D. Committee of the Whole

APPROVED VILLAGE OF LAKE ZURICH COMMITTEE OF THE WHOLE DECEMBER 8, 2008 The meeting was called to order at 8:03 p.m. ROLL CALL: Present –Mayor Tolomei, Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor. Also present –Administrator Vitas, Village Attorneys Kirlin and Furr, Police Chief Finlon, Fire Chief Mastandrea, Park and Recreation Director Perkins, Public Works Director/Engineer Heyden, and Building and Zoning Director Peterson. APPROVAL OF NOVEMBER 24, 2008 MINUTES: MOTION made by Trustee McAvoy, seconded by Trustee Poynton, to approve the minutes of the November 24, 2008 Committee of the Whole as submitted. Voice vote, all in favor. MOTION CARRIED. DOWNTOWN FORM-BASED REGULATIONS – VARIOUS AMENDMENTS TO ZONING CODE AND ZONING MAP – PLAN COMMISSION RECOMMENDATION Introductory comments were made by Village Administrator Vitas. He was very pleased with the results of the proposed regulations and said they reflect the transparency that the Board of Trustees sought and included a great deal of citizen participation. He thanked the Board of Trustees, staff, legal counsel, Plan Commission, and the residents who all participated in the creation and review process. Building and Zoning Director Peterson also thanked those who contributed to the regulations and outlined the review process for this evening. The chronological sequence of the creation and the revisions to the form-based regulations were reviewed and the revisions summarized. A review of the booklet, Village of Lake Zurich, Form-based Regulation, Village Board Review Copy, December 8, 2008, was reviewed and discussed with staff answering questions posed by the Board of Trustees. Village Attorney Furr, who provided legal guidance for the Village, addressed the variation and administrative review process and provided clarification in several areas. Rob Goodill, Torti Gallas and Partners, answered questions and also provided clarification in several areas. Public Works Director/Engineer Heyden said staff is considering creating a master utility plan to assist the developer so they know what will be expected from them. There will be a jurisdictional transfer of Main Street. IDOT will retain control the right-of-way, but the road will belong to the Village of Lake Zurich although legally the State will still own it. The community pier was discussed. Village Attorney Furr said a classification permitting the pier was added to the zoning regulations. Building and Zoning Director Peterson said the pier would be on Village-owned property although the location is unknown at this time. Committee of the Whole Minutes, December 8, 2008 2 Discussion on allowable building height and what constitutes a story followed with Mr. Goodill defining a story. Building and Zoning Director Peterson said the regulation is very specific and does regulate height. Mr. Goodill and Building and Zoning Director Peterson also addressed the proposed traffic circle. Mayor Tolomei added that due to funding, the traffic circle would probably not be installed until some date in the future so should not be an issue at this time. Exterior appearance, allowable building materials, the architectural review process, open space, regulations regarding buildable areas, and lighting standards were also reviewed and discussed. MOTION made by Trustee McAvoy, seconded by Trustee Taylor, to recommend the Board of Trustees adopt an ordinance amending the Lake Zurich Zoning Code to add a new Part 5 to Section 7 to provide form-based code provisions to a new downtown form-based regulation overlay district to Section 7-303 of the Zoning Code to allow a community pier; to Section 7-303 to allow variations from certain requirements to form-based regulations under Section 17-103 A; to add requirements of the form-based regulation overlay districts to the appropriate section of the Zoning Code relating to site plan and exterior appearance approvals under Sections 20-101-C and 20-101-A and adopt the Charrette book and form-based regulations as proposed. AYES: 5 Trustees Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 ABSTENTION: 1 Trustee Branding MOTION CARRIED Trustee Branding abstained on all items in the above ordinance but voted Nay on the community pier in its present form. MOTION made by Trustee Taylor, seconded by Trustee McAvoy, to recommend the Board of Trustees to adopt a Village of Lake Zurich zoning map amendment for the form-based overlay district and modify the downtown redevelopment overlay district. AYES: 5 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 ABSTENTION: 1 Trustee Branding MOTION CARRIED EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING, PROBABLE, OR IMMINENT LITIGATION MOTION was made by Trustee Johnson, seconded by Trustee McAvoy, to adjourn to Executive Session for the purpose of discussing pending, probable or imminent litigation and not reconvene to Open Session at 9:37 p.m. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED The meeting was adjourned at 9:37 p.m. Submitted by: Approved: 1/5/09