HomeMy WebLinkAboutMinutes - 10/23/2007 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING
� Tuesday, October 23, 2007
Aldermen's Conference Room, 7:00 p.m.
In Attendance: Committee Members: Chairman Alderman Condon, Alderman Santi and
Alderman Wirr mer. Absent: None. Also in Attendance: Deputy City Administrator Martin,
Director of Cornmunity Development Napolitano and City Clerk Jones.
Chairman Alderman Condon called the meeting to order at 7:00 p.m.
Review of Zoning Code-Nonconformities
Director of Co nmunity Development Napolitano reiterated to the Committee that at the August
meeting the C<�mmittee discussed Article XVII of the Zoning Ordinance, Nonconforming Uses.
He noted the purpose of nonconforming use regulations is to allow the continuation, under
certain circumstances, and provide for the ultimate elimination of nonconforming uses. At the
August meetirig the Committee discussed amending the current language to address the
following:
• Elimination of Design Nonconformities. Rather than address three types of
nonconformities, as in the current language, all nonconformities could be addressed
through the use and standards nonconformity language;
• Changes In or Discontinuance of Activity. The current language requires that the
Council make the determination as to whether or not the elimination of a nonconformity
is physically or economically feasible. Instead of involving the Council, Staff should
� make the determination; and
• Administration. The current language requires that a Certificate of Occupancy be issued
for the continuation of all nonconformities. The City has not done this and the language
should be changed to reflect this.
Director Napolitano informed the Committee that the language regarding nonconformities has
been revised in an effort to make it easier to understand.
Chairman Alderman Condon stated the new language looks fine. Alderman Wimmer concurred.
Alderman Santi indicated he was comfortable with the changes.
Motion by Santi, seconded by Wimmer, to recommend the proposed changes to Article XVII,
Nonconforming Uses be presented to full Council for direction to schedule a public hearing
before the Planning and Zoning Commission.
Aye: Condon, Santi, Wimmer.
Nay: None.
Absent: None.
Motion carried.
Discussion Re�arding Shoqaing Center Inventory
Director Napolitano stated on several occasions the Committee members have discussed the mix
of retail/service uses within shopping centers throughout the City. Concerns have been
� expressed that every neighborhood-oriented shopping center recently built has very similar uses.
Community Development Committee Meeting
October 23, 2007
Page 2
`- In an effort to ascertain the types of uses currently existing in shopping centers throughout the
City, Staff, put in significant effort and conducted an inventory of every shopping center having
three or more tf�nant spaces.
As a result of the inventory Staff has ascertained that overall 61% of the uses in existing
shopping centers can be categorized as service uses with the remaining 39% being retail.
Restaurants at 16% and personal services at 11% make up the largest service uses. Banks and
dry cleaners each account for 4%of the total number of uses.
Director Napolitano noted that Staff did not calculate the square footage devoted to retail and
services uses. Staff estimated that the square footage of retail uses are 80% of the total.
While the City clearly has its share of service uses, Staff does not believe this to be unique to
McHenry. While reviewing the mix within existing shopping centers it appears that the larger
shopping centers have more retail uses while the smaller neighborhood-oriented centers have
more service uses. Additionally, some of the older centers have transitioned from being retail-
oriented in the beginning to more service-dominated as they age. They have lost national tenants
to newer centers and are more likely to have locally-owned businesses that tend to be less
financially stable.
Director Napolitano opined that Staff does not believe the existing number of service uses
requires the City to enact specific limitations. However, the City should be proactive and
�., attempt to attract new and unique retailers that complement existing uses and provide goods that
the City does not currently have. Additionally, Staff intends to make an effort to become better
educated at identifying markets and determining reasonable service areas for different types of
uses.
Chairman Alderman Condon stated it is good that the survey was conducted. She encouraged
Staff to remain cognizant of the retail to service ratio. Chairman Alderman Condon opined she
believes the information will be valuable in reviewing and updating the Comprehensive Plan.
Responding to an inquiry from Alderman Santi regarding open spaces, Director Napolitano
indicated there was less open space in the City than he would have thought. Director Napolitano
stated there were no vacancies in the outlots near Kohl's Department Store.
Responding to an inquiry from the Committee, Director Napolitano stated that demographic
information is available to any interested parties and the accumulated information has been
provided to administration for addition to the City's website.
