Loading...
HomeMy WebLinkAboutMinutes 1990DRAFT, HOT APPROVED MINUTES Planning and Development Committee January 8, 1990 Room 2403 - 7:30 P.M. Ald. Present: S. Brady, J. Korshak, L. Morton, J. Nelson, J. Rudy and R. Warshaw Ald. Absent: None Staff Present: J. Aiello, C. Powers, J. Wolinski, D. Rasmussen, L. Brown and R. Rudd Presiding Official: R. Warshaw Du_, Minutes of J"uarY18, 190 Ald. Korshak moved and Ald. Brady seconded that the Committee approve the minutes of the Planning & Development Committee meeting of December 13, 1989. Chairman Warshaw moved that the last line on page 3 be amended to read "... type of care but questioned whother the facility could be utilized by those who needed it most". Chairman Warshaw also clarified her position by amending the fourth line on page four to read "... realized and the additional cost to the City of Evanston for those who are elderly and frail". The Committee voted 5-0 to approved the minutes as amended (Ald. Rudy absent). COMMUNICATIONS None NKW BUSINESS Docket 2-1A-90, Families In Transition Program (F.I.T.) - Fisher Memorial A.M.E. Zion Church. Ald. Morton moved and Ald. Brady seconded that the Committee approve the recommendation to enter into an agreement with Fisher Memorial A.M.E. Zion Church in conjunction with the Families In Transition program. Ald. Korshak observed that the support offered to the prospective tenant is a qualified support and that there are no guarantees from other parties to provide aid. The Committee voted 5-0 to recommend approval (Ald. Rudy absent). Docket 3-1A-90, Families In Transition Program (F.I.T.) - Fisher Memorial A.M.E., Zion Church Ald. Morton moved and Ald. Brady seconded that the Committee recommend to City Council approval to enter into an agreement with Fisher Memorial A.H.E. Zion Church in conjunction with the Families In Transition Program for the expenditure of a maximum of $12,400 over a twenty-four (24) month period. The Committee voted 5-0 to recommend approval (Ald. Rudy absent). P & A Hinutes January 8, 1990 Docket 4-1A-90. Families In Transition Program (F.I.T.) - Friendship Baptist Church. Ald. Norton moved and Ald. Brady seconded that the Committee recommend to City Council approval to enter into an agreement with Friendship Baptist Church in conjunction with the Families In Transition Program for the expenditure of a maximum of $10,000 over a twenty-four (24) month period. Ald. Brady observed that as a member of the Housing Commission she is quite pleased that there have been several applicants and there appear to be several more in the near future for the F.I.T. Program. She also observed that the F.I.T. Program has reached out through the Emergency Assistance Program to aid noddy families. Ald. Brady stated that the burden is on the sponsor to find families to place in the program which over a twenty-four (24) month period can place themselves in a position whereby aid through the F.I.T. Program will be unnecessary. The Committee voted 5-0 to recommend approval (Ald. Rudy absent). OLD BUSINESS Docket 320-128-89, Ordinance 147-0-89. ZBA 89-30-SU(R) re Special Use for 2520 Gross Point Road. The Committee received a copy of the Certificate of Need from attorney Rielloy for the applicant. The Committee also received a memorandum from Jane Volberding, staff to the Evanston Commission on Aging, dated January 8, 1990 explaining in further detail the possible cost implications to the City with the development of the proposed sheltered care facility. Ald. Nelson stated that he was still concerned with the need to place additional regulations on the special use. Ald. Nelson suggested that the following amendment be added to the proposed special use ordinance. "In the event there is a final determination, from which no appeal can be taken, of a violation of any ordinance, regulation, or statute of the City of Evanston, the State of Illinois or the Federal Government as a result of the maintenance or operation of the facility, the special use shall terminate." Ald. Nelson further stated that he agrees with some of the points in a memo to the P & D Committee from Rielley, dated December 29, 1989 but would recommend the following modification to the third line of the first paragraph on page 3 of the aforementioned memo. The subject line should read "... the proposed facility which are not in substantial compliance with testimony presented by the applicant, or which Ald. Nelson reflected that both of his amendments should be added to the proposed special use ordinance. Ald. Warshaw questioned whether there was a need for a legal opinion on this matter prior to mating an amendment to the ordinance. The Committee agreed that since the Legal Department has not as yet reviewed Aid. Nelson's -_ proposed amendments that a legal opinion was necessary. Chairman Warshaw also questioned whether Ald. Nelson's strict application with respect to any violation resulting in termination was justified since there are differing degrees of violations? Ald. Nelson stated that he would attempt to apply any regulation that would insure that the neighborhood would not suffer because of violations created by ownership or operation of the proposed sheltered care -2- a. P & D Minutes January 8, 1990 facility. Chairman Warshaw questioned whether Emergency Assistance procedures would apply if residents of the proposed facility were evicted? Volberding was present and reviewed in further detail the aforementioned memo regarding regulations governing certain aspects of sheltered care facilities. Ald. Brady expressed surprise that the applicant predicted that the average stay of the residents of the sheltered care facility was three (3) years. Ald. Nelson stated that he wants his two amendments in substantive form to be included in the next draft of the proposed ordinance. Ald. Nelson further emphasized that he welcomed the project but only under strict circumstances no that the neighborhood does not suffer due to failings of the project. Ald. Brady suggested that the Legal Department, in the course of their legal opinion, also address the impact on anti -discrimination laws with respect to the proposed amendments. After further discussion, Ald. Nelson moved and Ald. Brady seconded that the matter be held -over to the January 22, 1990 meeting pending the requested legal opinions. In response to a question from Ald. Brady as to whether the Committee would be willing to support introduction of the ordinance and suspension of the rules to allow passage at the January 22, 1990 meeting, the consensus of the Committee was that would be left up to the City Council. Chairman Warshaw stated that she would object to introduction of the current draft ordinance at the January 8, 1990 meeting since there will be substantial changes needed. The Committee voted 4-0-1 (Ald. Horton absent. Ald. Rudy abstaining) to hold the matter over upon receipt of the legal opinions. Docket 5-1A-90, ZBA 89-7-P(R) ro Variation for 3101-05 Central Street. Chairman Warshaw thanked the staff for the early submittal of the lengthy transcripts to allow adequate time to read. Ald. Brady questioned that if the P & D Committee concurred with the ZBA recommendation what could the proprietor continue to do? Dave Rasmussen, Assistant Director of Zoning, stated that the proprietor could install a spray booth within the building, or if unable to install a proper booth, could do body work but could not do spray painting. Chairman Warshaw questioned whether there were options other than the spray booth proposed? She asked if there was a custom type booth that would meet all standards? Ald. Nelson moved and Ald. Brady seconded that the Committee concur with the ZBA recommendation and deny the variation. The Committee voted 5-0 to concur with the ZBA recommendation (Ald. Horton absent). Chairman Warshaw questioned whether there was a need for ongoing monitoring to be sure the applicant was in compliance with respect to odors and particulate being emitted? Rasmussen stated that the applicant would be given thirty (30) days to comply with the ordinance which would allow him to either construct the proper spray booth in the current building or to cease operation. Ald. Korshak observed that the term "control" was quite vague and may have different meanings to different parties. Ald. Korshak also stated that he was impressed with the great care that ZBA took in their analysis of the case. The Committee discussed further what monitoring mechanism could be put in place to assure compliance with applicable ordinances. Chairman Warshaw asked that a legal opinion be -3- P & D Minutes January 8, 1990 provided with respect to what would trigger a violation of the ordinance with respect to this case. Staff indicated that a legal opinion would be requested of the Legal Department. Ald. Morton questioned whether there were other Property Maintenance violations on the site? Staff indicated that the BOCA Existing Structures Code would not apply to this site since it is of a commercial nature, however, if there were violations of other applicable codes, enforcement action would ensue. Docket 6-1A-90, Ordinance 146-0-89, ZAC 89-2, ro Rezoning Parcels within the Research Park. Ald. Nelson moved and Ald. Morton seconded that the Committee recommend to City Council approval of a ZAC recommendation to rezone parcels within the Research Park from C2 Commercial or M3 Manufacturing districts into the 84 Business district. Ald. Brady questioned that since the northwest corner was not rezoned was it because it may potentially be developed as residential? Ald. Brady further questioned the need for rezoning? Judy Aiello, Assistant City Managor, stated that rezoning was needed so that variations would not have to be requested regarding FAR, setback and possibly height. Ald. Brady observed that it was important that the rezoning be conditioned on compliance with the master plan. In response to a question from the Committee, Ald. Rudy stated that he originally objected to the rezoning but upon further review accepted the rezoning since the guidelines for the master plan will apply. The Committee voted 6-0 to recommend to City Council approval of the rezoning request. Consider Approval of Request from Kinasian & Oriental Rug ComDanv - 1?44 Chicago Avenue to Construct Temporary Structure for Twenty-four Months. Ald. Morton moved and Ald. Brady seconded that the Committee approve the request to construct a temporary structure for twenty-four (24) months as per Section 6-3-10 of the Zoning Code. Ald. Rudy questioned where the construction would take place? Owners of the business stated that the new construction would take place south of the existing brick building and.that the wood frame structure would be demolished. Ald. Rudy observed that the use of the mobile office unit is not an uncommon practice. The Committee voted 6-0 to approve the request with the conditions outlined in the staff memorandum. ADJOURNMENT The meeting adjourned at 8:30 p.m. The next regular meeting of the P & D Committee is January 22, 1990 at 7:30 p.m. Staff: Bober"Rudd 70(1/4) -4- DRAFT. NOT APPROVED DRAFT, NOT APPROVED Ald. Present: Ald. Absent: Staff Present: Presiding Official: MINUTES Planning and Development Committee January 22, 1990 Room 2403 - 7:30 P.K. S. Brady, J. Korshak, L. Morton, J. Rudy and R. Warshaw J. Nelson D. Wirth, N. Modaber, C. Powers, C. Yonker, M. Rubin, E. Szymanski, Jim Wolinski and R. Rudd R. Warshaw Minutes of January 8, 1990. Ald. Korshak moved and Ald. Brady seconded that the Committee approve the minutes of the Planning & Development Committee meeting of January 8, 1990. The Committee voted 4-0 to approved the minutes (Ald. Morton absent). COMMUNICATIONS None NEW BUSINESS Docket 19-18-90, Final Plans and Agreement re Proposed Ashland/Florence Playground - 1512-1518 Lake Street. !like Molinaro, an architect and Co -Chairman of the Site Plan Committee for -the Evanston Friends of the Park (EFOP) was present and reviewed the proposed playground site plan with the Committee. Molinaro explained that 23% of the site was covered by play area surface. He stated that the Committee attempted to locate the playground as far array from the streets as possible. Molinaro further stated that in review with the Site Plan Review Committee, concern was expressed about the need for lighting. Molinaro stated that EFOP plans to install two (2) light poles with photocells near the center of the site. He further explained that the entire site will be fenced with an I8 inch split -rail fence along Ashland and Lake, and a 3 ft. chain link fence along the rear and side of the property. Molinaro then proceeded to explain the various types of equipment to be placed on the site. He explained that the equipment structures would not be nearly as dense as those that are currently erected in Oz Park in Chicago. He explained that a concern was expressed by the Police Department that with too dense of a structure, visibility and safety could be compromised. Molinaro then proceeded to show a brief slide presentation depicting the construction and completion of the Indian Boundary Park located at Lunt and Western in Chicago. Ald. Korshak moved and Ald. Study seconded that the Committee accept the revised memorandum of agreement presented with the site plan. Ald. Brady questioned paragraph 2 of page I in what was meant by "or other". Ms. Rhodes, a member of EFOP, stated that it was her understanding that this would consist of donated services such as electric service, removal of a willow tree on the P & D Committee - Minutes January 22, 1990 site and the planting of parkway trees by the City. Molinaro stated in response to a concern expressed by the Committee, that the phrase "or other" was not at all intended to mean additional cash from the City of Evanston. Ald. Brady wanted to confirm that the agreement was based solely on the CDBG $50,000 grant. Don Wirth, Director of Parks, Recreation & Forestry, was present and stated that water and electric work was to be part of the $50,000 as explained in the memorandum of agreement. He further explained that the materials for this work would be charged against the $50,000. He explained that the labor, if the City of Evanston's crews could undertake it, would be through force account work and may qualify for "or other" items. Chris Yonker, CDBG Coordinator, stated that once the final design is established, the City could give a more detailed listing of costs. Chairman Warshaw stated that it was her understanding that the purpose of the memorandum of agreement is really only to change those responsible from the Dewey Community Conference to EFOP on the contract. Ald. Brady questioned page 3, the term "cash" and whether this would mean volunteer labor? Both Rhodes and Molinaro stated that volunteer labor would in no way be calculated by EFOP as cash contribution. Molinaro gave an example that a service provided to EFOP may be in the form of free trucking that will be used to deliver material on site. Ald. Brady questioned the change from monthly reports to quarterly reports? Both EFOP representatives and CDBG staff stated that the quarterly reports would be forwarded to the Planning Department CDBG staff. The Committee voted 5-0 to recommend approval of the amended memorandum of agreement. Docket 17-IB-90. Renewal of Criezis Contracts for the Buildine Department. Ald. Brady moved and Ald. Morton seconded that the Committee recommend to City Council direction to the City Manager to execute a one (l) year renewal contract with Criezis Architects for Building Department's plan review and field inspections for commercial, industrial and institutional projects costing in excess of $200,000 in construction costs. Ald. Rudy questioned what constituted the $95.00/hr. proposed charge by Criezis for plan re -reviews and reinspections. Staff indicated that a breakdown would be supplied. Ald. Korshak expressed satisfaction with the concept of utilizing outside plan review personnel, but was concerned with the use of outside inspectional services. Ald. Korshak felt that the use of City staff to provide inspections provided more accountability. After a discussion of the procedure utilized by Criezis for both plan review and inspections, the Committee directed staff to report back to the Committee at mid -budget year with respect to costs associated with this contract based on construction activity in the City. The Committee voted 5-0 to recommend to City Council approval of the contract. Docket 18-1B-90. Public Place Name Committee re Naming of Two Public Parks. Ald. Rudy moved and Ald. Brady seconded that the Committee concur with the Public Place Name Committee recommendation. Ald. Korshak stated that in -2- P & D Committee - Minutes January 22, 1990 discussion with Ald. Esch that concern was expressed that the very small park that would not be named at this time after Jennifer Morris, due to the five (5) year waiting period, not be named in that interim. The concern was that if the Committee deemed the park to be named five (5) years after Jennifer Morris' death, that it still be unnamed at that time to allow such action. Ald. Morton questioned Wirth with respoct to information supplied applicants when applying for a naming of a park. Virtu stated that the criteria used in determining the naming of parks is provided to the applicants prior to application. The Committee voted 5-0 to approve the Public Place flame Committee Report. Docket 320-12B-89. Ordinance 147-0-89. ZBA 89-30-SU(R) re Special Use for 2520 Gross Point Road. In response to a question from the Committee regarding the previously requested legal opinion, Ellen Szymanski, Assistant Corporation Counsel, stated that further review was needed to provide a complete legal opinion and that it would be forthcoming at the next P & D Committee meeting of February 12, 1990. Ald. Warshaw stated that she would still like to have a report supplied by City staff addressing the added cost to the City for frail, elderly and dependent population such as is proposed for this shelter. She stated that she was looking for costs that would be associated with advocacy, finances, alternative housing reviews, fire and police. She requested this material for the February 12, 1990 meeting. The Committee discussed briefly how this material would be compiled and what value it would be. The conclusion of the discussion resulted in the request that staff provide the material to the Committee at the next meeting. Due to the lack of the legal opinion and the request for information, this matter was held -over to the February 12, 1990 P & D Committee meeting. Docket 20-1B-90. Ordinance 7-0-90. ZBA 89-39-V(R) re Variation for 721 Dodze Avenue. Ald. Morton moved and Ald. Brady seconded that the Committee recommend to City Council concurrence with the ZBA recommendation to grant variations for the non-residential use of the cellar and first floor of the subject building. Chairman Warshaw stated that since this is in her ward and concern has been expressed regarding the aesthetics of the building, that the applicant attempt in some way to soften the appearance of a commercial use in a residential area. After a brief discussion the Committee directed staff to amend Ordinance 7-0-90 to add an additional condition that would require window treatment to minimize the appearance of a commercial use and conflict with the surrounding residential neighborhood. A condition should also be added that no paper window signs be permitted. The Committee voted 4-0 (Ald. Rudy absent) to recommend to City Council introduction of Ordinance 7-0-90 and that a clean copy with the amendments be provided at the February 12, 1990 City Council meeting. -3- P & D Committee - Minutes January 22, 1990 Docket 21-18-90, Ordinance 8-0-90, ZBA 89-11-SU(R) re Special Use for 640 Pitner Avenue. Ald. Morton moved and Ald. Brady seconded that the Committee recommend to City Council to introduce Ordinance B-0-90 to grant a special use to permit retention of a building addition on the premises classified as a junk yard. Chairman Warshaw expressed concern that there was a need of proof of proper construction since the applicant proceeded to illegally construct a major addition without ever obtaining building permits or zoning review. Ald. Brady questioned whether the City could levy a fine during the time this building was in existence since it was illegally constructed and possibly not on the tax roll. The Committee requested that a legal opinion be rendered with respect to this question. Chairman Warshaw stated that if a legal opinion found a fine could not be levied by the City, that the Committee consider whether a fee in lieu of a fine and in lieu of the several years the possible unpaid back taxes be levied. Jim Wolinski, Director of Building & Zoning, was present and stated that the applicant for the zoning relief would need to supply proper building plans, and when a permit was issued, be assessed a penalty. Wolinsri further stated that inspections would need to be made on -site and whatever openings needed, be made in the building, and that proper construction would need to be verified. Ald. Korshak moved and Ald. Brady seconded that the Committee hold this matter over pending the receipt of the legal opinion to the February 12, 1990 P & D Committee meeting. ADJOURNMENT The meeting adjourned at 8:40 p.m. The next regular meeting of the P & D Committee is February 12, 1990 at 7:30 p.m. Staff: ob r P t. Rudd 70(1/4) -4- DRAFT. NOT APPROVED DRAFT. NOT APPROVED Aid. Present: Aid. Absent: Staff Present: Presiding Official: MINUTES Planning and Development Committee February 12, 1990 Room 2403 - 7:30 P.M. S. Brady, J. Korshak, L. Norton, J. Rudy and R. Warshaw J. Nelson , J, Wolinski, D. Rasmussen, R. Szymanski and C. Powers R. Warshaw Minutes of January 22. 