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HomeMy WebLinkAboutPacket - 08/25/2009 - Community Development Committee City of McHenry 333 South Green Street McHenry,Illinois 60050-5495 Y 'i COMMUNITY DEVELOPMENT COMMITTEE MEETING AGENDA August 25, 2009 7:00 P.M. Alderman's Conference Room TOPICS OF DISCUSSION: 1. Public Input (3 minute limitation) 2. Continued discussion on Garage Sales 3. Continued discussion on Highway Overlay District 4. Discussion on Damaging Property and Graffiti Ordinance Revisions 5. Other Business Clerk's Office and Public Works, Parks and Police Administration Community Development Recreation (Non-Emergency) (815)363-2100 (815)363-2170 (815)363-2160 (815)363-2200 Fax(815)363-2119 Fax(815)363-2173 Fax(815) 363-3186 Fax(8 15)363-2149 www.ci.mchenry.il.us COMMITTEE SUPPLEMENT TO: Community Development Committee FROM: Douglas Martin,Deputy City Administrator FOR: August 25, 2009 Community Development Committee Meeting RE: Garage Sale Ordinance Update Background At the July 21" meeting the Committee discussed a preliminary draft of an ordinance update on garage sales. Since that meeting several additional provisions have been incorporated as well as the suggested changes which the Committee requested. Staff Analysis Attached are the proposed updates and changes. These provisions have been reviewed by the Department of Construction and Neighborhood Services,which will be in charge of enforcing the ordinance. Recommendation Staff recommends reviewing the attached ordinance and providing alternative provisions/restrictions where applicable. GARAGE SALE REGULATIONS Garage Sale defined-includes any occasional sale of personal property at a residence by one or more families in a neighborhood or by a group orefat a non serer-eial repeF�ynoivesidential property where the sale is conducted by a not-for-profit agency only by one of rnefe€atlilies ifra n ' ,including but not limited to rummage sales,yard sales,attic sales, auctions,estate sales,moving sales and trunk sales. Sales must only include excess second-hand goods, junk antique or other used or discarded items and not acquired or produced specifically for resale. Permit Fee and Sign Stickers Renuired-A garage sale permit shall be obtained from the Construction and Neighborhood Services Department not less than 48 hours prior to the start of any garage sale:a permit fee of$10 shall be charged to any resident upon compliance by such person within the provisions of this ordinance:the permit shall be posted in the front yard area so as to be easily seen by city officials and shall be nontransferable the fee shall be utilized to off-set administrative, enforcement and sticker costs: A fee of$3/property shall be charged for any subdivision association or group of four(4)or more garage sales in the same general vicinity the fee shall be utilized to oft-set administrative,sticker and enforcement costs as well as cost associated with placing"No Parking"signs throughout the subdivision or general garage sale area-,upon oavment for a garage sale permit identification stickers shall be provided to the resident to place on all garage sale signage;if a sticker is not displaved on a garage sale sign the sign will be removed by City staff. Renting out garage sale space for charitable or any other purpose-Renting area to the general public for the purpose of raising funds for a charitable or any other cause,such as a parking space on residential or nonresidentially-zoned property,for the purpose of selling items which normally would be associated with agarage sale as defined herein is permitted provided that goof of adequate parking is provided for persons wishing to patronize said sale Adequate parking shall be defined as two 2)narking spaces shall be provided for every one(l)parking space utilized for sale pMoses. Adult Merchandise-the sale of adult-only merchandise shall be vennitted with the condition that all adult only merchandise be kept and/or stored so as not to be open to normal public view. All materials shall be inconspicuously-placed in an area of the sale not accessible to the general public or to persons under 18yrs of age. Food prohibited unless Health Permit is obtained-there shall be no food served at any garage sale within the City unless proof of obtaining a health department Penn it from the McHenry County Health Department is submitted to the City. This does not include prepackaged food and/or beverages; Operation of Retail Selling Business Prohibited-It shall be unlawful for anyone to conduct a- - - Formatted:Font:toot Bold retail selling business pursuant to a permit issued under these regulations or to engage in any sales other than those of wunk secondhand antique or other used or discarded items of property. Person Conducting Sale to be Owner or Occupant of Premises-It shall be unlawful for any person to conduct a sale pursuant to these regulations who is not the owner of the premises where such sale is held. Permitted Sale Frequency-two(2)garage sales shall be conducted on the same premises within any calendar year;each sale can last no more than three(3)days; Tltere shall be aminimum of thin M days between each sale; Restrictions on Location of Sales Activities-No sales regulated by this Chapter and no sale items shall be located on any public sidewalk,parkway or any other part of the street right-of-way in he4vent efFai,ecourfing duri"a,e 1.,uns Afrale on y