Building & Zoning Committee

“Where People Count” Community Development 1000 Civic Center Drive, Niles, Illinois 60714 Mayor Telephone (847) 588-8040 ● Fax (847) 588-8050 ● TDD (847) 588-8059 Robert M. Callero Trustees April 5, 2012 Chris Hanusiak James T. Hynes Joe LoVerde Building and Zoning Committee Meeting 8:00 a.m. Rosemary R. Palicki Louella B. Preston In Attendance: Andrew Przybylo Robert M. Callero – Mayor Steve Vinezeano – Assistant Village Manager Village Manager Joe Annunzio – Village Attorney George R. Van Geem Andrew Przybylo – Village Trustee Village Clerk Tom Kanelos – Planning & Zoning Committee Marlene J. Victorine Chuck Ostman – Community Development Director ______________ Rich Wlodarski – Community Development Assistant Director Mary Ann Starzynski - Recording Community Development Absent: George Van Geem – Village Manager Director Charles Ostman Meeting was called to order at 8:00 by Andrew Przybylo. Approval of Minutes: A motion was made by Andrew Przybylo for the minutes of the January 19, 2012, meeting to be approved. This was seconded by Joe Annunzio. All were in favor. Mayor Callero did make one correction to the January 19, 2012 minutes that 5031 C should be changed to read 501 (c ) (3) for donation boxes. All agreed. Items to discuss and review proposed ordinance language: Zoning text amendments: First item discussed - New Language for Donation Boxes: REGULATIONS REGARDING COLLECTION BINS FOR DONATED ITEMS. (A) Definition of collection bins for donated items: "Collection bins for donated items" or "bin" shall be defined as any bin, box or container used for the collection of toys, clothes or other donated items, to be donated to an organization recognized as a Section 501(c)(3) tax exempt status as identified by the IRS. (B) Regulations regarding outdoor collection bins for donated items. (1) Collection bins shall be www.vniles.com  A collection bin that is in poor condition or in a state of disrepair, or which clothes or other donated items are permitted to accumulate outside of the bin or containing items as a result of a failure to empty the bin pursuant to a scheduled removal, is hereby declared to be a public nuisance. Collection bins for donated items placed inside of a building shall comply with the following requirements: This was discussed and agreed to remove “placed inside of a building” as this pertains to inside and outside collection bins. (1) The name, address, and phone number of the contact person of the organization using the bin shall be posted on the rear of the bin; and (2) A statement indicating the scheduled times for removal of the contents of the bin shall be posted on the rear of the bin, and the owner/operator of the bin shall cause all contents of the bin to be removed at his own cost and expense in compliance with the schedule. The removal shall be of such frequency to prevent the overflow and accumulation of donated items outside of the bin; and (3) The bin shall not be placed in such a fashion that it blocks or impedes ingress or egress from the building in which it is placed; and (4) Any organization placing a bin outside of a building must receive written permission of the property owner of the building; and (5) The owner/operator of the bin shall maintain the bin in good condition and repair; and (6) The bin must be of sufficient size to prevent any overflow or accumulation of clothes or other donated items outside of the collection bin; and (7) No property owner within the village shall install, maintain, or allow to be installed or maintained, any bin upon their property in violation of any village ordinance or regulation. (8) The bin shall not be placed within a required front or corner side yard. Bins shall not be placed in such a manner as to cause a sight obstruction for pedestrians or motorists. (9) Only one donation box shall be permitted per lot or per shopping center, whichever is more restrictive. This was discussed as Andrew Przybylo stated it would be a problem for places such as Our Lady of Ransom. There are boxes for clothing and boxes for books at the same locations. After discussion it was agreed that the wording should be changed to “NO MORE THAN TWO (2) DONATION BOXES….. (10) No bin shall be placed so as to constitute a nuisance to another property or the occupants thereof. (11) Any bin abutting residential shall be screen with fencing and landscaping. (12) The bin shall not be placed within a required parking space. This was discussed as follows: Tom Kanelos felt the word required should be removed. Chuck Ostman said that parking is always a concern, a small lot and all of a sudden these would take up a parking space. Chuck stated that if a business has more than the required parking spaces \\Picard\Users\CD\mas\Building and Zoning Committee Meeting Minutes 2009 -2011\ALL PDF of Meetings 2009 - 2012\PDF of each 2012 meeting minutes -\packet for B&Z 04 05 2012 mtg\April 5 2012 minutes.doc  per zoning code it would not be a problem. Andrew Przybylo