1990. Aid. Brady moved and Aid. Horton seconded that the Committee approve the minutes of the Planning & Development Committee meeting of January 22, 1990. The Committee voted 4-0 to approved the minutes (Ald. Rudy absent). COMMUNICATIONS ZBA 89-22-V(F). Final Variation Decision re 1416-18 Brummel Street. Aid. Korshak reviewed the final decision which stated that parking must be installed. Aid. Brady indicated that this issue is before the Zoning Amendment Committee for consideration. ZBA 89-40-V(F). Final Variation Decision re 2831 Sheridan Place. Aid. Brady made an inquiry to staff regarding the cost of supplying plans to the Committee. Aid. Korshak also requested the above stated cost information. ZBA 89-41-V(F). Final Variation Decision re 2519 Park Place. The Committee received the final variation decision without comment. Supplement to City Code (Zoning Ordinance) The Committee received the supplement without comment. Docket 20-18-90, Ordinance 7-0-90, ZBA 89-39-V(R) - Variation for 721 Dodge Avenue. The Committee briefly reviewed the revised ordinance containing amendment requiring window treatment and other conditions to soften the impact of a non-residential use in a residential area.. Aid. Warshaw indicated that the variation reflects the present zoning ordinance language in the repair of electronic equipment. She further stated that the new zoning ordinance will incompass additional electronic equipment repair and that it is not the intent of the Committee to preclude the applicant from repairing electronic equipment of a similar nature because it is not specifically contained in the zoning ordinance. P & D Committee - Minutes February 12, 1990 In subsequent discussion, Aid. Rudy expressed concovn that the other office uses permitted in the ordinance could cause parking problems in the surrounding residential neighborhood. Aid. Warshaw stated that this property Is located in her ward and that parking is more than adequate for any office use. Aid. Korshak concurred with Aid. Warshaw's comment. Aid. Rudy indicated that it was his intent to remove the item from tho consent agenda to express his concern to the Council. Docket 320-12B-89. Ordinance 147-0-89. ZBA 89-30-511(R) re Special Use for 2520 Gross Point Road. Aid. Brady began discussion by stating that the legal opinion was helpful and clarified some confusion regarding the consequences of poor management. Aid. Warshaw added that is is obvious from the information submitted by Health and Human Services staff that the City's fees are adequate to cover expenses associated with a well run facility but there is no way to even anticipate the costs associated with a poorly managed facility. She further stated that although the conditions contained in the Special Use Ordinance will provide protection, it is still difficult to rescind an economic use. Aid. Korshak asked staff if a copy of the special use conditions are recorded and how it is followed through in future years. Dave Rasmussen stated that the file is marked and he would look for that information should the property come for zoning consideration in the future. Discussion continued regarding the cost of a poorly managed property. Aid. Warshaw asked if there could be a recapture of funds for reinspections of violations. Ellen Szymanski stated that legally it is permissible. Jane Volberding said that penalty fees have been increased and although they do not cover the very worst situations, they do cover expenses related to most facilities. Discussion between the Committee members and staff continued regarding possible safeguards for facilities in general. Ald. Korshak ask if a letter of credit could be obtained for eighteen (18) months after a new facility is built to assure there are no problems. Aid. Warshaw stated that new facilities are not the problem but possibly a change in ownership or management of older facilities should require a letter of credit. Volberding indicated a surety bond is required of facilities in receivership but that does not take care of the early process. Aid. Brady moved and Aid. Horton seconded that the Committee approve the special use and allow introduction to the City Council with the inclusion of the conditions and directed staff to supply a revised ordinance to the City Council for Council consideration at the February 26th meeting. The Committee voted 4-0 (Ald. Rudy absent). Docket 21-1B-90, Ordinance 8-0-90, ZBA 89-11-SU(R) re Special Use for 640 Pitner Avenue. This item was held in Committee without discussion. -2- P & D Committee - Minutes February 12, 1990 NEW BUSINESS Docket 38-2A-90, Families In Transition Program (F.I.T.) - Fisher Memorial A.N.E. Zion Church. Ald. Horton moved and Ald. Brady seconded that the Committee recommend to City Council approval of funding for the subject F.I.T. proposal. Ald. Korshak inquired about the financial responsibility of the sponsor. Ald. Warshaw answered that the financial responsibility of the sponsor is covered by the sponsor being the named party to the lease. Ald. Korshak requested that the proposal contain a sentence that clearly states that the sponsor accepts financial responsibility. Ald. Norton stated that the financial capacity to assume the responsibility should be clarified in the proposal. Ald. Korshak requested staff provide a balance of funds in the F.I.T. Program of part of future cover memorandum. The Committee voted 4-0 to recommend approval to the City Council (Ald. Rudy absent). Docket 37-2A-90, Plat of Resubdivision re 1733 Asbury. Ald. Korshak moved and Ald. Horton seconded that the Committee recommend to City Council approval of the plat of resubdivision for 1733 Asbury. The Committee voted 4-0 to recommend approval (Ald. Rudy absent). ADJOURNMENT The meeting adjourned at 8:22 p.m. The next regular meeting of the P & D Committee is February 26, 1990 at 7:30 p.m. Staff: Catherine Powers 70(1/3) DRAFT, NOT APPROVED -3- DRAFT. NOT APPROVED MINUTES Planning and Development Committee February 26, 1990 Room 2403 - 6:30 P.H. Ald. Present: S. Brady, L. Morton, J. Rudy and R. Warshaw Ald. Absent: J. Korshak and J. Nelson Staff Present: J. Wolinski, D. Rasmussen, K. Brenniman, C. Powers and R. Rudd Presiding Official: R. Warshaw Minutes of February 2-&. 1990. Ald. Morton moved and Ald. Rudy seconded that the Committee approve the minutes of the Planning & Development Committee meeting of February 12, 1990. The Committee voted 4-0 to approved the minutes as submitted. COMMUNICATIONS Chairman Memorandum The Committee received without comment. ZBA 89-45-V(F), Final Variation Decision re 2224 Moves Street. the Committee received without comment. ZBA 89-43-V(F), Final Variation Decision re 2612 Ewing Avenue. The Committee received without comment. ZBA 89-45-V(F'), Final Variation Division re 2717 Sheridan Road. The Committee received without comment. ZBA 89-44-V&SU(F), Final Variation Decision re 1304 Forest Avenue. The Committee received without comment. OLD BUSINESS Docket 21-1B-90, Ordinance 8--0-90. ZBA 89-11-SU(R) re Special Use for 640 Pitner Avenue. The Committee received a memo from City Manager Joel Asprooth and Assistant City Manager Judy Aiello indicating that discussion regarding a TIF District encompassing the area of 640 Pitner would be discussed at the City Council meeting of March 12, 1990. Ald. Brady moved and Ald. Rudy seconded that the matter be tabled and held in Committee until March 26, 1990. Commercial Property Maintenance Code. The Committee received a memo from staff providing additional information regarding Commercial Property Maintenance Code from the communities of Ann Arbor, Michigan; Madison, Wisconsin and Oak Park, Illinois. Additionally, Information was supplied from Louise Brown, Public Health Director and Division Chief, Thomas Linkowski of the Fire Prevention Bureau detailing the AW P & D Committea - Minutes February 26, 1990 respective department's inspection programs. Ald. Brady requested additional detail on the operation of the Oak Park Ordinance. More specifically, Ald. Brady requested more detail regarding tho Fire Department's responsibility under the subject ordinance in addition to the types of violations that are cited by that City. The Committee discuaned how commercial tenants respond to various code violations such as roof lonka, The discussion centered on the difference between the commercial and renldential tenant matters. Staff indicated that Fire Department representatives would be requested to be present to go into further detail on their memo when this matter is placed back on the P & D Committee's agenda. The matter will be held -over until such time the additional information is supplied. NEW BUSINESS Docket 48-28-89, Ordinance 99-0-89 re Regulating Development in Special Flood Hazard Areas. Ald. Brady moved and Ald. Rudy seconded that the Committee recommend to the City Council introduction of Ordinance 99-0-89. Jim Wolinksi, Director of Building & 'Zoning, Was present and reviewed with the Committee the special flood hazard map and its relation to the proposed ordinance amendment. Wolinski explained to the Committee that passage of the ordinance is necessary to allow those few residents that are actually in a special flood hazard area to be eligible for the National Flood Insurance Program. Wolinski also explained that the amendment will allow certain types of permits (fences, garages, sheds) to be issued by the City when in the past the permits would have to be reviewed both by the State and the City. The Committee reviewed the map which indicated only portions of the Lakeshore and Northwestern University landfill as being in flood zone A or C. The Sanitary District Canal was also depicted as being in flood zone A, though no adjacent properties were considered to be in a flood hazard area. The Committee voted 4-0 to recommend to City Council introduction of the subject ordinance. Downtown Forum The Committee requested staff to provide a status report with respect to Proposed Downtown Forum that was originally planned for January, 1990. ADJOURNMENT The meeting adjourned at 7:00 p.m. The next regular meeting of the P & D Committee is !larch 12, 1990 at 7:30 p.m. Staff: 4oOrt T. Rudd 70(1l4) -2- DRAFT, NOT APPROVED DRAFT. NOT APPROVED MINUTES Planning and Development Committee March 12, 1990 Room 2403 - 8:00 P.H. Ald. Present: Ald. Absent: Staff Present: Presiding Official: Minutes of February 26, Ald. Warshaw moved and minutes of the Planning The Committee voted 6-0 COMMUNICATIONS None OLD BUSINESS Norte NEW BUSINESS S. Brady, J. Korshak, L. Horton, J. Nelson, J. Rudy and R. Warshaw None J. Wolinski, D. Rasmussen, C. Brenniman, J. Asprooth and R. Rudd J. Rudy 1990. Ald. Norton seconded that the Committee approve the & Development Committee meeting of February 26, 2990. to approved the minutes as submitted. Docket 52-3A-90, Ordinance 17-0-90. ZBA 89-47-SU(R) re Special Use for 1834 Chicago Avenue. Chairman Rudy indicated to the Co=ittee that the applicant, University Christian Ministry, via a letter dated March 12, 1990 requested a continuance until the next P & D Committee meeting to allow time to review a condition placed in proposed Ordinance 17-0-90 which would require a payment in lieu of tares. Ald. Korshak stated that he felt it was inappropriate that since the ZBA did not consider this condition, for staff to add the condition to the ordinance. Ald. Korshak was concerned that by adding a condition after the Zoning Board of Appeals hearing the applicant had no opportunity to respond. Ald. Brady concurred with Ald. Korshak in that staff should have brought the condition as a consideration for the P & D Committee and not added it to the proposed ordinance. Aid. Brady further stated that before she would consider the matter she would need prior examples of when the City applied this condition (payment in lieu of taxes) to ordinances. Joel Asprooth, City Manager, stated that Ordinance 96-0-80 granting a special use for two (2) child care institutions at 823-27 Gaffield Place provided for a payment in lieu of taxes. Asprooth stated that this condition was added to the subject ordinance since the above mentioned example was approved by the City Council and that the case at hand was very similar. Asprooth stated that this matter was not brought to the ZBA since it was extraneous to the zoning question posed to the ZBA. P S D Committee - Minutes March 12, 1990 Chairman Rudy stated that he would not participate in the discussion since he had a conflict of interest due to his wife's position as a board member to the subject association. Ald. Brady observed that this matter should be sent to the Budget Policy Committee to determine whether a policy should be proposed and endorsed by the City Council. In that way the applicants would know up -front what conditions would be applied. Aid. Warshaw recommended that the matter be put on the agenda for the Budget Policy Committee meeting of Wednesday, lurch 14, 1990 since it fit within the pnrometers of the items to be discussed that night. Ald. Warshaw moved and Ald. Korshak seconded that the matter be held -over to the March 26, 1990 meeting per the requoat of the applicant. Ald. Brady requested that copies of other ordinances which contained a provision for payment in lieu of taxes be supplied for the Budget Policy meeting of March 14, 1990. Docket 54-3A-90, Ordinance 22-0-90, ZBA 89-42-V(R), re Variation for 2702 Prairie Avenue. Ald. Nelson moved and Ald. Brady seconded that the Committee recommend to the City Council approval of the ZBA recommendation to grant variations to permit retention and conversion of the rear building into a single-family dwelling and conversion of the front building from a single-family dwelling to a two-family dwelling. Ald. Warshaw stated that she would support the motion but was not in favor of the general policy of converting single-family units into multi -family structures. however, since the Aldermen of the ward supported the request and the zoning of the area allowed for such request she would vote in favor of the motion. Mr. Steven Wilcox, applicant, was present and in response to a question from Ald. Nelson stated that it was his intent to paint and refurbish the exterior of the project in a manner complimentary to the area. Ald. Brady observed that her review of the ZBA transcript indicated that Mr. Wilcox did an excellent job of presenting the petition to the ZBA. Ald. Brady also stated that she had been in contact with Aldermen Collens and Wold who viewed the site and had no objections. The Committee voted 6-0 to introduce Ordinance 22-0-90 granting variations for 2702 Prairie. Docket 53-3A-90, Ordinance 18-0-90, Amending Section 9-5-23(C) of the City Code, re Noise Prohibition. Ald. Warshaw moved and Ald. Nelson seconded that the Committee recommend to the City Council amendments to Section 9-5-23(C) of the City Code to extend the hours of construction and repair of buildings to include Saturdays from 8:00 a.m. to 4:00 p.m. Ald. Nelson moved and Ald. Morton seconded to amend the motion to extend the hours of construction on Saturday to 5:00 p.m. Ald. Warshaw accepted the amendment. The Committee voted 6-0 to extend the Saturday hours for construction from 8:00 a.m.-5:00 p.m. A clean copy of Ordinance 18-0-90 will be provided to City Council at their meeting of March 26, 1990. ADJOURNMENT The meeting adjourned at 8:30 p.m. is lurch 26, 1990 at 7:30 p.m. Staff: Robert/'T. liudd 70(1/2) The next regular meeting of the P & D Committee DRAFT, NOT APPROVED -2- DRAFT. NOT APPROVED MINUTES Planning and Development Committee March 26, 1990 Room 2403 - 7:30 P.H. Ald. Present: S. Brady, J. Korshak, L. Morton, J. Rudy and R. Warshaw Ald. Absent: J. Nelson Staff Present: J. Wolinski, D. Rasmussen, C. Powers, E. Szymanski, D. Carter and R. Rudd Presiding Official: J. Rudy Minutes of March 12. 1990. Ald. Warshaw moved and Ald. Brady seconded that the Committee approve the minutes of the Planning & Development Committee meeting of March 12, 1990. Ald. Warshaw moved that the minutes be amended on page 2, paragraph 4 to reflect that the Alderman referenced was Ald. Wollin and not Wold. Chairman Rudy also moved that the minutes be amended on page 2, first paragraph, second line to read position as a member of the Northern Illinois Conference of United Methodist Churches." The Committee voted 5-0 to approved the minutes as amended. COMMUNICATIONS None OLD BUSINESS Docket 21-19-90, Ordinance 8-0-90, ZRA 89-11-SU(R) re Special Use for 640 Pitner Avenue. Ald. Warshaw moved that the Committee recommend to City Council granting of a special use to permit retention of a building addition on the premises classified as a junk yard. Ald. Warshaw stated that she agrees to support the special use request if an agreement can be reached between the City and the applicants for the applicants to pay fines equal to $25.00 per day starting from the day the illegal building addition was discovered. Ald. Warshaw also stated that a condition of approval would be that the building be brought into compliance except for the requirement that it be wheelchair accessible. She stated that her concern was that assurances were needed that the building would be brought -up to code. Chairman Rudy questioned whether the handicapped accessibility code could be waived by the City? Jim Wolinski. Director of Building & Zoning, stated that the City has some latitude but the matter would need to be investigated further. Ald. Brady moved that the Committee hold this matter until staff investigates Ald. Warshaw's questions. Ald. Korshak seconded the motion. In response to a question from Ald. Horton as to whether the City could levy fines or could fines only be levied by courts. Robert Rudd, Director of Housing S Property Services, stated that it appears that P & D Committee - !iinutes " + March 26, 1990 Ald. Warshaw`s approach in gaining an agreement regarding the fines to be paid would take place instead of the City going to court. Rudd stated that unless the appropriate penalities were paid voluntarily, the City would have no alternative but to go to court. The Committee voted 5-0 to hold the matter over pending further staff information. Downtown Forum Update Al Belmonte, Plan Commission Chairman, and a member of the committee regarding the Downtown Forum explained that the original plan was to have the forum in January, 1990. However, in order to develop a process, the forum has been pushed back to June of 1990. Belmonte stated that since the Plan Commission will be looking at long range solutions to some very hard issues, adequate time was needed for proper planning and coordination to ensure a successful and effective event. The Committee thanked the Plan Commission for the update and looked forward to the forum. Docket S2-3A-90. Ordinance 17-0-90, ZBA 89-47-SU(R) re Special Use for 1834 Chicago Avenue. Ald. Brady moved that the Committee recommend to the City Council approval of the special use request minus condition #3 requiring payment in lieu of taxes. Ald. Brady explain her view that she was in favor of the payments in lieu of taxes but since the City currently did not have a policy she felt that it was unfair to apply that requirement to this applicant. Ald. Korshak stated an opposite position based on the fact that several times in the past the City had applied a condition requiring payments in lieu of taxes. Ald. Korshak stated that the reason cases such as this come to the P & D after LBA is for the P & D Committee to address matters such as this. Ald. Korshak stated that he is extremely concerned with the significantly large amount of property that is off of the tax rolls in Evanston. He further stated that it is appropriate for the applicant in this case, and in other similar tax exempt cases, to provide payments in lieu of taxes. Ald. Warshaw stated that though it was unfortunate that the applicant was not aware of this proposed condition prior to the P & D Committee meeting, there - are twenty years of examples where the City had applied a similar condition. Ald. Warshaw noted that at a recent neighborhood meeting regarding the Child Home and Aid Society Project in her ward that she brought up the topic to the applicants and reminded them that they may very well need to make a payment in lieu of taxes. She stated that the applicants in turn stated in public that they would. Ald. Horton questioned how the specific dollar amount was determined in the proposed condition #3. Rudd stated that the amount was based on the assessment of a comparable structure in the area and then the tax formula was applied to arrive at the specific dollar amount. Mr. Paul Arnston, representing the applicant, stated that he did not feel that the E property should be subject to such a payment. Arnston that that the property -2- _ P & D Committee - Minutes March 25, 1990 had been off the tax rolls for approximately twenty years. He further stated that the University Christian Ministry had recently sold property at 1745 Hinman which caused it to be placed back on the tax rolls. He stated that the same happened approximately twenty years ago when the Ministry sold 1738 Chicago Avenue. Arnston further stated that he believes that it is unfair to apply this condition to this specific case since other campus ministries are not providing payments in lieu of taxes. He stated that the applicants felt that since the City cannot require Northwestern University to contribute, the City is now seeking funds from the various ministries. Arnston further stated that the proposed use is compatible with the Zoning Ordinance wants in the area and therefore should be approved. Arnston summarized that if the condition is not dropped, the Ministry cannot afford the payment and would shut down the home, sell to Northwestern University, or refuse to pay the assessment. Ald. Korshak observed that though the City has a legal right to apply a condition such as that proposed, possibly since this has been off the tax rolls for such a significant time it is not appropriate in this instance. Ald. Korshak questioned if by granting this special use without condition #3 Was the City of Evanston being injured? Ald. Korshak moved and Ald. Warshaw seconded that the matter be held in Committee pending receipt of a legal opinion requesting whether tax exempt property that has not been on the tax rolls could be required to make payments in lieu of taxes and is this different from situations where a request is being made for a property to now be removed from the tax rolls? Ald. Warshaw further questioned if a property is removed from the tax rolls, and not needing any zoning relief, what happens if the property comes back for a zoning relief at a later date, and can payments in lieu of taxes be required at that time?, The Committee voted 5-0 to hold this matter over until such time legal opinions are received and any further information by the church applicant is received. Docket 64-3B-90, Families In Transition Program (F.I.T.) re St. Nicholas Parish. Ald. Warshaw moved and Ald. Brady seconded that the Committee recommend to the City Council approval of an agreement with St. Nicholas Parish in conjunction with the Families In Transition Program for the expenditure of a maximum of $12,000 over a twenty-four (24) month period. Ald. Korshak stated that the detailed material requested by Ald. Rainey at a previous City Council meeting has been supplied without damaging the confidentiality of the applicants. The Committee voted 5-0 to recommend to City Council approval. Plan Commission Annual Report. The Committee received the 1989 Annual Report from the Plan Commission summarizing the prior year's activities. In response to a question from Ald. Brady, Al Belmonte, Chairman of the Plan Commission, stated that the Plan Commission, through its staff, has been involved With both the Levy Center P & D Committee - Minutes March 26, 1990 question and the Library proposal. Ald. Brady urged continued involvement by the Plan Commission in these two important issues. In response to a question from Ald. Korshak, Belmonte stated that the Plan Commission was only limited in its accomplishments by time. Ald. Brady questioned what was meant by the reference to a prototype entrance sign to the City? Dick Carter, Planning Director, stated that the Special Sign Committee has been developing such a prototype to place at various locations and photograph to get a better perspective of what the final entrance signs would look like. Carter stated he expects to be able to bring this matter back to the Committee in a few weeks. The Committee thanked the Plan Commission representatives for all of their work over the past year and requested continued service. Docket 65-38-90, Plat of Consolidation re 2748 Greenbay Road. Ald. Horton moved and Ald. Brady seconded that the Committee recommend to City Council approval of a request for a plat of consolidation for the Dominick's Grocery Store parcel. The Committee voted 5-0 to approve. Docket 66-38-90. Plat of Resubdivision re 2520 Gross Point Road. Ald. Warshaw moved and Ald. Morton seconded that the Committee recommend to City Council approval of a plat of resubdivision for the elderly housing project at 2520 Gross Point Road. The Committee voted 5-0 to recommend approval. Docket 53-3A-90, Ordinance 18-0-90. Amending Section 9-5-23(C) of the City Code, re Noise Prohibition. Ald. Brady asked that this matter be briefly discussed since the extension of the contractors hours to work on Saturdays was