Building & Zoning Committee

“Where People Count” Community Development 1000 Civic Center Drive, Niles, Illinois 60714 Mayor Telephone (847) 588-8040 ● Fax (847) 588-8050 ● TDD (847) 588-8059 Robert M. Callero Trustees Chris Hanusiak James T. Hynes October 21, 2011 Joe LoVerde Rosemary R. Palicki Louella B. Preston Building and Zoning Committee Meeting 8:30 a.m. Andrew Przybylo Village Manager George R. Van Geem In Attendance: Robert M. Callero – Mayor Village Clerk George Van Geem – Village Manager Marlene J. Victorine Steve Vinezeano – Assistant Village Manager ______________ Joe Annunzio – Village Attorney (Left meeting early) Community Andrew Przybylo – Village Trustee Development Tom Kanelos – Planning & Zoning Committee Director Chuck Ostman – Community Development Director Charles Ostman Rich Wlodarski – Community Development Assistant Director Mary Ann Starzynski – Recording Meeting called to order at 8:35 a.m. by Andrew Przybylo. Approval of Minutes: A motion was made by Andrew Przybylo for the minutes of the September 22, 2011 meeting to be approved. This was seconded by George Van Geem. All were in favor. Comprehensive Plan Update – Tom Kanelos stated that there was a meeting where all the plan commission members were invited together with all the trustees. Then there was a public meeting that went smoothly. Not many questions were asked and it was passed 6 to 1. Next step is a vote at the October 25, 2011 Village Board meeting at 8 p.m. It is on the agenda. Items to be discussed: 1. Tattoo Parlors 2. Pawn Shops/Precious metal dealers 3. Donation Boxes 4. Auto towing/salvage operations 5. Change of character of special use 6. Massage establishments 7. Catering to permitted use in B-1 zoning district 8. Drive-up windows as a special use www.vniles.com   TATTOO PARLORS – different types of services. Chuck Ostman stated that tattoo services being either cosmetic or body art are not permitted in any zoning districts in the Village right now. There was a request for the village to consider a text amendment to the zoning code to permit cosmetic tattooing. The Illinois Department of Public Health regulates tattooing in the State of Illinois for licensing. The following surrounding municipalities permit and have tattoo services: Des Plaines, Schaumburg, Addison, Libertyville, Melrose Park, Roselle, Wheaton. The definition of "Tattooing" means any method of placing ink or other pigment into the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This term includes all forms of cosmetic tattooing. Two women were in attendance from the KIM SUN YOUNG BEAUTY SALON INC. located at 9369 N Milwaukee Avenue, Niles, IL: The owner and Amanda, an employee currently at the shop. Amanda clarified that tattooing punctures the 3rd layer of skin and is permanent and cosmetic tattooing only punctures the 1st layer of skin therefore is not permanent in nature. The needle used for cosmetic tattooing is not the same as a full tattooing needle. The owner restated that the cosmetic tattooing is for beauty enhancement, help with discoloration and it fades within a 1 -2 year period – not permanent. Tom Kanelos asked if the State of Illinois defines tattooing as 1st layer only. Amanda responded that the State of Illinois considers any puncture of skin tattooing. Tom Kanelos then said cosmetic tattooing is 1st layer and full tattooing is more layers. Chuck Ostman responded that he was confident that the village could come up with the proper wording for cosmetic tattooing as other communities allow such. Andrew Przybylo felt that perhaps if this service were offered within an “existing” business, not a free standing business, it could be acceptable. Amanda stated that the shop must be certified by the Illinois State Department of Public Health, this is a requirement and that the shop would be monitored and inspected by the State of Illinois Department of Public Health. Chuck Ostman stated that the committee would have to decide whether or not to pass this on to the Planning and Zoning committee. He also stated that an ordinance would need to be drafted. Steve Vinezeano stated that it is a 2 – 3 month process at least. Andrew Przybylo felt it was necessary for the ordinance to differentiate tattooing and cosmetic tattooing. Chuck Ostman responded that he would prepare the proper wording and bring it back to the committee for approval. Everyone agreed. Andrew Przybylo thanked the women for attending and told them we would contact them at a later date.  PAWN SHOPS: Currently in the Village of Niles there is one legal business, A1 Jewelry and Loan located at 8028 N Milwaukee Avenue that acts as a pawn shop. The Illinois Department of Professional Regulation is responsible for licensing all pawn shops in Illinois. The zoning code currently allows only precious metal dealers to provide loans on such personal property. Precious metal dealers: Person buying or selling gold, silver or platinum, and buying and selling stones and jewelry. Also includes extending loans on such personal property. There is a request for the village to consider a text amendment to allow pawn shops. The business which is currently located in Wheeling was in attendance at the meeting. A short video was played for all to view their current set up. Facts:  There are 4 pawn shops within 5 miles of Niles and 39 pawn shops within 10 miles.  In 2006, the total amount financed by pawn shops was $85,266.304.23. In 2010, that dollar amount was $107,296,410.36.  In 2006 and in 2010 the percentage of total pawns surrendered to law enforcement was .13%. 