Director Napolitano informed the Committee that it is Staf�s intention to update the information
annually. Adciitionally, Director Napolitano noted that in the next City newsletter Staff is asking
residents what businesses they are interested in seeing in the City.
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Community Development Committee Meeting
October 23, 2007
Page 3
`-' Discussion Regarding Clothing Boges
Director Napol-tano reiterated to the Committee that in June of 2007, U'SAgain approached the
City with a request to install clothing collection boxes on commercial sites throughout the City.
The collection boxes are 7' x 3 '/z' x 3 '/z' in size and each can hold approximately 400 pounds of
clothing and shoes. The boxes are placed at commercial sites, with prior written consent of the
property owner. A licensed contactor is employed to maintain and empty the boxes, anywhere
from one to seven times per week.
In June, Council expressed concerns about allowing the collection boxes, specifically the
appearance and impact these boxes might have on donations to area non-profit organizations,
which collect the same type of items. Council suggested the Community Development
Committee loek at the issues associated with these boxes, develop guidelines and make a
determination.
It has been determined that the City can either allow these collection boxes or prohibit them.
Director Napolitano indicated that from Staff's perspective the benefits to allowing these boxes
are:
• Residents have an option for donating old shoes and clothing;
• There is less impact on landfills and the environment; and
• Less fortunate individuals have access to the discarded shoes and clothing.
The downside, from Sta.�s perspective is:
� • Making certain the boxes are maintained and do not become gathering places for trash.
Staff suggests that if the Committee chooses to permit the collection boxes throughout the City,
the following guidelines should be considered:
• Limit the number of collection boxes on a site (i.e., no more than two);
• Collection boxes shall not block vehicular or pedestrian ways and shall not impact sight
lines;
• Boxes shall not be located in, or result in, the loss of any parking spaces;
• Limit the number of locations in the City where the boxes can be displayed;
• Require proof of written consent from the commercial property owner;
• Require regular pick-up, to ensure that overflow or unauthorized materials do not
accumulate outside of collection boxes;
• A pre-detertnined fine shall be assessed if boxes are not regularly maintained;
• Require boxes to be anchored to the ground and maintained in a neat and orderly manner;
• Lids/doors shall close automatically after items are deposited;
• A list of acceptable items shall be clearly indicated on the box;
• Boxes shall have reflectors attached so vehicles do not run into them;
• Provisie�ns for the removal of the boxes and restoration of the site axe needed;
• All contact information shall be provided to the City; and
• A deposit of$100 per box hall be required to ensure that the clothing boxes are removed
when tP�e use terminates.
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Community Development Committee Meeting
October 23, 2007
Page 4
`— Director Napolitano stated that from an enforcement standpoint, prohibiting these boxes would
have the least impact on Staff. The most difficult aspect to monitor would be the accumulation
of items outsid� the boxes. Staff does not have the personnel to inspect these sites on a regular
basis to make sure the sites are property maintained. Therefore, Staff would have to wait for a
complaint to be lodged or rely on an inspector who is passing by. Based upon visual inspections
of collection boxes in other areas, Staff recommends these boxes be prohibited.
Responding to Chairman Alderman Condon's inquiry regarding surrounding communities,
Director Napolitano stated that Richmond allows these boxes but is unaware of their regulations
regarding maintenance. Additionally, Director Napolitano indicated he is aware of the box
situated in front of the Sears store within the City limits and at the bait shop near pon's Dairy
Frost. He assured the Committee that if the Committee determined not to permit the collection
boxes the owners of will be informed that removal is required.
Chairman Alderman Condon opined she does not want to see Staff burdened with maintenance
of the sites and supports prohibition of the collection boxes. Alderman Wimmer concurred with
Chairman Alderman Condon, opining that maintenance is a nightmare. A brief discussion
ensued.
Motion by Wimmer, seconded by Santi, to prohibit collection boxes in the City of McHenry:
Aye: Condon, Santi, Wimmer.
Nay: None.
\.. Absent: None.
Motion carried.
Review of Zonin�Code, Outside Seating
Director Napolitano informed the Committee that currently the City requires all establishments
having outdoor seating to obtain a Conditional Use Permit. Staff has observed that more and
more stores appear to be setting out tables and chairs for patrons' use.
