to complete. • Two single-family homes are begin construction in the Lincoln Hills subdivision. Construction of these homes was expedited due to the recent changes in the city's teardown ordinance requirements. • Manny occupancies have been approved for Patriot Estates subdivision. Sidewalks were recently installed in the subdivision. The developer is requesting acceptance of the public improvements in the subdivision. Staff is developing a punch list for the developer. • Staff has not received confirmation that Best Buy is closing. Director Polerecky announced that no other stores are closing in the shopping center; that is just rumor. • Permit and Code Enforcement reports will be provided to the Council soon. In 2016, the department had issued 1455 permits. This year we are at 1387. Code Enforcement his time last year saw 735 complaints logged and to date we are at 1020. Director Polerecky reported the increase in the amount of complaints is reflective of the push to involve all department staff in code enforcement. • Next month, a draft of the Code Enforcement Strategy will be presented and the proposed real estate transfer fee will be discussed in November. Alderwoman Condon announced the next meeting is scheduled for October 23 at 7:00 PM. Alderman Devine asked Director Polerecky if the barn was part of the Ricky Rockets Development and will anything going to be done to improve it. Director Polerecky answered yes, it was part of the annexation agreement. There are code enforcement issues for the barn that are being addressed with the developer. It is unknown what plans they have for the barn. Alderman Santi asked if there was access onto Country Lane from the barn and Director Polerecky said there is a driveway at the barn however there will be no access from Ricky Rockets to Country Lane. 8. Adiournment. There being no further business to discuss. Motion by Alderman Devine made a motion, seconded by Alderman Santi to adjourn the meeting at 7:55 pm. Voting Aye: Santi, Devine, Condon Voting Nay: None Absent: None Community Development Committee Meeting Report September 20, 2017 Page 5 Motion carried. Reviewed and Approved on the day of , 2017. Alderwoman Geri Condon, Chairperson Department of Community& M Economic Development r Ross Polerecky, Director McHenry Municipal Center 333 Green Street McHenr McHenry, Illinois 60050 Phone: (815) 363-2182 Fax: (815) 363-2173 rpolerecky@ci.mchenry.il.us Community Development Committee Agenda Supplement DATE: October 23, 2017 TO: Community Development Committee FROM: Ross Polerecky, Director of Community Development RE: Discussion pertaining to a draft copy of the Code Enforcement Strategy While creating goals and committee topics earlier in the yea,r a Code Enforcement Strategy was identified as a key element that could help the department's efforts against code violations. A Code enforcement/compliance strategy lays down the framework for addressing code violations in a consistent yet efficient way while maintaining an awareness of property owner's rights. During the initial investigation into the strategy it was identified that this document can be more useful than originally thought. The document presented is a very rough draft and has continually changed over the course of design. In order to be a useful document it may need to come before the committee a few times before the final document is ready for approval. The committee plays a crucial role in outside advice and input; I am asking for a brief review of the attached document and comments to see if the direction is one the committee agrees with. The department's goal is to continually work on this document and fine tune the strategy so it is a useful tool within the department and also an educational tool the citizens can use to get a better understanding of Code Enforcement. � rA� ♦, sue �� ,tea j V October Table of Contents An Introduction to the Code Enforcement Strate Section 1: Framework Docume Section 2: Practical Strategies Section 3: Resolu Section 4: E ment Sche Section 5: En fo ent T Status Table iSlaa +, r * lY T p fNnA �' eYVnkk ,y When the Depa receives a complaint the twill be entered Complaint into the de p n are tracking program. pecti he property will be cted within urs. T ssigned ector will Nvi �he pro nd ' igate the complaint, a Inspection of property thorou tion of the property i performe king for all violations, no ust the initi plaint. A c vie he history of the Review Prowimmiatory p y i ed, this review mines if property has a history property code violations If roperty has no recent property i tenance history, and the violation is ation er t an immediate life and safety issue an informational letter is drafted and sent to the property owner/tenant informing them of the violation. The property owner/tenant will receive a legal violation notice informing them o Violatio er the violation. This notice will include an explanation of the violation along with the remedy required to comply, a time frame will be included. If the violation is not satisfied by the date on the violation letter a citation will Citation issued be issued, the fee will be based on the fee schedule in the municipal code. This citation will also include a court date. ANNEW Adir Practical