2 The gentlemen representing the shop clarified how a pawn loan works. Pawn loans are a quick and easy way to borrow money without a credit check or hassle. Loans are based on the value of your collateral, not your credit rating or pay schedule. A typical pawn loan may have a term length of 30 days/one month, plus a 30- day/one month grace period. If you cannot pay back your loan in full, including any applicable grace period, they offer extensions/renewals (where permitted by state law) to give you extra time. You may also choose to surrender your collateral as payment in full. They also stated that the majority of customers repay their pawn loans and pick up their merchandise. If a customer chooses not to repay the loan, the merchandise/collateral for the loan is forfeited. Pawn shops are regulated. We are subject to such laws as Truth in Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Patriot Act, and Federal Trade Commission Rules on Data Privacy and Security Transfer. At the federal level, we are regulated by the Federal Trade Commission (FTC), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Treasury Department. We do not accept firearms as collateral for pawn loans or sell firearms in any of our locations. The pawnshops are not stocked with stolen merchandise. Less than 1 percent of items are identified as stolen goods. Pawnshops are actually the worst place to try and get rid of stolen merchandise, despite what you see on television or in the movies. Pawnshops are highly regulated, work very closely with local and federal law enforcement officials, and train their staff to be on the lookout for and identify stolen property. In addition, every pawn transaction is shared with local & county police departments on a daily basis. Andrew Przybylo asked for security reasons do they have a buzzer system of letting people into and out of the shop. Also do they have cameras to monitor the premises? The gentlemen responded yes to both questions. Andrew Przybylo stated that if this were to be allowed it would be subject to special use and wanted to know if they consider themselves to be a short term loan. The gentlemen responded yes as most people, 80%, redeem their items. Andrew Przybylo then asked if they would be opposed to taking digital pictures of items accepted. The gentlemen responded not at all, that would be fine. Again they were asked if they accept weapons to which they responded NO, 0%. The gentlemen stated that they also sell items on EBay. He stated that some items are brought in “for sale” and some “for loan”. This is notated in the file with the item. All payouts are CASH only as the need is immediate. Andrew Przybylo stated that everything sold has a % of sales tax which would come to the village and questioned what percent of merchandise goes for sale on EBay that would not be monitored. The gentlemen responded 5%. At this point the gentlemen were thanked for attending and presenting their business and they left the meeting. Also at this point Joe Annunzio left for another meeting. Chuck Ostman stated that if consideration is to allow pawn shops, they should be allowed only by special use and be located a minimum distance of 300’ from any right-of-way. Andrew Przybylo stated that he felt they should not be stand alone but perhaps Jewellery shops offering pawn or Resale shops offering pawn. Andrew Przybylo stated if considered for legislation pictures of merchandise required, buzz in/ buzz out for security purposes required. Mayor Callero stated that cameras would also be required. Tom Kanelos asked if this is short term economic driven is the village starting something not necessary. Consensus was it is becoming more acceptable in these economic times. Andrew Przybylo stated that all were agreement then but with restrictions of cameras, buzzers and pictures of merchandise.  DONATION BOXES: Permits required: It shall be unlawful for any person or business to place or allow to be placed on their own property a receptacle for the purpose of collecting donations within the Village of Niles without first making application and securing a permit from the Community Development Department. 3   Applicants shall submit written authorization from the property owner consenting to the placement of a donation box on the subject property.  Standards: A permit shall not be issued for a donation box unless it demonstrates compliance with the following standards:  Donation boxes may only be placed on properties zoned to allow commercial, assembly, institutional or industrial use.  Donation boxes shall not be place within a required parking space.  Donation boxes shall not be placed within a required front or corner side yard, or major arterial setback. To the extent feasible, donation boxes shall be placed so as to be inconspicuous as viewed from public right-of-ways.  Donation boxes shall not be placed in such a manner as to cause a sight obstruction for pedestrians or motorists.  Only one donation box shall be permitted per lot or per shopping center, whichever is more restrictive.  Donation boxes shall not exceed six and one half feet (6.5’) in height.  Donation boxes shall be for a not-for-profit organization.  Signage on donation boxes shall not exceed five inch (5”) letter height. All donation boxes shall contain the following contact information in two inch (2”) type visible from the front of the box: the name, address, email, and phone number of both the permittee and operator.  Maintenance: Donation boxes shall be maintained in good condition and appearance with no structural damage, holes or visible rust, and shall be free of graffiti. All boxes shall be free of debris and shall be serviced regularly so as to prevent overflow of donations or the accumulation of junk, debris or other material.  Revocation of Permit: Any permit granted pursuant to the provisions of this Section may be subject to revocation for cause by the Director of Community Development (or his/her designee), including but not limited to the failure to comply with this Section or any other applicable provisions of the Niles Municipal Code. Andrew Przybylo felt the boxes should be shielded. Mayor Callero responded that they can only be shielded on three sides as there needs to be accessibility. Andrew Przybylo also felt it was important to note that the boxes could not affect a neighbour as in a residential area. Chuck Ostman stated that he will make the appropriate language corrections and then this would be ready to go to the Village Board.  