Director Napolitano stated that for the most part, the outside tables and chairs have little impact
and pose no problems. As a result, Staff suggests it might be appropriate to review and discuss
the current regulations relating to outdoor seating. Staff believes there is a clear distinction
between outdoor seating areas that have table service and those that do not. Director Napolitano
presented examples such as: Vicki's Restaurant, which provides outside seating with outside
service versus Starbuck's or Dunkin' Donuts. He noted that restaurants with table service tend to
have more permanent outdoor facilities with fixed seating outdoor seating areas, whereas
restaurants without outdoor table service have informal spaces with tables and chairs that are
easily set up and removed as the season changes.
Staff is recom nending an amendment to the Zoning Ordinance to distinguish between the
different uses. Restaurants that choose to have outdoor seating, where patrons are served
outdoors would be required to obtain a Conditional Use Permit. Those that do not serve patrons
in an outdoor ;>eating area would not. Staff would continue to have the ability to review all
� outdoor seating areas to address potential impacts, but businesses such as coffee shops, fast food
Community Development Committee Meeting
October 23, 20�)7
Page 5
L— stores and ice rream shops would not be burdened with the cost of obtaining a Conditional Use
Permit.
Director Napol�tano informed the Committee that in order to change the language of the Zoning
Ordinance a Piiblic Hearing before the Planning and Zoning Commission is required. Upon a
positive recommendation from the Commission, an Ordinance would be brought before Council
for final approval.
Responding to an inquiry from Chairman Alderman Condon, Director Napolitano informed the
Committee that the one-time fee for a Conditional Use Permit is $950, which tends to be a
burden to the sinaller business owner. A brief discussion ensued.
Motion by Wiinmer, seconded by Santi, to direct Staff to bring the proposed changes to full
Council for direction regarding the scheduling of a Public Hearing before the Planning and
Zoning Commission.
Aye: Condon, Santi, Wimmer.
Nay: None.
Absent: None.
Motion carried.
Director's Reaort
Director Napolitano informed the Committee that he has spoken with the owner of Conscious
�. Cup, a coffee establishment, who has expressed an interest in opening a facility in McHenry.
Director Napolitano informed the Committee that a micro brewing establishment is looking at a
possible site in McHenry. He indicated he would keep the Committee apprised of discussions.
Director Napolitano announced that he had met with the architect of the property where the
Citgo gas station at Route 120 and Ramble Road exists. The owners of the property have
indicated an interest in leveling the buildings on the property and building a new gas station at
the site.
Director Napolitano informed the Committee that he spoke with John Colomer, the owner of the
property located at Pearl Street and Route 31. Mr. Colomer expressed an interest in constructing
upscale townhomes on the property and he was seeking some incentives from the City. Director
Napolitano explained to Mr, Colomer that the property is not in the TIF district and that no
incentives were available from the City.
Director Napolitano informed the Committee that he has been approached by an interested party
who is looking into opening a Starbucks Coffee and bank facility on properties where the former
Justen Funeral Home was located in conjunction with the vacant lot next door.
Deputy City Administrator Martin announced that he has spoken with a party that has expressed
interest in the J��ey T's site.
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Community Development Committee Meeting
October 23, 2007
Page 6
�-- Responding to an inquiry from Chairman Alderman Condon regarding the progress of Olive
Garden Restaurant, Director Napolitano informed the Committee that no plans have been
submitted. He assured the Committee he would call regarding status of the project. Director
Napolitano opined he thought perhaps the delay was motivated by the current economy.
Responding to an inquiry from Chairman Alderman Condon regarding the status of Target,
Director Napolitano informed the Committee that when he last spoke with the representatives of
Target sketches were being revised. He indicated he would call regarding status.
Director Napolitano informed the Committee that the Old Navy store is opening this coming
Thursday and Shoe Carnival has requested their permit.
New Business
Alderman VVimmer informed the Committee of a report regarding a vicious dog in the vicinity of
McHenry Shores. He suggested an article in the City newsletter might be opportune.
Chairman Alderman Condon stated the next meeting of the Community Development
Committee would be on Tuesday, November 27, 2007 at 7:00 p.m. in the Aldermen's
Conference Room. She indicated some of the topics on the Agenda would be:
• Main Street Subarea;
• Solicitor's Ordinances; and
• Dog Ordinance
�
Director Napolitano suggested the Committee additionally consider possible goals and objectives
for 2008.
Adiournment
Motion by Santi, seconded by Wimmer, to adjourn the meeting at 7:53 p.m.
Aye: Condon, Santi, Wimmer.
Nay: None.
Absent: None.
Motion carried.
Respectfull� su mitted,
�
Geri Condon, Chairman
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