Strategies e A& This section outlines several practical steps the City will take to prevent code violations from occurring and/or increase the likelihood the cases will be resolved in a timeiy manner. Introduction Purpose The Code Enforcement Strategy Guide was created with three primary objectives in mind: • To ensure that all property owners are treated equally by cr g a predictable path to resolution for code violations. • To first try to prevent code violations, then resolve a se the enforcement tools such as fines when absolutely a • To create an efficient and easily manageabl ase of all exi code violations within the City. This is primarily achieved by outlining the expectati for resolving is types of code enforcement cases. The Strat uide etails practical strategies to prevent code violations, tools the a in order to achieve compliance and policies that dir y-to-day de making within the Community Development Depa erall, the y Guide aims to create a predictable path for property o s, neighbo s for longstanding code violations and improve the a cy o e en ent program. Communitv elo The 'ty De nt Depart comprised of eight employees, each of t lay I role in the co a enforcement process. The nistration ' the line often listening to and calming residents who may unhappy abou de v n. This administration staff has the responsibility of a thorough re of th ation and inputting it into the software program for a ular inspector. ring the call the staff will ask questions about the whe uts and des ion of the code, extensive notes are required to make certain ode viol is fully understood by the inspector it is assigned to. The departure o e Enforcement inspector whose main duty is to investigate and take the the to compliance for the violation at hand. The department also employs r inspectors and a plans examiner, all with property maintenance certifications or training to properly enforce the codes of the City of McHenry. The department takes a proactive approach with code enforcement and requires all employees to log in property maintenance violations as they see them throughout their daily routines. A,40( The Framework Documents The Framework documents include the o read chart, which displays the various types icipal Co tions. The Status Table outlines the different ode en ent cases. Both documents allow the Code E ce icers ort all code cases in a manageable databa • City of McHen icipa • The City of my Zoning ance • The Inter I Property M nance Cod • International ential • Inte tional Bui nerg ervation Code nternation Code International ical International Fuel Code ois State Plumbi ode • ry County St ater Management Ordinance Practical Strategies Good Neighbor Brochures The Community and Economic Development Department has created a group of brochures that covers basic municipal code sections. These broctwres are a tool that allows us to inform residents of the most common ordinan hese brochures are used as educational pieces to both new resid nd existing residents. Below are a few examples of some of the good or brochures we utilize. City of City of McHenry "� �, McHenry I.nn,.rt:,11,•ubp,rrni PROPERTY Storable Building MAINTENANCE CODE ENFORCEMENT Pools Permits i Help Yourself—Your Neighbor Help Yourself—Your Neighbor Help Yourself—Your Neighbor This Brochure is intended as a guide This Brochure is intended as a guide This brochure is intended as a guide outlining basic information for outlining basic information for outlining basic information for Property Maintenance Storable Pools building permits in the City of McHenry in the City of McHenry in the City of McHenry Being a Good Neighbor Being a Good Neighbor ( Being a Good Neighbor Department of Community& Department of Community& i Department of Community& Economic Development Economic Development 1 Economic Development McHenry Municipal Center McHenry Municipal Center McHenry Municipal Center 333 Green Street 333 Green Street 333 Green Street McHenry, Illinois 60050 McHenry, Illinois 60050 McHenry, Illinois 60050 Phone: (815) 363-2170 Phone:(815)363-2170 j Phone: (815) 363-2170 Fax: (815) 363-2173 Fax: (815)363-2173 Fax: (815) 363-2173 www.ci.mchenry.il.us www.ci.mchenry.il.us www.ci.mchenry.il.us ced@ci.mchenry.il.us i Social Media Social media has been revolutionizing the way we communicate for years now. No longer is it a niche corner of the web reserved for early adopters and meme enthusiasts. Today, everyone from big brands to health care a ities are using social to bolster their profile through public engagement. An asingly, that trend is also shifting the flow of discourse between government s and the public. Communication between Community Deve ent a Public Works nd Code Enforcement when it comes to code en violations. It is imperative that the City of Mc ks as a tea 'lizing all departments and employees to help identify, educat a code A ns. Resolutions Plans The Resolution Plans represent the largest sec ' the documen . each type of violation found, a plan to resolve the as been created. resolution plan creates an overall timeline olving the code enforce case, as well as the timeline for each step rds resol As long as th property owner sticks to the plan, they can a nes her code enforcement tools. Work without a permit — Resolution Plan Maximum Time Allotted: Description: Timeline .w , -Usk Tall Weeds and Grass - Resolution Plan Maximum Time Allotted: Description: ProoertvOwner Task } ,: .: Parking on an Unapproved Surface — Resolution Plan Maximum Time Allotted: Description: 1, j de ' Unsafe Structure — Resolution Plan Maximum Time Allotted: Description: Ti.. m� -.Task Accumulation of Rubbish—Resolution Plan Maximum Time Allotted: Description: Hoardina —Resolution Plan Maximum Time Allotted: Description: Inoperable Vehicle —Resolution Plan Maximum Time Allotted: Description: Drainaae—Resolution Plan Maximum Time Allotted: Description: Danaerous Tree—Resolution Plan Maximum Time Allotted: Description: Expired Permit—Resolution Plan Maximum Time Allotted: Description: Prohibited Sign —Resolution Plan Maximum Time Allotted: Description: Keegina of Animals —Resolution Plan Maximum Time Allotted: Description: A& The Enforcement Schedule The enforcement schedule outlines the ti f enforcem t for thNtypice violation. This includes when the property o will re otic when they will receive a fine and when they sh a urther action. It is important to note that when a proggrty owner stic schedule outlined in the resolution plan the enforcement a will not b ssary. Typical Enforcement Schedule Days Since Previous Action Action Description Complaint reported or --- Complaint Reported observed 1-2 entered into building of tware-and Case Creation and Ospec ropriate Assignment r. AV The inspector will p Ily visit he site to verify t c nt, pictures of th n will be taken and ed into software. If violation confirmed a violation notice will be issued following the solution plan. 2-3 enant .ed buildings, the pro wner and/or ana will also be notified Mail, and will become ity's primary point of contact. Within the timeframe, the responsible party should contact staff and agree upon a resolution plan, which includes the initial site inspection. If the property owner does not contact staff within the time period, a citation will be issued. If the property owner does contact staff and enter 7-10 Citation Issued into a resolution plan, no citation will be issued. However, if the property owner does not comply with the resolution plan schedule, a citation will be issued immediately. Days Since Previous Action Action Description If the property owner does not respond to the initial citation, he citation automatically 7 Citation doubles doubles, this is noted on the original citation, the City reserved right to cite daily per the 'pal Code If the property ow s not re and to citations required by the -30 Adjudication idual, this court date s tablished in the original cRation the bove actions do not It in resolution of the code --- dditiona olutions forcement violations, the City reserves the right to take further legal action, including, but not limited to, abatement through the office of adjudication resulting in fines, abatement fees and legal fees being assessed to the property owner in the form of a lien. The Code Enforcement Officer Preparation of Lien will prepare the necessary paperwork and forward it to Nook the Finance Department. Overall N Imefr ill be shortened for hazardous situations. Tools It is always the goal of the City to resolve a Municipal Code violation as quickly and simply as possible, and the quickest way to resolve a code violation is immediate removal of the violation or follow a resolution plan. I event a property owner chooses not to go that route, the City must h e tools necessary to enforce the Municipal Code. This section ou ' hat those tools are, and what the process is to use those tools. Exam p are fines, notices of dangerous building and property liens. Processes Notice of Complaint Almost all code enforcement ca hen the unity Development Department receives a complaint ut Y. Typi this complaint comes from a neighbor who is con ed th ect rty owner is doing work without a buildi it or is i ed ' cti ty. While some of these cases can b nfirmed a Enfo ent Officer, other cases cannot. I ases e a Co ation cannot be confirmed by a drive-by insp or eviden rovided a complainant, the Code Enforcemen er will sen etter infor the resident of the concern. This noti a will re a prop a contact the Community De epa nd provide a nce that all activities currently being ted o ubje perty are in compliance with the Municipal Code. In t cases, this e a spection. If the complaint is without merit, the e will be close edia unpermitted work or an illegal activity is being cted on the pr Y. Not'c iolation When a enfor nt officer confirms that a violation exists on a property, a Violation n ssued. The violation notice will be posted onsite and mailed to the y owner and/or property manager. The notice will include the subject property address, type of violation and Municipal Code reference, appeal rights, code enforcement officer contact information, the initial timeframe to contact or resolve the case and other related information. Typically the notice will require that the resolution process begin within a 7-day period. However, life and safety situations must be corrected in a shorter timeframe. Please see the Resolution Plan section of the Code Enforcement Strategy Guide for the expected resolution timeframes for