HomeMy WebLinkAboutMinutes - 2/28/2001 - Community Development Committee � Alderman Andrew"Andy" Glab
2/28/O1
Community Development Committee:
In the past several months there have been several discussions on the Crystal Lake
Road Study, especially the access road from the high school to Oakwood Dr. At one
committee meeting John Lobaito made the contention that the school district only needed
to come in and apply for a permit to gain access to Oakwood.
In the past several years there have been numerous expansions by District 15 as
well as a new administration building by District 156. Staff has reviewed the plans and
issued building permits for all proposals.
Contentions by our administrator are that the schools are a separate governing
body regulated by the State School Board and that the City has very little to say in terms
of what they propose to do. If this were true,the City is being held hostage by the
schools to do as they please and throw the responsibility of impact to the City to deal
with(ie. Discussion with a School Board Member- traffic impact is the City's problem
and needs to solve it).
However, having thoroughly reviewed our zoning ordinances. I have come across
�-- the fact that educational facilities fall into a conditional use category which needs City
Council approval before any building permits aze issued (see attached copies). These
zoning laws were approved in 1986 and amended in 1988 under the guidance of Bill
Busse as Mayor and were ratified by the City Council with aye votes by both Alderman
Bolger and McClatchey.
I feel these zoning laws have not been followed in the recent expansions of
neither District 15 nor 156. I feel these oversights need to be corrected immediately and
at this time I would ask the Committee Chair to:
1. Direct the City Administrator and the Director of Community Development to
instruc� staff that all building permits need prior Council approval and to flag
all files as such.
2. Schedule a meeting to discuss these ordinances as soon as possible.
3. Invite a representative of both school districts to the meeting to filter down
communication as well as help coordinate the best case scenario on how to
better coordinate the process.
Respect y,
� Andrew"Andy" Glab
� 9-14-88
� GROUP B: CONU����Nl�'=�SES IN ALL RESIDENTIAL OISTRICTS
� 1 . Cemeteri es
2. Cond itional Pub]ic Uses, as defi ned herei n
+ 3, " Ed3�a�f-o�na1 i nst.i.tu�i-ons, as defi ned herei n
4. Golf courses and country clubs (MC-88-457 d eleted "private")
S. Hospitals, clinics, nursing and group homes, mental health cer�ters
6. Philanthropic and charitable institutions, as defined herein
7. Planned Unit Developments
8. Religious institutions. as defined herein
9. Accessory uses, buildings, and structures to all Conditional Uses in
the district, including off-street parking ard loading and signs as
provided in Sections VII ard IX.
GROUP C: PERMITTED USES IN RA AND RM RESIDENTIAL OISTRICTS
In unit groupings of 6 or fewer dwelling units:
1 . Singie-family attached dwellings as defined herein
2, Townhouses as defined herein.
GROUP D: PERMITTED USES ONLY IN RM RESIDENTIAI DISTRICTS
`.. 1 , Multiple-family dwellings as defined herein
-- 2, Two-fami ly dwel l i ngs that are not townhouses as defi ned herei n.
GROUP E: CONDITIONAL USES ONLY IN RM RESIDENTIAL DISTRICTS
1 . Mobi 1 e home parks as d ef i ned herei n
2. Mobile home subdivisions as defined herein.
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-96-
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XIY. CONDITIONAL USES
A. PURPOSE
Certain uses cannot be alloaab�-e- generaily in a particular zoninq Aistrict,
or in any zoning district, because of -the im a t�h�'rr special ��ba�a�er
cre�e�on--surroundinq areas.
Some such Gses may, however, be allowed under special conditions. These
uses are provided for in this �rdinance as Conditional Uses.
Because a Condltional Use is compatible wit-�-LGhe �a�ppl--icable zoning��distritt
anly�- under special conditions, a Conditional Use Permit is requir2d hefore
any use authorized herein as a Conditianal Use may be established.
Except as specifically provi�ied herein, all regulations of the applicable
zoning di strict, and al l other appl icabl e regul ations of this and other
City or�linances, shall anply to Conditional Uses.
B. APPROVAL PROCESS �
� Conditional Uses shal l be approved onl y i n conformance with the Approval
Process provided in the Filing Procedures section of this Ordinance and the
Approval Criteria in Table 31 .
C. EXISTING SPECIAL USES
Conditional Uses as provided herein shall be considered the same as Special
Uses provided under state statute. Lawful Special Uses qranted to a
property prior to the effecti ve date of thi s Ordi nance shal l be considered
1 awful Conditional Uses �ithout the need for approval of a Conditional Use
Permit hereunder, wfiether or not such Special Use i•s authorized as a
Conditional Use in the appiicable zoning district herein. '�Ihere such a Use
is a Permitted Use in the applicable district, Conditional Use status shall
not be applicablP.
