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HomeMy WebLinkAboutMinutes - 5/12/2014 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING Monday, May 12,2014 �-' Aldermen's Conference Room, 7:00 p.m. In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson, ��lderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin.. Chairman.�lderman Condon called the meeting to order at 7:20 pm. Public Input Session No one signed in for Public Input Session. Di�cussion on Amendments to the Landscapin�and ScreeninE Section of The Zonin�Ordinance Deputy City Administrator Martin reiterated to the Committee that following the Community Developme�nt Committee meeting of May 12, 2014, the Committee sought a more practical, objective, �neasurable and enforceable method, in terms of height and extent, in which to regulate mechanical equipment, whether it is located on the ground or on a roof. Alderman Santi arrived at 7:23 pm. Deputy City Administrator Martin stated that what he has attempted to do is utilize the same standards as are currently in force, for screening mechanical equipment, expressed as a � percentage of the height of the mechanical equipment, including any appurtenances attached, with the following amendments: Screen Required From Proposed Zoning To Existing Adjacent (Sub'ect Pro er ) Zonin 75% of height of inechanical 0-1-2, C 1-5, BP, I 1-2 E, RS 1-4, RA 1, RM 1-2 equipment 50% of height of inechanical RA-1, RM 1-2 E, RS 1-4 equipment The proposed additional table (14(a)) is for Rooftop and Ground Equipment. Deputy City Administrator Martin stated that what he did not include, but would recommend be added is that all four sides of the equipment should be screened and that the principal building could be considered as one of the sides, but that the main building would have to maintain the 3- foot access as stipulated currently in the Ordinance. These amendments are consistent with requirements outlined in the healthcare and business park district, however, in healthcare districts, rooftop equipment can extend 15 feet above the building height and in business park districts all rooftop mechanical equipment must be completely screened from all views. Because non-residential building height is a function of floor area ratio in the Zoning Ordinance, Staff is recommending mechanical equipment not exceed 10 feet above the height of the building, which is similar to a permitted obstruction in � a required yard, but is instead a permitted obstruction of airspace above the roof of a Community Development Committee Meeting May 12, 2014 Page 2 � building. By utilization of a percentage of the total height, it allows a developer options to place the equipment on the ground or the roof, but incorporates more stringent requirements for rooftop equipment due to the increased visibility from surrounding properties. Deputy Ci-y Administrator Martin informed the Committee that mechanical equipment needs__� to be defined. It is currently not defined, other than Table 19, which is permitted obstructi�i�,5� � which inc:udes air conditioning equipment. Deputy City Administrator Martin suggested-----�" taking Table 4b and turning that into a definition of inechanical equipment applicable to 14a. Deputy Ci:y Administrator Martin also suggested that the definition of height, as it pertains to newly installed landscaping should also be added. He suggested a definition of height at 10 feet above the building height, if a structure is on the roof of a building. Deputy City Administrator Martin summarized the screening of dumpster enclosures/refuse containers. Staff is proposing amendments to the Landscaping and Screening section of the Zoning Ordinance and Table 19 (detailing Accessory Uses and where they are Permitted Obstructions), which governs the location of accessory structures to address screening of dumpsters/refuse containers for properties with dwellings containing three or more dwelling units, to be consistent with the current requirements in the Municipal Code. Staff believes that, as currently written, these are adequately addressed in the Zoning Ordinance with the � proposed amendments to the Landscaping and Screening section of the Zoning Ordinance for all buildings containing three or more dwelling units and non-residential zoned property, excluding the Business Park and Health Care Districts: "All trash shall be stored within an enclosed building, or if located on the exterior site shall be screened on all sides by walls or solid fence (chain link fencing may not be utilized), that are a minimum of 6 feet in height. If a solid wall is utilized to screen the enclosure/refuse the materials of the proposed wall shall be designed of durable materials with finishes and colors which are similar to the adjacent building. Refuse shall not be visible from outside the refuse enclosure. All enclosures shall be accessible by vehicle which will be required to access the containers." Chairman ,Alderman Condon inquired whether there are regulations in effect regarding screening of residential refuse containers. City Administrator Martin stated that the current regulation for residential refuse containers state they are not to be in public view. Chairman Alderman Condon stated she thought that is the regulation. Deputy City Administrator Martin noted that screening similar to that utilized on the building is common for screening if something other than plantings and shrubbery are utilized. Staff is recommending amending Table 19 to include refuse disposal areas as permitted obstructions in required interior side and rear yards only with the following addition: � Community Development Committee Meeting May 12, 2014 Page 3 �-- "Refuse disposal areas cannot be located between the front or