HomeMy WebLinkAboutMinutes - 6/26/2012 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING
� Tuesday,June 26,2012
Alderman's Conference Room, 7:00 p.m.
In Attendancc�: Committee Members: Chairman Alderman Condon, Alderman Peterson
and Alderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin,
and Secretary 'JVolf.
Chairman Aldc:rman Condon called the meeting to order at 7:05 p.m.
Public Inuut Session
No one signed in for Public Input Session.
Discussion Re�arding Requirement for Conditional Use Permit for Serving Alcohol in
Coniunction with the Operation of a Restaurant
Deputy City Administrator Martin stated staff proposed a zoning ordinance amendment
eliminating the requirement of obtaining a conditional use permit for restaurants serving
alcoholic beverages at the May 15 Committee meeting. Staff believes the requirement for a
conditional use permit in this situation is unnecessary and redundant. A restaurant desiring to
serve alcoholic beverages is already required to obtain a liquor license. The liquor license must
be approved by City Council and staff believes this is not a zoning issue, as the primary land use
is a restaurant.
Deputy City Administrator Martin researched requirements in other communities and found that
� Crystal Lake, Prairie Grove, Lake in the Hills, Algonquin, and Woodstock do not require any
special proceedings for restaurants serving alcoholic beverages outside of the processes in place
for obtaining a liquor license. Staff consulted with Attorney McArdle, who stated he knew of no
other community which requires public hearings when reviewing liquor licenses. Further he did
not recommend requiring a public hearing at the City Council level when considering a liquor
license.
Alderman Santi asked if a conditional use permit would still be required for restaurants desiring
to have live entertainment and/or outside seating. A discussion ensued. Deputy City
Administrator Martin replied the change being proposed is only for restaurants desiring to serve
alcohol; restaiirants requesting outside seating or live entertainment would still be required to
obtain a conditional or temporary use permit.
Chairman Alderman Condon opined it does not seem to make sense to require restaurants
desiring to serve alcoholic beverages to go through a zoning hearing when their applications are
already reviewed by the Mayor and have to go before full City Council in order to obtain a liquor
license. The public will still have the ability to comment regarding the service of alcohol at a
City Council meeting. Eliminating this requirement makes the City more business friendly.
Motion by Santi, seconded by Peterson directing Staff to recommend the elimination of the
requirement of obtaining a conditional use permit for a restaurant seeking to serve alcoholic
beverages to the full City Council for consideration.
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Community Df�velopment Committee Meeting
June 26, 2012
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Aye: Condon, Santi, Peterson
Nay: None.
Absent: None.
Motion carried,
Discussion ltegarding Establishin�Guidelines for the Outdoor Disalav of Merchandise
Deputy City Administrator Martin informed the Committee a need exists for businesses to use
sidewalks for retail displays in certain pedestrian-oriented areas of the City. This allows an
opportunity for businesses to display a small sampling of the product they offer in their store,
outside. By allowing outside display it can encourage an environment supporting stronger retail
sales and tax base for the City. Staff realizes the presence of retail displays on sidewalks or in
public right-of-ways may impede pedestrian traffic or in some cases become unsightly. In order
to address these issues, staff is proposing the following regulations be considered so the general
health, safety and welfare of the residents and businesses are maintained:
H. OPERATIONS WITHIN ENCLOSED BUILDINGS
All business, service, storage, merchandise display, and, where permitted, repair and
processing shall be conducted wholly within enclosed buildings except for off-street
parking, off-street loading, and for open sales lots or outside storage where these uses
are permitted, with the exception of outdoor retail disp/ays in compliance with the
following conditions:
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Disnlav of inerchandise
The intent of this section is to provide appropriate locations for outdoor display of
merchandise, while minimizing adverse impacts on adjacent properties. Any person who owns
or operates a retail business that has a storefront that opens directly onto a street or public
way, shall be permitted to display product which is part of the regular inventory of the
business. The disp[ay shall be limited to the area directly in front of such business, (including
vending machines,such as soda pop, "Red Box"movies,propane cylinder cages, etc.)
provided:
a. A permit is obtained from the City of McHenry, Construction and Neighborhood
Services,prior to the display of product.
b. Outside display is limited to properties that are permitted to have retail sales as listed
in the City's Zoning Ordinance, and(retail)legal non-conforming properties in
existence prior to the date of this ordinance, only.
c. Display is only permitted during hours the business is open and accessible to the
public. At all other times the product shall be stored inside the building.
d. Approved ingress and egress to and from a building must be maintained as required
by the City's currently adopted building code.
e. Public and private sidewalks shall not be reduced to a clear usable width of less than
48-inches.