previously introduced at City Council and is currently on the City Council consent agenda for adoption on March 26, 1990. Ald. Brady stated that in light of the receipt of a letter from a local general contractor objecting to the expansion of the hours, the Committee may wish to consider holding the ordinance in Committee or at least amending the starting time from 8:00 a.m. to 9:00 a.m. on Saturdays. In response to a question from the Committee Rudd indicated that the staff had not seen the letter in question. After a brief explanation by staff supporting the proposed amendment, Ald. Brady moved and Ald. Warshaw seconded that the matter be held in Committee to provide staff time to respond to the letter in question. Docket 67-3B-90, Ordinance 26-0-90, ZBA 89-32-V(R) re Variation for 400-14 Davis Street. Ald. Rudy provided background to the Committee regarding the request of the Georgian Home for installation of a parking lot for 16 passenger vehicles on adjacent property. The use variation is necessary since an automobile parking -4- P & D Committee - Minutes March 26, 1990 lot (in an R1) serving a use in the higher density R7 District is not permitted per the Zoning Ordinance. Ald. Horton moved and Ald. Warshaw seconded that the Committee recommend to City Council approval of the use variation request. Chairman Rudy stated that he will ask the Committee to hold this matter over until the Committee receives legal opinions which he has already requested from the Legal Department pertaining to the zoning status of the subject site of the proposed parking area. More specifically, Chairman Rudy stated that he is concerned with the staff interpretation of the current use of the subject site and its conforming, or nonconforming status. Ald. Warshaw stated that her reading of the transcript caused her to drive the alley to observe the site. She stated that the alley is lined with garages or parking for all of the nearby residential structures and that the use of a portion of the vacant site for parking would not be inconsistent with the area. Chairman Rudy stated that he lives in the area and that personal observation finds that there is not an on -street parking problem. Ald. Brady stated that she lives within 1 112 blocks of the Georgian and has over time received tails from area residents complaining of the lack of parking on -street who now stated at the ZBA hearing that there is ample on -street parking and no need for the off-street parking lot. Ald. Brady further questioned staff as to the reference to the parking lot illegally installed by the nearby Mather Home? Dave Rasmussen, Assistant Director of Zoning, stated that in the past an illegal parking lot was installed by the Mather Home. At some point in the past the City stopped the Mather Home from using the lot by having it chained -off. Rasmussen stated that the City once more received complaints from the area residents that the Mather Home had reopened the lot and that once more the City has caused it to be closed. Ald. Brady stated that her point is if the request for the Georgians is granted, the City can probably expect the Mather Home to come in for a request to utilize the Illegally installed parking lot. Mr. Ed Vanneman Jr., representing the Georgian, reminded the Committee that the Georgian was on the tax rolls and was owned by its residents. He stated that the Georgian was different than the Mather Home in that respect. Mr. Austin Cole, representing nearby homeowners, stated that the ZBA approved the variation in blatant violr-tion of the City's zoning laws. Cole stated that the ZBA did not act in an responsible manner during the hearing and in its approval of the use variation request. Due to the lateness of the hour the Committee voted 5-0 to hold the matter over until receipt of the legal opinions requested by Chairman Rudy. ADJOURNMENT The meeting adjourned at 8:55 p.m. The next regular meeting of the P & D Committee is Wednesday, April 11, 1990 at 7:30 p.m. Staff: 4obert T: Rudd 70(1/5) -5- DRAFT, NOT APPROVED f DRAFT, NOT APPROVED MINUTES Planning and Development Committee Wednesday, April 11, 1990 Room 2403 -- 7:30 P.H. Ald. Present: S. Brady, J. Korshak, L. Morton, J. Nelson, J. Rudy and R. Warshaw Ald. Absent: None Staff Present: J. Wolinski, D. Rasmussen, C. Powers, E. Szymanski, J, wolfensperger and R. Rudd Presiding Official: J. Rudy Minutes of March 26, 1990. Ald. Warshaw moved and Ald. Nelson seconded that the Committee approve the minutes of. the Planning & Development Committee meeting of March 26, 1990. Chairman Rudy moved that the minutes be corrected on page 5, paragraph 2 to reflect that the Committee vote was 4-0-1 (Ald. Rudy abstaining). The Committee voted 6-0 to approved the minutes as amended. COMMUNICATIONS ZBA 89-50-(F). Final Rehearing Decision re 1620 Asbury Avenue. Ald. Warshaw stated that procedurally she found the decision confusing. She questioned whether this item might came back :o the P & D Committee? Dave Rasmussen, Assistant Director of Zoning, explained the Zoning Board of Appeals action and stated it was possible the matter might come back to the P & D Committee if the applicant filed for a new hearing before the ZBA. Ald. Brady requested that the Zoning Commission, in the drafting of a new Zoning Ordinance, clarify the rehearing procedures. NEW BUSINESS Docket 91-4A-90, Ordinance 31-0-90, ZBA 90--1-SU(R) re Special Use for 1113-19 Emerson Street. Ald. Nelson moved and Ald. Brady seconded that the Committee approve the request for a special use permit to establish a type 2 (Dominos) restaurant. Ald. Brady had several questions regarding the center as a whole. She questioned where the restaurant would be located in the center and whether there would be other type 2 restaurant requests at this site. Ald. Warshaw stated that Domino's historically has had traffic problems due to the delivery policy and dealing with oftentimes younger drivers who speed in order to not be penalized for late delivery. Aid. Warshaw also stated that she would oppose the request since the owner of Domino's Incorporated provides dollars to extreme, right wing causes. Kevin Rielley, Attorney for the P & D Kinutes Wednesday, April 11, 1990 applicant, stated that the Domino's Restaurant is proposed to be located in space 1G as depicted on the site plan (first story, retail building). Ald. Rudy questioned the absence of a rear door at the building? Rielley stated that this was simply because of security. Rielley stated that there was no need to have a rear door and all deliveries would come through the front door. in response to earlior concerns by Committee members with respect to Intrusion of a fast food rostaurant in the area, Ald. Horton stated that north of this site, on the corner of Garnet Place and Ridge Avenue, a pizza restaurant was previously constructed. .In response to questions regarding traffic, Rielley explained that there would be no left turns on Ridge from the Center and that delivery problems. such as illustrated by Ald. Warshaw, have not been realized in Evanston. He stated that Domino's has had those problems in the past at some other locations but has not had that experience at the two (2) Domino's sites in Evanston. In response to additional questions, Rielley stated that some spaces have been leased to a cleaner, a convenience food store and a video store. Ald. Brady stated that she is concerned with the late hours (11:00 a.m. to 1:00 a.m, Sundays through Thursday; and 11:00 a.m. to 2:00 a.m. Friday and Saturday). Rielley stated that the hours are standard for the Domino's operation and that only the Crafword Avenue store has slightly cut -back hours to appease the neighborhood. Ald. Horton stated that since this is not a residential area that this type of operation should not cause a problem. Ald. Brady stated that because this site is so close to the Research Park, she is concerned that there will be future requests for additional type 2 restaurants. Staff explained that any type 2 restaurant would require a special use hearing before the ZBA and ultimate review by the P& D Committee and approval by the City Council. Ald. Brady stated that she would support this special use request but would urge the ward Aldermen and neighbors to be concerned with a proliferation of additional type 2 restaurants in this center. Chairman Rudy reminded the Committee that a standard for granting special uses is to measure the number of other similar uses in the area. The Committee voted 5-1 to recommend to City Council introduction of Ordinance 31-0-90 to grant a special use for a type 2 restaurant. Voting May: Ald. Warshaw. Docket92-4A-90, Ordinance 32-0-90, ZBA 89-36-SU(R) or T(F) re Special Use for 2118 Central Street. Ald. Nelson moved and Ald. Brady seconded that the Committee recommend to City Council to grant a special use to permit retention of a type 2 restaurant at 2118 Central Street. Ald. Warshaw expressed concern in that this restaurant was originally allowed as a type 1 restaurant but then. maybe innocently, but nonetheless converted to a type 2 without seeking prior zoning approval. The Committee voted 6-0 to recommend to City Council to grant approval of the special use permit and introduce Ordinance 32-0-90. !P-a P & D Minutes Wednesday, April 11, 1990 Docket 90-4A-90, Plat of Consolidation ro NU/Evanston Research Park - 1019-35 University Place. Ald. Horton moved and Ald. Brady seconded that the Committee recommend to the City Council approval of a request for a plat of consolidation at 1019-35 University Place. The Committee voted 6-0 to recommend approval. OLD BUSINESS Docket 52-3A-90, Ordinance 17-0-90, ZBA 09-47-SU(R) re Special Use for 1834 Chicago Avenue. Chairman Rudy explain that a request from the applicant has been made to continue this matter to the April 23, 1990 meeting since the applicant's representative cannot be in attendance at this meeting. The Committee voted 6-0 to continue this matter. Docket 67-38-90, Ordinance 26-0-90, ZBA 89-32-V(R) re Variation for 400-14 Davis Street. Chairman Rudy explain that he would turn the chairmanship over to Ald. Nelson for this matter. Ed Pabst, area resident, was provided an opportunity to address the Committee in opposition to the variation request to permit installation of a parking lot for 16 vehicles. Mr. Pabst stated that he opposed the recommendation based on his opinion that the ZBA did not follow the various standards set forth to grant such a request. Pabst further stated that the ZBA was recommending allowing an Rl zoning district to be utilized for parking for an adjacent multi -family use which is inherently bad. Pabst went on to explain that the applicant never established hardship but only a mere inconvenience. Pabst continued to cite testimony from the transcript regarding parking in the neighborhood. Pabst stated to the Committee that the traffic study made by the applicant was conducted before the Church/Chicago parking garage was open. Since the parking garage has been open for several months, there has been a further increase in the availability of on -street parking. Pabst distributed to the Comm ittee a survey that he conducted and referred to an exhibit depicting various distances from on -street parking to the Davis Street entrance of the Georgian. In addition to the lack of finding hardship, Pabst stated that the applicant did not prove this was a unique situation since the neighboring Mather Home was very similar in nature. Pabst also stated that the applicant did not prove that the use would not alter the character of the neighborhood which both the Southeast Evanston Association and the Preservation League have stated that such an intrusion of a parking lot in an R1 would change the character, -3- P & D Minutes Wednesday, April 11, 1990 In response to Mr. Pabst's allegations that the ZBA acted illegally or improperly with respect to applying the Zoning standards, Ald. Morton questioned whether a legal opinion was needed or what other actions should be taken? Ald. Nelson stated that the Committee could remand this matter back to the ZBA based on new evidence. Ald. Kornhak observed that it was possible that the ZBA and Mr. Pabst heard the same facts but reached different conclusions which would not be an illegal matter but simply one of disagreement. Ald. Rudy stated that he hap discussed with both representatives of the Georgian and the neighborhood the possibility of tabling this action until the last meeting of lurch, 1991 to allow for additional studies and a resident only parking district (ROPD)to be established. Ald. Rudy explained that the time period of March, 1991 was arrived at based on the Legal Department's opinion that the action could not be tabled beyond the life of the current composition of the P 6 D Committee which may change in April, 1991. Ald. Rudy further explained that the purpose of his proposal is to find a permanent solution during the next several months which may satisfy both the needs of the Georgian and the concerns of the neighborhood. Ald. Rudy stated that he has spoken with David Jennings, City Traffic Engineer, and confirmed that something like this limited resident only parking district has been done in the past ton Washington Street). Mr. Ed Vanneman, attorney for the Georgian, stated that his client would agree to tabling this matter and allowing additional study to be conducted over the next several months. Ald. Nelson suggested that this matter be brought off the table at the first meeting in January so that ample time can be made available to hear this issue over several meetings, if needed. Ald. Brady questioned action regarding the illegally established five (5) parking spaces that came to light during the hearing? Rasmussen stated that the City would take no action since it had a zoning case pending. Ald. Rudy stated that the use of the illegally installed spaces would be part of the negotiation with the neighborhood and Georgian. Ald. Rudy moved and Ald. Warshaw seconded that the matter be tabled until the first meeting of January, 1991. The Committee voted b-0. ADJOURNMENT The meeting adjourned at 8:30 p.m. The next regular meeting of the P & D Committee is April 23, 1990 at 7:30 p.m. Staff: Robeet T! Rudd 70(1/4) DRAFT, NOT APPROVED _ -4- DRAFT. NOT APPROVED Ald. Present: Ald. Absent: Staff Present: Presiding Official: MINUTES Planning and Development Committee Wednesday, April 23, 1990 Room 2403 - 7:30 P.H. S. Brady, J. Korshak, L. Morton, J. Nelson, J. Rudy and R. Warshaw None D. Rasmussen, K. Brenniman, P. Slawkowski, J. Wolfensperger and C. Powers J. Rudy R�uL II Minutes of tfartt-26. 1990. Ald. Brady moved and Ald. Warshaw seconded that the Committee approve the minutes of the Planning A Development Committee meeting of April 11, 1990. Chairman Rudy amended the minutes on page 1 to add to Ald. Warshaw's comment that "the owner of Domino's Incorporated provide dollars to extreme right wing causes" to include particularly pro -life causes. Ald. Warshaw accepted the amendment. The Committee voted 6-0 to approve the minutes as amended. COMMUNICATIONS Chairmanship Schedule. The Committee accepted the Chairmanship Schedule without comment. ZBA 90-2-V(F). Final Variation Decision re 2124 Dewey Avenue. Ald. Horton stated that the neighbors adjacent to this lot expressed concern regarding the construction of townhouses with five (5) bedrooms. She further stated that only one (1) of the neighbors claim to have received notice of the ZBA hearing. Dave Rasmussen, Assistant Director of Zoning stated that notices were mailed to both sides of the 2100 block of Dewey and legal publication placed in the Evanston Review. Ald. Nelson interjected that delivery of the notice is a courtesy and not required by law. Ald. Horton asked if the neighbors had any recourse. Ald. Warshaw answered that this was a final decision by the ZBA and the only recourse is through the courts. Ald. Brady stated that the ZBA condition defining family should offer protection to the neighbors from occupancy by a large number of unrelated individuals. Ald. Horton asked the size of the five (5) bedrooms. Rasmussen answered that the size of each bedroom varies and also because the plans show a bedroom does not mean the occupants won't use one or more of the designated bedrooms as a study or family room. Ald. Morton requested staff to supply her with a list of addresses to which the notices were sent. if 6 D Minutes April 23, 1990 ZBA 90-3-V(F). Final Variation Decision re 1315 Lincoln Street. Ald. Warshaw stated that the applicant was concise and direct. Ald. Brady asked if this is a situation which may be permissible with administrative review in the new zoning ordinance. Rasmussen replied that he is not sure since the criteria for minor variations has yet to be decided. Communication from Mary Singh. Mary Singh distributed a petition and attached material to the Committee members at the beginning of the meeting. Chairman Rudy asked Rasmussen to update the Committee. Rasmussen replied that two separate complaints were received but reinspection dates have not passed. Ald. Brady asked if an accessory use is limited to employees of the building? Rasmussen replied that the use is limited to employees of the building and those attending classes. Singh stated that some of the vehicles belong to employees but many others are using the lot as parking under a permit from Northwestern. Rasmussen reiterated that the parking can be used for uses associated with the building but not general parking for the University. Ald. Warshaw asked if the University could expand the lot without coming before the City. Rasmussen responded that the City`s records do not show an expansion. Singh showed Committee members pictures of the lot and read from a memorandum sent to Ald. Rudy from staff on March 27, 1989, which stated that "if such an expansion were contemplated, I advised her that it would not be permitted by application of Section 6-10-5(B) of the Zoning Ordinance". Singh claims that three live trees were removed to expand the lot in November, 1988. She continued that it appears that wheelstops were installed without the permission of the Traffic Engineer. Singh requested that the City Manager discuss the situation with representatives of Northwestern University. Ald. Brady stated that the appropriate avenue is not negotiation but rather enforcement of the zoning ordinance. Ald. Korshak agreed with Ald. Brady. Singh concluded that she and the neighbors are concerned for the safety of the children due to the volume of traffic and the garbage and litter left by the persons using the lot. OLD BUSINESS None NEW BUSINESS Docket 109-4B-90, Ordinance 35-0-90, ZAC 89-3, Zoning Amendment re Off -Street Parking Exemption - 1416-18 Brummel. Ald. Warshaw moved and Ald. Brady seconded that the Committee recommend approval of the ordinance as presented to the City Council. The Committee voted 6-0 to recommend approval. -2- P & D Minutes April 23, 1990 Docket 107-4B-90. Public Place Names Committee Report re Lake/Ashland Park. Aid. Warshaw moved, Aid. Korshak seconded approval of the procedure for naming the Lake/Ashland Park. Aid. Brady stated that the idea is novel but raises issues. She asked Mr. Gronnor of the Evanston Friends of the Park to explain how the ten (10) names are selected. Mr. Gronner stated that the names are selected by a committee of representatives of Evanston Friends of the Park and other involved entities. Aftur selection of the tan (10) names, they are forwarded to the Public Place Names Committee to select the final three (3) names. Aid. Brady reiterated that the committee is looking at an exception from the process in this situation and she feels that criteria is needed ao as not to set a precedent. Aid. Korshak indicated that the singular nature of this project makes it an exception. Aid. Warshaw feels that the exception can be made based upon the substantial donated funds and volunteer labor in the development of the park. Ald. Brady stated that she would prefer a formal resolution be presented to P & D and the Council before adopting this recommendation and asked Don Wirth to work with Evanston Friends of the Park In preparing the resolution for the next P & D meeting. Aid. Brady moved and Aid. Korshak seconded holding the item in Committee pending a formal Resolution. The Committee voted 6-0 to hold in Committee until the May 7, 1990 mooting. Docket 108-•4B-90, Plat of Consolidation re Shopping Center 1113-19 Emerson Street. Ald. Brady moved, Ald. Nelson seconded to recommend approval of the plat of consolidation. The Committee voted 6-0 to recommend approval. ADJOURNMENT The meeting adjourned at 8:30 p.m. The next regular meeting of the P & D Committee is May 7, 1990 at 7:30 p.m. Staff : dirl Catherine Powers 70(1/3) DRAFT. NOT APPROVED c -3- , . * DRAFT. NOT APPROVED MINUTES Planning and Development Committee May 7, 1990 Room 2403 - 7:30 P.M. Ald. Present: S. Brady, J. Korshak, L. Morton, J. Nelson and J. Rudy Ald. Absent: R. Warshaw Staff Present: D. Rasmussen, J. Wolinski, E. Szymanski, J. Zendell, C. Powers, D. Wirth, D. Wright, J. Wolfensperger and R. Rudd Presiding Official: J. Nelson Minutes of April 23, 1990. Ald. Korshak moved and Ald. Morton seconded that the Committee approve the minutes of the Planning b Development Committee meeting of April 23, 1990 as submitted. The Committee noted 5-0 to approve the minutes. COMMUNICATIONS ZBA 90-5-V(F), Final Variation Decision re 3200 Park Place. The Committee received without comment. ZBA 90-6-V(F). Final Variation Decision re 911 Crain Street. The Committee received without comment. Ald. Morton thanked Dave Rasmussen, Assistant Director of Zoning, for the additional information he provided regarding the previously transmitted Zoning case at 2124 Dewey. Ald. Morton expressed concern regarding the procedure for obtaining community notification and input. She felt that the community needed some form of education with respect to the zoning hearing process. At the suggestion of the Committee, staff stated that an item regarding zoning hearing procedures would be submitted for the Hsi hlixhts newsletter. OLD BUSINESS Docket 52-3A-90. Ordinance 17-0-90, ZBA 89-47-SU(R) re Special Use for 1834 Chicago Avenue. Ald, Morton moved and Ald. Brady seconded that the special use request to permit conversion of a single-family dwelling into an institutional headquarters be recommended for approval by the P & D Committee and that Condition 3 of Section 1, (requirement for payment in lieu of taxes) be deleted from proposed Ordinance 17-0-90. Ald. Rudy reminded the Committee P & D Committee - Minutes May 7, 1990 that he would refrain from the discussion because his wife is a member of the Northern Illinois Conference of United Methodist Churches. Ald. Korshak stated that he feels strongly that the applicant must pay a fair share for services received. He further stated that only on occasions when tax exempt properties request zoning relief can the City attempt to obtain payment for services rendered. Ald. Brady stated that she favors the motion primarily because the Budget Policy Committee needs to establish a definitive policy rather than a random approach to payments in lieu of taxes. She also stated that she opposes springing this last minute requirement for payment in lieu of taxes on an applicant. She noted that the property has not paid taxes for a number of years and that this is a stereotypical use for a tax exempt status. Ald. Korshak stated that the P & D Committee has brought up similar issues on several occasions at the last minute and applied various conditions to zoning requests. Ald. Korshak further stated that