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HomeMy WebLinkAboutMinutes - 5/18/2010 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING `— Tuesday, May 18, 2010 Aldermen'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 City Clerk Jones. Also in Attendance: Detective John Adams, McHenry Police Department Public Input Session No one signed in to speak at the Public Input Session. Discussion Re�ardin� Rental Pronerties Deputy City Administrator Martin reiterated to the Committee that during 2006 the Community Development c;ommittee had several discussions regarding rental units, annual inspections on rental units, property maintenance and the conversion of single-family homes to multi-family dwellings, some illegally. At the time the Committee was in support of development of a database of property owners who have rental units. A Rental Property Registration form was created and Staff was going to send the form to all known property owners/landlords beginning in 2007. For some reason the program never materialized. Deputy City Administrator Martin informed the Committee that recently he has been in contact � with the Community Development Director for the Village of Glendale Heights. He noted that the Village of Glendale Heights is unique in that they coordinate their "Crime Free Rental Program," modeled after the Mesa, Arizona Police Department, through their Community Development Department. The City of McHenry recently implemented a program similar to the Crime Free Rental Program through the McHenry Police Department. Deputy City Administrator Martin shared the following insights, obtained from Glendale Heights: • A full-time "Housing/Rental Officer" currently oversees both the Crime Free Landlord Training Program and Code Enforcement. The Housing Rental Officer is assisted in administrative/office related activities by the front office technician. • The process is quite time consuming • Glendale Heights has found the program to be very successful in: o Bringing property(s) up to code o Reducing re-occurring code violation issues in rental housing units o Reducing overcrowding o Reducing neighbor complaints o Reducing crime • Landlords have complained about the fee ($200 per single family) and about bringing their properties up to code, but are discovering that following the initial cycle, their tenants are happier and their property(s) are looking and functioning better — translating to higher rent potential. � Community D�,velopment Committee Meeting May 18, 2010 Page 2 � • Evi�tion procedures have been successful with the worst of the tenants and the pro,<,Tram has quieted down some additional problem households. • Fin�iing all rental properties does present a problem. The Water Billing personnel assist. They "flag" a property when an application is received for utility service and the owner's address is different from the service address. • The Community Development Department works closely with the Police Department and realtors, who provide them with information regarding new rental listings. Additionally, I)eputy City Administrator Martin informed the Committee that he had received information fr��m the Village of Palatine and the Village of Schaumburg. He noted the information received from the Village of Palatine virtually mirrors that of the Village of Glendale Heig}its. However, the Village of Palatine has sufficient resources to employ two full- time inspectors, one field director and a clerical staff dedicated solely to their rental program. The Village of Palatine's program includes detailed exterior and interior inspections and complete inspections of approximately 25% of all multi-family units annually. Their program also functions in conjunction with the Police Department, with implementation of a crime free housing program. The Village of Schaumburg issues annual rental licenses but does not have the resources to conduct annual inspections or systematic inspections of the interior of units. They conduct their inspections on a complaint basis. The Village of Schaumburg also participates in the crime free housing program. �' Deputy City Administrator Martin and Detective Adams concurred that the inspection of rental units and enforcement has a long range, good affect on the community, which includes addressing certain safety issues. Detective Adams informed the Committee that he has met with the Chief and Deputy Chiefs in the Police Department regarding expanding the crime free multi-housing program and initiating a 3-year plan. Property owners have indicated they are pleased with initiation of the program and are willing to assist. Detective Adams noted that of the correspondence he typically sends out, he normally receives five out of six returns. Responding to an inquiry from Chairman Alderman Condon regarding whether it is legal for the Community Development Department and the Police Department to share information, Detective Adams assured that all the information shared is public knowledge and could be obtained with a Freedom of Information request. Responding to an inquiry from Alderman Peterson, Detective Adams advised the Committee that approximately��ne-quarter of the property in the City is rental property. Detective Ada�ns informed the Committee about a computer program that is available for approximately $400, which would enable information to be shared between the Police Department an�i the Community Development Department. When asked if information would have to be re-iTiput should such a program be purchased, Detective Adams stated that it is his �- understanding that the program is Excel compatible. Community Dc;velopment Committee Meeting