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June 26, 2012
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f. A minimum of four feet of horizontal dearance must be maintained between any
display and, trees, landscaping, utility poles,sign poles,fire hydrants,shelters and
other similar devices or structures.
g. Display shall not be permitted to be to be placed in parking stalls, drive aisles, alley,
streets or roads.
h. Pedestrian and motor vehicle vision clearance must not be b/ocked at intersections,
driveways, doors and signage. Note! Product being displayed is not permitted to be
located within two feet of the latch side of any door.
i. Alcoholic beverages, tobacco,�rearms, munitions, adult oriented items, or any other
article or product that a minor(as defined by Federal,State, or local ordinance)is
prohibited from purchasing by law,sha►1 not be permitted outside the building.
j. McHenry County Health Department approval must be obtained prior to placing
anythinq that can be eaten, consumed or ingested, outside the building.
k. The use of signage,pennants, banners,flags(other than American)lighting, electric
amplification or noise making devices shall not be used to attract attention to the
disp/ay.
l. The display is placed on an approved surface such as concrete, asphalt or paver bricks.
m. The display will not be permitted to be anchored or secured to the ground, trees, signs,
fire hydrants, or buildings.
n. All products shall be kept flush or parallel, with the face of the building where the
� retail business is located and in no case shall the area used for the display exceed the
following dimensions:
a. 20-percent of the width of the tenant frontage of the building as defined in the
City's Zoning Ordinance.
b. Exceed six feet in height measured from the sidewalk surface.
c. ee placed more than six feet from the face of the building.
o. All sales and transfer of product shall take place inside the building where normal
retail transactions occur.
p. Outside display shall only be allowed when weather conditions are favorable for this
use.
q. The display shall be kept neat and orderly at all times.
r. The area shall remain free from trash and debris at all times
The display shall be immediately removed by the business owner any time the City
Administrator or his designee, determines a clear sidewalk is needed because of traffic, street
cleaning, maintenance, utility work, crowd control,parade, emergency, or violation of any of
the above listed conditions.
Discussion ensued regarding clarification of some of language, such as the included items may
not all be items that are usually or always located inside (i.e. Red Box, propane, mulch). It was
agreed the language "or private way" needed to be added to the regulations in the sentence "Any
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person who owns or operates a retail business that has a storefront that opens directly onto a
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June 26, 2012
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street or public way" and that language needed to be changed to reflect items such as Red Box
movies that are sold by third parties and wholly contained and ancillary to the business and may
be left outside at all times. Deputy City Administrator Martin stated the definition of space
allowed for oi�tside display is linear space in regard to a percentage of the frontage of the
building. The�e regulations are meant for smaller item product display, not for full product
outside display� such as the garden center at Home Depot.
Further discussion ensued regarding the time period permits would be valid since this would be a
new procedure. Alderman Santi liked the percentage of building frontage idea for the amount of
space and product displayed but opined he was not in favor of leaving open-ended permit
expirations since there may be a lot of exceptions to the regulations and guidelines that come up
and will need to be addressed. Chairman Alderman Condon opined as long as the regulations
and guidelines were being followed she did not feel a time restriction on the permits would be
necessary and treating the permits as temporary permits would impose an undue burden on Staff
as well as the applicant. Chairman Alderman Condon was in favor of issuing the permits for the
life of the business but bringing all the permits up for review at the committee level in one year
to discuss any issues that may need to be resolved. In the meantime, regulations and policy
would be monitored on a complaint-generated basis and permits could still be revoked if
regulations are not being followed during the review period. Deputy City Administrator Martin
also stated fines could be imposed and violations could be brought to adjudication if a business
consistently ignores the regulations and policies in place.
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Alderman Peterson stated allowing businesses to have some outdoor display of inerchandise is a
good idea and it appears the process of determining what items are allowed or not allowed to be
displayed for the majority of items would be determined simply by going through the permit
review process. He opined allowing this use through permits will help make our downtown
districts look more fun. He is also in favor of issuing the permits with a higher one-time fee and
making them valid for the life of the business rather than having a yearly renewal of the permits.
He agreed all the permits issued should be reviewed in one year at committee level.
Permit fees and whether or not a deposit should be required was discussed. Temporary use or
sign permit fees are normally $30 with a $30 deposit which is returned when the applicant calls
for a final inspection at the expiration of the permit. It was suggested to charge a flat fee of$50
with no deposit and issue the permits for the length of time a business is in operation. Deputy
City Administrator Martin reminded the Aldermen when a business changes hands or a new
business moves in, they are required to have a walk-through inspection with the building
department. The new business owner would go through a review process and be informed of
regulations at that time.
Chairman Alderman Condon opined the Committee members all like this idea and have similar
concerns but what is at issue is the process that will be used to regulate the permits. It was
suggested to move forward and invite businesses to comment and get Chamber of Commerce
involvement in the matter.
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Community D evelopment Committee Meeting
June 26, 2012
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Motion by Peterson, seconded by Condon directing Staff to present amendments regarding
guidelines est:iblished for the outdoor display of inerchandise to the full City Council for
consideration �nd recommendation to forward to Planning and Zoning for public hearing as
presented with corrections, as discussed.
