HomeMy WebLinkAboutMinutes - 5/16/2006 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETIlVG
� Tuesday, May 16,2006
Aldermen's Conference Room, 7:00 p.m.
In Attendance: Committee Members: Chairman Alderman Condoq Alderman Santi,
Alderman Wimmer. Absent: None. Also in Attendance: Alderman Schaefer, Assistant City
Administrator Martin, Director of Community Development Napolitano, City Planner Zeller and
Deputy Clerk Kunzer, Landmark Commissioners Shelly Trost and Gretchen Thomas, and Walter
Taylor of 1501 North Green Street.
Chairman Alderman Condon called the meeting to order at 7:00 p.m.
Conversion of Single-Famiiv Homes to Multi-Familv Units
Director of Community Development Napolitano reported Staff had recently met with
Alderman Schaefer and two residents of Ward 3, Mr. and Mrs. Walter Tayior, who expressed
concerns regarding the conversion of single-family homes to multi-family dwellings in their
neighborhood. The 'i'aylors stated the condition of many of the converted homes has
deteriorated, particularly as so many of the property owners a.re absentee landlords. In addition,
many of the homes have far more residents than legally permitted by ordinance, and have many
vehicles, as well, which are often parked on unpaved surfaces. In response to the Taylors'
request, Staff has researched possible remedies and concluded the following four options or
combinations thereof might help alleviate the matter:
� 1. Increased prope:rty maintenance enforcement;
2. Require certificates of occupancy prior to new tenants taking occupancy;
3. Require annual inspections of rental units;
4. Take legal action against property owners who violate the ordinance by maintaining
illegally created multi-family dwellings.
Director Napolitano stated the Taylors want to preserve their neighborhood and have asked the
City to do whatever is possible to prevent further illegal conversions in the area. Director
Napolitano also stated cunent zoning regulations prahibit multi-family dweliings in the single-
family district. Conversions require City action. Staff has consistently discouraged these types of
requests.
Director Napolitano noted if an e�cisting multi-family dwelling was converted legally via City
action, the building would be subject to pre-existing non-conformity status. However, most
conversions in town have occuned illegally. It is difficult to establish if the conversion was legal
or illegal, and the date of actual conversion. Director Napolitano stated if the use is illegal, the
City can ga to court and take legal action, but it is often difficult to prove the case. �'he City
Attorney has suggested, following Staff inquiry, that the City go after all existing illegal multi-
family uses at one time. Council would have to establish a policy authorizing Staff to see�C legal
action for non-permitted use violations. Director Napolitano stated the four options previously
stated could pr�vide some remedy for the violations. However, there is no easy soiution. This is
a difficult matt�r to enforce.
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Community Deveiopment Committee Meeting
May 16, 2006
Page 2
`-- Mr. �aylor state{d Option #4 in which the City would pursue legal action seems to i�e th+e best
means of ridding the City of illegal multi-family uses. He concurred this would be difficult to
prove the date the use began and whether or not it was legal at the time. Director Napolitano
concurred stating the burden of proof would be on the City.
Mr. Taylor further stated i�e has noticed an erosion in the quality of neighborhood tena�ts. The
area has becorne more occupied by tenants than home owners. Responding to inquiries regarding
property maintenance issues, Director Napolitano stated it is a fine iine whether a property is in
violation due tc�trash and/or garbage or whether is it just messy. Mr. Taylor noted when there are
three or more families residing on one small lot,the problem of inessy premises is amplified. Mr.
Taylor stated if the property is government subsidized, there should be inspections to assure the
property remains neat and in compliance with local ordina.nces. He noted when there are so many
residents in a home, problems are compounded. He opined the City should pay for attorney fees
to take care of these problems. He suggested a multi-faceted approach utitizing two or more of
the above-referenced options might be the best way to pursue property maintenance compliance.