day within. three(3)day sale pule genied may be waended sm,add+Eiena day on any of-the-subsequent-seven e guoli-sa4e-sha4-exceed-a-to4a4-e€-thfeeo3 dpy-days; 6srege�ale Ji�nsSi na e-shall not exceed five C51 Nga re feet in area with a maximum height - rormatted:Font:Bold of four(4)feet;one sign is allowed for each zoning lot,except any lot with more than one frontage may have two(2)signs,one displayed on each frontage. Off—premise directional signs may be displayed in the public right-of-way a minimum of five(5)feet from any roadway on the days when the garage sale is being conducted. No more than two-three(3-2)off-premise signs shall be permitted for each garage sale;an additional 20 square foot sign shall be permitted;to be located at one the subdivision entrance, for any neighborhood,association or group garage sale with four t-hree{43)or more participants within the same general area;garage sale signs may only contain the following information: days of the sale, hours of the sale and address/location where the sale is to take place. Off-site signage shall be restricted to one(1)per main roadway(intersection)sign and two(2)interior subdivision roadway sign. Signs at multiple entrances to a subdivision are prohibited.; Additional Garage Sale Regulations. --______ - Formatted:Font:Bold Removal of signage-Ali garage sale signs authorized by this ordinance shall be removed-He on the last day of the sale; Noise-Use of loudspeakers and/or amplifiers is prohibited;no sale held pursuant to this chapter shall be conducted with the use of outdoor loudspeakers or other amplification equipment; Attachments-No attachments,including but not limited to: balloons,streamers,pendants,etc. may be attached to any street poles,fire hydrants,sign poles,light poles or similar structures or located within a landscape bed or flower bed. Multiple Sales-When a subdivision,neighborhood or group of more than four threel43) eparatc.sales at_the same location is conducted arkina shall be restricted to one side of the street. Zoning Dish-ict-A garage sale,as provided herein,shall be conducted from residentially-zoned property only or alternatively by a not-for-profit organization on a nonresidentially-zoned property; A garage „le peFmit shall be el al e,l f+efa theAdministFatien Dept t Wss t4a 49 hetws garageeemplianee by sueh peFseH-within the pfes-isiens ef this eFdiflallee;the pef:Fnit shall be posted in die yie+fti y�' Sale Hours-Sales conducted in accordance with the provisions of this ordinance shall be conducted only during the periods€rem nine e'o eek­�84.00)a.m.to five o'clook{MOO)p.m.Monday thru Saturday and(9:00)a.m.to(6:00)p.m.on Sunday,unless special permission is granted by the Director of Construction and Neighborhood Services. Ordinance Violations-Any person,group or association violating any provision of this ordinance shall upon conviction be fined not less than$25 nor more than$100 for each offenses_—each day that such a violation occurs or continues shall be deemed to constitute a separate offense. •--- Formatted:left c COMMITTEE SUPPLEMENT TO: Community Development Committee FROM: Douglas Martin, Deputy City Administrator FOR: August 25, 2009 Community Development Committee Meeting RE: Highway Overlay District Ordinance Background At the July 2151 Community Development Committee meeting the Committee discussed the possibility of creating a special type of zoning district which could be used to regulate development in certain areas of the city. Specifically, this ordinance would apply to certain areas along major roadways. This discussion came about as the result of the proposed Richmond Road widening and how these properties should be zoned upon a roadway widening and potentially how they should be redeveloped and to what zoning classification. Staff Analysis Staff has drafted a Highway Overlay District Ordinance(HOD). This ordinance is patterned after the City's Downtown Overlay District ordinance. An overlay ordinance is an ordinance in addition to the underlying zoning where it is applicable. The boundaries to which this ordinance is applicable are included in addition to specific development-related guidelines along these roadway corridors. The proposed HOD boundaries are listed below along with the associated zoning districts: • Richmond Road from Illinois Route 120 north to Washington Street-area is currently zoned for high-density single-family residential, with some office, multi family residential and downtown commercial mixed-in; • Front Street from Bull Valley Road north to Illinois Route 120-area is zoned for highway commercial, medium-high density single-family residential; high- density single family residential, some office zoning and a very small portion is zoned high-density multi family residential district; • Crystal Lake Road from Dartmoor Drive northeast to Illinois Route 120-zoned mostly medium-high and high-density single-family residential, some unincorporated county zoning is also interspersed along with a bit of office, commercial and multi family residential, • Ringwood Road from Illinois Route 120 north to Flanders Road-area is mostly unincorporated McHenry County and medium-high density single-family residential and a small portion is zoned multi family residential and commercial; Illinois Route 120 from Ringwood Road to Chapel Hill Road-area is predominantly zoned highway commercial with some areas of other commercial zoning