City Council Agenda Cover Memorandum

City Council Agenda Cover Memorandum Meeting Date:

November 2, 2009

Item Title:

First reading of an ordinance for text amendments to the Zoning Ordinance, Zoning Case Number TA-09-02

Action Requested: X

Staff Contact: Phone Number: E-mail Address:

Approval For discussion Feedback requested For your information Carrie Davis, Director of CP&D 847 / 318-5296 [email protected]

Background: The Planning and Zoning Commission considered several proposed text amendments to the Zoning Ordinance at its September 22, 2009, meeting. The Commission recommended approval to Sections 4.8, 15.3.A, 15.4.A and 16. The Commission denied changes to Section 14.6.C.2, therefore, the proposed amendment is not reflected in the draft ordinance. The Commission tabled the discussion on Section 5.8 to a future meeting to allow the City Attorney an opportunity to clarify portions of this section that the Commission found confusing. The final language recommended by the Commission is specified in the draft ordinance. Items in bold represent new language. Language that is stricken represents existing language to be deleted. The proposed amendments were on the October 19, 2009, City Council agenda for first reading. The Council deferred the matter to its November 2 meeting so that all the aldermen, including Alderman Carey who was unable to attend the October 19 meeting, to be present and make comments. Section 4.8 The Commissioners agreed that the current review process protects the system from potential political influence. The Commission serves as a proper check and balance to the system. Private parties have appropriate recourse through the Circuit Court if the Commission denies a text amendment. The Commissioners found that proposed changes to section 4.8 would be appropriate. The Commission suggested that the new chart describing the Council’s review authority should be revised to reflect a twothirds supermajority vote required by Council in the first and fourth lines, and that the Council vote should be changed to “not applicable” in the second line. The Commissioners also recommended that the second line, under further action, be changed to state: None, Planning and Zoning Commission is final.” Section 14.6.C.2 The Commissioners were disappointed that the Council denied the Commissioners’ previous recommendation to remove ground pole signs from the Zoning Ordinance entirely. The Commissioners were in favor of retaining the current wording in the Ordinance regarding the distance of these signs from a property line. Some suggested that if the signs are going to be continues to be allowed, that the dimensions should be limited. Therefore, the Commissioners denied the request.

Sections 15.3.A, 15.4.A and 16 The Commissioners considered the proposed changes to nonconforming uses, nonconforming structures and the general definitions to be consistent with the way definitions are presented in the Zoning Ordinance. Recommendation: Move City Council approval of the first reading of an ordinance for text amendments to the Zoning Ordinance, Zoning Case Number TA-09-02, as submitted. Budget Implications: Does Action Require an Expenditure of Funds: If Yes, Total Cost: If Yes, is this a Budgeted Item:

Yes Yes

X No No

Attachments:
Planning and Zoning Commission meeting minutes, dated September 22, 2009
Staff Memorandum to the Planning and Zoning Commission, dated September 22, 2009
Draft Ordinance

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