HomeMy WebLinkAboutMinutes - 5/11/2015 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING
Wednesday, May 13, 2015
�-- Aldermen's Conference Room, 7:00 p.m.
In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson,
Alderman Santi. Absent: None. Also in Attendance: City Administrator Morefield, and
Deputy Clerk Marci Geraghty.
Chairman Alderman Condon called the meeting to order at 7:00 PM.
Public Input Session
None.
Review of Existin� Fence Ordinance and Recommended Updates
City Administrator Morefield relayed the difficulties staff is experiencing enfarcing sections
of the city's fence regulations. The committee's input and recommendations are sought to
resolve some of these issues and direction to proceed with a formal update to Municipal
Code Article XI (Fences) incorporating recommendations of the committee.
Corner Side Yards: Currently, fencing of any style up to 6-feet in height is permitted in the
corner side yard as long as the fence is placed a minimum of 15-feet from the property line.
Staff is recommending an amendment to allow any style fence up to 6-feet in height to be
placed in the corner side yard with a minimum 5-foot setback from the property line. The
`.. committee concurred and recommended staff should be sure to inspect the area for possible
line of site issues prior to issuing a permit.
Required Front Yards: Currently, split rail fences with an overall height not to exceed 42-
inches in the required front yard are permitted. From time to time residents request
permission to install other types of open-style fencing. Staff is recommending an amendment
to permit split rail, picket and wrought iron style fencing in the required front yard with a
minimum opacity of 50% to maintain visibility; and, increasing the overall height to 48-
inches to allow the fencing to be used as an approved barrier for swimming pools. The
committee concurred with allowing the recommended types of open-style fencing with a
minimum opacity of 50%, with no change to the maximum overall height requirement of 42-
inches.
Double Fronta e Lots: Currently, the ordinance does not allow wrought iron style or chain
link fencing in required front yard of the lot frontage that does not have driveway access to
the street; properties along Dartmoor Drive, McCullom Lake Road, and Crystal Lake Road
are examples. Staff recommends allowing chain link and wrought iron style fencing in these
locations and the committee concurred.
Non-Residential Properties: Currently, city ordinance requires all chain link fencing installed
with knuckle side (twisted portion at the top of the fence) facing up. Non-residential
property owners usually use fencing for security purposes and in many cases place barbed
� wire along the top. Staff is recommending removing the knuckle side up requirement for
non-residentia] fencing over 6-feet in height so the "bars" of the fence can face upward.
Chain link fencing under 6-feet in height and all residential chain link fencing would still
require the "knuckle" side of the fence to face upward. Also, staff is recommending an
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May 11,2015
Page 2
� amendment to permit barbed wire supporting arms to face outwards as long as it is over 6-
feet in height and no part of the arm or barbed wire shall extend beyond the property line.
The committee concurred.
Invisible Fences. Invisible style dog fencing is becoming more popular and many residents
have installed invisible fencing around their homes. Currently, there are no provisions in the
code to allow or prevent its use. Occasionally, the wire used for this type of fencing is found
in the city right-of-way or installed through a culvert pipe located in drainage ditches.
Residents ��valking and unaware of a home with an invisible fence are startled by dogs
running to�vards them. Staff asked the committee for direction on possibly regulating this
type of fertcing and what type of limitations should be placed on the installation. The
committee agreed invisible fencing should be setback from the property line. The committee
directed staff to research other communities and schedule this topic for discussion at a future
committee�neeting.
Update on Adoption of McHenry Countv Stormwater Management Ordinance, and
Request to Schedule a Joint Meetin� with the Public Works Committee
City Administrator Morefield stated the McHenry County Board adopted an amendment to
the Stormwater Management Ordinance on November 18, 2014 and because the city is
certified by McHenry County to issue permits and enforce the provisions of the SWO, the
City Council must adopt the new ordinance by December 1, 2015.
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As regulatic�n of the SWO overlaps between Community Development and Public Works, it
would be beneficial to schedule a workshop with members of the Community Development
and Public Works Committees to review and discuss the new amendments prior to
consideration by the City Council. The committee concurred and directed staff to schedule
the workshop for a date this summer.