A►ry expansion of, ad�iition to, or structural alteration of such a Use
shall , hawever, require the approval of a Conditional tise Permit.
D. REYIEW OF CONDIT.IONAL USES
In evaluating the suitabil ity of a proposed Con�iitional Use, the Zoninq
Roard and City Council shall examine the following characteristics of the
proposed use and its irriividual structures or components:
' �.
1 . Lo�ation and orientation
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2. Lot size
3. Size of facility , including floor area, structure neight, design
capacity , and anticipated employment
4. Site d esign and arrangement
5. Provisions affecting on- ar�d off-site pedestrian arb traffic
movemer�t , vehicle storage, and the passage of emergency vehicles
6. Appearance
7. Screeni ng or 1 and scapi ng
S. On- or off-site buffering from incompatible uses with open
spaces or transitianal uses
9. Operations factors, such as hours of use or environmental
cor�trol s
1�. Other characteristics of the proposed use pertinent in the
judgment of the Board or Council to an assessment of the impact
of�the use on the area.
The Board or the Council may call upon technical experts or have
studies performed to determine specific development standards or
conditions for any particuiar Conditional Use with the expense thereof
to be paid by the applicant.
E. ISSUANCE OF PERMIT � .
�" The Zoni ng Admi ni strator shal l i ssue a Cond itional Use Permit af�y
-- �,�-ova �thereof by the City Council unless the City Council directs
otherwise. Such Permit shall specify any cocditions, restrictions, ard
time 1 imits to which the Counci 1 has made its approval subject.
F. REYOCATION OF PERMIT
A Conditional Use Permit may be revoked by the City Council :
a. if any conditions or restrictions are not complied with within
the time 1 imit specified on the Permit
b. if after they are initially complied with, compiiance with such
conditions or restrictions i s not maintained at any time
c. if the Conditional Use is not established , or a required
Building Permit is not obtained and building started , within one
year of the date the Permit i s i ssued
d . if the Conditional Use shall cease for more than one year.
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G. EXPRNSION OR ALTERATIBN
Any expansion, enlarge�aerrt or strt�tural alteration of a Eond�itivnai Use
shaal require an Additional Conditional Use Permit. ?n all cases, the
appl ication for such Additional Use Permit shal l be addressed to the City
Council , which may grant such application without any hearing or action by
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the Zoning Board of Appeals or may refer such application to the Zoning
Board of Appeals for public hearing and action thereon pursuant to the
requireme�rts of this ordinance as in the case of an application for
Conditional Use Permit. (MC-88-459)
Table 31 : Approval Criteria for Conditional Uses
In recomnending approval or conditional approval of a Conditional Use, the
Zoning Board shall transmit to the City Council written findings of fact
that on the basis of the characteristtcs cited under Review of Corxiitional
Uses herein, or changes to such characteristics that the Board recomnends,
the proposed use will be com�a�ible Nith existing uses in the area, and with
Permitted Uses in the zoning district, in the ways specified below. The
Counci 1 shal 1 not be bound by t he recortmend at i on of t he Zoni ng Board.
. Nowever, in grar�ting approval or conditional approval , the City Council
shail find that the proposed use will be compatible with such uses in the
f oi 1 owi ng way s:
1 . Traffic
_ Any adverse impact of types or vol.tmies of traffic flow not otfierwise
� typicai i n the zoni ng d i strict has--been mi rtimfized .
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2. Environmer�tal Nuisance
Any adverse effects of noise, glare, odor, dust, waste disposai ,
bl ockage of 1 i ght or ai r, or other adverse envi ronmerrtal effects af a
type or degree not characteristic of Permitted Uses in the zoning
district, have been appropriately corrtrolled.
3. Neighborhood Character
The proposed use will fit hanaoniously with the existing natural or
marf-made-c'haracter of its surrou�dings, and with Permitted Uses in the
zoning district. The use wili � have undue deleterious effect on
the environmeirtal quality, property values, or ne#�hbor�oai_ character_
already���existing in the area or normally associated witti Permitted
Uses in the district.
4. Publ ic Services and Faci 1 itf es
The proposed use will not require existing comnunity facilities or
— � services to a degree disproportionate to that normally expecte� of
Permitted Uses in the district, nor generate disproportionate demand
for new services or facilities, in such a way as to place uMue
burdens upon existing development in the area.
3-29-91
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5. Public Safety and Health
The proposed use wi 11 not be detri�eirtal'��ta � the� -safety or heal th of
the employees, patrons, or visitors associated with the use nor of the
ger�e�^al public in��the vicinity.
6. Other Factors
The proposed use is in har�tony with- ail other elements of
caopatibtlttp��pertireRt to -tfie �condltional use and its part�cular
location. (t�-91-5531
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