May 18, 2010 Page 3 `" Chairman Aldc�rman Condon expressed appreciation to Detective Adams for taking the time to come and shar�; his knowledge and information with the Committee. Deputy City Administrator Martin noted that the program is currently limited due to funding issues; however, the Police Department an�i the Community Development Department are working together on the proj ect. Discussion Re�ardinE Drive-In Establishments Deputy City A�iministrator Martin informed the Committee that currently drive-in establishments within the City of McHenry require a conditional use in C-2, Neighborhood Commercial Districts and higher numbered commercial districts, C-3, C-4 and C-5. A Drive-In Establishment is defined as follows: "An establishment at which patrons may be served without leaving their motor vehicle. Any restaurant, bank, dry-cleaning establishment, or other business having drive-up or curb service facility shall be considered a drive-in establishment." Deputy City Administrator Martin stated that the sign section of the City's zoning ordinance permits one menu board sign, with a maximum size of 32 square feet in area and eight feet in height. In addition, menu board signs are permitted in side and rear yards only. The parking and loading section of the zoning ordinance requires five stacking spaces per drive-in window. Deputy City Administrator Martin noted that the most recent request reviewed by the Council �- was for McDonald's and their new contemporary store which will be constructed on Route 120 following demolition of the existing store. The Council approved McDonald's drive-in, which includes two lanes and two ordering boards. The two lanes merge into one lane leading up to the pick-up window. He noted that drive-in establishments usually require a conditional use permit. Staff made the following suggestions regarding how the City's current regulations for drive-in establishments could be altered or enhanced based upon information obtained from surrounding municipalities: • Minimum spacing requirement between the order window/box and the nearest residentially-zoned property; • A solid fence or wall and landscaping requirement between any property with a drive- in/through facility and any adjoining residentially-zoned property to screen headlight glare from vehicles; • Number of stacking spaced required, typically between five and up to eight for restaurants; • No stacking space shall block any right-of-way or common driveway aisle; • An escape or some type of by-pass lane is required; • Limiting hours of drive-in/through facilities, particularly those adjacent to residentially- zoned properties; this would typically exclude automatic teller machines (ATMs); • Vehicle stacking area must be isolated from parking and any means of circulation by means of a landscape medium; �' • All exterior lighting must be inwardly directed; Community D�;velopment Committee Meeting May 18, 2010 Page 4 `" • Limiting access cuts to public roadways; • Requiring access to adjoining sites via an internal connection; • Drive-i��/through cannot face or be visible from public roadway; • Special'conditional use permit required; • Allowe�3 by special use in office research districts and light industrial districts; • Requiring five stacking spaces for financial institutions, pharmacies, cleaners, etc, but requirir g eight stacking spaces for restaurant use. Following a �rief discussion on each topic it was determined by the Committee that the following were unnecessary or had already been addressed: � A solid fence ar wall and landscaping requirement between any property with a drive- in/through facility and any adjoining residentially-zoned property to screen headlight glare from vehicles; and • All exteriar lighting shall be inwardly directed. Following a brief discussion it was determined by the Committee that the following should be added to the list: • A minimum required turning radius for vehicles. � Deputy City Administrator Martin stated that while the Zoning Ordinance could be amended to include any of these modifications, a drive-in establishment already requires a conditional use permit, which by definition allows any conditions to be imposed to mitigate any potential adverse impacts the use may have. Staff cautioned that each drive-in facility in today's society is unique. If an ordinance is amended based on a particular situation the ordinance has the potential to become an enforcement issue with other situations in the future. However, it was noted that being aware of additional considerations and conditions, which could potentially be placed on individual drive- in conditional use permits is beneficial. Responding to an inquiry from Chairman Alderman Condon regarding whether Staff could provide an applicant with recommendations or guidelines in a "handout" format, Deputy City Administrator Martin stated that a handout could be prepared with suggestions for existing buildings and new construction. Chairman Alderman Condon opined she would rather see suggestions and recommendations made to an appl icant rather than changing the ordinance. Deputy City Administrator Martin assured the Committee that he would prepare a form and handout for applicants, along with a disclaimer, and submit it for review at a future meeting of the Community Development Committee. � Community D�,velopment Committee Meeting May 18, 2010 Page 5 � Discussion Regarding Temporary Uses Deputy City ,�dministrator Martin informed the Committee that the current temporary use provisions in tlie City's zoning ordinance permit temporary uses of land in any zoning district by the issuance of a temporary use permit by the