Alderman Santi inquired if the City has access to the names of property owners of rental
properties. Assistant Administration Martin replied the owners are typically available through the
utility biiiing data base. Alderman Santi concurred with Mr. Taylor stating Option #4 might be
the best means of pursuing compliance; however, it should be piggybacked on top of Option#1.
He suggested the City could designate certain areas of the City where violations are known to
exist to begin the neighborhood walk and increased enforcement of property maintenance.
� Alderman Santi opined the prop�ty owners should be doing some of the dirty work to bring their
property into compliance. He urged Staff to begin notifying property owners to require them to
bring properties into compliance.
Alderman Wimmer concurred with Alderman Santi. Property maintenance should be i�etter
enforced overall. The properiy owners should be alerted tha.t if they do not bring their property
into compliance, legal action could be taken. T�en, if nothing happens, the City could initiate
legal proceedings. If the City informs the property owner of violations, the City should receive a
better rate of property maintenance compliance.
Chai�man Condon concuned. She opined providing property owners with one year to bring an
existing non-conformity into compliance following notification is more than adequate. Chairman
Condon agreed using Option#1 followed by Option#4 would be her choice.
Alderman Sanr.i suggest some type of "Clean Sweep" program be implemented, using a press
release to announce the City's intent to clean up some of these illegal uses in the community.
Alderman Schaefer stated the neighbors in Mr. Taylor's area are really getting positively
involved to sec�k a remedy to the situation. This could have a good impact on cleaning up these
illegal �ses in rhe neighborhood_ He encouraged interested citizens to work with the Community
Development Department in helping to locate problem sites where violations are evident.
Alderman Sch.3efer noted the City of Harvard requires Planning and Zoning approval before
� allowing a rental to be replaced with a new tenant.
Community Development Committee Meeting
May 16, 2Q06
Page 3
`- Some discussion occuned regarding the City's ability to prevent the sale of a property if an
illegal nonconformity exists on it. Director Napolitano stated he is uncertain regarding the City's
legal standing at the point of sale.
Chaiaman Condon suggested Staff research the City's zoning regarding multi-family units,
permitting process history, and initiation of the first multi-family zoning district. Chairman
Condon also suggested area residents contact the Community Development Department
regarding specific properties which should be inspected for violations.
Alderman Wimmer cautioned Mr. Taylor to not expect a quick fix regarding the property
maintenance issue. It will be helpful to raise community awareness regarding the abundance of
converted multi-family dwellings in the City and that Staff is in the process of seeking
compliance by the owners.
Shelly Trost stated she too has noticed an erosion in the quality of life in her neighborhood.
Gretchen Thomas suggested insurance companies would like to know about properties which are
not in conformance as they might choose to cancel or not renew policies on those properties. She
also suggested frequent polite phone calls to landlords of properties in violation of City
ordinances might get results. The landlords get tired of receiving the phone calls.
Chaiiman Condon suggested Staff compile a list of potential violations, notify the appropriate
landlords, and prepare a press release advising the public of the issue and Staff s intent to bring
`, properties into compliance. She also encouraged Staff to look into legal means of enforcing this
issue. It was also suggested Staff seek violators who have more than the maximum allowed
number of residents.
Landmark Commission Pr000sed �istoric District
Planner Zeller stated the City's Landmark Commission is proposing a Historic District be created
in the City. Staff has a few concerns regarding the proposed boundary map_ 5taff be�ieves
McHenry East Campus High School and Landmark School should not be included in the Historic
District as they are governed by their own taxing district. Additionally, properiy along Front
Street should not be included as it will be addressed in the Main Street Sub-Area Plan portion of
the City's Comprehensive Plan. Several of the commercial properties along Front Street are not
in the best shape and the City might promote their redevelopment. If so, they should not be
incorporated into the Historic District. Planner Zeller stated Staff supports the Historic District
area be amended to reflect these considerations.
Pianner Zel�er stated the proposed Design Guidelines offer a good start. Sta� believes they
should be expanded to more clearly explain via graphs, diagrams, photos, and more explicit
language what ls meant in the guidelines_ She suggested Staff is willing to work with the
Commission to help finish the guidelines which will be geared to protect residential buildings in
the Historic District.