corner side lot line and the principal building." Staff is recommending cross-referencing Chapter 11 of the Municipal Code with Article VII LandscapiJig and Screening and Article X. Accessory Uses, Yards & Fences and vice versa. If the Corr�mittee concurs with the proposed amendments regarding screening of inechanical equipment, dumpster enclosures and other amendments, as proposed to the Landscaping and Screening accessory uses and definitions sections in the Zoning Ordinance, Staff recommen3s the amendments be forwarded to the Planning and Zoning Commission to conduct a Public Hearing. Alderman Peterson inquired about screening — citing the dumpster at his commercial condominium unit. He stated the truck pulls up, hooks up the dumpster, dumps it, returns it to its place and departs, without ever getting out of the vehicle. He wondered what is going to happen, particularly in a bad winter — when a driver has to exit a vehicle and open a gate (particularly when there is a high snow pack, as there was this winter). There is no room to open a door/gate and access a dumpster in such an instance and accessibility would have been impossible. Alderman Peterson noted that a lot of the refuse in the dumpster at his building consists of yard waste from people who pull up in trucks and cars, and utilize the space in the dumpster. Chairman Alderman Condon opined that in inclement weather, the space in front of the doors/gates of an enclosure would have to be cleared away to facilitate `,,, emptying of the dumpster. A discussion ensued regarding the practicality and the necessity of gates regarding dumpster accessibility. Deputy City Administrator Martin acknowledged that it is difficult to retrofit something like the situation at Alderman Peterson's building due to the age of the structure(s). Alderman Peterson pointed out another situation with the condominiums at Whispering Oaks concerning elderly persons having access to the dumpster facilities and having to open doors/gates in order to access the dumpster. He opined that not only would the gates/doors on dumpsters enclosures have an economic impact on the residents, but will also have a physical impact. He suggested grandfathering in older structures and reserving aesthetics for newly constructed buildings. Alderman Peterson inquired if any of the roof screening issues were considered for retrofit. Deputy City Administrator Martin responded in the negative. Alderman Peterson again opined that the dumpster screening should be compelled moving forward, but grandfathered in for current situations. Chairman Alderman Condon opined that it is her understanding it was always the intent to grandfather in the mechanical screening issues, but not the refuse. Overflowing refuse in garbage bi�is in unacceptable. Deputy City Administrator Martin opined that Staff is suggesting that the responsibility of the maintenance and screening of the receptacles should �' be a joint effort of the landlords and tenants for their mutual benefit. He stated it is a difficult Community Development Committee Meeting May 12, 2014 Page 4 `-- situation to amortize across the board because someone is going to have an issue or it is going to pose a difficulty for someone. There are challenges. A discussion ensued regarding the cost. Chairman Alderman Condon inquired what should be done. Alderman Peterson opined that the old structures should be grandfathered in and any new �tructures should have to comply with the proposed amendments. Alderman Peterson �,tated he concurs with all of Staf�s suggestions moving forward for new developments. Regarding the mechanical equipment issue Alderman Peterson stated he would hav� no issue with screening of the air-conditioning unit that would be aesthetically pleasing, i�nless the screening interfered with any maintenance required because of the current placement of the unit(s). Deputy City Administrator Martin stated that it is understood that retrofitting in some cases would be difficult, however, he inquired whether the Committee is onboard with the amendments presented moving forward. It is the consensus of the Committee that they are comfortable with the amendments suggested by Staff for construction moving forward for screening of inechanical equipment. Alderman Santi expressed concerns about someone moving into town and wanting to construct something on a rooftop that is 12 feet tall rather than the mandatory 10 feet. Chairman Alderman Condon stated that in such a case a variance would have to be requested �. before Council or the structure could be placed on the ground. Chairman Alderman Condon stated, therefore, the only remaining issue is the one concerning the screening of existing dumpsters. Deputy City Administrator Martin suggested adding some wording to the effect: "Any improvement, addition or alternation, which impacts the location of the existing refuse storage area would have to be in compliance with the new regulations." The Committee is in consensus with Deputy City Administrator Martin's suggestion. It is understood that if a hardship ever exists an applicant always has to option of approaching Council for a variance. Alderman Santi opined that it is not out of the question that the public might have some questions a�id suggestions at the Public Hearing. He also inquired whether inquiries had been made with representatives of the disposal companies regarding recommendations they might have that might make operations more efficient. Deputy City Administrator Martin assured the Committee that he would speak with someone at Waste Management, however, for any residential, three or more units, or commercial establishments anyone can choose their own waste hauler. The requirements and suggestions are likely to be