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 June 7, 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 Village Manager Steve Vinezeano – Assistant Village Manager George R. Van Geem Joe Annunzio – Village Attorney George Van Geem – Village Manager Village Clerk Andrew Przybylo – Village Trustee Marlene J. Victorine Tom Kanelos – Planning & Zoning Committee ______________ Chuck Ostman – Community Development Director Community Rich Wlodarski – Community Development Assistant Director Development Mary Ann Starzynski - Recording 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 April 5, 2012 meeting to be approved. This was seconded by George Van Geem. All were in favor. Chuck Ostman began the meeting with an update on Plan Commission recommendations from June 4, 2012 on the following items discussed:  Cosmetic Tattoo as a special use in B-1 district – APPROVED. Andrew Przybylo commented that this is NOT stand alone facilities but must be part of Salon. Richard Wlodarski stated that the language is actually written not stand alone business.  Merchandise and Loan establishments as a special use in B-1 district – APPROVED with the condition that the signage must state Merchandise and Loan. Andrew Przybylo commented this is a special use but with restrictions under the Business License Chapter 22. Rich Wlodarski responded this is in category for special use and language needs to be added to Chapter 22 under Business License. Chuck Ostman stated this language needs to go before the Village Board.  Catering permitted in B-1 and B-2 district – APPROVED. Andrew Przybylo commented if this business is a store front and there is loading out front there are concerns with safety and parking issues. Chuck Ostman responded this will be addressed on a case by case basis. www.vniles.com   Drive up windows as a special use – APPROVED.  Water tower mounted equipment as a special use in R zoning district – APPROVED.  Parking module dimensions amendment – APPROVED. Andrew Przybylo asked what the discrepancy is with parking downstairs at Village Hall. Chuck Ostman responded that some spaces are 8 ½ feet and some are 7 ½ feet between the column structures present. Rich Wlodarski responded it will be 8.3 to 8.6 feet and that retail remains at 9 feet. Andrew Przybylo responded that is not being overly restrictive. Mayor Callero asked what if someone wanted over 8.6 feet. Chuck Ostman responded they can apply for a zoning code variation. Chuck Ostman said this is all going to the Village Board for approval at this month’s scheduled meeting on June 26, 2012. Andrew Przybylo stated that he will not be able to make that meeting as he has a previous engagement. Mayor Callero stated that would be okay. Chuck Ostman gave an update on the Niles 2030 Comprehensive Implementation Subcommittee. He stated that the first meeting will be held Tuesday, June 19th at 6:30 p.m. Chuck stated that he will have an agenda prepared by June 13th and will forward to all. He stated that a matrix will be used that includes strategies and notes which will be presented and updated quarterly. Andrew Przybylo commented that the Comprehensive Plan Implementation Subcommittee has three (3) previous Comprehensive Plan members which all did a good job on that. Mayor Callero felt with the people on the subcommittee there was the opportunity for good ideas to be generated. Chuck Ostman stated that all recommendations made at the Subcommittee meetings will come to the Building and Zoning Committee for presentation and approval. Rich Wlodarski began discussion on the requested updates of the Sign Ordinance. Chuck Ostman stated that the sign code is working very well. Rich Wlodarski responded that there have been minimal complaints received, with the majority concerning temporary banners. Drive thru signage is now listed as a special use and all requirements of the drive thru reader board will be addressed at the time the special use is applied for. Vehicular signs were discussed in length with 3 Trustees and the Mayor prior to recommending approval of the sign code. It was agreed upon that prime parking should not be taken away for the parking of vehicles associated with the business because they have advertising on them. It was left in place with the added language of at the discretion of the Director of Community Development. This has been very difficult to try to enforce fairly across the board and staff is recommending removing the language. Mayor Callero stated that the most complaints are from residents concerning advertising on trucks parked on streets and the height of signs. The residents are saying that during business hours it would be okay but not during the evening after the businesses are closed. Chuck Ostman presented examples – pictures taken of trucks with advertising within the Village. Rich Wlodarski responded that none were actually on right-of-way and Chuck also stated that these tend to come and go not parked permanently. Chuck suggested that the wording should be changed to specifically state “not after business hours”. Andrew Przybylo responded that for retail that mean after 9 p.m. trucks must be removed. Tom Kanelos responded that he