AUTO TOWING/SALVAGE: Currently any firm that tows vehicles which are stored inside is classified under “public storage facility”. Vehicle salvage operators, processors and recyclers are not permitted in the M-zoning district. Chuck Ostman stated that there is one public storage facility located on Caldwell Avenue. Vehicle salvage operators are not permitted in Niles. All agreed to the above wording. 4   SPECIAL USE: Chuck Ostman stated that the proposed amendment addresses the concern of a special use that due to change of ownership or remodelling changes the characteristics of the current use and could have a negative impact on the surrounding area for the same reasons that a special use was granted or was identified in the zoning code. Section XI. ADMINISTRATION (H) Special Uses (5) Conditions. The plan commission……If a special use is discontinued for a period of 180 days or longer, OR REMODELING OCCURS THAT SUBSTANTIALLY CHANGES THE CHARACTERISTICS OF THE CURRENT USE, such special use shall become null and void; and any subsequent reinstatement of the special use shall require a new special use permit. Andrew Przybylo and Tom Kanelos both agreed to the change in wording. Everyone agreed this wording should be added.  MASSAGE: Massage services are identified as a special use in the Village of Niles. Chuck Ostman stated that it has always been the policy that massage services done in the public (example would be a kiosk location) done in a chair or table with person fully clothed did not require a special use. He also stated that massage services done by a piece of equipment are not required to obtain a special use. He suggested that all massage services that are regulated by the Illinois Department of Public Health be deemed a special use in the Village of Niles. Andrew Przybylo agreed. There was no disagreement with this item.  CATERING ESTABLISHMENTS: It was agreed that Catering establishments should be a Special Use in BOTH B1 (Business district) and B2 (Service district).  DRIVING THRU FACILITY: Proposed ordinance language- Appendix B – Zoning Ordinance. Section III – RULES AND DEFINITIONS (ADD THE FOLLOWING)  Drive-through Facility. A place of business which through design, physical facilities, service or packaging procedures, encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.  Drive-in restaurant. A drive-in restaurant………. Also Section VIII. – BUSINESS DISTRICTS (ADD THE FOLLOWING) Section VIII. – Business districts (B) B-1 Business District (3) Special Uses. (tt) Drive – through Facility. All agreed to this proposed ordinance language change/addition. 5 DRIVE-THROUGH FACILITY: A place of business which through design, physical facilities, service or packaging procedures, encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles. Drive-through facilities are commercial enterprises with unique qualities which differentiate them from other permitted and special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, moral and convenience by ensuring that such uses are compatible with neighboring property and only minimally impact the area roadway network. 1. Uses Permitted: All drive-through facilities for restaurants, pharmacy, bank, car wash, or similar uses shall abide by the regulations as set forth in Chapter 22 and Appendix B of this code. 2. Hours of Operation: The hours of operation of all drive-through facilities within one hundred fifty feet (150') of a residential area shall be restricted to 6:00 a.m. through 10:00 p.m. daily, excluding automated teller machines (ATMs) at bank facilities. 3. Design Criteria: (a)Vehicle Stacking Area: Vehicle stacking areas shall be isolated from parking and any means of circulation by means of a landscaped median. (b)Access to Public Roadways: The number of access cuts shall be minimized so as to encourage the most optimum traffic movement and circulation pattern onto public roadways. (c)Access with Adjoining Sites: Internal access interconnection with adjoining sites shall be provided wherever feasible as determined appropriate by the director of community development or his/her authorized designee to encourage the most optimum traffic movement and circulation pattern onto public roadways. 4. Provisions for Freestanding Banks: Freestanding banks with drive-through facilities shall be prohibited form locating on a corner lot or along a major arterial roadway unless part of a larger commercial development. (a)If the larger commercial development is less than three (3) acres in area, the freestanding bank shall account for no more than fifty percent (50%) of the total development. (b)If the larger commercial development is more than three (3) acres in area, the freestanding bank shall account for no more than ten percent (10%) of the total development. Updating the zoning code was discussed. Mayor Callero asked when the last time the code was updated. Rich Wlodarski responded 1965. Mayor Callero asked what the update would cost. Chuck Ostman responded in the ballpark of $70,000 - $100,000 and stated that most communities go through an outside consultant. He stated that Camiros is very strong in this area and that Park Ridge had used them to update their zoning code. Chuck Ostman stated that both the Zoning Code and Zoning Map need updates. Mayor Callero stated that a budget would have to be figured for this type of proposal. Chuck Ostman also stated that the Village of Niles could use a Planner. Andrew Przybylo felt it would be well worth the money to have a Planner but that the person would need to know commercial enterprise. Again the Mayor stated this would have to be figured into the budget. No decision at this time can be made. A motion to adjourn was made. Tom Kanelos moved to adjourn. Mayor Callero seconded the motion. All approved. Meeting adjourned at 10:30 a.m. 6