Planner Zeller�ioted requiring a Certificate of Appropriateness would add appro3cimate�y 45 days
� to permit issua�ice. As the Landmark Commission meets on a monthly basis, there should be no
Community Development Committee Meeting
May 16, 2006
Page 4
`-- hardship to the homeowners awaiting issuance of their permit. It is Sta�ffs recommendation to
revise the boundary map excluding Landmark School and McHenry High School East Campus,
as well �ss the commercial properties along Route 31. The commercial properties would be
included in the Main Street Sub-Area Plan.
Director Napolitano stated the schools should be excluded from the Historic�istrict as they are
not governed hy the City, but have their own taxing district and must follow state guidelines.
Chairman Condon concurred noted the City cannot control what the school districts decide to do
with their pro��erty. A lengthy discussion followed regarding the proposed Historic District
boundary map.
Assistant Administrator Martin stated Staff is suggesting implementing a smaller area Historic
District in hopes of achieving success with it. He noted it could later be expanded. The goai is to
initiate it without obstacles prohibiting its success at the onset.
Alderman Wimmer expressed his opinion the commercial structures along Route 31 are not of
any great significance and should not be included in the Historic District. He concurs with
including only residential structures in the Historic District.
Alderman Santi stated he is comfortable with the revised boundary of the Historic District as
indicated by Staff. He concurred with Alderman Wimmer in that the commercial property should
not be incorporated into the H'istoric District_ In the event Route 31 is widened in the future, it
� would be more expeditious to have it excluded from the District. Discussion continued rega.rding
the District's proposed boundary. Landmark Commissioner Thomas requested the inclusion of
the two residences on Waukegan Road east of McHenry High Ease Campus.
Discussio� co�tinued regarding the proposed Historic District Guidelines. Chairman �Condon
stated Staff would provide input and clarification in the preparation of the Guidelines. Landmark
Com�nissioner �'rost inquired where the proposed Guidelines were deficient_ City Planner Zeller
responded Staff would provide more clarity, graphs, descriptions and photos as well as more
detailed language to make the document user friendly.
Br�ef discussion occuned regarding how the resale of Historic District properties could be
impacted following implementation of the District. Director Napolitano noted a Certificate of
Economic Hardship could be available to those needing it for structure remedy or modification.
Assistant Administrator Martin stated both the Certificate of Hardship and Certificate of
Appropriateness would be presented to City Council for consideration and approval.
Chairman Condon noteci the Committee appeared to be comfortable in recom�nending Staff
define the Histflric District map boundary including only residential properties in the area and
exc�uding comrnerciai and school district properties. Staff will bring the revised map back to
Committee for further consideration and discussion at its July meeting.
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Community��veiopment Committee Meeting
May 16, 2006
Page 5
`--� Wireless Communication Facilities
Planner Zeller noted the City cannot prevent the installation of wireless communication facilities;
however, the ��ity can put restriction on where and how they are located on a property,
particularly in c+rder to make them more aesthetically acceptable to the community.
Staff has revie�vs possible language for Zoning Ordinance amendments which could regulate the
installation of a wireless communication facility on existing structures, as well as the installation
of such facilities on new structures_ Installation on an e�sting structure would be a permitted
use, while installation on a new structure (tower) would be a conditional use requiring Public
Hearing before the Planning and Zoning Commission.
Planner Zeller stated Staff believes the proposed text amendment addresses all potential issues
which may come up regarding the permitted and conditional uses and restrictions that are
applicable.
Chairman Condon noted if the Committee approves the proposed Te� Amendment, a
recommendation to send the matter to Council for direction should be forthcoming.
IVio#ion by Santi, secondad by Wimmer, to ac.cept Staffs recommendation to present the
proposed text amendments of the Zoning Ordinance regarding permitted and conditional use
permit requests for wireless communication facilities to Council for consideration and direction.