suggested it read bins will not be placed except in surplus parking space. Mayor Callero felt the original wording was appropriate. Andrew Przybylo stated if placed in a parking space that space shall only be surplus parking. Joe Annunzio stated a more exact wording would not be surplus but a space in an area that goes beyond the required parking requirement per zoning code. Chuck Ostman stated REQUIRED BY ZONING CODE will be added. Andrew Przybylo asked where these changes go. Chuck Ostman responded in the Zoning Code or some other place within the ordinances. Joe Annunzio responded probably someplace else. Chuck Ostman responded then it doesn’t have to go to the Plan Commission just to the Village Board. Joe Annunzio stated it is really not a zoning question. (D) Removal of collection bins for donated items. Any collection bin for donated items not in compliance with village ordinances and regulations may be removed by a designee of the Director of Community Development at the expense of the owner or operator of the bin. Nothing herein shall be construed to prohibit a property owner from disposing of any collection bin for donated items which was installed upon their property without the permission of the property owner. Next item discussed: SPECIAL USE- CHANGE OF CHARACTER The proposed amendment addresses the concern of a special use that due to change of ownership or remodeling changes the charactership of the current use and could have a negative impact on the surrounding area for the same reasons that a special use was granted or was identified in the zoning code. SECTION XI. - ADMINISTRATION ***************** Section XI. - Administration. ************** (H) Special uses. (5) Conditions. The plan commission may recommend and the village board may provide such conditions and restrictions upon the construction, location, and operation of a special use, including, but not limited to, location of point of vehicular ingress and egress, off-street parking and loading, and building setbacks, as may be deemed necessary to promote the general objectives of this ordinance, and to minimize any injury to the value of property in the neighborhood. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of the permit for such special use. If a special use is discontinued for a period of 180 days or longer or remodeling occurs that substantially changes the characteristics of the current use, such special use shall become null and void; and any subsequent reinstatement of the special use shall require a new special use permit. \\Picard\Users\CD\mas\Building and Zoning Committee Meeting Minutes 2009 -2011\ALL PDF of Meetings 2009 - 2012\PDF of each 2012 meeting minutes -\packet for B&Z 04 05 2012 mtg\April 5 2012 minutes.doc Chuck Ostman stated this is not a big rush item to find the correct language but the question is can significant changes be enforced. Joe Annunzio stated wording is a problem. Chuck Ostman stated Playbook has changed hands so many times and never gone before review for special use. Joe Annunzio stated that he has done some research on this and that Playbook is really indicative of a much larger problem that there is in terms of zoning. Playbook itself there has not been a zoning special use since 1984. So that means that since 1984 the place has been changing hands slowly evolving into something else, still remaining within the giant category of restaurant, but slowly evolving over the years without an opportunity for the public to truly air the issues that might be created by a place like Playbook. The problem that occurs because of the way the zoning code is written one day you have a family restaurant and the next day you have a sports bar and dance establishment at night. Completely different character. All proper all done by code but cutting out the opportunity to have the zoning board take a look at the special use to see if it still meets the criteria and not giving the citizens an opportunity to be aware of what is going on. So what happens is you have a situation where one day a Playbook exists and the neighbors are being bothered and they can’t sleep at night because of the sound. Chuck Ostman stated and it could be worse than Playbook. Joe Annunzio stated that this is indicative of a much more serious problem because this is just one of the places where we have a problem, we have Playbook, Morrison’s, Chasers, Village Pub all these places have the same kind of problem. They are all on a strip of property along Milwaukee Avenue that is very thin abutting a rather dense residential neighborhood. At one time maybe these were all family restaurants, they are no longer family restaurants they are now bars, grills, sports bars and places that are open until 4 a.m. We have never dealt with the bigger problem what to do with the property is it appropriate to keep putting bars and grills of this type in areas that are so close to residents. And if we decide to do that do we want to make sure we have more control