interspersed Recommendation Staff recommends discussing and determining the boundaries of what areas in the City should be included as part of this proposed overlay district and reviewing the attached ordinance and providing any comments and/or concerns with any of the specific provisions. HIGHWAY OVERLAY DISTRICT A. PURPOSE, INTENT AND GOALS The purpose of the Highway Overlay District (HOD) is to preserve and protect the existing historical and neighborhood character of areas along major transportation routes in the City. The HOD seeks to provide guidance for those exterior alterations and encourage new infill development. The HOD augments design guidelines for residential, commercial and mixed-use development with special criteria designed to create a cohesive and attractive roadway corridor while preserving the integrity of the existing surrounding neighborhoods. The primary goals of the HOD ordinance are as follows: • Plan for new commercial, residential and mixed-use infill development that is compatible to the character and function of the neighborhoods surrounding these highway corridors; • Encourage the use of appropriate building materials and facades so as to enhance the character and continuity of these areas; • Continue to maintain the historical fabric of these neighborhood areas; In order to accomplish these goals, the City recognizes that new development, redevelopment, and building modifications within the boundaries of the HOD is more likely to require relief from strict compliance with Zoning Ordinance requirements. Instead of using the traditional zoning and variance processes to consider this relief, the HOD provides a mechanism, the site plan review process, for allowing flexibility from the Zoning Ordinance requirements. Through the site plan review process, development proposals in the HOD can be reviewed on a more comprehensive level to ensure the goals and objectives of the district are met. B. OVERLAY BOUNDARIES The HOD boundaries are listed below: • Richmond Road from Illinois Route 120 north to Washington Street; • Front Street from Bull Valley Road north to Illinois Route 120; • Crystal Lake Road from Dartmoor Drive northeast to Illinois Route 120; • Ringwood Road from Illinois Route 120 north to Flanders Road; • Illinois Route 120 from Ringwood Road to Chapel Hill Road. C. APPLICABILITY The requirements of the HOD are applicable to all parcels falling within the established HOD boundaries. D. SITE PLAN REVIEW Site plan review shall be applicable to all development, as defined in the Zoning Ordinance, and any other activity requiring a building permit. 1. Administrative Site Plan Review. Administrative site plan review shall be required for all development and other activities requiring a building permit that comply with the regulations for permitted and conditional uses, bulk requirements such as lot area, width and coverage, required yards, building height, and floor area ratio, as provided in the underlying zoning district in which said property is located; and all,other applicable requirements of the Zoning Ordinance, including parking, accessory uses and structures, landscaping, lighting, signage, etc. 2. Expanded Site Plan Review. Any development and any other activity requiring a building permit that is unable to meet any of the requirements of the underlying zoning district or other applicable requirements of the Zoning Ordinance shall be subject to the expanded site plan review procedures. E. PROCEDURE FOR ADMINISTRATIVE SITE PLAN REVIEW The procedure for administrative site plan review shall be as follows: 1. Application. Applications for administrative site plan review shall be made on forms provided by the City. 2. Required Submittals. The following information shall be submitted with all applications for administrative site plan review: a. Narrative description of the proposal describing the request and how it meets the purpose, intent, goals, and Criteria for Review of the HOD. b. Completed building permit application. c. Recent plat of survey of the subject property, indicating all existing improvements on the site. d. Two (2) copies of detailed plans of the proposed construction or activity, sign, awning, etc., including but not limited to site plan, elevations, materials, method of construction and landscaping. e. Any other information deemed necessary by City Staff to perform a complete analysis of the request in accordance with the HOD requirements. All required information shall be submitted to the Department of Construction and Neighborhood Services for processing. The Director of Construction and Neighborhood Services, in his/her sole discretion, may waive the submittal of one or more of the required submittals if it is determined that such information is unnecessary or irrelevant to the review. 3. Administrative Review. Each request for administrative site plan review shall be reviewed independently by City Staff based on conformance with the purpose and intent, goals, and criteria for review of this Chapter. 4. Administrative Decisions. Within twenty-one (21) days after receipt of all required submittals, the Director of Construction and Neighborhood Services shall approve, approve with modifications or deny the request. Approval shall be in the form of issuance of a valid building permit. Denials will be provided to the applicant in letter form explaining the reasons for denial. 