could not believe that in these big parking lots these businesses can not find another 2 spot to park. He wasn’t so sure the concern is in the loss of parking as it is in the advertising issue. Andrew Przybylo then stated the answer is to only allow during business hours. Rich Wlodarski responded they will go back and change the language and bring it back to this committee for approval. Mayor Callero stated it would be okay to update and circulate the information. Andrew Przybylo stated that the language used is important. Chuck Ostman stated that off site parking is not allowed. A business must be physically located within the shopping area/parking lot to park with advertisement visible. Chuck Ostman said he will work on the language and provide examples of other municipalities wording used for the sign code. Temporary signage: The request for going from four (4) times a year to six (6) times a year for restaurants came from four (4) different restaurant owners making the same request. One other item on temporary banners for discussion is to not have the 30 day period in between having banners displayed, but still stick to the 120 days for businesses and 180 days for restaurants total for the year, that request came from two (2) different business owners. Mayor Callero responded that Community Development has responded to the covered areas where complaints were received. He asked if something comes up will it be reviewed. Chuck Ostman responded yes and the sign code will be reviewed annually. Next item Chuck Ostman discussed was posting the position of Village Planner. Mayor Callero stated this should be held until the Village Board meeting. Andrew Przybylo responded by asking if this was a budgeted item. George Van Geem responded that it was budgeted but it still needs discussion as to if the Village wants to hire, salary etc. This would be the same as the Economic Developer position. Andrew Przybylo asked who the Economic Developer would report to. George Van Geem responded same as the Village Planner, they would report to Chuck Ostman, Director of Community Development. Andrew Przybylo then responded that Community Development is a term with a definition including code enforcement and that Economic Development would not be compatible within the same department. There would be conflicts as to developing business and enforcing codes in the Village if both were under Community Development Department. Andrew Przybylo stated that the two should work together but could be in conflict with each other. He stated that there was a need for zoning maps and the zoning ordinance for ethics issues. George Van Geem asked what benchmarks there would be for monitoring success of these positions. Chuck Ostman responded that there is a full job description with a specific list of accomplishments to meet which would cover 5 years. He will forward the list to everyone to review and to demonstrate what is expected. The whole intent is to provide more communication between the position and the elected officials. There would be required quarterly reporting to the elected officials. Next on the agenda Chuck Ostman discussed the RFQ (Request for Qualification) for the purpose of developing a comprehensive revision to the zoning ordinance for the Village. The proper way to handle this is to have firms submit requested forms, narrow down to three (3) candidates and then choose. Joe Annunzio stated that when the process starts he would have an active role. Chuck Ostman stated that the final RFQ is currently being written. Another item, not on the agenda, brought up to discuss by Chuck Ostman – the fence ordinance. Mayor Callero stated that he received a letter from a resident as he wanted to make a change to his fencing in order to protect his children which would have been in violation of the fence code. Chuck Ostman responded that the code says R3 and R4 zoning districts did not want 6 foot high fences coming out to 3 the street. On a corner lot it is a maximum of 14 feet towards any street in order to leave green space between sidewalk and fence. Tom Kanelos asked why there is not a time frame like the sign code and why the fence code is grandfathered in with no time limit. He felt that when a fence needs to be replaced, or there is a new owner to the property it should have to meet the new fence ordinance requirements. Rich Wlodarski stated that the problem with the townhouse areas is that there is no association to control or monitor the situation. Andrew Przybylo stated the felt that a new owner of the property would have to comply with the NEW ordinance and that there would no longer be a grandfather effect. Chuck Ostman responded that the fence code should be left as is but a review of sections of the fence code ordinance wording and that the grandfather wording should be removed. Chuck stated that he will research other communities and report back to the committee at the next meeting. When the wording is in Chapter 18 there is no mechanism for variance. The next meeting was scheduled for August 9, 2012 at 8 a.m. Andrew Przybylo motioned to adjourn; this was seconded by George Van Geem and all agreed. Meeting ended at 8:55 a.m. 4