as to what goes in because with the ordinance right now we don’t. Andrew Przybylo stated that he didn’t understand the problem because the problem is when a new business is pulling permits for what was an existing business, so technically an existing condition, it should come under a type of guidelines that would force it into a reapplication for special use. Joe Annunzio responded he felt it should be restricted to the present owner. At least everybody, the public has an opportunity to see what the new restaurant would be to see if it meets the criteria. Even if you are a restaurant, certain restaurants will meet the zoning special use criteria and certain restaurants will not simply because of the nature of the restaurant itself. So if you had a situation where the restaurant might not meet the special use criteria but basically allowed in by a matter of law. Andrew Przybylo stated but Special Use is clarification that is attached to property. So you could take the special use and approve it with conditions. The conditions shall be extinguishing the special use when the present owner no longer uses it. Only in force until such time as the property changes hands. Joe Annunzio stated that it has to be put in the Zoning Code so that the new owner knows very well that if they buy the property they have to go for a Special Use because right now they don’t have to. Andrew Przybylo asked how a special use is notified. Joe Annunzio responded that everybody within 250’ of the property receives a certified letter, there is newspaper posting and Chuck Ostman added a sign is put on the property. They are given adequate notice as to what is happening to the property and an opportunity to come to the special use meeting. Andrew Przybylo asked if the problem locations are special uses now. Chuck Ostman responded no they are so old they were not special use. Andrew Przybylo stated then that specific to any entertainment business whether it is in the right district or not should come for a special use permit. Tom Kanelos responded anytime a business changes ownership it would have to come for a new. Chuck Ostman responded that would be disastrous. Andrew Przybylo asked why they can’t be informed that at such time as this business is sold that the new owner shall appear before the Plan Commission for a special use. Chuck Ostman again responded that would be disastrous. The Mayor responded you would cut the value by 2/3rds. Rich Wlodarski responded we have restaurants that legitimately change hands like McDonalds, Taco Bell, etc. Joe Annunzio stated that you cant’ get too specific because then you have real issues. Have to be simply about it. All restaurants would have to be treated the same. Andrew Przybylo stated that all restaurants that show 50% of their sales are alcohol and remain open past 11 p.m. are in a sub category. Chuck Ostman stated that Morrison’s stayed within the family so there wasn’t a change of ownership and more or less kept the same hours. Mayor stated that the only thing that will work in all categories is every time there is a new \\Picard\Users\CD\mas\Building and Zoning Committee Meeting Minutes 2009 -2011\ALL PDF of Meetings 2009 - 2012\PDF of each 2012 meeting minutes -\packet for B&Z 04 05 2012 mtg\April 5 2012 minutes.doc owner of any restaurant of any type. Joe Annunzio feels there shouldn’t be a band aide solution. It is important to avoid the band aide. Chuck Ostman responded that this is not a rush. When the Zoning Code is redone this should go to the outside firm who will have a lot more experience in this and see what recommendations they have. Andrew Przybylo stated that changing the zoning code is meant to be restrictive but not to the point that you are going to hurt business. It was discussed and agreed that this should be left for the firm which will be redoing the zoning code. Andrew Przybylo stated that perhaps a way to handle would be to have a Special Use – Unique Use wording incorporated. Chuck Ostman felt that was a great idea. Joe Annunzio agreed. Next item to discuss: WATER TOWER MOUNTED EQUIPMENT SECTION VII. - RESIDENCE DISTRICTS Section VII. - Residence districts. (B) R1 single-family residence district. *********** (2) Special uses. ************ (j) Utility and public service uses including: (1) Electric substations and transformer substations. (2) Reserved. Water tower mounted equipment (3) Railroad rights-of-way and passenger stations. (4) Heat and power plants and sewer treatment plants. (5) Reserved. (6) Reserved. Andrew Przybylo asked how many water towers exist in Niles. Chuck Ostman responded two (2). Mayor Callero responded that we don’t allow antennas in an R district. Andrew Przybylo stated it is prohibited. \\Picard\Users\CD\mas\Building and Zoning Committee Meeting Minutes 2009 -2011\ALL PDF of Meetings 2009 - 2012\PDF of each 2012 meeting minutes -\packet for B&Z 04 05 2012 mtg\April 5 2012 minutes.doc Chuck Ostman then went on to update on the Plan Commission recommendations