it is because the applicant has had free services for a number of years that it is time now that they begin paying. Ald. Korshak stated that he is willing to adopt a formal policy with respect to payments in lieu of taxes, but feels the payments in lieu of taxes should be applied in this instance. Ald. Brady observed that the Budget Policy Committee has already begun the discussion with respect to payments in lieu of taxes and hopefully will have a recommendation in the not too distant future. Ald. Korshak reminded the Committee that his proposal to apply a tuition tax was discussed between 1980-1990 and is only now being seriously reviewed. Chairman Nelson stated that in March, 1983, the City Council dropped the tuition tax in exchange for Northwestern University's economic development participation in the Research Park and that the tuition tax is only now being recently revisited. There being no further discussion the Committee voted 3-1 and 1 abstention (Ald. Rudy) to recommended to City Council introduction of Ordinance 17-0-90 and deleting Condition 3. Voting Aye: Aldermen Nelson. Brady and Morton. Voting Nay: Ald. Korshak Docket 107- 0 -90, Resolution 31-R-90, Public Place Names Committee Report re, Lake/Ashland Park. Ald. Brady moved and Ald. Korshak seconded that the Committee recommend to City Council adoption of Resolution 31-R-90. Ald. Brady requested that the third "whereas" clause be amonded in the last sentence to add "...because it is a unique project which incorporates significant volunteer time and financial support, and". The Committee voted 5-0 to recommend adoption of the resolution. -2- • P & D Committee - Minutes May 7, 1990 NEW BUSINESS Proposed Reference to ZAC re Evanston Hospital Based Specialists. Ald. Brady moved and Ald. Korshak seconded that City Council refer to ZAC the consideration of amending the zoning ordinance to add a definition and list of "Hospital Based Specialists" in furtherance of the letter of agreement between Evanston Hospital and the City. The Committee voted 5-0 to recommend the reference to ZAC. Docket 117-5A--90, Ordinance 112-0•-89, Arts Council Report re Art in the Construction of Public Buildings. Ron Isaacson, Chairman, Evanston Arts Council Public Art Committee was present and presented a brief overview of the proposed Ordinance 112-0-89. Isaacson explained that the committee tried to make the ordinance as broad as possible to gain acceptance. Ald. Korshak requested that certain changes be made on page 1 of the subject ordinance with respect to changing "humanness" to "humanity" and also questioned what the term "humane environment" meant. The Committee voted 5-0 to direct staff to make those amendments. The Committee also voted 5-0 to direct staff to amend Section 7-16-3 on page 2 of the subject ordinance to add to the first sentence of the subject section the words "such contributions from individuals and corporate entities as may be voluntarily tendered". The Committee then discussed at length various aspects of Section 7-16-4: Public Art Fund - Source of Fund at the bottom of page 2 and the top of page 3 of the subject ordinance. The Committee requested that further clarification be provided with respect to what would be included in the 1% for public art and exactly how that would be calculated. Concern was expressed by the Committee with respect to the last sentence in the aforementioned section as to whether contributions, gifts and or grants would reduce the City's portion of the 1% or would be added to the 1% allocation for public art. The Committee did not reach a consensus with respect to the composition of the 1% for art. Staff was directed to further clarify these sections and bring the proposed ordinance back to the Committee. With respect to a concern expressed by Ald. Rudy regarding the exclusion of architects and non-professional artists. Isaacson explained that architects or other persons could make a contribution of art if they were filling the role of a artist. Several questions from the Committee arose with respect to whether the Committee looked at requiring something other than 1% of the hard -cost to be contributed for public art (i.e. 1/2%). Zendell stated that other ordinances ranged from 1/2% for public art to as much as 2 3/4%. In response to a question from Ald. Morton, Zendell stated that the public art could be located either indoor or outdoor. Chairman Nelson recommended that -3- P & D Committee - Minutes may 7, 1990 the policies attached to the proposed ordinance be incorporated in the ordinance in a manner similar to the Recreation Board procedures for incorporating policies into ordinances. It was the consensus of the P & D Committee that staff provide a revised ordinance in that manner. Chairman Nelson also suggested that the committee strengthen the ordinance with respect to clarifying issues regarding copyrights and moral right. Nelson further stated that the policies addressing affirmative action commitment should be brought in line with recent law. Numerous other issues by the Committee required further clarification and drafting by staff. Due to the lateness of the hour the matter was held -over until such time staff could present responses to the questions raised and a revised ordinance for the Committee. ADJOURNMENT The meeting adjourned at 8:55 p.m. The next regular meeting of the P 6 D Committee is May 21, 1990 at 7:30 p.m. Staff: Mge�/ Robert'T: Rudd 70(1/4) DRAFT, NOT APPROVED -4- DRAFT. NOT APPROVED MINUTES Planning and Development Committee May 21, 1990 Room 2403 - 7:30 P.M. Ald. Present: S. Brady, J. Korshak, L. Morton, J. Rudy and R. Warshaw Ald. Absent: J. Nelson Staff Present: D. Rasmussen, J. Wolinski, E. Szymanski, J. Aiello, C. Powers, J. Asprooth, D. Carter, J. Wolfensperger and R. Rudd Others Present: Ald. Lanyon, Ald. Rainey and Ald. Feldman Presiding Official: J. Rudy Minutes of May 7. 1990. Ald. Korshak moved and Ald. Brady seconded that the Committee approve the minutes of the Planning & Development Committee meeting of May 7, 1990 as submitted. The Committee voted 5-0 to approve the minutes. COMMUNICATIONS Burglary Prevention Ordinance. The Committee requested staff to respond to the points contained in Ald. Lanyon's memo. Ald. Horton also requested that staff identify any faults in the ordinance that may need correction. Aid. Warshaw stated that she feels comfortable with the ordinance though it may need clarification with respect to certain historic preservation issues. Ald. Lanyon stated that he hopes the Committee will discuss this at a future meeting. ZBA 90-9-V(F). Final variation Decision re 2646 Eastwood Avenue. The Committee received without comment. OLD BUSINESS Docket 21-18-90. Ordinance 8-0-90, ZBA 89-11-SU(R) re Special Use for 640 Pitner Avenue. Chairman Rudy stated that the Committee would conduct an executive session at the end of the P & D Committee meeting to discuss the special use for 640 Pitner. P & D Committee - Minutes May 21, 1990 NEW BUSINESS Docket 126-5B-90, Plat of Consolidation re 1000 Central Street. Ald. Horton moved and Ald. Warshaw seconded that the Committee recommend approval of a plat of consolidation for the property at 1000 Central. The Committee voted 5-0-. Docket 127-5B-90, Plat of Rosubdivision re 1805-09 Lemar Avenue. Ald. Norton moved and Ald. Warshaw seconded that the Committee recommend approval of a request from Roger Parris for a resubdivision at 1805-09 Lemar• The Committee voted 5-0. Plan Commission Status Rovort re Downtown Workshop. Ald. Brady stated that she was surprised by the final proposal though not in disagreement with the idea of conducting a workshop. She stated that she was concerned with the proposed Friday date in that Aldermen most likely would not be able to attend. Ald. Brady also expressed concern at the small number of participants expected at the forum (45 maximum) and at the high cost of the program (approximately $22,000). Al Belmonte, Chairman of the Plan Commission, was present and stated that to accomplish as much in the forum/workshop as was necessary, a smaller group was needed so that an intense and productive day could ensue. Belmonte stated that the Plan Commission had enlisted the help of Lambda Alpha, an international land economic fraternity, which would conduct an extensive preliminary study approximately two weaks in advance of the forum. Belmonte stated that the small size was meant to create a more workable group due to the necessity for intense work, and not meant to exclude Aldermen or any other interested parties. Belmonte further stated that the proposed cost was very preliminary in nature and could be expected to be reduced even as much as by 505. He stated that possibly as much as 50% of the cost would be in the form of in -kind services provided by Inventure and Evmark in addition to other entities. Ald. Brady stated that she would be concerned that due to the limited amount of participants and the focus of the group being on downtown interest groups that the findings would be very biased. In response to a question from Ald. Warshaw, Belmonte stated that the targeted people would be a combination of business owners, City Council Aldermen in the form of the City Chamber representatives. members of the Chamber of Commerce, Evmark and Inventure. Dick Carter, Planning Director, stated that the original mission of the Plan Commission with respect to this project was to obtain input from those most impacted by the downtown plan. Belmonte compared this process to the effort put forth in the late 1970's and early 1980's with respect to the Hain Street business area. Ald. Morton stated that she was not troubled by the limited number since, as stated, the day was to be an intense workshop and that all members would be expected to make a contribution. Additionally, she stated that she was not troubled with the Friday date. &a P & D Committee - Minutos May 21, 1990 Belmonte stated that the outcome of the forum would be the drafting of a document which would be forwarded to the P & D Committee and City Council for review. Ald. Brady continued to express concern that many Aldermen will be excluded from the process and that the input obtained from participants would be extremely slanted toward downtown business interests to the exclusion of other important City interests. Belmonte stated that the purpose of the structure is to identify an implementation process and not to exclude Aldermen and other interested parties. Belmonte reiterated that the document product of the forum would be brought back to the City Council. Ald. Korshak stated that he shares some unease with the process as proposed due to the limited Involvement. Belmonte stated that proposals would be advanced at the forum but decisions would not be made at that time. Belmonte stated that at this point it was intended that a group would reconvene in the fall to review the draft document. Ald. Korshak questioned whether a public hearing should be held to air various ideas prior to the forum, rather than conduct a forum first? Joel Asprooth, City Manager, stated that he concurs with the Committee In that the Plan Commission has put forth a lot of work in developing the forum and that the Plan Commission has heard earlier the concerns expressed by the Committee. Asprooth stated that the Committee needed to face -up to the fact that the City may not be able to financially provide any support for the proposed budget. Further, Asprooth stated that the P & D Committee needs to resolve concerns about the structure before process goes forward and to reconcile any misgivings at this time. Chairman Rudy stated that it is his understanding that the goal of the forum is to gather information and input. Ald. Brady stated that she thought the process would be an all day affair, similar to a public hearing, and conducted on a Saturday to allow greater participation. She stated that she agrees with getting downtown business Interests input but not to the exclusion of other participation. She further stated that if the forum proceeded as proposed, she would recommend that a condition be that the forum be self-supporting. Ald. Morton once more stated that she was not troubled with the process. Ald. Morton questioned what other members of the Committee thought was the goal of the forum when originally brought before the Committee? Belmonte stated that he sees the goal of the forum just as Ald. Brady does. Belmonte stated that the list of participants Is not solely limited to downtown interests but will draw from a fairly wide - spectrum. Ald. Warshaw expressed concerns that there is a problem with this type of workshop in that many residents skilled in this type of work will be prohibited from attending and participating. Ald. Brady moved and Ald. Warshaw seconded that the Committee approve the process as outlined by the Plan Commission memo and that the City of Evanston financial support be limited to no more than $1,000. Ald. Korshak recommended that an amendment to the motion be approved to provide that the City would expend no more than $2,000. The makers of the motion approved the amendment and the Committee voted 5-0 to approve the motion. -3- P & D Committee - Minutes May 21, 1990 Sign Committee Reoort re Review of Entrance -Way Signs. Dick Carter provided a slide review for the Committee showing before and after settings with respect to sign removals. Some of the slides also highlighted a mock-up of the proposed monument sign for various entrances to the City. Carter reviewed with the Committee different structures and materials that were considered by the Sign Committee. Ald. Morton stated that she particularly liked the metal sign that was erected at the McCormick/Emernon Intersection. Ald. Brady commended the committee for its find work in the design of the various signs but expressed concern with the lack of pronounced visibility of the engraved lettering on the proposed limestone monument sign. Asprooth stated that engraved limestone does not serve the purpose and that most often it is not readable. He expressed a preference of a metal sign displayed by the Special Sign Committee. Carter stated that the engraved sign can be highlighted through pigments in the etchings and that the monument signs probably would be limited to a maximum of six or seven signs. Ald. Warshaw stated that the Committee needs to obtain a final cost before a vote can be taken. Ald. Brady moved and Ald. Warshaw seconded that staff draft a resolution with respect to approving replacement of the existing green City of Evanston signs with the proposed brown and bronze signs. The Committee voted 5-0 to direct staff to draft the subject resolution. Ald. Brady moved and Ald. Warshaw seconded that the Committee hold the matter with respect to the monument sign in Committee and that the Special Sign Committee seek help from various Garden Clubs and other organizations to donate landscaping to hold down the cost. The Committee also directed staff to provide more definitive costs with respect to the monument signs when the matter came back to the Committee. The Committee voted 5-0 on that motion. Docket 128-SB-90. Ordinance 45-0-90, ZBA 89-49-PD(R) re Planned Development for 826 Ridge and 1107 Washington Street. Ald. Warshaw moved and Ald. Morton seconded that the Committee recommend to the City Council approval of a special use request for a planned development to permit redevelopment of the child care institution facilities at 826 Ridge Avenue and conversion and development of the property at 1107 Washington Street for a child care institution use. Ald. Warshaw stated that in various meetings with the applicant and the neighborhood the applicant has done a most admirable job in attempting to meet all concerns of the neighbors. She cited adjustments with respect to parking and facade concerns. Ald. Warshaw stated that the alley would need to be vacated in order to make the project work, and though all neighbors were not satisfied, it was in the best interest to approve the alley vacation. Chairman Rudy noted that the alley vacation (Ordinance 50-0-90) originally placed on the P & D Committee agenda was being addressed in the Administration & Public Yorks Committee meeting tonight and that any approval with respect to Ordinance 45-0-90 should be contingent upon the approval of the alley vacation. w- -4- P & D Committee - Minutes 'May 21, 1990 With respect to the issue of payments in lieu of taxes, Aeprooth stated that the current proposal calls for the removal of one property (11.07 Washington Street) from the tax roll. He stated that since the Committee did not accept the recommendation regarding the payment in lieu of taxes on 1634 Chicago Avenue, the staff has not recommended a similar condition for this applicant. The Committee discussed briefly the condition placed on the applicant by the Zoning Board of Appeals that a single family home at 1107 Washington be demolished once the project is completed (within five years). Ald. Brady questioned whether the applicant agrees with the condition and if not Why shouldn't the building be demolished? Robert Best, attorney for the applicant, stated that the owners would prefer to keep the house or at least revisit the demolition issue after the five year build -out period. He stated that the applicant has a use for the building during construction and after completion. He stated that the single family house would provide a transition area from the institutional use to the neighboring single family. Ald. Warshaw reminded the Committee that the concern expressed by the Zoning Board was that the home should be demolished and utilized for parking (seven parking spaces). Ald. Feldman was present and stated that he concurs with the comments made by Ald. Warshaw with respect to the approach by the applicant. He stated that this should be a model for excellent relationship between an applicant and the community. He stated that even though there was not unanimity in the community for all aspects of the project, he believes the community strongly supports the proposal. A neighbor at 1207 Washington, Allen Yngve, recommended that the Committee not allow the condition for demolition to be eliminated from the ordinance. He stated that the area would be needed for parking. Chairman Rudy stated that he agrees with the ZBA condition and would not support it removal. The Committee voted 5-0 to recommend to City Council approval of the planned development as approved by the ZBA. An objector, Sheryl Ferraro, was present and expressed objection to the proposal with respect to paving of the alley, set -backs, and concerns about the loading-dock/garbage receptacle location Docket 130-5B-90, Ordinance 51-0-90, ZBA 90-4-SU(R) re Special Use for 1029-35 Davis Street. Ald. Brady moved and Ald. Horton seconded that the Committee recommend to the City Council approval of a special use permit for the establishment of a type 2 restaurant at the subject address. Questions arose regarding the 15% carry -out requirement discussed by the ZBA. Dave Rasmussen, Assistant Director of Zoning, stated that though the Board discussed this matter they did not wake it a part of the various conditions to be applied to the applicant. The Committee voted 5-0 to recommend approval of the subject ordinance. The Committee convened into executive session. ADJOURNMENT The meeting adjourned at 9:00 p.m. The next regular meeting of the P & D Committee is J 11, I9,01 aatt�7:30 p.m. Staff: ��•��+�1 Robert V. Rudd 70(1/5) -5- DRAFT. NOT APPROVED DRAFT. NOT APPROVED MINUTES Planning and Development Committee June 11, 1990 Room 2403 - 7:30 P.K. Ald. Present: S. Brady, J. Korshak, L. Morton, J. Nelson, J. Rudy and R. Warshaw Ald. Absent: None, Staff Present: T. Linkowski, J. Wolinski, K. Brenniman, D. Wirth, C. Powers, J. Zendell and R. Rudd Presiding Official: J. Nelson l Minutes of May 21„ 1990. Ald. Korshak moved and Ald. Warshaw seconded that the Committee approve the minutes of the Planning & Development Committee meeting of May 21, 1990 as submitted. The Committee voted 5-0 to approve the minutes (Ald. Morton absent). COMMUNICATIONS ZBA 90-10-V(F). Final Variation Decision re 719 Judson Avenue. The Committee received without comment. ZBA 90-12-V(F). Final Variation Decision re 930 Elmwood Avenue. The Committee received without comment. ZBA 90-13-V(F). Final Variation Decision re 1208 South Boulevard., The Committee received without comment. OLD BUSINESS Commercial Property Maintenance Code. Ald. Brady questioned staff with respect to the application of the Oak Park Commercial Property Maintenance Code. Specifically, Ald. Brady questioned whether the Fire Department in Oak Park was trained in the area of Commercial Property Maintenance Inspection. Catherine Powers, Director of Housing Rehabilitation & Property Maintenance, stated that she was informed by representatives of Oak Park that the Fire Department was trained in Commercial Property Maintenance Inspection and that the Fire Department provided the follow-up (letters, deficiency notices, court appearances). Ald. Warshaw expressed concern that, according to the Oak Park Ordinance, it was possible that an innocent business person could have their respective license endangered by a violation of a landlord. She stated that she would not like P & D Committee - Minutes June 11, 1990 to see the business licenses of merchants placed in Jeopardy due to violations not corrected by the landlord. Tom Linkowski, Division Chief/Fire Prevention, stated that for the pest several years the Fire Prevention Bureau of the Fire Department has directed most of its resources to housing inspections in an effort to bring tho housing stock up to acceptable Fire Prevention standards. He stated that though housing inspections have been the priority, the Bureau does inspect commercial properties. In a response to a question from the Committee, Linkowski stated that the Bureau does not inspect specific plumbing Issues or complex "Jectrical problems. Linkowski stated that when the Bureau encounters electrical and plumbing problems, the Building Department's Inspectors are notified. Ald. Rudy speculated that many buildings in the Commercial areas of the City have gone through remodeling over the past many years due to the change of uses and that in those instances numerous changes are made to the various building systems necessitating the need for a building permit and inspections. Therefore, would not many of the buildings be modernized? Jim Volinksi, Director of Building & Zoning, stated that Ald. Rudy was correct with respect to the significant amount of upgrade going on in various commercial properties. Ald. Warshaw observed that due to vacancies in commercial properties, there should be a market place factor that requires the landlords to maintain their property in order to obtain tenants. Ald. Rudy suggested that the Committee obtain additional staff input with respect to the general knowledge about the basic conditions of commercial buildings with respect to electrical, plumbing and HVAC. Ald. Morton questioned whether staff time should be allocated to doing this research if the Committee is not supportive of a Commercial Property Maintenance Code? Ald. Korshak observed that deterioration takes place over 20-25 years and that maintenance is necessary. Ald. Korshak further stated that the City does not know of a hazard since it has not inspected the properties. Chairman Nelson directed staff to attempt to quantify the problem With respect to the condition of commercial buildings, if possible. Chairman Nelson stated that a cost benefit analysis was not required at this time but may be in the future if the