zoning administrator. He noted that there are provisions incl uded about filing an application, review and also specific conditions for certain types of temporary uses such as: • Carniv��ls and circuses; • Outside display and sale of landscaping materials; • Sale of Christmas trees; • Temporary roadside display; • Sale of produce or other merchandise; • Downtawn or shopping center sidewalk sales; and � Trailers for temporary storage of inerchandise. Deputy City Administrator Martin stated historically in the City implementation and enforcement of temporary uses has been somewhat inconsistent. Several years ago temporary use requests began coming to Council for consideration of approval, approval with conditions or denial. However, other temporary uses were and are currently issued administratively, such as: • Christmas tree lot sales; • Sale of landscaping material; and • Temporary use permits to allow the use of trailers for temporary storage of inerchandise � (commonly used by retailers during the holiday season). Staff has recently been dealing with the issue of temporary uses for events being held at churches and hotels (i.e.; renting out space for outside garage sales and use of hotel space for collectible displays and sales). Staff is seeking clarification regarding temporary use so that regulations can be enforced consistently. Staff suggested that there be two categories. The first category of temporary uses would allow the zoning administrator, City staff, to issue a permit administratively without specific Council authorization and the second category of temporary uses would require Council consideration and authorizati on. Determination regarding which process would be used would be based primarily on ttie temporary use requested as it relates to the zoning of the property and the principal use of�the property on which it is proposed. Deputy City Administrator Martin noted that currently, 120-days is the maximum time period permitted for any temporary use listed in the City's zoning ordinance. Temporary use permits are a function c�f zoning and land use; therefore the criteria on which their issuance is based and the process by which they are considered should be consistent with zoning law and procedures. Chairman Alderman Condon opined that perhaps the ordinance should be amended so all temporary uses go through Council. She stated that Staff should not be put in a position of making a determination regarding a temporary use. � Community D�velopment Committee Meeting May 18, 2010 Page 6 `"' Alderman Santi suggested temporary uses be brought to Council, but Staff should make a determination whether the item is on the Consent Agenda or a separate agenda item. Deputy City Administrator Martin suggested that Staff prepare a more detailed application in order to provide Council with additional information regarding the request. He suggested addressing sigiiage issues on the application. Following a t�rief discussion, Chairman Alderman Condon requested Staff prepare a new application for temporary use, to include signage. The revised application is to be brought back before the Community Development Committee for review at a future meeting. Other Business Responding to an inquiry from Chairman Alderman Condon regarding the status of the adjudication process, Deputy City Administrator Martin informed the Committee that it has been determined that Harry Semrow be given the opportunity to perform under the new guidelines. He indicated that the first hearing would take place in July and that Deputy Clerk Kunzer is currently preparing the required forms. Chairman Alderman Condon noted that it was her understanding that an attorney who was familiar with the process would be handling the adjudication. Deputy City Administrator Martin provided the Committee with information regarding the updated Marketing Packets. � Deputy City Administrator Martin informed the Committee that McDonald's is looking at a third location in the City, the site which formerly housed the LaSalle Bank. If they proceed they would more than likely demolish the building. Deputy City Administrator Martin informed the Committee that the owner of Tommy's, who owns the property adjacent to Warsaw Inn, is contemplating a new location for his restaurant and would include storage units at the rear of the property. Deputy City Aciministrator Martin informed the Committee of the following: • TJ Maxx has been issued their building permit; • Chipotle Grille will be finished soon; and • Goodwi ll Industries is contemplating opening a store in a portion of the former Dominick's structure. Chairman Alderman Condon announced that the next meeting of the Community Development Committee will take place on Tuesday, June 22, 2010 at 7:00 p.m. in the Aldermen's Conference Room. Some of the topics for consideration are: • Discussion regarding amending the Nuisance Ordinance; • Discussion regarding Historic Banner designs; • Discussion regarding Way Finding signs; • Discussion regarding an amendment to the Sign Ordinance regarding temporary signs. � Community De�velopment Committee Meeting May 18, 2010 Page 7 `'' Alderman San�i inquired about the status of the derelict property at Woodlawn and Rosedale. Deputy City .�dministrator Martin stated that the matter is being addressed through the Administrative Adjudication process. He assured the Committee that he would provide an update in the F�-iday Report. Adiournment Motion by Santi, seconded by Peterson to adjourn the meeting at 8:50 p.m. Voting Aye: Condon, Santi. Peterson Voting 'Vay: None. Absent: None. Motion carried. Respectfully s�bmitted, �� � �� '_; �'� Geri Condon, Chairman � .,`.