from the April 2, 2012 meeting on the following items as previously discussed: Tattoo as a special use in B-1 district Pawn establishments as a special use in B-1 district Catering permitted in B-1 and B-2 district And Drive up windows as a special use. Tom Kanelos stated that these were recommended to go on to the Village Board. Andrew Przybylo asked didn’t we agree to try to stay away from the wording “pawn”? Joe Annunzio stated that we are meddling with the content of the sign, name of the business which is unconstitutional. Chuck Ostman stated that pawn shop was to cover all materials. Can not regulate the signage. Sign code can not regulate the content of the signage. Tom Kanelos asked if Merchandise and Loan was used we wouldn’t be violating or restricting. Prefer not called pawn shop. Andrew Przybylo stated that we have people who want to open a pawn shop and they don’t care if it is or isn’t called a pawn shop. Felt it was better for the community if called a Merchandise and Loan and not to allow pawn shop. Andrew Przybylo felt that if you get a preponderance of these stores that open up and they are called pawn shops he didn’t know what the standards are but hoped that the Plan Commission would ask for an appraiser as pawn shops do lesson the value of homes adjoining it. The community is affected by the preponderance of pawn shops. Therefore if they can not reach the standards of the special use the Plan Commission should reject it. Better for the community if called Merchandise and Loan. Chuck Ostman asked should this go back to the Plan Commission to strike pawn shop and change to Merchandise and Loan. Response was yes. Mayor Callero also added that there should be restrictions that NO weapons, guns, firearms are allowed. Chuck Ostman stated that this will be incorporated as the ordinance pertaining to guns is out of line. Andrew Przybylo stated that Niles does not have gun stores but guns are sold in Niles. Andrew Przybylo asked if there will be restrictions on Merchandise and Loans. Can we say not more than five (5) Merchandise and Loan licenses in Niles? Andrew Przybylo said this will be handled legislatively by the Board as to the quantity and not within 250’ of each other. Joe Annunzio said that to restrict you have to show how it refers to the health and welfare of the community, this needs to be addressed. He said he will research how we can limit the amount of Merchandise and Loans in Niles. Nest on the agenda was the item of 2030 Comprehensive Plan Implementation Subcommittee. Mayor Callero stated we have three (3) applicants for one main space. The application process will be kept open until the end of April. Chuck Ostman and Mayor Callero will interview the applicants. Chuck Ostman will be the head of the Ad Hoc Subcommittee and will report to the Building and Zoning Committee directly. Andrew Przybylo stated that he would have a compliance officer – a citizen – to add input to the plan. Mayor Callero responded that there will be three (3) citizens, two (2) businesses and Chuck Ostman. They will discuss how progressing with the Comp Plan on a year by year basis. Next item discussed Annual review of sign code. Chuck Ostman stated that this will be brought to the committee next meeting. There is information gathered with business concerns and staff concerns. Overall the new sign code is working well. One issue has been temporary banners but it is being handled. Overall going very well. Chuck stated that the members of the Building and Zoning Committee will be receiving a memo on the sign code updates. The Mayor who has seen the rough draft memo and stated that it is great. Next item on the agenda was Outdoor Seating. Chuck Ostman stated that this will be reserved until the next meeting. \\Picard\Users\CD\mas\Building and Zoning Committee Meeting Minutes 2009 -2011\ALL PDF of Meetings 2009 - 2012\PDF of each 2012 meeting minutes -\packet for B&Z 04 05 2012 mtg\April 5 2012 minutes.doc The last item on the agenda update on budget pertaining to planning. Mayor Callero said appropriation will be voted on in May, it is in the budget. Andrew Przybylo asked if requests are for qualifications or simply bids. Chuck Ostman stated both qualifications and proposals which are all in one. The document is all made up and he will get copies to the Building and Zoning Committee so that it can be reviewed and comments can be made. Chuck Ostman then asked when the next meeting should be scheduled. It was agreed having meetings every 2 months is good timing. The next meeting is scheduled for June 7, 2012 8:00 a.m. at which time the budget will have been approved. Andrew Przybylo asked if there was anything else and if not made a motion to adjourn. This was seconded by Mayor Callero. All were in favor. Meeting adjourned at 9 a.m. \\Picard\Users\CD\mas\Building and Zoning Committee Meeting Minutes 2009 -2011\ALL PDF of Meetings 2009 - 2012\PDF of each 2012 meeting minutes -\packet for B&Z 04 05 2012 mtg\April 5 2012 minutes.doc