City elects to further explore a Commercial Property Maintenance Code. The matter was held -over to a future P & D Agenda upon receipt of staff information. Docket 117-5A-90, Ordinance 112-0-89, Arts Council Report re Art in the Construction of Public Buildings. Ald. Morton moved and Ald. Rudy seconded that the Committee recommend to City Council introduction of Ordinance 112-0-89. Ald. Morton questioned whether on page 2, Section 7-16-3, the ninth line should read "display, and maintenance" and thus delete the words "and/or". It was the consensus of the Committee to direct staff to make such amendment. Ald. Morton further questioned Section 7-16-4 (page 3) with respect to the last sentence addressing "gifts and grants". The Committee entered into a lengthy discussion with respect to the meaning of the last sentence of Section 7-16-4 as to whether the wording was properly indicative of the intent of the Committee with respect to the 17. -2- VK77 .14 P & D Committee - Minutes June 11, 1990 allocation for public art and whether that could be offset with gifts and grants. The conclusion of the discussion was that the sentence should remain as proposed. Ald. Brady suggestod that the introduction on page 1 of Exhibit A be deleted. It was the consensus of the Committee to delete the subject section. With respect to Section 7-16-5 (a)(1), the Committee directed staff to amend that section to read "Additional qualifications for future appointment to the Public Art Committee;" Ald. Brady expressed an earlier concern with respect to the issue of control of various aspects of the ordinance in addition to the cost to the City of Evanston and its impact on the Capital Improvement Program. In response to concerns from the Committee, Joe Zendell, Director of the Noyes Cultural Arts Center, stated that tho Capital Improvement Program does anticipate this ordinance. Ald. Brady observed that though that may be the case, only "necessary" projects aro approved and those categorized as "desirable" are put -off due to lack or funding. Ald. Rudy recommended that the City Manager provide the Committee with some feedback with respect to the impact of the percent of art in public projects on the CIP. After a brief discussion, Chairman Nelson recommended that both the City Manager and the Administration & Public works Committee provide input, with respect to the impact on the CIP since the CIP will be reviewed by the Administration & Public Works Committee in the summer of 199o. Ald. Morton also requested that the communication to the Administration & Public Works Committee indicate that the P & D Committee, at an earlier meeting, has indicated support for the percent of art in public buildings. The matter will be held -over pending receipt of comments from the City Manager and Administration & Public Works Committee. Docket 21-1B-90, Ordinance 8-0-90, ZBA 89-11-SU(R) re Special Use for 640 Pitner Avenue. Ald. Warshaw moved and Ald. Brady seconded that the Committee recommend to City Council denial of a special use permit for the retention of a building addition on premises classified as a junk yard. The Committee voted 6-0 to deny. Docket 135-6A-90, Evanston/Glenbrook Hospitals re Temporary Sign Requests. Ald. Brady moved and Ald. Warshaw seconded that the Committee recommend approval of a request by the auxiliary of Evanston/Glenbrook Hospitals to erect three (3) temporary signs advertising and directing patrons to the American Craft Exposition. The Committee voted 6-0. Docket 136-6A-90, Kendall College re Request for Tent Permit. Ald. Warshaw moved and Ald. Brady seconded that the Committee approve a request from Kendall College for permission to erect a tent for a Bastille Day Celebration on July 11 and July 12. 1990. The Committee voted 6-0 to approve the tent permit. -3- P & D Committee - Minutes June 11, 1990 Clarification of Policv re Naming Room in Levv Center. After a'brief discussion, Ald. Brady moved and Ald. Warshaw seconded that the matter of naming rooms be left up to the various commissions as long as the commissions have developed criteria for naming rooms. The Committee 6-0 to approve that policy. Docket 134-6A-90. Plat of Subdivision re 2424 Oakton Street. Ald. Norton moved and Ald. Rudy seconded that the Committee recommend a conditional approval of a plat of subdivision at 2424 Oakton Street. The request is conditioned upon the approval of the variation pending before the Zoning Board of Appeals. The Committee voted 6-0. Burglary Prevention Ordinance The Committee reviewed a memorandum from staff dated, June 4, 1990, with respect to clarification and issues involved with the Burglary Prevention Ordinance. Ald. Brady expressed a preference not to amend the ordinance, but to provide a procedural manual if that would suffice. Ald. Rudy stated that he was strongly against changing some of the aspects of the ordinance such as the section regarding lighting. Ald. Rudy suggested that a chart or graph be developed to better clarify the lighting problem rather than changing the measurement to wattage versus foot candles. The Committee posed to the staff various questions regarding areas of concern such as the burglary preventative glazing (lexan) and other issues. Linda Buch, Vice President of EPOA, stated that their organization has received a number of complaints and questions from landlords. She stated that the major concerns are that the landlords do not know how to comply, the cost to comply, and that they feel, in some instances, safety is being compromised due to provisions of the ordinance. After a brief discussion, EPOA was requested to submit to staff in writing, within twenty-one (21) days, the specific areas of concerns expressed by members of EPOA and also to suggest methods for clarification With respect to the ordinance. The Committee indicated that it was not interested in a discussion of the merits of the ordinance, but was attempting to reach an agreement with EPOA with respect to proper direction and how to meet the existing ordinance. ADJOURNMENT The meeting adjourned at 9:00 p.m. The next regular meeting of the P & D Committee is June 25, 1990 at 7:30 p.m. Staff: Robert 'T. Rudd 70(1i4) DRAFT. NOT APPROVED -4- DRAFT, ()T ;APPROVED MINUTES Planning and Development Committee June 25, 1990 � -- Room 2403 - 8:30 P.M. Ald. Present: S. Brady, J. Korshak, L. Morton, J. Rudy and R. Warshaw Ald. Absent: J. Nelson Staff Present: R. Rudd Presiding Official: J. Rudy N Minutes of June 25. 1990. Ald. Korshak moved and Ald. Warshaw seconded that the Committee approve the minutes of the Planning & Development Committee meeting of June 25j/ 1990 as submitted. The Committee voted 4-0 to approve the minutes (Ald. Morton absent). COMMUNICATIONS Chairmanship Schedule. The Committee received the chairmanship schedule. Ald. Korshak indicated that he would be absent for the July 23, 1990 tweeting. OLD BUSYNESS None NEW BUSINESS Docket 155-6B-90, Plat of Consolidation re 1201-15 Dodge Avenue and I821-23 Crain Street. Ald. Korshak moved and Ald. Warshaw seconded that the Committee approve a request for a plat of consolidation at 1201-15 Dodge Avenue and 1821-23 Crain Street. The Committee voted 5-0 to recommend approval of the plat of consolidation. Docket 156-6B-90, Plat of Consolidation re 1022 Ridge Avenue. Ald. Warshaw moved and Ald. Horton seconded that the Committee recommend to the City Council approval of the plat of consolidation at 1022 Ridge Avenue. The Committee voted 5-0 to recommend approval of the plat of consolidation. P & D Committee w Ninutos June 25, 1990 Chairman Rudy indicated that the Police Services Committee ask that he bring to the P & D Committee a possible reference regarding zoning implications for regulating dog runs. After a brief discussion by the Committee with respect to the particular situation and the ramifications of the zoning city-wide, the Committee agreed that tho matter was not one for the P & D Committee but would be referred back to the Police Services Committee. ADJOURNMENT The meeting adjourned at 8:50 p.m. The next regular meeting of the P & D Committee is July 9, 1990 at 7:30 p.m. Staff: *obart -V udd 70(1/2) -2- DRAFT, NOT APPROVED - DRAFT. NOT APPROVED Ald. Present: Ald. Absent: Staff Present: Presiding Official: MINUTES Planning and Development Committee July 9, 1990 Room 2403 - 8:30 P.M. S. Brady, J. Korshak, J. Nelson, J. Rudy and R. Warshaw L. Morton R. Rudd J. Korshak Lyme is Minutes of July S. 1990. Ald. Warshaw moved and Ald. Rudy seconded that the Committee approve the minutes of the Planning & Development Committee meeting of June 25, 1990 as submitted. The Committee voted 5-0 to approve the minutes. COMMUNICATIONS ZBA 90-19-V(F), Final Variation Decision re 2424 Oakton Street. Ald. Brady questioned whether the issues raised by some ZBA members regarding the subdivision ordinance should be a subject of the P & D Committee or would they be addressed in the new zoning ordinance?. Rudd indicated that the current provisions are quite limited in scope as contained in the Municipal Code and that most of the issues regarding subdivisions have been and will be addressed further in the proposed zoning ordinance. ZBA 90-11-V(F), Final Variation Decision re 633 Sheridan Square. The Committee received without comment. 2BA 89-48-V(F). Final Variation Decision re 1624 Brummel Street. Ald. Warshaw observed, as she indicated on an earlier case that it should be a model for future ZBA cases due to the applicants preparation, the case at 1624 Brummel should be an example of exactly what not to do with respect to presenting the case before the ZBA. ZBA 90-18-V(F). Final Variation Decision re 902 Asbury Avenue. The Committee received without comment. ZBA 90-14-V(F), Final Variation Decision re 1022 Ridge Avenue. The Committee received without comment. Evanston Preservation Commission re Recommendations for Improving the Planned Unit Development Ordinance. Ann McGuire, an associate member of the Preservation Commission, was present and responded to questions from the Committee regarding the Preservation Commission's recommendations for improving the PUD Ordinance. Ald. Warshaw expressed concern with respect to increasing the current 30-dap review period P & D Committee Minutes July 9, 1990 to a 90-day review period as contained in recommendation #2. She felt that this increased time period would create a chilling effect on a developer. McGuire stated that the PUD is an on -going process and hoped that the period would not take 90-days and that discussion would take place during thin period. Chairman Korshak observed that recommendation #1 would seem to address the issues which were raised in the Cove School PUD regarding the prospective buyers not being informed by the developer of the agreements the developer earlier made with the City. In that situation the developer blamed the City for not allowing him to make changes to the earlier, agreed upon plan. Ald. Brady recommended that the Preservation Commission provide a clarification memo or critical path, for the Zoning Commission to aid them in reviewing the PUD Ordinance. With respect to recommendation 09. Ald. Warshaw expressed concern that this is a design review amendment and might frighten a developer. McGuire responded that in most cases the PUD would be constructed in a built environment and thus it was important to have some aspect of design review to make sure the development was compatible with the neighborhood. Ald. Brady recommended that the Preservation Commission's suggestions be forwarded to the Plan Commission for review and that the Plan Commission's comments be sent to the Zoning Commission. The Committee concurred with the recommendation and directed staff to process the request. OLD BUSINESS None NEW BUSINESS Docket 172-7A-90, Families In Transition Program (F.I.T.) re Ministers' Fellowship of Evanston. Aid. Warshaw moved and Ald. Rudy seconded that the Committee recommend to the City Council to enter into an agreement with Ministers' Fellowship of Evanston for $12,000 in conjunction with the F.I.T. Program. The Committee votod 5-0. Ald. Rudy questioned whether the Committee concluded its discussion at the previous meeting with respect to the reference from the Police Services Committee and the dog -run issue? Ald. Rudy asked that the information provided the Police Services Committee be forwarded to the P & D Committee for their review. ADJOURNMENT The meeting adjourned at 8:50 p.m. Committee is July 23. 1990 at 7:30 Staff: Robert V kudd 70(1l2) The next regular meeting of the P & D p.m. &a DRAFT. NOT APPROVED DRAFT. NOT APPROVED, Ald. Present: Ald. Absent: Staff Present: Presiding Official: MINUTES Planning and Development Committee July 23, 1990 Room 2403 - 8:30 P.K. S. Brady, L. Horton, J. Nelson, J. Rudy and R. Warshaw J. Korshak J. Wolinski, T. Linkowski, K. Brenniman, C. Powers, J. Andresen and R. Rudd J. Nelson Minutes of July 9, 1990. Ald. Rudy moved and Ald. Warshaw seconded that the Committee approve the minutes of the Planning & Development Committee meeting of July 9, 1990 as submitted. The Committee voted 5-0 to approve the minutes. COMMUNICATIONS None OLD BUSINESS Permanent Location re Peace Pole. After a brief review of actions taken by the P & D Committee at the December 4, 1989 meeting, Ald. Warshaw moved and Ald. Brady seconded that the Special Sign Committee be charged with the responsibility for making a recommendation for the location of various honorariums received by the City. The Committee also recommended that the recommendation for a permanent location of the Peace Pole be the first priority of the Special Sign Committee. As an amendment to the motion, Chairman Nelson proposed that a member of the Arts Council and a member of the P b D Committee (Ald. Warshaw) be part of the Special Sign Committee regarding this task. The Committee voted 5-0 to approve the motion and directed staff to notify the respective participants of the committee meeting date. NEW BUSINESS Docket 187-78-90. Ordinance 78-0-90. Kodifving Building Permit, Zoning and Related Pees. Ald. Brady moved and Ald. Horton seconded that the Committee recommend Introduction of Ordinance 78-0-90, modifying various building and zoning fees. Ald. Morton expressed concern with respect to raising fees and hurting the ordinary citizen when applying for permits. Ald. Morton also questioned the proposal of changing the calculation for plan review fees from cubic feet to square feet. Jim Wolinski, Director of Building & Zoning, was present and stated that the recommendations are based on the David Griffith Report which P & D Committee - Minutes July 23, 1990 was endorsed both by the P & D Committee and the Budget Policy Committee last year. Ald. Horton reiterated her concern that by imposing additional fees those less able to pay would be hurt. Chairman Nelson observed that it would not be equitable to charge different fees based on large or small developers or homeowners. Rudd indicated that the building fees were comparable to other communities and that the zoning fees (with the exception of zoning analyses fees) were kept at the same level so as not to place a burden on homeowners and other applicants. He further stated that the increase in fees are only addressed every three years and that they reflect the cost of providing the services. Chairman Nelson stated that by increasing the direct user fees, lesser burden is placed on the property tsar. The Committee vot(id 4-1 (Voting May - Ald. Morton) to recommend to City Council introduction of Ordinance 78-0-90. Docket 182-7B-90, Ordinance 70-0-90 re Pee Increase for Rooming Housing Licenses. Ald. Warshaw moved and Ald. Brady seconded that the committee recommend to the City Council introduction of Ordinance 70-0-90 increasing the fees for the annual rooming house licenses. In response to a question from the Committee, Catherine Powers, Director of Housing Rehabilitation & Property Maintenance, stated that approximately $59,000 of the current projected $68,000 would be paid by Northwestern University for rooming house (dormitory) licenses. Ald. Morton expressed concern regarding the increase and that the small rooming house operator would be hurt. Ald. Horton proposed to amend the motion to reflect that $75.00 for a rooming of four (4) or more roomers be substituted for the proposal. The motion failed for a lack of a second. Ald. Warshaw observed that the Committee needed to be concerned with equity and not having an appearance of charging a higher rate to an institution and have a lower rate be applied to individuals. The Committee voted 4-1 (Voting Nay - Ald. Morton) to recommend to City Council the introduction of Ordinance 70-0-90. Docket 180-7B-90, Plat of Consolidation re 2720 Central Street. Ald. Warshaw moved and Ald. Brady seconded that the Committee recommend to City Council approval of a plat of consolidation from First Illinois Bank, as trustee, at 2720 Central Street. Ald. Rudy requested staff to check the square footage as indicated on the plat of consolidation prior to issuance of permits. The Committee voted 5-0 to recommend approval of the plat of consolidation. Docket 183-7B-90, Ordinance 72-0-90, 1990 BOCA National Fire Prevention Code. Ald. Rudy requested that the Committee receive a comparison of the respective codes and the changes proposed by staff similar to that provided for the BOCA Property Maintenance Code. Staff indicated that a comparison would be supplied at the next meeting. After a brief discussion, the Committee -2- P & D Committee - Minutes July 23, 1990 proceeded to review the BOCA National Fire Prevention Code. In response to questions from the Committee, Kathleen Brenniman, Assistant Corporation Counsel, stated that in many instances, the changes proposed were due -to number changes in the new code. Tom Linkowski, Division Chief, Fire Prevention Bureau, stated that most of the changes proposed by the staff were of a very minor nature and were to provide clarification. A comparison of the proposed changes with the model code would be supplied. Ald. Warshaw moved and Ald. Brady seconded that the Committee recommend to City Council introduction of Ordinance 72-0-90. Docket 184-7B-90. Ordinance 75-0-90 re Adoption of the 1989 One and Two Family Dwelling Code. Ald. Warshaw raised questions regarding Section 4-11-1(C)(A), Section R-110 Plans. Ald. Warshaw's concern was that there was a requirement for architectural seal for any work greater than $10,000.00 that involved structural work or new structures. Ald. Warshaw questioned why there was a minimal requirement with respect to the one and two family and not for the multi -family and commercial/industrial code'. Wolinski stated that this amendment simply paraphrases the State Architectural Act which requires the $10,000.00 cut-off point. Wolinski stated that it is being added to our ordinance to clarify the requirement for applicants which currently is confusing. Ald. Rudy requested that the staff provide information regarding the Energy Conservation Code, with respect to this ordinance, when the staff provides the comparison between the ordinances for the next meeting. Ald. Rudy also questioned the requirements set forth in Section R-214.1 Handrails. Staff indicated that additional information would be supplied at the next meeting. Due to the lateness of the hour the Committee recommended holding all of the ordinances (with the exception of the two fee ordinances) over to the August 13, 1990 meeting and introduce all of the building codes at that meeting if the review is completed at the P & D Committee. If introduced on August 13, 1990, the ordinances would sit for review for a thirty (30) day period prior to adoption by the City Council in September. ADJOURNMENT The meeting adjourned at 9:00 p.m. The next regular meeting of the P & D Committee is August 213 1990 at 7:30 p.m. Staff: Robert T. Wua� 70(1/3) -3- DRAFT. HOT APPROVED MINUTES Planning and Development Committee August 13, 1990 Room 2403 - 7:30 p.m. Ald. Present: S. Brady, L. Norton, J. Rudy, and R. Warshaw Ald. Absent: J. Korshak, J. Nelson Staff Present: R. Rudd, J. Zendell, J. Aiello, C. Powers, J. Wolinski, D. Jennings, D. Rasmussen, C. Borys, K. Brenniman, T. Linkowski and J. Asprooth Others Present: H. Blake, D. Petterson, J. Weiss, J. Breslin , A. Belmonte, Ald. Lanyon, and Ald. Rainey Presiding Official: Ald. Rtfdy Minutes of July 23, 1990 Ald. Warshaw moved and Ald. Brady seconded that the Committee approve the min- utes of the Planning and Development Committee meeting of July 23, 1990 as submitted. Committee voted 3-0 to approve the minutes. (Ald. Morton absent.) New Business Docket 191-8A-90, Plat of Consolidation 824-36 Dobson and 113-23 Ridge Avenue. Ald. Rainey was present and stated that she would defer to various constitu- ents of her Ward to speak to, the proposed plat of consolidation. Ms. Beth Shadur stated that she represented the area residents in support of the City adopting an appearance or design review process. Hs. Shadur stated that the Asbury/Dobson building, currently under construction by the developer pro- posing the consolidation at Dobson and Ridge, is unattractive due to the fa- cade covering, has an unfortunate design, and is not in keeping with the neighborhood structures. She stated that residents were concerned that a sim- ilar building would be constructed at Dobson and Ridge and not be sensitive to neighbors concerns or the architectural integrity of the neighborhood. Ald. Rainey stated that the current building at Dobson and Asbury may be appro- priate in some neighborhoods, but not at that location nor at the proposed Dobson and Ridge location. Ald. Rainey stated that in meeting with the de- veloper that she understands that he has his reasons for the design and the covering of the building. However, the building is not sensitive to the neighborhood and has requested that the developer, Mr. John L. Alfini, meet with the neighbors to address their concerns. Ald. Brady moved that the mat- ter be held over for two (2) weeks to allow the neighbors and the developer to meet and hopefully arrive at a satisfactory solution. Ald. Warshaw seconded the motion. Ald. Lanyon, stated that he has similar feelings to those of Ald. Rainey and has heard several concerns from his constituents. Ald. Lanyon cau- tioned the residents and the Committee that the design of the building could not be used as a negotiation point since the approval of the plat of consoli- dation is of a ministerial nature and most be approved by the P & D Committee and City Council if the plat meets all requirements. Ald. Warshaw stated that she hoped that the two (2) week holdover would stimulate discussion between all parties and allow for an acceptable solution. Mr. Alfini stated that the closing of the property was set for August 23rd, which would have to be post- Planning and Development Committee August 13, 1990 Page 2 poned with the approval of the sellers (Public Storage, Inc.). Mr. Alfini agreed to meet if he could obtain another closing date. Ald. Brady, at that point, withdrew her motion since she did not want to stand in the way of a closing. Ald. Warshaw moved and Ald. Rudy seconded that the matter be hold over for two (2) weeks to allow the neighbors and developer to meet. Commit- tee voted 2-1 (Ald. Brady voting nay) (Ald. Morton absent). In response to a comment from Mary Singh, an audience member, that the City Staff has been requested to develop a design review process, Ald. Brady re- quested that Staff come back to the Committee within 30 days with an outline for possibly developing a special committee to look at design review. Also, Ald. Warshaw requested"Staff look into restrictions to be placed on the types of materials for facade on buildings of over three (3) stories. By the above vote, the matter will be held over to the August 27, 1990 meeting. Special Sign Committee Report Hayward Blake, a member of the Special Sign Committee, addressed the Committee with respect to whether the engraved lettering on the three (3) proposed monu- ment signs should be painted or not be painted. Charmain Borys, Acting Planning Director, presented slides depicting examples of engraved lettering which indicated that the etchings were not normally painted. Mr. Blake ex- plained that the use of natural shadow and light highlighted the engraved let- tering. Mr. Blake explained that painting causes one to lose the effect of the engraving, and also would create a maintenance problem in the future. In the response to questions from the Committee, Mr. Blake stated that the cur- rent budget year would allow three (3) monument signs to be constructed at a cost of approximately $14.000 total. Mr. Blake stated that the capital im- provement plan has budgeted $27,500 for the three (3) signs. Mr. Blake ex- plained that savings are expected due to the Garden Club agreeing to landscape at least one (1) of the monuments and hopefully all three (3). Drew Petterson, Jean Breslin , and Al Belmonte, members of the Special Sign Commit- tee and Planning Commission expressed their support for the Committee's ap- proval of the non -painted engraved lettering on the monument signs. The Com- mittee stated that if in the future the Committee was not satisfied with the non -painted letters, the City could always paint the letters. Ald. Brady moved and Ald. Warshaw seconded that the Committee approve the non -painted en- graved letters for the monument signs. The Committee voted 4 - 0 to approve. Docket 192-BA-90, Plat of Consolidation at 1925 Green Bav Road. Ald. Warshaw moved and Ald. Horton seconded that the Committee recornaend to the City Council approval of a plat of consolidation at 1925 Green Bay Road. The Committee voted 3 - 0 (Ald. Brady absent). Docket 193-BA-90. Resolution 44-R-90, Application for Grant Money for Facade Work at South Boulevard E1 Station. Ald. Warshaw moved and Ald. Horton seconded that the Committee recommend to the City Council approval of Resolution 44-R-90, which would authorize the City Manager to proceed with application for and to accept a matching grant Planning and Development Committee August 13, 1990 Page 3 not to exceed $20,000 for architectural and masonry services associated with the restoration of the South Blvd. E1 Station facade.. The Committee voted. 