5. Appeals. Any person aggrieved by the decision made by the Director of Construction and Neighborhood Services in conjunction with this Section may file an appeal in accordance with the provisions of Chapter XVIII of the Zoning Ordinance. F. PROCEDURE FOR EXPANDED SITE PLAN REVIEW The procedure for expanded site plan review shall be as follows: 1. Application. Applications for Expanded Site Plan Review shall be made on forms provided by the City. 2. Required Submittals. The following information shall be submitted with all applications for expanded site plan review: a. Narrative description of the proposal describing the request and how it meets the purpose, intent, goals, and criteria for review of the HOD, and describing all departures from the underlying zoning requirements. b. A plot plan/site plan depicting setbacks, the relationship of buildings on the site, parking areas,driveways, walkways, landscaping and lighting. c. Building plans for all proposed buildings. d. Exterior elevations with material designations and exterior color descriptions, including fagade improvements. e. Plans for all signs, their dimensions, size and location on the property. f. Recent plat of survey of the subject property, indicating all existing improvements on the site. g. Any other information deemed necessary by City Staff to perform a complete analysis of the request in accordance with the HOD requirements. All required information shall be submitted to the Community Development Director for processing. 3. Review. All applications for expanded site plan review shall be required to obtain a conditional use permit and shall follow the conditional use permit process in the City's Zoning Ordinance. Each application shall be reviewed by the Planning and Zoning Commission for conformance with the purpose and intent, goals, and criteria for review of this chapter. The Planning and Zoning Commission may require that additional information be provided by an applicant in order to perform a complete analysis of the request in accordance with the HOD requirements. 4. Planning and Zoning Commission Recommendation. Within thirty (30) days after the close of the public hearing, a recommendation to approve, approve with conditions, or deny the application shall be rendered by the Planning and Zoning Commission and forwarded to the City Council for final action. 5. City Council Action. The City Council shall take final action on an application for expanded site plan review at a regularly scheduled meeting. The City Council shall not approve any application unless it finds that the criteria for review in this Chapter have been met. The City Council may make its approval subject to any conditions or restrictions it deems necessary to ensure the viability of the development and its compatibility with the downtown. G. CRITERIA FOR REVIEW All applications for administrative site plan review and expanded site plan review shall be reviewed for compliance with the following criteria. Harmony and compatibility of proposed uses with neighboring properties and structures; Providing cross-access easements to reduce/limit the number of curb cuts onto the adjacent roadway; Locating on-site parking to the rear of the buildings; Architecture and construction materials which are in keeping with the character of the neighborhood; Hip and gable roofs; roofs which are not flat are encouraged; Additional noise considerations to minimize impact on surrounding residents; Increased buffer yards or screening adjacent to single-family residential land uses; Design and orientation of new buildings preserving and enhancing existing views; Relationship of the proposed activity to the existing site characteristics, e.g.: topography; Relationship of the proposed activity to existing vehicular and pedestrian circulation; Adverse impacts on the health, safety and welfare of the general public; Harmony and compatibility of proposed materials and colors with neighboring properties and structures; Benefit associated with the development of the property, related to but not limited to the following: 1) Economic benefits to the City. 2) Elimination of blighted conditions. 3) Enhancements to city tax base COMMITTEE SUPPLEMENT TO: Community Development Committee FROM: Douglas Martin, Deputy City Administrator FOR: August 25, 2009 Community Development Committee Meeting RE: Amendment to Municipal Code Relating to Damaging Property and Graffiti Background Currently the City has an ordinance which addresses damage to property including graffiti; however, the ordinance is vague and does not include specific language that addresses the removal of the graffiti by the owner of the property that was vandalized. Recently, graffiti appeared on the garage of a private commercial property owner but the owner did not want to pay the expense of having it removed because it has been a recurrent action and becoming very costly. The City has dealt with graffiti on public and private property in the past but does not currently have an enforcement mechanism to require the property owner to remove graffiti from their property. Staff Analysis Attached are proposed ordinance revisions. There are no deletions proposed but simply additional language to clarify the intent of the ordinance. The majority of the revisions relate to the removal of graffiti by a private property owner. This ordinance has been reviewed by the Department of Construction