Voting Aye: Santi, Wimmer, Condon.
`,, Voting Nay: None.
Absent: None.
Motion carried.
Main Street Sub-Area Plan
Planner Zeller noted Staff realizes the Main Street Area is in need of help to spur its
redevelopment and revitaiization. In light of the commuter station, reta.il, office and high density
residential proposed for the area, Staff thought it appropriate to compile and present a Main
Street Sub-Area Plan for inclusion in the City's Comprehensive Plan. Sta�' has devised three
proposed boundary maps for the Sub-Area Plan:
A. reflects the Main Stre�boundary depicted in the Downtown Recievelopment Plan;
B. reflects the area adjacent to Route 31 and e�ends west to the Crystal Lake Road
bou�dary, from the north including the Borden Street area south to the Library;
C. reflects a very small area from Crystal Lake Road, to Elm Street east to west side of
Walgreen's parking lot, south to rear of Mitchell Buick, to Mill Street.
Planner Zeller stated when this area begins to be redeveloped, it is possible it could turn into a
TIF District as well.
Director Napolitano stated the impetus behind the creation of this Sub-Area is the train station's
status. There �s great potential for redevelopment within this Area. Several intense uses are
located in this Area which could ultimately be relacated as this Area is redeveloped.
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Community Development Committee Meeting
May 16, 2006
Page 6
�-- Alderman Wimmer concurred with Director Napolitano and Planner Zeller stating the proposed
Sub-Area is blighted.
Assistant Administrator Martin noted Exhibit B is probably the best Area to target for the Sub-
Area as it covers a.rea both east and west of Route 31. It is important the City have a plan in place
as this a.rea is considered to be redeveloped., particularly if a TIF District is created to help this
area.
Chairman Condon stated the goal of redevelopment for this area fits into the City's
Comprehensive Plan. It is wise to have the redevelopment plan for this area more clearly defined
and the boundary delineated. Alderman Wimmer stated if this area becomes a TIF District, the
area should be relatively small.
Alderman Santi inquired if the Sub-Area is a zoning designation. Director Napolitano responded
the Sub-Area is a vision of this area for the future. The Plan does not change the zoning on the
prop�ties contained in it. 'I'i�e Main Street Sub-Area if approved would be incflrporated into the
City's Comprehensive Plan as a vision for the future developmentlredevelopment of the area.
Chairman Condon suggested there are several historic structures in the Main Street area which
should be addressed. Assistant Administrator Martin stated the City is not looking to determine
legal zoning boundaries, but planning boundaries for planning purposes. This type of future
planning does not hurt or impede Historical Districts.
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Lengthy discussion followed regarding establishing the proposed boundary for the Main �treet
Sub-Area Plan. Staff was directed to return to the July Committee meeting with a more accurate,
clearly defined boundary.
Other Business
Planner Zeller distributed to the Committee proposed text revisions to Chapters 1 and 2 of the
Comprehensive Plan. The Committee was asked to review and express their comments and/or
concerns for input at the July meeting.
Ms. Trost. Staied the Historic District encompassing only residences could tend to turn the tide
so that buildings are restored to their initial historical significance.
Chairman Condon noted the following matters are being considered for future Committee
agendas:
1. Regulatior�of vending carts;
2. Bed and breakfast establishments;
3_ Cotrtinued revisions to text of Comprehensive Plan;
4. Main Street Sub-Area Plan;
5. Convertiion of singl�family to multi-family structures;
6. Carnival workers-requiring background checks;
7. Historic District.
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Community Development Committee Meeting
May 16, 2006
Page 7
�'' Adiournment
Motion by Santi, seconded by Wimmer, to adjourn the meeting at 9:05 p.m.
Aye: Condoq Santi, Wimmer.
Nay: None.
Absent: None.
Motion carried
Respectfully submitted,
,�� � ��
Geri A. Condon, Chairman
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