3 - 0 to approve (Aid. Brady absent). Docket 195-8A-90, Special Use for 1565 Sherman Avenue. Aid. Horton moved and Aid. Warshaw seconded that the Committee recommend to the City Council approval of a special use for a type 2 restaurant. Aid. Warshaw questioned the provision regarding handicapped bathrooms for employees and not customers. Chairman Rudy clarified the code and further stated that this ordinance did not have hours of operation as many type 2 restaurants. The Committee concurred that due to its location, there would be no hours of operation placed on this restaurant at this time unless there is a demon- strated need for a limitation. The Committee voted 3 - 0 (Aid. Brady absent). Docket 194-8A-90, Special Use for 824 Clark Street. Aid. Warshaw questioned whether condition 4 in Ordinance 84-0-90 should be the some as the wording in Ordinance 85-0-90, which addressed the type of food served. The Committee concurred that condition 4 should be reworded to re- flect the same condition in 84-0-90. Aid. Brady questioned why there were no limits on hours of operation? Since most other restaurants have hours, Aid. Brady moved and Aid. Warshaw seconded that the hours of operation be 11 a.m. until midnight for the entire Week. Aid. Brady observed that these were the hours of operation mentioned in the hearing by the applicants. The Committee voted 4 - 0 to recommend approval of the special use for 824 Clark Street and directed Staff to provide a clean copy of the ordinance for the August 27, 1990 City Council meeting. Docket 196-BA-90, Ordinance 86-0-90, Special Use for 1930-34 Sherman Avenue. Aid. Warshaw moved and Aid. Brady seconded that the Committee recommend intro- duction of Ordinance 86-0-90, special use permit for an addition to an insti- tutional headquarters building. In response to a question by Aid. Warshaw, Staff indicated that the location of the sleeping room would be required to meet the building code and appeared to do so. Aid. Warshaw also stated that she objected to the appraiser's report to the respect to the life of the building. Also, Aid. Warshaw explained the tax classification which the ZBA discussed. Aid. Warshaw distributed to the Staff a copy of information re- garding the tax classification process and requested that it be forwarded to ZBA and to City Council members. The Committee voted 4 - 0 to recommend ap- proval. Docket 197-8A-90 Ordinance 87-0-90, Variation for 1566 Maple Avenue. Aid. Morton moved and Aid. Warshaw seconded that the Committee recommend to the City Council the granting of a variation to permit retention of an existing building and use beyond the established termination date of December 1, 1990. The Committee voted 4 - 0. Request from Manchester Realty Foundation Permit for 1826-30 Darrow. The Committee reviewed a letter dated August 7, 1990, from Roger Parris, prin- cipal of Manchester Realty. Mr. Parris requested that a foundation permit be �- Issued to prior to the consolidation of lots at 1826-30 Darrow. The Committee Planning and Development Committee August 13, 1990 Page 4 directed Staff that a foundation permit be issued to Hr. Parris, if all docu- ments were in order, prior to the approval of plat of, consolidation. The Com- mittee also directed that only a foundation permit be issued and that a com- plete building permit be withheld until such time a consolidation is approved by the City Council. The Committoe also directed that Hr. Parris execute ne- cessary assurances that the City be hold harmless in case of any unforeseen circumstances arise and that any foundation construction be removed at Hr. Parris expense. Staff indicated that a letter would be forwarded to Hr. Parris with those directions. Communications The Committee received the following communications without comment: A. ZBA 90-7-V(F), Final Variation Decision re 1300 Rosalie Street. B. ZBA 90-15-V(F), Final Variation Decision re 1419 Grove Street. C. ZBA 90-22-V(F), Final Variation Decision re 1555 Florence Avenue. old Business Docket 183-7B-90, ordinance 72-0-90, 1990 BOCA National Fire Prevention Code. Questions arose with respect to Section F102.2. Tom Linkowski, of the Fire Department, was present and stated that the Fire Department does not currently enter into single family homes unless there is a complaint. Various questions arose with respect to the need to enter single family homes and under what circumstances. Ald. Horton also raised several questions regarding F107.1. Ald. Horton purposed rewording the subject section with respect to entering into single family homes. Staff was directed to provide a clean copy of the amendment per Ald. Morton's suggested wording. Ald. Warshaw moved and Ald. Horton seconded that the Committee recommend approval of ordinance 72-0-90 with respect to the 1990 BOCA National Fire Prevention Code when all the other ordinances are reviewed and approved. Committee voted 4 - 0. Docket 184-7B-90, Ordinance 75-0-90 Adoption of the 1989 One and Two Family, Dwelling Code. The Committee discussed various aspects of the subject code with respect to handrails, risers and need for architectural stamped drawings. The Committee = voted 3 - 1 (Ald. Horton voting nay) to recommend adoption of Ordinance 75-0-90 when the other codes are also approved. International Volley Ball Game Chairman Rudy stated that a request from Northwestern University was not on the Planning and Development Committee agenda, but has been added to the Com- mittee's agenda in addition to a revised City Council agenda for August 13, 1990. the request from Northwestern is for the City to allow the National �= Hen's Team of the United States and the USSR to hold an exhibition game in Welch Ryan Arena at ncGaw Hall on September 18, 1990. Hr. Perry, of • F � Planning and bevelopment'Committee August 13, 1990 Page 5 Northwestern, notes that the subject event would normally require a special use permit under the Evanston Zoning Ordinance. Due,,to the short time frame, it would not be possible to obtain a special use permit. Northwestern at this time is requesting a waiver of a need for a special use permit and approval by the City to conduct the international Volley Ball Game. The Committee unani- mously recommended to the City Council approval of the request for the V033Ay Ball Game and a waiver of the need of a special use permit. Due to the lateness of the hour, the Committee held over the remaining BOCA Codes to the August 27, 1990 for further review. Adiournment the meeting adjourned at 9:00'p.m. The next regular meeting of the P & D Com- mittee is August 27, 1990. Staff: Robert T. Rudd 0385C DRAFT. NOT APPROVED MINUTES Planning and Development Committee August 27, 1990 Room 2403 - 7:30 P.M. Ald. Present: S. Brady, L. Morton, J. Rudy, R. Warshaw and J. Nelson Ald. Absent: J. Korshak Staff Present: C. Borys, M. Shop, C. Powers, T. Linkowski, J. Wolinski, C. Brenniman, D. Wirth and R. Rudd Others Present: Ald. Lanyon Presiding Official: Ald. Nelson Minutes of August 13. 1990. Ald. Morton moved and Ald. Rudy seconded that the Committee approve the minutes of the Planning & Development Committee meeting of August 13, 1990. Ald. Warshaw moved that the last paragraph, page 5, be amended to reflect that the Committee recommended waiver of the special use permit for Northwestern to be able to conduct the International Volleyball game on the condition that it would not set a precedent for future requests from Northwestern. The Committee voted 5-0 to approve the minutes as amended. Communications. ZBA 90-25-V(F). Final Variation Decision re 2215 Jenks Street. ZBA report was received without comment. Chairmanship Schedule. Chairmanship schedule was received without comment. Old Business Docket 191-8A-90. Plat of Consolidation re 824-36 Dobson and 113-23 Ridge. Ald. Lanyon was present and stated that the developer and neighbors met on Sunday, August 26, 1990, to discuss the concerns expressed earlier. Ald. Lanyon stated that the developer had no definite plans presently under consideration for the project. The developer (John Alfini) agreed to meet with interested parties in the future to further discuss their concerns when a development plan was put forth. Ald. Lanyon stated that though all of the neighbors concerns were not alleviated, the offer from the developer was accepted. Ald. Lanyon stated that both he and Ald. Rainey recommend that the Committee approve the requested plat of consolidation. Aid. Warshaw moved and Ald. Brady seconded that the Committee recommend to City Council approval of the plat of consolidation for 824-36 Dobson Street and 113-23 Ridge Avenue. The Committee voted 5-0 to approve. P & D Minutes August 27, 1990 New Business J Pavment In Lieu of Taxes. Ald. Brady stated that she concurred with the statement and would redommend that the zoning Board of Appeals road the statement at the end of the zoning hearing rather then only at the boginning. Ald. Rudy recommended that the statement be amended to read as follows: You are advised that the recommendation of the Zoning Board of Appeals will be made to the City Council via the Planning & Development Committee of the Council. You are to understand that modifications to the recommendation maybe made by the Planning & Development Committee and/or on the floor of the City Council and that the City Council•is the final authority on your application. Modification, if applicant is a tax exempt organization, may include, but is not limited to, a payment in lieu of taxes. Ald. Morton stated that she does not favor the open-ended wording of the statement. She expressed concern that the parameters were needed to provide some limitation on City Council conditions. Ald. Brady explain the Budget Policy Committee's discussion with respect to developing criteria for payment In lieu of taxes and the difficulties that arose. Ald. Warshaw moved and Ald. Brady seconded that the statement. as amended by Ald. Rudy, be forwarded to the Zoning Board of Appeals to be read at the end of each applicable zoning hearing. The Committee voted 4-1 (Ald. Morton voting nay) to forward the statement to the ZBA. Docket 218-8B-90. Peter Jans Gold Course re Request for Funds. Mr. Richard Fischl, President of the Board of Directors of the Peter N. Jana Golf Course was present and requested that the Committee approve the Golf Association's proposal for the City Manager to make a joint request with the Wilmette Part District to be Water Reclamation District on behalf of the Golf Course. The request would include approval of the project and extension of the lease through the year 2020. Mr. Fischl, on behalf of the Golf Course, also requested that the City Manager be authorized to execute the matching grant agreement with the Peter Jana Golf Course for $84,000 to include the following provisions: (a) Funds are to be released when the golf course provides evidence that the $84,000 has been raised and (b) The golf course's match is to be spent before the City's grant is released. In response to a question from Ald_ Morton, Fischl explained that the City of Evanston's prorated share ($84,000) is greater than the Wilmette Park Districts ($55,000) based on the number of golf greens in each municipality (11 and 7 respectively). Chairman Nelson explained that prior to actual disbursement of -2- P & D Minutes August 27, 1990 the funds for the project, the matter would go before the Administration & Public Works Committee. Aid. Rudy moved and Aid. Brady seconded that the Committee recommend to the City Council approval of the request. The Committee voted 5-0. Dockot 217-88-90, Chandler Community Center Addition. Aid. Brady moved and Aid. Warshaw soconded that the Committee recommend to the City Council approval of the addition to the Chandler Community Center. This matter is before the Committee since regulations in Section 6-14-1(D) of the North Shore Channel Greenbelt District, contained in the Zoning Ordinance, require that matters such as this come before the P 6 D Committee for approval. A memorandum dated 8/22/90 from the City Manager was reviewed. In response to a question from Aid. Horton, Don Wirth, Director of Parks, Recreation 6 Forestry, stated that funds were available and allocated in the Capital Improvement Program. The Committee voted 4-1 (Ald. Nelson voting nay) to recommend approval of the Chandler Center addition. Peace Pole Aid. Rudy moved and Aid. Warshaw seconded that the Committee concur with the Special Sign Committee's recommendation to place the Peace Pole in the Avenue of the Righteous Garden, west of City Hail. Ald. Brady stated that she is satisfied if the Avenue of the Righteous Organization agrees. Aid. Warshaw, a member of the Ad Hoc Special Sign Committee, stated that the committee reviewed the site with representatives of both the Peace Pole and the Avenue of the Righteous. In further discussion, it was learned that though some members of the Avenue of the Righteous Organization support the proposed location of the Peace Pole, a consensus as of yet has not been gained. Therefore, the Committee recommended to table the matter until formal approval is received from the Avenue of the Righteous. Old Business. Docket 185-78-90, Ordinance 76-0-90, 1990 BOCA National Mechanical Code. Aid. Brady moved and Ald. Warshaw seconded that the Committee recommend to City Council introduction of Ordinance 76-0-90, 1990 BOCA National Mechanical Code. In response to a question from the Committee, Jim Wolinski, Director of Building & Zoning, stated that the amendments were only necessary due to changes in section numbers. The Committee voted 5-0 to recommend introduction. _ Docket 186-7B-90, Ordinance 77-0-90, 1990 BOCA National Building Code. Aid. Brady moved and Ald. Warshaw seconded that the Committee recommend to City Council introduction of Ordinance 77-0-90. In response to a question from Aid. Rudy regarding Section 809 - Escape Windows, Wolinski stated that the amendment was to clarify and include all habitable rooms and not only sleeping areas. -3- P & D Minutes August 27, 1990 Ald. Brady reminded the Committee that Na. Jill Garfield had earlier written a letter opposing Saturday hours for stork. Ald. Brady stated that due to the nature of the construction industry and due to the limited work -year due to Weather, she could support lengthening the working days to include Saturdays. After a lengthy discussion the Committee agreed to the proposed amendment allowing work on Saturdays as proposed by staff. Ald. Rudy stated that he would be willing to concur with the amendment to see if it works though he believes there could be problems and may need to revisit the matter later. Rudd explained that when this; ordinance in introduced, the Committee should remove from the City Council agenda Docket 53-3A-90, Ordinance 18-0-90. Rudd explained that the Environmental Control Board, in the course of developing a noise ordinance, would address decibel levels and not hours of work. The Committee voted 5-0 to recommend introduction of Ordinance 77-0--90 as proposed. Docket 188-7B-90, Ordinance 79-0-90, 1990 HFPA National Electrical Code. Ald. Brady moved and Ald. Nelson seconded that the Committee recommend approval of the National Electrical Code. Ald. Rudy recommended that the Committee amend Article 331, 336 and 338 as proposed to be amended by the City's Electrical Commission. Ald. Rudy stated that no evidence has been presented by the local Electrical Commission to support their amendment which would prohibit non-metallic cable and tubing installation. Chairman Nelson stated that he concurs with Ald. Rudy based on the fact that in most other parts; of the country and in many other municipalities non-metallic cable and tubing electrical installation is allowed. Ald. Rudy stated that the National Electrical Commission Committee that proposed the ordinance was composed of representatives of the Underwriters Lab, union representation and municipal officials and that to change that code without any evidence, as recommended by the local Electrical Commission, is inappropriate. In order to allow the Evanston Electrical Commission time to respond, the Committee voted to introduce Ordinance 79-0-90 without the Electrical Commission's proposed amendments to 331, 336 and 338, and give there an opportunity to provide written documentation prior to adoption of the ordinance, currently scheduled for October 8, 1990. Staff was also requested to provide to the Committee written documentation from the the National Electrical Commission with respect to their decision to allow non-metallic cable and tubing. The Committee voted 4-0 (Ald. Warshaw absent) to introduce the subject ordinance without the local Electrical Commission amendments. Docket 189-78-90, Ordinance 80-0-90, 1990 BOCA National Plumbing Code. Ald. Brady moved and Ald. Horton seconded that the Committee recommend to the City Council introduction of Ordinance 80-0-90, 1990 BOCA National Plumbing Code. Wolinski stated that any amendments were only due to number changes in sections. The Committee voted 3-0 (Ald. Warshaw and Nelson absent). -4- P & D Minutes August 27, 1990 Docket 181-7B-90. Ordinance 68-0-90. re adoption of the 1990 BOCA Pronortv Maintenance Code. Ald. Brady questioned the definition of family and what the status of the definition of family was with respect to the Zoning Ordinance? Rudd* stated that the Zoning Commission would be reviewing the definition of family in its upcoming meetings in September. Ald. Morton raised several questions regarding the applicability of the code to various instances, particularly those addressing owner -occupied (sometimes with extended family) two -flats. Catherine Powers, Director of Housing Rehabilitation & Property Maintenance, explained the City's Property Maintenance Inspection Programs and the procedures and ordinances utilized in implementing those programs. Ald. Morton expressed concern that owner -occupied two -flats, when the second unit is occupied by a family member, should not be inspected under the program. The Committee and staff discussed at length the difficulty in drawing the line as to how extended the family could be with respect to the second unit and then the difficulty in verifying the relationship. After further discussion Ald. Brady moved and Ald. Warshaw seconded that the Committee recommend to City Council introduction of Ordinance 68-0-90, 1990 BOCA Property Maintenance Code as amended. The Committee voted 4-1 (Ald. Morton voting nay). Due to the lateness of the hour, Chairman Nelson stated that the Burglary Prevention Ordinance letter from EPOA and the City's response would be placed as the first item of business at the September 10, 1990 meeting. ADJOURNMENT The meeting adjourned at 9:00 p.m. The next regular meeting of the P & D Committee is September 10 1990 at 7:30 p.m. Starr:_44 Robert T. Rudd 70(1/5) E DRAFT. NOT APPROVED = -5- 1 * DRAFT. NOT APPROVED r . Ald. Present: Ald. Absent: Staff Present: Others Present: Presiding Official: MINUTES Planning and Development Committee September 10, 1990 Room 2403 -- 7:30 P.N. 8, Brady, L. Morton, J. Rudy, R. Warshaw and J. Belson J. Korshak M. Shep, C. Powers, J. Wolinski, E. Szymanski J. Zendell and R. Rudd Ald. Lanyon Ald. Morton Minutes of August 27. 