and Neighborhood Services as well as the Police Department. Recommendation To forward the attached ordinance revisions to the full City Council for consideration. Ordinance No MC-09- An Ordinance amending al Code Chapter 14 Sect 14-32 of the City of McHenry Municipal Relating to Damaging Property and Graffiti BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois as follows: SECTION 1: That Chapter 14 Offenses—Miscellaneous,Article I In General, Section 14-32 Damaging Property of the City of McHenry Municipal Code is hereby amended by repealing it in its entirety and replacing it with the following: Sec. 14-32.Damaging property; genalty. (A)Damasine property prohibited. No person shall damage, befoul, disturb, destroy or deface, or Rige gmffib on.any City property or any public or private property without permission of the owner. (B) Penalty.Any person who violates any provision of Section 14-32(A)shall be fined not less than$400 for each offense and be responsible for the City's cost of prosecution including attorney fees incurred by the City.Each day that a violation continues shall be considered a separate offense.Restitution by the violator shall also be made to the owner of any property damaged or destroyed.Nothing herein shall preclude such additional civil remedies available to the person whose property has been damaged or destroyed. Sec. 14-32.1 Graffiti. (A)Prohibited. It shall be unlawful, and is hereby declared a nuisance to place graffiti, or permit graffiti to remain upon any public or private curb stone, flagstone,brick, sidewalk or any portion of any part of any sidewalk or street, or upon any tree, lamp post, telephone pole, utility box, utility pole, stanchion, postal mail receptacle, sign, hydrant, fence, door, wall, window, garage or enclosure, vehicle, bridge, pier or upon any other public or private structure or building. (B) Graffiti Defined. Graffiti is any permanent display of any name, identification, letter, numeral, figure, emblem, insignia, picture, outline, character, spectacle, delineation, illustration, symbol or any combination thereof,which without authorization, or, despite advance authorization, is otherwise deemed a public nuisance by the City Council,is marked, written, drawn, painted, scratched, inscribed or affixed, and which is a different color from the color of the exterior of those objects or structures described above and to which is affixed. (C)Removal of Graffiti by Property Owner or the City. Property Owner Responsibility. It shall be unlawful for gM person who is the owner or who has primary responsibility for control of the property or for reQair or maintenance of property in the City to permit proQM that is defaced with graffiti to remain defaced for a period of two days after written notice of the defacement violation has been provided by the City. Said written notice shall contain the following information: i. The street address or leal description of the property sufficient for identification of the property; u. A statement that the graffiti must be removed within two days after receipt of the written notice- and W. If the graffiti is not abated within the specified time frame,the City will declare the property to be a public nuisance. subject to abatement procedures. 1. Exception to Property Owners Responsibility. The removal requirement of Subsection 14 32 1(C) shall not apply if the property owner can demonstrate that: i. An extension of the time is needed due to weather, temperature or physical limitations An extension of time may be ,ranted by the City upon application of the property owner to and %Vroval by the Director of Construction and Neighborhood Services and/or his designee ii. The Rroperiv owner or responsible party lacks the financial ability to remove the defacing_graffiti, or iii. The nronertv owner or responsible party has an active program for the removal of -affiti and has scheduled the removal of the graffiti as part of the program; however, it shall be unlawful to permit such property to remain defaced for a period of seven days after service of written notice 2. Abatement by the City upon noncompliance i. Any nroDerty owner who fails to remove graffiti within two days after receiving written notice from the City shall receive a non-traffic citation and notice to 499ear at an Adjudication Hearing for a violation of this Chapter 14 Subsection 14-32 1(C) ii. Ugon the failure of any owner or aged notified to remove graffiti the Director of Construction and Neighborhood Services is hereby authorized and empowered to pay for the removal or to order the removal by the City. upon which the City will use all powers available to recoup expenses/costs incurred by said abatement for noncompliance SECTION 2: That Chapter 1 General Provisions of the City of McHenry Municipal Code, Section 1-12 Settlement of Offenses, Sub-Section A. Payments be amended by adding the following to the table contained therein: SECTION OFFENSE COLUMN A COLUMN B 14-32.1(C) Failure to remove graffiti $50 $100 SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nuili th remainder thereof, which remainder shall remain and continue in full force and effect. e SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form(which publication is hereby authorized) as provided by law. Passed and Approved this day of , 2009. Voting Aye: Voting Nay: Not Voting: Absent: Abstain: APPROVED: Mayor (SEAL) ATTEST: City Clerk