different for each company. � Community Development Committee Meeting May 12, 2014 Page 5 �- Approval to Schedule a Public Hearing and Present Various Amendments to the City of McHenry Zonin�Ordinance Re�arding Landscapin� and Screening to the Plannin� and Zoning Commission Motion b}� Peterson, seconded by Santi, as presented with the addition of requiring the screening of inechanical equipment on all sides if it is on the ground, incorporating the principal Y�uilding is acceptable, however, the three foot clearance must be maintained and for dumps�:er enclosures, no amortization or retrofit for mechanical equipment or enclosures are required, however, any modification, which requires re-location of an existing refuse area must com��ly with the new Ordinance. Aye: Condon, Peterson, Santi. Nay: None. Absent: None. Motion carried. Discussion on Amendments to the Zonin Ordinance And MuniciAal Code Pertainin�to the Regulation of Medical Cannabis Cultivation Centers and Dispensaries Deputy City Administrator Martin informed the Committee that in August 2013 the State of Illinois enacted the Compassionate Use of Medical Cannabis Pilot Program Act (the "Act"), which became effective January 1, 2014. This is a pilot program scheduled to expire at the end of 2017. The proposed administrative rules governing the Act were published in the �. Illinois Register in April of this year. One public hearing on the proposed administrative rules was held on May 5, 2014 and the second will be held on May 1 l, 2014. Prior to the issuance of licenses, however, the administrative rules must be reviewed by the following departments: • Illinois Department of Agriculture; • Illinois Department of Professional Regulation; • Illinois Deparhnent of Public Health; and � Illinois Department of Revenue. Following the April 28, 2014 administrative rule publication date there is a mandatory 45- day public comment period prior to the General Assembly's Joint Committee on Administrative Rules convening their final review and ultimately publishing the final version of administrative rules. The Act pe�mits one cultivation site in each of the 22 Illinois State Police Districts, however, the Illinois Tollway System encompasses one state police district, therefore only 21 cultivation licenses would be made available statewide. Any one entity is eligible to receive up to three licenses for cultivation centers. Similarly, Dispensing Organization Districts were established statewide for up to 60 dispensary locations. McHenry County is considered a Dispensing Organization District and � Community Development Committee Meeting May 12, 2014 Page 6 `-- currently would be allocated one registration under the draft administrative rules. One entity may recei��e permits in up to five Dispensing Organization Districts throughout the state. Deputy City Administrator Martin summarized the following: • Prcposed Rules for Cultivation Centers; • Preposed Rules for Dispensaries; and • Preposed Rules for Patients and Caregivers. Practically speaking, with only 21 cultivation center licenses available and 60 for dispensing organizations, the likelihood of one or the other opening in the City of McHenry at this time is unlikely. Staff has been contacted by multiple persons seeking feedback on pursuing opening both a cultivation center and dispensary within the City limits. While this is a four- year pilot program, many believe this is the first step toward an expanded program over time. Additionally, Home Rule Authority is preempted, which means all communities must provide a reasonable opportunity for one or both of these types of facilities to locate in the City (they cannot be prohibited outright), but does not preclude the City from adopting zoning restrictions which are not overly restrictive or burdensome, similar to restrictions for adult uses or telecommunications facilities, dealing with time, place and manner-type requirements. Deputy City Administrator Martin provided the Committee with examples from surrounding municipalities of discussed and/or adopted ordinances to address these facilities. He cited the ordinances from the City of Naperville and the Village of Barrington `— as worth considering. Deputy City Administrator Martin noted that the ordinance for the City of Naperville in particular relates all their regulations to practical zoning considerations. The City of Naperville ordinance thoroughly addresses all zoning issues, while not over- regulating. Staff would also like to explore opportunities such as an additional licensing requirement or special fee/tax, whereby the City could potentially benefit financially if one or both of these types of facilities seeks to locate in the City of McHenry. The questions would have to be researched further and discussed thoroughly with the City Attorney regarding any legal issues. Staff believes, at a minimum, the City of McHenry should begin looking at the Act and the basic requirements outlined in the draft administrative rules, consider ordinances adopted by other communities, and formulate a plan moving forward, as far as crafting amendments to the Zoning Ordinance and Municipal Code, what should be included in those ordinances and what should be researched further. Deputy City Administrator Martin explained that Staff is seeking feedback from the Committee on this issue, specifically amending the City's Ordinances including the Zoning and Municipal Codes, to address regulations for dispensaries and cultivation centers that might seek to locate in the City of McHenry. Further, Staff is seeking feedback on the zoning restrictions discussed and whether the Committee would like Staff to investigate the � Communi�y Development Committee Meeting May 12, 2014 Page 7 `- possibility