1990. Ald. Warshaw moved and Ald. Brady seconded that the Committee approve the minutes of the Planning b Development Committee meeting of August 27, 1990. Ald. Warshaw moved that the minutes be amended on page 3, paragraph 3, lines 6 and 7 to reflect that no representative of the Avenue of the Righteous was present. Ald. Rudy moved that paragraph 3, page 4, line 3 and 4 be amended to read "Ald. Rudy recommended that the Committee amend the ordinance by not including deletions of Article 331, 336, and 338 as proposed by the City's Electrical Commission". The Committee voted 4-0 (Ald. Nelson absent) to approve the minutes as amended Communications. ZBA 90-27-V(F), Final Variation Decision re 537 Forest Avenue. Ald. Warshaw noted that she is happy to see the investment made by current residents. She noted the same with respect to 2211 Jenks. ZBA 90-28-V(F), Final Variation Decision re 2211 Jenks Street. The Committee received without comment. ZBA 90-29-V(F), Final Variation Decision re 1245 Fowler Avenue. The Committee received without comment. ZBA 90-30-V(F), Final Variation Decision re 2332 Ridge Avenue. The Committee received without comment. P & D Committee - Minutes •.,L September 10, 1990 Plan Commission Design Review tO Ald. Rudy requested that Proservation Commission input be requested by the Plan Commission with respect to A proposed design appearance review ordinance. Ald. Brady requested that other interested groups be invited to the Plan Commission so that they may also have input. Ald. Brady requested that the Plan Commission develop a list of interested parties. Art Newman, a member of the audience, expressed concern with the possible lack of action by the Plan Commission and feared that the item could be lost and not returned to the P & D Committee for an extern(ied period of time. Newman requested the Committee direct the Plan Comminsion to respond to P & D with a definite deadline. Ald. Brady stated that she supported a progress report within sixty (60) days but recognizes that this is a sensitive subject and hoped that the Plan Commission would work as quickly possible, but could not support a specific deadline for the proposed ordinance. Ald. Rudy suggested that the Committee direct the Plan Commission to submit within thirty (30) days a proposed schedule for developing the ordinance. The Committee agreed to request from the Plan Commission a schedule within thirty (30) days. Old Business Docket 117-5A-90. Ordinance 112-0-89, Arts Council Report re Art in the. Construction of Public Buildinv.s. Ald. Nelson moved and Ald. Warshaw seconded that the Committee concur with the recommendation of the Arts Council Public Art Committee outlined in a memo dated September 10, 1990, which proposes the Public Art Committee conduct a public art forum later this year. The Committee voted 5-0 to approve the Arts Council recommendation. New Business Docket 243-9A-90, Ordinance 108-0-90, ZBA 90-31-V(R) re Variation for 3142 Central Street. Ald. Brady moved and Ald. Warshaw seconded that the Committee concur with the ZBA recommendation to grant variations to permit conversion of the first floor of the building at 3142 Central Street from an office into a dwelling unit. Ald. Warshaw expressed concern that condition 3 of the proposed ordinance appears to be an over -kill with respect to exterior changes. After a brief discussion the Committee voted 5-0 to recommend approval of Ordinance 108-0-90. Docket 242-9A-90, Ordinance 106-0-90 re Mortrape Credit Certification Program. Ald. Rudy moved and Ald. Warshaw seconded that the Corm.ittee recossaend to the City Council introduction of Ordinance 106-0-90, which authorizes the City's 1987 remaining private activity bond authority in the amount of $5,527,950.00 to be utilized for a Mortgage Credit Certification Program. Ald. Nelson questioned whether additional staff would be needed and whether there would be -2- P & D Committee - Minutes '! September 10, 1990 a cost to the City. Rudd stated that no additional staff would be hired and that the function would be absorbed by current staff. Ald. Brady questioned how the program would work with respect to Rehab loans that are limited to $15,000 when the City's current rehab program allows loans up to $33,000 for single family homes? Staff indicated that the matter would be reviewed and a response provided to the Committee. Ald. Nelson questioned whether this program could apply to tax-exempt entities? Ald, Nelson also questioned what was meant by the definition of family and how does it apply to this program? Staff indicated that a response would be forwarded to the Committee for the next meeting. The Committee voted 5-0 to recommend introduction of Ordinance 106-0-90. Burglary Prevention Ordinance re Response to Letter from EPOA. Ald. Lanyon was present and briefly recapped for the Committee that he has received several calls about the lack of clarity in the ordinance, He stated that his goal was to try to make it work efficiently in a manner that could be understood by property owners. He stated that the Burglary Prevention Ordinance is necessary but needs further clarification. Ald. Lanyon suggested that the City begin to build a list of approved products which could be forwarded to property owners, He further stated that the reference in tho ordinance to various standards becomes a burden on the property owners with respect to understanding the requirements and attaining certifications. Mr. Richard Witting, a landlord, stated that he resents the requirements with respect to window locks and is confused by the standards. He further explained various problems with respect to determining which windows above ground level require locks. He stated that the emphasis should be on educating the landlords with respect to burglary prevention and not on compliance with the ordinance. Ald. Brady suggested that rather than address all issues at this meeting, possibly questions of substance could be developed and the matter be sent to the Residential Crime Prevention Committee (RCPC) and that EPOA and RCPC could meet to discuss possible points of clarifications in the ordinance. Ald. Warshaw stated that she supports that idea and that EPOA and RCPC should work together. Mr. Albert Bowen, expressed various concerns regarding conflicting statements with respect to glazing and screening coverings. Catherine Powers, Director of Housing Rehabilitation & Property Maintenance, was present and explained the need for Lexan and a 3M covering versus screening which is not approved in the ordinance. Ald. Warshaw noted that this is a very good item ` to be discussed at the RCPC/EPOA joint meeting. Chairman Horton expressed concern that the ordinance does not allow redress by property owners. Powers explained that there is an appeal process but it is not for all aspects of the ordinance. Chairman Morton expressed further concern with the cost forced upon fixed and low-income property owners, Ald. Nelson stated though the ordinance has significant merits, there are some Draconian aspects and that -3- P & D Committee - Minutes September 10, 1990 possibly the joint meeting between RCPC/EPOA could be used as a process to make the ordinance more "user friendly". Ald. Nelson suggested that a development of a hearing board which would set -forth a grievance procedure paralleling the ad hoc hearing board established for the storm water disconnect program. Ald. Nelson moved and Ald. Warshaw seconded that the matter be referred to the RCPC for further discussion in a joint meeting with EPOA. Rudd concurred that a joint meeting has its merits with respect to airing the issues and possibly developing a hearing board. The Committee was cautioned that any board would need to strive for consistency and being equitable in granting variations to the ordinance. Ald. Rudy reiterated his earlier position on the ordinance with respect to requiring specific standards. He stated that the standards come from legitimate testing organizations and that it is for the property owners to demonstrate to the City that certain materials -meet the standards. Ald. Rudy stated that the standards can be obtained from the manufacturers of the products. Jim Hatykiewicz, a member of EPOA, was present and stated that the issue of the burglary bars versus burglary resistant glazing material is a constant problem. Hatykiewicz cautioned the Committee that there is very little expertise with respect to burglary prevention issues on RCPC. lie stated that the original ordinance included single family homes and that is why he supported the ordinance because he thought it would be stricken -down since the City Council would not want to burden single family home owners. Hatykiewicz suggested that the Police Department's Burglary Prevention Division hear the appeals. Buch stated that a constant complaint is that the burden of proof is on the small property owners who are not able to afford the cost of proving a material meets the standard. She Mated that the cost at the Underwriters Laboratory is $2,200.00 for a single owner. The Committee voted 5-0 to refer the matter to RCPC and directed RCPC to report back to the Commmittee with a time -line for addressing the various issues. Officer Shep, in response to a question from the audience, stated that 70% of the illegal entries are through broken locks or windows in the doors. He stated that the burglary ordinance provides for proper hardware such as Lexan and locks and that the purpose of the ordinance is to buy time by hindering illegal entry. Shep stated that most of the burglaries are during the daytime, corimitted by offenders in their late teens or early 20s ADJOURNMENT The meeting adjourned at 9:00 p.m. The next regular meeting of the P & D Committee is September 24 1990 at 7:30 p.m. Staf€: Robert T. Rudd 70(ll2) -4- DRAFT, NOT APPROVED DRAFT, NOT APPROVED MINUTES Planning and Development Committee September 24, 1990 Room 2403 - 7:30 P.M. Ald. Present: S. Brady, L. Norton, J. Rudy, R. Warshaw and J. Nelson Ald. Absent: J. Korshak Staff Present: C. Powers, J. Wolinski, D. Rasmussen, K. Brenniman J. Wolfensperger, C. Steinbuck and R. Rudd Others Present: None Presiding Official: Ald. Horton Minutes of September 10. 1990. Ald. Brady moved and Ald. Rudy seconded that the Calm I ttee approve the minutes of the Planning S Development Committee meeting of September 10, 1990. The Committee voted 5-0 to approve the minutes as submitted. Communication None Old Business Ordinance 79-0-90 re Adopting the National Electrical Code. Ald. Rudy reaffirmed his earlier motion to delete amendments recommended by the local electrical commission with respect to this matter. Ald. Rudy stated that he remained unconvinced by the material submitted by the Evanston Electrical Commission with respect to the request for elimination of non-metallic tubing and non -metallic --sheathed cable. Ald. Rudy expressed disappointment in that only a verbal response has been provided by NFPA at this time. Ald. Rudy observed that many similar products made of the same material are currently used industry -wide (i.e. plastic plumbing). Charles Steinbuck, City of Evanston Electrical Inspector, explained the Electrical Commission position with respect to their reasons for eliminating the subject material based on life safety reasons. Steinbuck and Kr. Lambert. a member of the Electrical Commission, exhibited to the Committee various samples of the products in question. Basically, Steinbuck stated that the non-metallic materials were more subject to fire and puncture than what the Commission would prefer. Steinbuck stated that some of the materials are not designed for today's environment (acid rain) in this part of the country. Ald. Rudy questioned why the NFPA, a national organization, doesn't agree. Steinbuck P & D Committee - Minutes - September 24, 1990 stated that the code was written for all parts of the country and allowed for local amendments to take into account local climate. Ald. Warshaw questioned whether the Electrical Commission was opposed to both interior and exterior use of non-r.jtall.c materials? Steinbuck stated that the Commission opposed both interior and exterior use due to climate and possibly puncturing. Mr. Lambert stated that no other north shore community allowed the flexible cable as being proposed by Ald. Rudy. Ald. Rudy stated that he has a problem with the National Electrical Code, and all of its expertise, approving the material but that the local Electrical Commission disapproving not based on hard evidence. Ald. Brady stated that she is not as concerned with the National Code being in total conformity with all local codes and was more inclined to agree with the local Electrical Commission. Ald. Warshaw stated that she initially was swayed by the National Electrical Code and the NFPA, but now is more persuaded by the opinions expressed by the local Electrical Commission. Ald. Brady moved and Ald. Warshaw seconded that the Committee recommend to City Council to reinsert sections 331, 336 and 338. Ald. Rudy stated that there was a lack of technical information and understanding of the issue and that if the Committee recommended to reinsert the subject sections (and thus preclude the use of flexible cable and tubing) that the City should begin Immediately to undertake a thorough review and to receive a response from the National Electrical Commission with respect to this matter. Ald. Rudy stated that the Committee was basically hearing from electricians and not hearing from electrical engineers. Ald. Rudy questioned whether some panic peddling was being done. Ald. Warshaw withdrew her second to Ald. Brady's motion. Ald. Rudy moved and Ald. Warshaw seconded that the matter be held over and that staff contact the UL representative of the National Electrical Commission and request that he present evidence to the P & D Committee. It was also recommended that the staff pursue obtaining written information from the National Electrical Commission. By a vote of 5-0 the matter was held over to the October 8, 1990 meeting for further review. New Business Homeless Shelter Extension Ald. Warshaw moved and Ald. Brady seconded that the Committee set the public hearing for October 8, 1990, at 7:30 p.m., in Room 2403, for the request for a one-year extension of the Homeless Shelter. The Committee voted 5-0. Docket 258--98-90, Z8A 90-8-V(R) re Variation for 2962-66 Central Street. Ald. Nelson moved and Ald. Warshaw seconded that the matter be tabled until the October 8, 1990 meeting. Ald. Nelson stated that both he and Ald. Wold would attempt to meet with the applicant over the next two wets" ;s in order to try to resolve the issues raised by neighbors. The Committee voted 5-0 to table the matter until October 8, 1990. -2- 1 f f P & D committee - Minutes - September 24, 1990 Docket 257-98-90. Ordinance 111-0-90. ZAC 90-1 re Evanston Hospital's Petition to Amend the Text of the Zoning Ordinance and Docket 256-9B-90. Ordinance 83-0-90, ZAC 90-2 re Reference from City Council to Amend the Text of the Zoning Ordinance for Doctors' Offices in Local Hospitals. Ald. Rudy moved and Ald. Warshaw seconded that the Committee concur with the ZAC recommendation to grant the petition of Evanston Hospital for a text amendment. Ald. Brady stated that she was disturbed by the fact the letter was received by the P & D Committee from Evanston Hospital at this meeting. She stated that she did not have an opportunity to read the implications of the letter. Ald. Warshaw also expressed displeasure with receiving a letter at such a late date. Ald. Nelson stated that the main point both in the letter and at the hearing was a disagreement between Evanston Hospital and ZAC with respect to the limitation on the number of hospital based physicians (currently proposed at 75 by ZAC). Dr. Thomas Stafford, a member of ZAC, stated that this letter from the Evanston Hospital's attorneys was only a mechanism to further delay the amendments. He stated that Evanston Hospital views were fully explained at the ZAC hearing and that the Hospital only wishes to continue to have tax-free offices. Attorney Cuncannan for Evanston hospital, referred to the lack of evidence on which the findings of fact were made. Cuncannan contended that the findings were not valid since there was no basis. After further discussion, the Committee voted 5-0 to introduce Ordinance 111-0-90. Ald. Nelson moved and Ald. Rudy seconded that the Committee recommend introduction of Ordinance 83-0-90 at this meeting. Ald. Nelson also requested that a legal opinion in response to the Hospital's letter of September 24, 1990. also be presented to the Committee for the next meeting prior to adoption of the subject ordinances. Nelson also requested that staff input be provided with respect to how, and how much time it would take to change the number of hospital based physicians if Evanston Hospital developed an emergency need to do so. The Committee voted 5-0 to introduced Ordinance 83-0-90 conditioned upon response to the questions raised. Mark Neaman, Evanston Hospital President, stated that the hospital finds it very difficult to live with a cap of 75 hospital based physicians. He stated that it is illogical and that currently an emergency need has arisen where another doctor, in the area of neonatology, is needed. Neaman further stated the amendment proposed by ZAC violates the spirit of the agreement made between the City and Evanston Hospital. In response to statements made by Dr. Stafford, Beaman stated that the hospital currently is signing leases for rental space for doctors and also made payments in lieu of taxes to the City. In response to a question from Chairman Morton, Neaman stated that the hospital requests no cap on the number of hospital based specialists. The ordinances would be introduced on September 24, 1990, with the expectation that information requested by Ald. Nelson be supplied for discussion at P & D of the October 8, 1990 meeting. -3- 1 P & D Committee - Minutes - September 24, 1990 Docket 254-9B-90. Plat of Consolidation re 1930-34 Sherman Avenue. Ald. Warshaw moved and Ald. Rudy seconded that the Committee recommend approval of the plat of consolidation for 1930-34 Sherman Avenue. The Committee voted 5--0. Docket 255-98-90. Plat of Consolidation re 1826-30 Darrow Avenue. Ald. Warshaw moved and Ald. Brady seconded that the Committee recommend approval of the plat of consolidation for 1826-30 Darrow Avenue. The Committee voted 5-0. Ald. Brady questioned whether the Arts Council Ordinance with respect to art in public places should be removed from the City Council agenda since extensive discussion will take place and it could be several months before the matter is actually voted upon by the City Council. The Committee agreed that a reference would be made on the City Council floor to the Rules Committee to recommend a procedure be set-up for addressing City Council docket items that may not be voted on for a substantial length of time. Ald. Warshaw expressed concerns regarding comments made by Barbara Berlin, a Preservation Commission member, with respect to assessed valuation on historic landmark properties. Ald. Warshaw stated that whatever City policy Hs. Berlin was referring too, she was totally incorrect in her statement. ADJOURNMENT The meeting adjourned at 8:30 p.m. The next regular meeting of the P & D Committee is October 8 1990 at 7:30 p.m. Staff:�i ` Robert T. Rudd DRAFT, NOT APPROVED 70(1/4) -4- RAFT, NOT APPROVED rrw Ald. Present: Ald. Absent: Staff Present: Others Present: Presiding Official: MINUTES Planning and Development Committee October 8, 1990 Room 2403 - 8:00 P.H. S. Brady, J. Rudy and R. Warshaw J. Korshak, L. Horton and J. Nelson J. Wolinski, D. Rasmussen, E. Szymanski and J. Wolfensperger None Ald. Rudy Minutes of September 24, 1990. Ald. Brady moved and Ald. Warshaw seconded that the Committee approve the minutes of the Planning A Development Committee meeting of September 24, 1990. The Committee voted 3-0 to approve the minutes as submitted. Communications ZBA 90-32-V(F). Final Variation re 1211 Dewev Avenue. The Committee received without comment. ZBA 90-33-V(F). Final Variation Decision re 2117 Ewing Avenue. The Committee received without comment. Old Business Homeless Shelter Extension re Public Hearing. 8:00 P.H. Carol Moschandreas, Executive Director of the Center for Public Ministry was present, and stated that the Center had received no complaints regarding the operation of the Homeless Shelter during the past year. She stated that the Shelter provides a needed service to the community and requests that the one (1) one year extension be granted. She further stated that the Shelter was now serving more Evanstonians. Ald. Rudy stated that the Shelter is located in his ward and he also has not received any negative comments or complaints. Ald. Rudy then asked the audience if any:. -,a wished to speak on this issue. There being none, Ald. Brady moved and Ald. Warshaw seconded that the Committee recommend one (1) year extension of the shelter. The Committee voted 3-0 to recommend an extension of the Shelter for a one (1) year period. Ordinance 79-0-90 re Adopting the National Electrical Cade. Mr. Walter Haas, Executive Director of Code and Service for Underwriters Laboratories, was present to make a presentation concerning three (3) articles of the 1990 National Electrical Code, Articles 331,336 and 3'8, which the City Electrical Commission had recommended amending for deletion prior to the City Council's adoption of the Code. Mr. Haas began by giving a short synopsis of the history of Underwriters' Laboratories and the services they provide. He stated that Underwriters Laboratories is the largest such testing service in P & A Committee - Minutes October 8, 2990 the world, and that they are deeply involved with the National Electrical Code and it publisher, the National Fire Prevention Association. U.L. representatives serve on all code panels which examine each of the proposed articles in the National Electrical Code, and conduct safety tests on all of the products. Hr. Haas stated that the three articles in questions 331, 336 and 338 which deal with electrical non-metallic tubing, non-metallic sheathed cable, and service entrance cable respectively, were developed by code making panels made up of representatives from industry, labor, and testing laboratories, and were approved by the National Fire Prevention Association. He further stated that field tooting demonstrated no hazard if these materials were installed according to specifications. Ald. Brady stated that representatives from the City Electrical Commission had brought before the Committee samples of non-metallic tubing that had deteriorated over a number of years. Hr. Haas could not respond without knowing if the tubing had been U.L. approved, further stating that U.L. conducts 14 tests on tubing to determine whether it will withstand atmospheric conditions. Ald. Warshaw addressed the potential hazard of of Romex cable, asking what would happen if a nail hammered Into a wall penetrated the cable. Mr. Haas responded that depending on the size of the nail and the force with which it is hammered, it would be possible to penetrate the cable, further stating that installation contrary to required installation procedures could also damage the cable. Ald. Rudy questioned whether there was more chance for injuring non-metallic or metallic tubing. Hr. Haas responded that a nail could be driven through non-metallic tubing. Ald. Brady stated she was unhappy with the conflicting testimony that had surrounded these articles. Ald. Rudy questioned why change a national code which was approved by the NEC. Hr. Haas responded that the NEC is a model code for the entire country, with each jurisdiction being different. Ald. Warshaw stated that she did not want to require an added economic burden, but felt she would like more information before allowing the material in question to be used. Ald. Warshaw moved and Ald. Brady seconded to amend proposed Ordinance 79-0-90 so as to delete Articles 331, 336 and 338 from the code. The Committee voted 2-1 (Ald. Rudy voting nay) to approve the amended ordinance, but to hold the ordinance until a clean copy is presented to Council at its October 22, 1990 meeting. Docket 258-9B-90, ZBA 90-8-V(R) re Variation for 2962-66 Central Street. Ald. Warshaw stated that negotiations were currently going on between the ward Aldermen and the applicant to resolve issues raised by the neighbors. The Committee voted 3-0 to leave this matter tabled until October 22, 1990. Docket 257-9B-90, Ordinance 111-0-90, ZAC 90-1 re Evanston Hospital's Petition to Amend the Text of the Zoning Ordinance. The Committee concurred that this ordinance was introduced at the meeting of September 24, 1990 and that no action by the Committee was necessary. -2- i� & D Committee - Minutes --'-' October 8, 2990 Docket 256-9B_90, Ordinance 11.9-0-90. ZAC 90-2 re Referonce from City Council to Amend the Text of the Zoning Ordinance for Doctors' Offices in Local Hospital. Ald. Warshaw stated that she was satisfied with the legal opinion from Corporation Council. Ald. Brady concurred, stating this ordinance provided for a great deal of flexibility, by not limiting the amount of hospital banod specialists per type of doctors, but only limiting the total number of hospital based specialists to 75. She further stated that Evanston Hospital could also apply to the Zoning Board