Update on Amortization of Non-Conformin� Si�ns and Request for Committee
Recommendation for Further Action
City Administrator Morefield noted the non-conformity provisions in the city's sign
ordinance w ere approved in 2006. Property owners with non-conforming signs had until
August 7, 2013 to bring their signs up to the new standards ar pay an annual permit fee:
Freestanding commercial < 15"high $400
Freestanding commercial sign > $800
Freestanding/Billboard offsite sign $1500
Portable signs $200
In October 2012, the City Council approved the Community Development Committee's
recommendation for a two-year extension of the amortization period to August 7, 2015. In
� 2012, the committee and council also included provisions whereby staff would send two
letters to all impacted property owners, the first of which was sent in 2013. Staff also
recorded with the county a Memorandum of Recording against all impacted properties to
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May 11,2015
Page 3
�, ensure compliance should the property be sold to a new owner. The second letter was mailed
in 2014 alerting nonconforming property owners of the impending deadline.
When letters were sent to property owners in 2013 and 2014 staff did receive some calls,
many inquiring about their options:
1) Eliminate the nonconformity(height, size and/or setback);
2) Obtain a variance; or
3) Pay the annual re-inspection fee beginning in August 2015 as
identified in the ordinance.
As the August 2015 deadline approaches, staff has recently received feedback from several
property owners expressing concerns about the deadline. To that end, staff wants to ensure
that the committee and council are aware of the approaching deadline, possible legal
implications, and procedures that will be utilized to enforce the regulations.
Staff recommended the following action for the committee's consideration:
• Present updated information to the committee at its June 22°d meeting including
ider�tifying the property owners that have complied with the regulations.
• Idelitify the sign variances that have been granted by the Council since 2006.
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• Infc�rmation on property owners who have to date not complied with the ordinance.
• Updated legal opinion from the City Attorney outlining legal issues associated with
non-conformity regulations including the legality of amortization and legal opinions
and court cases since original passage of the ordinance in 2006.
• Information on other communities that have enacted similar provisions.
• Process moving forward to enforce the regulations as written.
• Send letters to all remaining impacted property owners inviting them to the June CDC
meeting.
Alderman Condon expressed concern about property owners who have complied with the
new regulations noting when the regulations were originally enacted, site lines and reduced
setbacks caused by road improvements were taken into consideration.
Alderman Peterson requested a list of non-conforming signs and added when the ordinance
was amended in 2006 aesthetics were also taken into consideration.
Alderman Santi concurred with the committee's statements and said he would consider
� another extension to the deadline.
Community D�velopment Committee Meeting
May 11,2015
Page 4
� The committee directed staff to place this topic on the June CDC meeting agenda and to
provide a list of property owners with non-conforming signs who have and have not
complied to the committee prior to the meeting in June.
Next Meeting Date
The next meeting of the Community Development Committee is Monday, June 22°d at 7:00
PM in the f�lderman's Conference Room.
Other Business
• Ald��rman Santi asked if La Hacienda restaurant on Front Street was still open for
business. City Administrator Morefield answered yes; although the building is for
sale the restaurant is still operating. Alderman Santi asked if the cellular phone
business in the Riverplace development closed for business and Administrator
Morefield answered yes. Also, Monaco's on West Route 120 is closed for business
and the property will be sold soon to the owner of the Town Club on Riverside Drive
who intends to open a bar/restaurant.
• City Administrator Morefield informed the committee:
� MTFPD and McHenry Police Department are working on development of an
� Intergovernmental Agreement to coordinate business inspections.
• The Community & Economic Development Department is inundated with roof
permits. The department performed 40 inspections today and more are scheduled.
Many of the roofing companies are not state licensed making the inspection process
difficult.
Adiournment
With no further business to discuss, Alderman Peterson made a motion, seconded by
Alderman Santi to adjourn the meeting.
Aye: Condon, Peterson, Santi
Nay: None
Abstaining: None
Not Voting: None
Absent: None
Motion carried.
Respectfully submitted,
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Geri Condon, Chairman