HomeMy WebLinkAboutMinutes - 5/15/2012 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING
`. Tuesday, May 15,2012
Alderman's Conference Room, 7:00 p.m.
In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson
and Alderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin,
Construction a�id Neighborhood Services Director Schwalenberg and City Clerk Jones.
Chairman Alderman Condon called the meeting to order at 7:07 p.m.
Public Input Session
No one signed in for Public Input Session.
Discussion Regarding Non-Conforming Si�ns
Director Schw<<lenberg reiterated to the Committee that on January 17 and February 21, 2012 the
Committee discussed the impending August 7, 2013 amortization deadline for registering all
non-compliant free standing signage. Staff was directed by the Committee to investigate the
matter in order to verify that the original intent of the Ordinance was being met and present
recommendations indicating how we should move forward.
Director Schwalenberg stated that in order to obtain a better understanding of the original intent
of the Ordinance Staff reviewed the ordinance, agenda supplements and minutes, from the
Planning and Zoning Commission and City Council meetings in 2006. Once the review was
� complete, Staff consulted with the City Attorney to make certain a proper interpretation was
being made and to obtain direction on how to proceed. A comprehensive survey was conducted
regarding existing signage and the non-conforming data list was updated. Director
Schwalenberg presented the Committee with a spreadsheet reflecting each non-conforming
property, the non-conformity of each property, as well as the anticipated annual registration fee
that would be required should signage fail to be brought into compliance by August 7, 2013.
Staff believes it would be a hardship on property owners, at this time, to enforce the existing
registration deadline of August 7, 2013 and believes the Committee should consider an extension
of the amortization period for an additional two years. This extension would provide sufficient
time for a series of letters to be sent to each property owner. Director Schwalenberg indicated
the first letter would be information, stating the non-conformity, deadline, annual registration
cost and annual fee requirement that would be recorded against the property should the signage
fail to be brought into compliance by August 2015. A second letter would be sent approximately
one year prior to the deadline as a reminder to the property owner of the impending deadline and
annual registration fee.
Staff believes moving forward in this manner complies with the original intent of the Ordinance
and provides sufficient time for the property owners to comply.
Responding to an inquiry, Director Schwalenberg indicated there are approximately 75 non-
compliant signs currently located in the City.
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May 15, 2012
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A lengthy disc;ussion ensured regarding height issues and setback issues regarding signage.
Deputy City Administrator Martin opined he is concerned that one property might be C-4 and
another C-5, yet the properties could be side by side. A problem might develop if a distinction is
implied.
Chairman Alderman Condon opined that a 2-year extension is reasonable. Alderman Santi
concurred.
Motion by Santi, seconded by Peterson to direct Staff to forward the sign amendments to
full Council for direction to the Planning and Zoning Commission to conduct a Public Hearing
on the proposeci amendments.
Aye: Condon, Santi, Peterson
Nay: None.
Absent: None.
Motion carried.
Discussion Regarding West Illinois Route 120 Corridor Enhancement Initiative
Deputy City Administrator Martin infortned the Committee that following the February, 2012
Committee meeting, Staff was directed to draft an application and approval criteria for an
economic incentive program for Route 120 between Meadow Lane and Ringwood Road.
�. Deputy City Administrator Martin presented a packet created for the proposed economic
incentive program. He noted it includes an overview of the program, potential incentives and
priority projects for the area, as well as approval criteria and the application process for the
program.
When drafting the incentive program Staff considered each incentive application individually, on
a more regional total fiscal impact basis. The information required in the application would not
be universally applicable, but Staff ascertained that the more information provided by the
applicant would enable Staff to look at the total economic development impact of the project,
including additional sales and property taxes, job generation, new wealth creation, as well as
recycled wealth for the community.
Staff is seeking feedback from the Committee regarding the contents of the packet together with
direction from the Committee whether to forward the incentive program to Council for
consideration.
A brief discussion ensued. Chairman Alderman Condon opined she likes the look of the
application and the format allows the applicant to be creative in their presentation. Deputy City
Administrator Martin stated the format loosely followed the criteria of the DeKalb program.
Alderman Peterson commented that it is a nice form. Alderman Santi concurred.
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May 15, 2012
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Motion by Peterson, seconded by Santi directing Staff to forward the proposed incentive
program to full Council for consideration.
Aye: Condon, Santi, Peterson
Nay: None.
Absent: None.
Motion carried.
Discussion Re�ardin�Revisions to Home Occupation Regulations
Director Schw<<lenberg informed the Committee that the City of McHenry has regulations for
home occupatic►ns. He noted that home occupations are defined as the gainful pursuit conducted
by one or more members of a family within their place of residence. The list of permitted home
occupations is to ensure home-based businesses are ancillary to the primary residential use and
are conducted in a manner that does not adversely impact neighboring properties. The home
occupation provisions in the Zoning Ordinance have not been updated since the comprehensive
update to the Zoning Ordinance in 1986.
Staff notes that when the regulations were adopted in 1986, access to the internet was limited.
Staff believes with the continually evolving economy, advanced technology and the onset of
globalization, more homeowners are considering working out of their primary residence. The
existing Ordinance was written using detailed lists, which identify uses that can or cannot be
home occupations. The current lists are"use"oriented and become outdated quickly.
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Staff believes a more reasonable approach is to establish guidelines that are "performance"based
and focus on the impact a particular business or land use may have on adjoining properties, such
as noise or traffic. Doing so permits Staff to evaluate each home occupation on its own merit
and determine if the use is appropriate for a residential area or neighborhood.