of requiring additional licensing or establishing a special tax and the legalities that might be involved in doing so. Responding to an inquiry from Chairman Alderman Condon, Deputy City Administrator Martin stated anyone can apply to the State of Illinois for one of the available licenses. Deputy City Administrator Martin briefly explained the process. Chairman Alderman Condon stated that it behooves the City of McHenry to have something in place nc�w and to be proactive, even if the City of McHenry is not one of the sites chosen for this area. It is in the City's best interest to have the ordinances in place should the issue develop. Alderman :Peterson likened the potential of the licenses to the local liquor license in addition to the State of Illinois liquor license requirement. He opined that the ordinance provides the City with some control. Chairman Alderman Condon inquired whether there was interest in moving forward with creating an Ordinance for the City of McHenry. Alderman Santi opined that it is necessary that the City be proactive. Chairman Alderman Condon concurred with Alderman Santi. Chairman Alderman Condon stated some regulations need to be in place and she would definitely be in favor of establishing a fee or tax. Additionally, she agreed with Deputy City Administrator Martin that all the ordinances would need to be looked at and revised to bring �, them current regarding the verbiage banning marijuana use. A brief discussion ensued regarding the needs of some persons for medical marijuana. Alderman Peterson stated that he likes the City of Naperville's ordinance and it would not be an excessive expense to the City to enact that ordinance. Responding to Alderman Santi's inquiry regarding whether the ordinance covers the distribution and the possibility of a cultivation center and dispensary, Deputy City Administrator Martin stated that the ordinance would cover everything, however, he was unable to find an ordinance that addressed adding an additional fee or tax. That would have to be added to the ordinance. It is the consensus of the Committee to direct Staff to move forward regarding Medical Marijuana (:ultivation Centers and Dispensaries, with amendments to the Zoning Ordinance and Municipal Code using the City of Naperville Ordinance as a guide and to explore with the City Attorney the possibility of a fee or tax and to bring the information back to the Committee at a later date. Next Meeting Date Chairman Alderman Condon informed the members of the committee that the next meeting of the Community Development Committee will be on Monday, June 23, 2014, at 7:00 pm in the Alderman's Conference Room. � Community Development Committee Meeting May 12, 2014 Page 8 `' Other Business Deputy City Administrator Martin informed the Committee that regarding the Unified Development Ordinance, he has spoken with Chairman Alderman Condon and regrets that he is unable to pursue the project at this time because he underestimated the amount of work that would be involved. Deputy City Administrator Martin stated he is unable to devote the amount of time required to do the project correctly at this time. He would like to postpone the project until a later date. He stated �hat currently the Ordinance requiring the most amount of work is the Subdivision Ordinance and that is the next ordinance he would like to look at revising and fine tuning. Chairman Alderman Condon informed the Committee that she and Deputy City Administrator Martin spoke of this matter last week and the time element has been a concern all along. It makes sense to pursue the project, only at a later date. Deputy City Administrator Martin informed the Committee that he and Deputy City Administrator Hobson would be going to the Las Vegas Shopping Center Convention on May 18, 2014. The City of McHenry again has a booth at the Convention. He and Deputy City Administrator Hobson will be distributing flash drives with the logo of the City of McHenry, which will contain four folders with information about the City of McHenry. Chairman Alderman Condon complimented Deputy City Administrator Martin on being creative. Deputy City Administrator Martin stated that the projection is for 30,000 to 40,000 � attendees. On June 2 s, 2014, Staff would like the Committee to review the Teardown Ordinance with Staffls recommendations for amendments. Staff would also like to look at the pros and cons of licensing and bonding contractors. Deputy City Administrator Martin stated he does not want to appear to regulate workmanship, only enforce codes. At the very least, a good neighbor brochure to educate homeowners might be objectively considered. The Planning and Zoning Commission has a meeting this week on Thursday. 302 Front Street is on the agenda regarding a battery power storage facility. The tattoo parlor on 3012 State Route 120 is also on the agenda and the Prairie Points apartment matter will be continued to June 2014,because they neglected to publish public notice on time. Deputy City Administrator Martin stated that Shoppes at the Fox is building a third outlot building. Requests for permits appear to be increasing. Aldi is planning on moving next to Petco. They have submitted their permit. Starbuck's has made a request for another location, with a drive thru. Deputy City Administrator Martin stated a site to build an apartment complex in town has been requested. Red Wing Shoes has shown some interest in a location. There is a lot of activity. � Community Development Committee Meeting May 12, 2014 Page 9 � Adiournment Motion by Peterson, seconded by Santi to adjourn the meeting at 9:00 p.m. Aye: Condon, Peterson, Santi. Na,y: None. Ab�ent: None. Motion cairied. Respectful ly submitted, �� Gen Condon, Chairman � �