Aye: Condon, Peterson
Nay: Santi.
Absent: None.
Motion carried.
Discussion Re�arding Proposed Amendments and Revisions to the Municipal Code, Zonin�
and Subdivision Control Ordinances regardin�Drivewav and Parking Lot Paving
Currently, guidelines for the design and installation of driveways and parking lots can be found
in the City's Municipal Code, Subdivision Control Ordinance and Zoning Ordinance. Deputy
City Administrator Martin stated staff reviewed the existing driveway, paving and parking lot
requirements at the request of the Community Development Committee and is now asking the
Committee to consider the following in regard to updating and consolidating all the driveway
and parking lot requirements into one code:
• Remove all specification based requirements such as pavement type, thickness and
testing requirements from the Zoning Ordinance and relocate them to the Subdivision
`-- Control Ordinance;
� Add the following definitions to the Subdivision Control ordinance: Approach,
Driveway, Driveway Apron, Flare, Parkway and, Parking lot;
• Provide guidelines for the design, testing and inspection of pavement for non-
residential and multi-family driveways and parking lots;
• Update the requirements for the expansion of residential driveways; and
• Change all references to Director of Public Works to City Administrator or their
designee.
Deputy City Administrator Martin further stated it has been approximately eight years since the
driveway and pavement requirements have been reviewed and updated. The driveway and
pavement requirements are specification based and need to be located in the Subdivision Control
Ordinance and Technical Specifications manual which is better suited for this purpose.
Incorporating the proposed changes will make the process of finding driveway rules and
regulations easier for everyone. Relocating the requirements also relieves property owners of the
expense of going through the Planning and Zoning Commission should a variance be sought for
violation of technical specifications.
Staff also identified several amendments that are needed to clarify and address difficulties
enforcing the driveway and parking lot requirements in the past. These include:
• Changing references from Director of Public Works to City Administrator or their
`— designee;
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June 26, 2012
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• Pa:;sing a proof-roll inspection on all multi-family and non-residential driveways and
parking lots; and
• Cl�rification on layout for the expansion of existing driveways.
A brief discussion ensued regarding how to address modifying language describing the type of
material required for driveways and driveway extensions so it is not as restrictive as it is
presently written. The Committee all agreed there needs to be further discussion, but it is a very
good idea to move the requirements to the Subdivision Control Ordinance and to remove some
of the technical language and generally clarify the entire process.
Motion by Peterson, seconded by Condon to direct Staff to forward the proposed
amendments and revisions regarding driveway and parking lot paving to full Council for
consideration.
Aye: Condon, Santi, Peterson
Nay: None.
Absent: None.
Motion carried.
Other Business
Deputy City Administrator Martin, referencing conversation regarding sales tax paid by vendors
at flea markets and flea market regulations at a City Council meeting, explained there is a
� limited verification process that can be pursued through the Illinois Department of Revenue but it
only verifies businesses or locations within our corporate city limits. After a brief discussion,
Chairman Alderman Condon directed staff to do further research and provide information from
other communities regarding regulation of flea markets.
Chairman Alderman Condon inquired about the regulations in place for dumpsters and garbage
cans. Deputy (;ity Administrator Martin responded that garbage cans must be kept out of plain
view under present regulations and violations are addressed through a nuisance ordinance.
Alderman Santi inquired about fees for not-for-profit entities and their use of public venues.
Deputy City Administrator Martin responded the inquiry has been brought to the attention of
City Administrator Morefield and he will address it.
Deputy City Administrator Martin informed the Committee:
• He is meeting with a gentleman at the Shah Center regarding their small business
development program. This may be a good partnering resource for the City and residents
to integrate their services with the City's economic development efforts.
• Staff is currently looking at the feasibility of an outlot building in front of PETCO.
Responding to an inquiry, Deputy Administrator Martin stated Hallmark may be
interested in this location.
• There is a Chamber of Commerce mixer Friday from 11:30 a.m. to 1:00 p.m. at River
Place.
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Community L�evelopment Committee Meeting
June 26, 2012
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� Deput.� City Administrator Martin noted that the Planning and Zoning Commission will
be mec;ting to consider:
o A request by the Village Squire for outside seating; and
o Tommy's Transfer Station request for a car wash on Front Street.
Chairman Alderman Condon stated the next meeting of the Community Development
Committee will be on August 21, 2012 at 7:00 p.m. in the Alderman's Conference Room.
Topics anticipated for the agenda are:
• Consideration of flea market regulations.
Adiournment
Motion by Santi, seconded by Peterson to adjourn the meeting at 8:22 p.m.
Aye: Condon, Santi, Peterson
Nay: None.
Absent: None.
Motion carried.
Respectfully submitted,
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� Geri Condon, Chairman
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