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    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-09-02Action Requested:

    X Approval

    For discussion

    Feedback requestedFor your information

    Staff Contact: Carrie Davis, Director of CP&D

    Phone Number: 847 / 318-5296E-mail Address: [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 5.8to 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 4.8The 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 Councils review authority should be revised to reflect a two-

    thirds 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 thesecond line, under further action, be changed to state: None, Planning and Zoning Commission is final.

    Section 14.6.C.2The 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.

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    Sections 15.3.A, 15.4.A and 16The 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 ZoningOrdinance, Zoning Case Number TA-09-02, as submitted.

    Budget Implications:

    Does Action Require an Expenditure of Funds: Yes X NoIf Yes, Total Cost:

    If Yes, is this a Budgeted Item: Yes 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