of Appeals for a special hospital use. A short discussion occurred between Mr. Mark Neaman, Evanston Hospital President and J. William Cuncannan, Attorney for Evanston hospital and the Committee dealing with the Hospital's concerns limiting the number of hospital based specialists and the availability on the Hospital campus of these specialists in emergency situations. Ald. Rudy concluded the discussion by stating that the ordinance was on the agenda for Council decision for adoption. New Business Docket 260-10A-90. Ordinance 114-0-90. ZBA 90-26-SU(R), re Special Use for 1939 Central Street. Ald. Brady moved and Ald. Warshaw seconded that the Committee approve the request for a special use permit to establish a type 2 restaurant. Ald. Brady proposed the additional condition that the property owner shall provide an eight (8) foot high solid wall or fence across the rear of the subject property in the event that the existing fence on the premises across the alley to the north is removed or damaged so that it no longer screens the subject property from the dwelling units on the premises across the alley to the north. Ald. Warshaw stated that given the configuration of the alley, it would be more beneficial to maintain the fence across the alley from the subject property if permission is given by the owner. Mr. Steven Bernstein, attorney for the applicant, concurred with Aid. Warshaw. The Committee directed staff to work with Mr. Bernstein to draft a condition that would allow the applicant, with the owner's permission, to maintain the fence across from the subject property. If permission was not obtainable, then the applicant would be required to fulfill the condition proposed by Ald. Brady. The Committee voted 3-0 to recommend to City Council approval of a special use for a type 2 restaurant and directed staff to provide a clean copy of the ordinance for the October 22, 1990 City Council meeting. ADJOURNMENT The meeting adjourned at 8:50 p.m. The next regular meeting of the P & D Committee is October 22, 1990 at 7:30 p.m. Staff: / / James Wolinski 70(1/3) E DRAFT. NOT APPROVED �_ -3- I DRAFT, NOT APPROVED Ald. Present: Ald. Absent: Staff Present: Others Present: Presiding Official: MINUTES Planning and Development Committee October 22, 1990 Room 2403 - 7:30 P.K. S. Brady, L. Horton, J. Nelson, J. Rudy and R. Warshaw J. Korshak J. Wolinski, C. Powers, C. Borys, C. Brenniman and R. Rudd None Ald. Morton Minutes of October 8, 1990. Ald. Rudy moved and Ald. Brady seconded that the Committee approve the minutes of the Planning g Development Committee meeting of October 8, 1990. Aid. Warshaw moved that the minutes be amended to reflect on page 2, second paragraph, that the issue regarding the use or non-use of non-metallic tubing be continued to a future P & D Committee agenda when additional information is received. The Committee voted 5-0 to approve the minutes as amended. Communications None Old Business Docket 258-98-90, ZBA 90-8-7(R) re Variation for 2962-66 Central Street. Ald. Nelson moved and Aid. Warshaw seconded that the Committee recommend to City Council approval of a variation to allow the remodeling of a Mobil Oil station at the subject address with the following conditions. I. The gasoline pumping facilities shall be limited to a configuration that will allow no more than eight (8) motor vehicles to be served at any one time; 2. The service station and associated pumps and all station business shall be closed between the hours of midnight to 6:00 a.m. daily; 3. Signage on the premises shall comply with the limits set forth In the variations granted by the Planning & Development Committee setting as the Sign Review and Appeals Board on March 9, 1987; P & D Committee - Minutes October 22, 1990 A. Best efforts shall be made to limit deliveries to the premises between the hours of 6:00 a.m. to midnight daily 5. Planting adjacent to the alloy and within 15 feet of the public sidewalk shall be limited to a maximum height of three feet; 6. All light shall be installed and thereoften maintained in conformance with the plans to be placed on file, provided that no lighting shall be installed or maintained that will shine directly on adjacent property; 7. Motor vehicles of employees of the business and vehicles left by owners with employees for servicing shall not be parked on the street or sidewalks by service station employees and the petitioner shall undertake to locate adequate off-street parking for such vehicles; B. the proposed construction and use of the premises shall be in substantial compliance with the plans to be placed on file in connection with this case including landscaping on the alley side of the property; 9. Petitioner and successors shall join any petition initiated by others to pave the adjacent alley. Ald. Nelson stated that he had met with neighbors and representatives of the petitioner in an effort to address all of the concerns expressed by both parties. Ald. Rudy observed that the gable roof proposed for the canopies was more in the residential character of the neighborhood versus the originally proposed flat -roof canopies. Ald. Nelson further explained that Mobil will provide the City of Evanston with a letter indicating its arrangements for additional off-street parking. Since no ordinance was prepared, due to the lack of a recommendation from ZBA, the Committee stated that it would recommend introduction and suspension of the rules at the November 5, 1990 meeting to allow adoption of this ordinance. The Committee voted 5-0 for the approval of the variation with the various conditions set forth above. New Business Design Review Drew Petterson, a member of the Plan Commission, was present and updated the Committee with respect to the Plan Commission's ongoing discussion regarding -2- I P & D Committee - Minutes October 22, 1990 the possible design review ordinance. Petterson stated that a main issue emerging from the Plan Commission discussions has boon the addition of yet another step in the development process that would be created by design review. He further stated that concerns was expressed regarding the legality of imposing design standards, and if design guidelines and standards are put in place, would they truly reflect the aesthetic values of all Evanston residents. Petterson stated that the eleven (11) groups mentioned in the October 15, 1990 memo to the P & D Committee have been invited to provide in writing to the Plan Committee subcommittee studying design review, their position. Petterson stated that the response was requested by October 31, 1990 and that the Plan Commission will conduct a public hearing on November 14, 1990 to further hear testimony. Petterson stated that the Chicago Bar Association was presenting a discussion of the legal aspects of design review at an upcoming meeting. Ald. Brady requested that city staff attend that meeting and provide a memo to P & D with respect to the discussion. Downtown Forum Al Belmonte, Chairman of the Plan Commission, was present and presented a brief history of downtown forum which took place on June 29, 1990. Belmonte reviewed with the Committee a memo dated October 15, 1990 with attachments in the form of a transcript from the downtown Evanston Workshop in addition a summary report of the same. Belmonte emphasized a finding of the downtown forum which called for an Umbrella Group to consist of the City in addition to the Chamber, Inventure, EVMARK. Belmonte further stated that it was found that there is no clear cut responsibility in either EVHARK or the City of Evanston staff with respect to downtown projects. He stated that it was the recommendation that the City have a single person designated to address downtown issues. Belmonte further stated that the Committee felt strongly that a person (City employee or otherwise) should spent full-time on these downtown issues. He further stated that the downtown plan is very fluid and flexible particularly with respect to zoning provisions which are currently being reviewed by the Zoning Commission. In response to a question from Chairman Morton regarding traffic signalization on Everson. Belmonte stated that EVMARK has the gateways and traffic flow issue on its agenda. With respect to some issues delineated in the summary report of the downtown workshop, Ald. Rudy requested that City staff analyze the review process and. compare it to what other communities are doing. He further observed that the new zoning ordinance may very well eliminate some of the delays or the need for zoning relief. In response to a question from the Committee, Belmonte stated that the Plan Commission would like the P & D Committee to recommend to City Council approval of the Plan for Downtown Evanston. After a brief discussion, Ald. Brady moved and Ald. Warshaw seconded that the (1) the Mayor appoint an Alderman and that the City Manager designate a staff member as part -3 - 1 � � P & D Committee - Minutes October 22, 1990 of the Umbrella Group; (2) that a City employee be functions for the Umbrella Group; (3) that the P & downtown Evanston. The Committee voted 5-0 on the to draft a report and recommendations for Council 1990 meeting. designated to perform staff D endorses the plan for motion and directed staff action at the November 5, Docket 272-1OH-90, Request for Zoning Fee Waiver re 2526 Ridgewav Avenue. The Committee reviewed information provide by the applicant requesting a waiver of zoning fees regarding an application for a special use by the Romanian Folk Art Museum at 2526 Ridgeway Avenue. In discussion, the Committee indicated leaning to not approving the request since no evidence for hardship was presented. The Committee expressed concern that to grant a waiver, would result in the cost being passed onto someone else (i.e. taxpayers). The applicant was present and stated that she could provide financial reports and information to justify the hardship. Ald. Rudy moved and Ald. Nelson seconded that the matter be held over to the next meeting to have the applicant to provide financial reports and projected revenues and directed staff to aid the applicant in filing the request for waiver. The Committee voted 5-0 to hold the matter until further information is supplied. ADJOURNMENT The meeting adjourned at 9:00 p.m. The next regular meeting of the P & D Committee is November 5, 1990 at 7:30 p.m. Staff: Robert T. Audd 70(1/A) -4- DRAFT. NOT APPROVED DRAFT. NOT APPROVED MINUTES Planning and Development Committee November 5, 1990 Room 2403 - 7:30 P.M. Ald. Present: S. Brady, L. Morton, J. Rudy and R. Warshaw Ald. Absent: J. Korshak and J. Nelson Staff Present: J. Wolinski, D. Rasmussen, E. Szymanski and R. Rudd Others Present: None Presiding Official: Ald. Morton Minutes of October 22, 1990. Ald. Brady moved and Ald. Warshaw seconded that the Committee approve the minutes of the Planning & Development Committee meeting of October 22, 1990. Ald. Brady clarified the minutes with respect to P1an.Commissioner Al Belmonte's recommendation for staff support for the Downtown Umbrella Group. Ald. Brady requested that the minutes be amended to reflect that Belmonte did not ask for a full-time City staff person for the Umbrella Group, but only a part-time. Ald. Brady also suggested that the minutes reflect her request that staff provide a report with respect to possible criteria for zoning fee waiver requests. The Committee voted 4-0 to approve the minutes as amended. Communications Chairmanship Memorandum The Committee received without comment. City Staff Designee for Downtown Evanston Umbrella Group. The Committee received without comment. ZBA 90-39-V(F), Final Variation Decision re 2623 Ridge Avenue. Ald. Rudy requested that follow-up to assure that the narrow strip of vacant property be placed on the tax roll. ZBA 90-40-V&SU(F) Final Variation and Special Use Decision re 1917 Cleveland Street. The Committee received without comment. ZBA 90-37-V(F), Final Variation Decision re 2450 Pioneer Road. Ald. Warshaw observed that it was unfortunate that the request was denied since the architectural drawings were so good. - Minutes - P & D Committee November 5, 1990 ZBA 90-37-V(F) Final Variation Decision re 2450 Pioneer Road. The Committee received without comment. ZBA 90-34-V&SU(F), Final Variation and Special Use Decision re 2252 Ridpe Avenue. Ald. Brady requested that staff see that the Zoning Commission fully addresses the various issues of front yard fences particularly regarding location near alleys and street intersections in addition to the issue raised in this particular case with respect to the possible dangers of an 18 inch high front yard fence. Regarding a different matter, Ald. Rudy requested that materials forwarded to him by residents of Sherman Garden also be copied and sent to other P & D members. Now Business Docket 290-11A-90, Plat of Resubdivision re 1811-15 Lemar Avenue. Ald. Warshaw moved and Ald. Rudy seconded that the Committee recommend approval of a plat of resubdivision at 1811-15 Lemar. The Committee voted 4-0 to recommend approval of the plat. Docket 291-11A-90t RRquest for Zoning Fee Waiver re 1148 Ashland Avenue. Ald. Warshaw moved and Ald. Rudy seconded that the Committee recommend to City Council denial of a request for waiver of zoning fees. Ald. Brady suggested - to the Committee that it be sensitive to the nature of the confidential Information supplied to the Committee as a basis for this request since the Committee was advised by the Legal Department that the matter could not be heard in closed session. Ald. Brady questioned why, the cost of zoning fees could not be included in the construction financing package? Ald. Warshaw observed that it would appear that any fee waived for one citizen would need to be absorbed by other taxpayers. She further stated that a request to the ZBA such as this is one by choice of the applicant and not caused by any City action. firs. !borer, the applicant, stated that she and her husband were not requesting relief from building fees, but only the zoning variation fees. she stated that a variation was needed due to the nonconformity of the lot and that the current structure is too small for their family size in addition to the fact that substantial reconstruction is required due to a partial, failure �_ of some of the structural members of the roof. After additional review by the Committee of the financial statements, it was recommended that Mrs. Hoorer'contact the Rehab Department since it appeared that her family may be eligible for a Rehab Loan. After further discussion the Committee voted 4-0 to recommend denial of the fee waiver request but strongly encouraged Mrs. Moorer to follow through on the possible Rehab Loan. &41 / 0 - Minutes - P & D Committee November 5, 1990 Old Business Docket 272-10B-90, REauest for Zoninx Fee Waiver re 2526 Ridxewav Avenue. Ald. Warshaw moved and Ald. Brady seconded that the Committee recommend denial for a request for waiver of zoning fees regarding an Application for a special use by the Romanian Folk Art Museum. The Committoe roviewed additional financial documentation that was requested at the last meeting. Ald. Warshaw observed that the museum appeared to have dollars to ndd to the museum but not money to pay bills. Ald. Brady stated that there appeared to be difficulty within the organization in running a responsible museum since it could not pay various bills. Ald. Brady stated that she might be in favor of the museum since it was a not -for -profit tax exempt organization to request a waiver but that in this case, it did not appear to act responsibly in its financial dealings as evidenced by its choice to spend money to send people to Romania rather than to pay bills or the zoning fee. The Committee voted 4-0 to recommend denial of the request. In a matter not on the agenda, Ald. Brady questioned the recent notices with respect to various applications from Evanston and St. Francis Hospitals. Staff explained the notification procedure as set forth in the hospital provisions of the zoning ordinance. .In response to suggestions for amending the procedure, staff stated that recommendations would shortly be presented to the Zoning Commission as part of their comprehensive amendment to the Zoning Ordinance that would address the sometimes cumbersome procedure. ADJOURNKENT The meeting adjourned at 8:30 p.m. The next regular meeting of the P & D Committee is November 19,,1990 at 7:30 p.m. staff: W�__ .............. Robert T. Rudd 70(1/3) DRAFT, NOT APPROVED DRAFT, NOT APPROVED MINUTES Planning and Development Committee November 19, 1990 Room 2403 - 8:30 P.M. Ald. Present: S. Brady, L. Morton, J. Nelson, J. Rudy and R. Warshaw Ald. Absent: J. Korshak Staff Present: J. Wolinski, C. Brenniman, C. Powers and R. Rudd Others Present: None Presiding Official: Ald. Brady Minutes of November 5, 1990. Ald. Warshaw moved and Ald. Rudy seconded that the Committee approve the minutes of the Planning & Development Committee meeting of November 5, 1990. The Committee voted 5-0 to approve the minutes as submitted. Communications Special Sign Committee Report re Status of Peace Pole and Chamber of Commerce Sjpn . The Committee accepted the report. Alleged Violations of Ordinance 126-0-89 re 815 Emerson Street. Rudd reviewed with the Committee some of the alleged violations made by residents of the Sherman Garden Apartments with respect to the commercial project on Emerson Street (Little Caesar's, White Hen). Staff explained the difficulty in enforcing several of the provisions of the special use permit for Little Caesar's. A review of the material submitted by residents of Sherman Garden found that many of the items were parking related violations and not subject to the special use ordinance. As indicated by the letter submitted, the Police Department has been called on numerous occasions and has the responsibility of enforcing the "no parking" requirements on Emerson Street. After further discussion, Ald. Rudy recommended that staff attempt to set-up a joint meeting With residents of Sherman Garden, representatives of the shopping center, the Police Department and the Aldermen of the ward. Chairman Brady requested that the results of the joint meeting be reported back to the Planning & Development Committee at a later date. Old Business Docket 258-9B-90, Ordinance 125--0-90, ZBA 90-8 -V(R) re Variations for 2956-66 Central Street. Ald. Nelson reported to the Committee that to date he was unsuccessful in resolving all of the issues involved regarding the Mobil Service Station on the - Minutes - P & D Committee November 19, 1990 southeast corner of Central and Central Park. He stated that numerous changes and compromises have been made between the neighbors and Mobil Oil and currently the only point of contention is with respect to the number of islands and pumps to be located on Central Park. Ald. Nelson stated that the residents would prefer to see a four (4) pump island located on Central versus Mobil Oil's request to locate the four (4) pump island on Central Park. Ald. Nelson explained that it is Mobil's position that acceptable engineering standards cannot be met by placing the four (4) pump island on Central (lack of turning radius). Mr. Wagner and Mr. Miner representing Mobil Oil Corporation and the service station operator, respectively, confirmed Ald. Nelson's statements. Mrs. Peterson, a neighbor, expressed a concern of the neighborhood with respect to the traffic congestion at the Central Park/Central Street intersection. She stated that a large number of children cross at that point going to and from Willard School north of Central Street. She stated that the new configuration of the service station will add to the already excessive congestion. Mr. Norman Raedle, a neighborhood resident, stated though the proposed turning radius for the four (4) pump island on Central Street does not meet exact engineering standards, the proposal is very near to being acceptable. Mr. Raedle suggested that the planting areas at either Central Park and Central and/or at the eastern most point of the property on Central Street, be removed to allow a greater turning radius. To do so will eliminate most or all of the landscape areas along Central Street. Mr. Raedle stated that to place the four (4) pump island on Central Park would create great difficulty for the gas tanker trucks which provide fuel to the station. Ald. Nelson requested that the Committee hold this matter over to the next meeting and requested that the City have an independent, outside traffic engineer report on the location of the four (4) pump island on Central versus Central Park. The Committee voted to hold the matter over until the December 10, 1990 meeting, at which time the Committee stated that it would either vote up or down on the project. ADJOURNMENT The meeting adjourned at 9:00 p.m. The next regular meeting of the P g D Committee is December 10, 1990 at 7:30 p.m. Staff: Robert Rudd 70(1/4) -2- DRAFT. NOT APPROVED DRAFT. NOT APPROVED MINUTES Planning and Development Committee December 10, 1990 Room 2403 - 8:00 P.M. Ald. Present: S. Brady, J. Korshak, L. Morton, J. Nelson. J. Rudy and R. Warshaw Ald. Absent: None Staff Present: J. Wolinski and R. Rudd Others Present: None Presiding Official: Aid. Brady Minutes of November 19. 1990. Ald. Warshaw moved and Ald. Rudy seconded that the Committee approve the minutes of the Planning & Development Committee meeting of November 19, 1990. The Committee voted 5-0 to approve the minutes as submitted (Ald. Morton absent). Communications ZBA 90-43(F). Final Decision on Suspension of ZBA Rules re 835 Florence Avenue. Ald. Warshaw observed that applicant appeared to not be aware of what standards exist. ZBA 90-45-V(F), Final Variation Decision re 1317 Chancellor Street. The Committee received without comment. Old Business Docket 258-9B-90, Ordinance 125-0-90, ZBA 90-8-V(R) re Variations for 2962-66 Central Street. Chairman Brady reviewed with the Committee the subject application that has - been before the Committee for the past several weeks. Ald. Nelson explained_ the concerns expressed by the neighbors, particular with respect to children traveling north and south to Willard School and the possibility of added traffic congestion at the intersection of Central and Central Park. Additionally, Ald. Nelson indicated that the lone remaining issue was the configuration of the pump islands. Ald. Nelson explained that the neighborhood wished to have the four (4) pump island on Central and the two (2) pump island on Central Park. Mobil Oil Corporation has requested the opposite. Chairman Brady explained to the Committee that the other Alderman's (Wold) position supported the neighbors. Ald. Nelson stated that he supported = the plan as proposed by Mobil Oil in addition to the various compromises that were made throughout the site plan. oft Minutes - P & D Committee December 10, 1990 After further discussion with representatives of Mobil Oil and nearby residents which address the issues of the pump island configuration, traffic routes, automobile traffic, turns and pedestrian routes, Ald. Rudy moved and A1d. Morton seconded that the Committee amend tho previously introduced ordinance to now allow for a four (4) pump island on Central and a two (2) pump island on Central Park. The motion failed, 2 ayes (Aldermen Morton and Rudy) 4 nays. Therefore the subject ordinance, as requested by Mobil Oil, would be for adoption at the City Council meeting of December 10, 1990. ADJOURNMENT The meeting adjourned at 9:00 p.m. The next regular meeting of the P & D Committee is January 14, 1990 at 7:30 p.m. Staff V //,�{�/�� Robert T. Rudd 70(1t2) 1pa DRAFT. NOT APPROVED