Director Schwalenberg provided the Committee with a revised copy of Section IV A. 1 "Home
Occupations" from the City of McHenry Zoning Ordinance. Deleted sections of text are struck
through and proposed text is highlighted in bold and italicized.
Staff is seeking direction from the Committee to forward the proposed amendments to full
Council for recommendation to forward the amendments to the Planning and Zoning
Commission to conduct a Public Hearing on the proposed amendments.
A brief discussion ensued.
Motion by Santi, seconded by Peterson to direct Staff to forward the proposed
amendments regarding Section IV A. 1. "Home Occupations" to full Council for direction to the
Planning and Zoning Commission to conduct a Public Hearing on the proposed amendments.
Aye: Condon, Santi, Peterson
Nay: None.
Absent: None.
� Motion carried.
Community DE velopment Committee Meeting
May 15, 2012
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Discussion Re�ardin�Various Amendments to Zoning Ordinance
Deputy City Administrator Martin informed the Committee that Staff continues to review the
Zoning Ordinance in order to update terms and make the language more understandable and
user-friendly. In addition to home occupations and sign ordinance amendments, Staff is
proposing the f�llowing amendments to the Zoning Ordinance:
• Eliminating the requirement for legal descriptions in public notices;
• Addres:;ing the regulation of assembly uses;
• Expans-ons and alterations of conditional use permits;
• Moving the sign ordinance from Zoning Ordinance to the Municipal Code; and
• Removing the requirement of obtaining a conditional use permit for the service of
alcohol in conjunction with a restaurant.
Deputy City Aciministrator Martin briefly outlined each of the proposed amendments.
A discussion ensued regarding Staffls belief that the requirement for a conditional use permit
required in the Zoning Ordinance for restaurants serving alcoholic beverages in conjunction with
the operation of a restaurant is redundant. Staff contends that a restaurant desiring to serve
alcoholic beverages is already required to obtain a liquor license. The liquor license must be
approved by the City Council and Staff believes this requirement is not a zoning issue, as the
primary land use is a restaurant. This amendment would not include taverns or bars, as they are
`' individual land uses and service of food is typically accessory to the service of alcohol.
Alderman Santi opined he likes having the option of a Public Hearing with regard to Conditional
Use Permits, particularly for restaurants serving alcohol.
Chairman Alderman Condon suggested elimination of the Planning & Zoning Commission
participation and the Public Hearing, but still publishing. Deputy City Administrator Martin
stated that the Ordinance would have to be amended, but it could be tied to the liquor license.
Following further discussion, it was suggested that Staff confer with City Attorney McArdle and
see how surrounding municipalities are addressing this issue.
Motion by Peterson, seconded by Santi to direct Staff to forward the proposed
amendments to full Council for direction to the Planning and Zoning Commission to conduct a
Public Hearing.
Aye: Condon, Santi, Peterson
Nay: None.
Absent: None.
Motion carried.
Other Business
Chairman Alderman Condon, referencing the conversation regarding the public hearing in
connection with the liquor license, inquired whether Staff should look into the liquor licensing
`-- ordinance and legal options that might be available regarding public input and what other
Community D�;velopment Committee Meeting
May 15, 2012
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surrounding cc�mmunities are doing. Alderman Santi opined he is in favor of public input in
regard to the issuance of liquor licenses.
Alderman Santi inquired about fees for not-for-profit entities and their use of public venues. He
suggested Stafi'look into a possible percentage contribution rather than waiving all fees.
Alderman San�:i inquired about the progress of O'Reilly Auto Parts. Director Schwalenberg
stated that O'R.eilly is still in the process of hammering out details with IDOT and an opening
might be as lon g as a year away.
Deputy City Administrator Martin informed the Committee:
• He and Assistant City Administrator Hobson will be leaving for Las Vegas, Nevada for
the Shopping Center Convention.
• Staff is currently working with the Chamber of Commerce on an application for the
phone that is similar to the SweetPerks app. Chairman Alderman Condon noted that she
had a conversation with Kay Bates of the Chamber of Commerce. Ms. Bates mentioned
that she was not entirely comfortable with the fact that SweetPerks was such a new
company. Chairman Alderman Condon suggested an update from Staff regarding the
proposed app at a future meeting.
• Staff is working with someone interested in the former Border's building. Responding to
an inquiry, Deputy City Administrator Martin stated it was a thrift store that was
`-- interested in the property.
• Deputy City Administrator Martin informed the Committee that he is meeting with some
representatives of a company next week that are interested in development of the former
Walmart site.
• Deputy City Administrator Martin noted that the Planning and Zoning Commission will
be meeting to consider:
o A cleaner with on-site processing; and
o McHenry Flea Market
Chairman Alderman Condon stated the next meeting of the Community Development
Committee will be on June 19, 2012 at 7:00 p.m. in the Alderman's Conference Room. Topics
anticipated for the agenda are:
• Consideration of non-residential parking/paving requirements;
• Outside display of inerchandise; and
• Liquor license issues.
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Community D�velopment Committee Meeting
May 15, 2012
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Adi ournment
Motior. by Santi, seconded by Peterson to adjourn the meeting at 9:09 p.m.
Aye: Condon, Santi, Peterson
Nay: None.
Absent: None.
Motion carried.
Respectfully su mrtted,
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Geri Condon, Chairman
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