each type of violation. Citations (Fines) The goal of the code enforcement program is to resolve code violations, not to collect fines. However, there are times when a property owner chooses not to comply with a violation notice, or whose property has been the subject of past code enforcement actions, and fining the property owner is another way to achieve compliance. Per Municipal Code, property owners can be fined on a daily basis for non-compliance with the code. Typical fines start at $100 per day and can reach $750 per day for serious violations. The property ner may appeal a fine after paying the full amount. If a property owner of pay the fine the full amount, further action will be taken to collect th , including through a lien process. Adjudication Abatement When a property owner ignores notices and fines,Aad pts not t n up their property or obtain the necessary permits, the C' the option to the nuisance. Due to the time and cost associate abatement, the Ci only utilize this process for the most serious A . The abatement proce usually be used for visual nuisance violati d life-saf azards. The process is outlined in the Municipal Code an rop ner will be responsible for all city costs incurred during the t process. Abatement costs may be collected through Liens When a property olad=Nhhmes not t s co cement violation, nor to pay the asso ' ines fees, th as the abi ity to record a lien or against a pro his auth is alrea ranted in the City's Municipal Code and is stand actice with a code a ement field. ®, Department of Community& Economic Development Ross Polerecky, Director ., McHenry Municipal Center 333 Green Street � McHenry, Illinois 60050 / i!i �t M y�r � Phone: (815) 363-2182 Fax: (815) 363-2173 rpolerecky@ci.mchenry.il.us Community Development Committee Agenda Supplement DATE: October 23, 2017 TO: Community Development Committee FROM: Ross Polerecky, Director of Community Development RE: Refuse container storage Background: Single family refuse container (garbage cans) storage has challenged the Community Development Department year after year. The current ordinance requires that storage of refuse containers to be stored "out of plain view." Sec. 11-89. Storage of garbage and refuse containers,etc. No person shall place any garbage and refuse container adjacent to any street, alley, or other public place more than 24 hours prior to the regular and customary collection schedule established by such person's scavenger, nor shall any person permit such garbage and refuse containers to remain adjacent to any street, alley or other public place more than 24 hours after the aforesaid regular and customary collection schedule. At all other times such garbage and refuse containers shall be stored out of public's plain view. Analysis:The challenge with this language is that "plain view" is vague. Mariam Webster dictionary defines "in plain view" as, in a place that is easily seen. Many of our residents store refuse containers on the side of their homes next to the garage, this may or may not be easily seen but can be perceived as within plain view. The intent of the ordinance is to have the containers stored in an area not unsightly. With the new garbage service provider the cans have changed to a brown color instead of the highly visible green. This allows the can to blend into the natural earth tone colors of the landscaping. Residents often call or come into the CED with a lengthy list of neighbors Department of Community& Economic Development Ross Polerecky, Director McHenry Municipal Center 333 Green Street Mc, enr , McHenry, Illinois 60050 l 1 ll Phone: (815) 363-2182 Fax: (815) 363-2173 rpolerecky@ci.mchenry.il.us whose cans are stored on the side of the garage and want them to move them to a different location. This takes many staff hours to investigate and determine if there is truly a violation present. Garbage refuse containers are a part of our everyday life, storing them in the garage is not an option due to the smell in the summertime and requiring homeowners to screen with a fence or landscaping may be cost prohibited to some. A proposal to change the ordinance to require containers to be stored behind the building line of the principle structure seems reasonable. This would allow the CED to maintain a level of aesthetics but also be realistic. No cans would be allowed to be stored on a front porch or in the front of a home. The proposed text amendment would read as follows: Sec. 11-89. Storage of garbage and refuse containers,etc. No person shall place any garbage and refuse container adjacent to any street, alley,or other public place more than 24 hours prior to the regular and customary collection schedule established by such person's scavenger, nor shall any person permit such garbage and refuse containers to remain adjacent to-any street, alley or other public place more than 24 hours after the aforesaid regular and customary collection schedule. At all other times such garbage and refuse containers shall be stored ' plain vie behind the building line of the principal structure. If the committee concurs with staff's analysis a motion to forward the attached proposed text amendment for the storage of garbage and refuse containers to City Council is recommended.