The regular meeting of the City of Washington Planning Commission was called to order at 6:30 p.m. in the meeting room at Washington District Library by Vice Chairman Doug Wilson.

Present and answering Roll Call were Commissioners Bill Hartter, Bill Bradle, Doug Wilson, Carol Moss, Jeff Borders, Tom Brecklin, and Jim Linsley. Commissioners Mel Joos and Jeff Fuerst were absent.

Also present was Planning & Development Director Jon Oliphant, City Clerk/Planning Commission Secretary Pat Brown, and Mr. Tony Berry.

Commissioner Moss moved and Commissioner Brecklin seconded to approve the minutes of the June 2, 2010 Planning Commission meeting as presented. Motion carried unanimously by voice vote.

Commissioner Jeff Fuerst entered the meeting at 6:33 p.m.

A public hearing for the purpose of hearing comment pertaining to Zoning and Subdivision Code amendments regarding Zero Lot Line Multi-Family Residential Developments opened for comment at 6:40 p.m.

Planning & Development Director Oliphant provided a brief summary of the amendments indicating that only a couple of changes have occurred since their discussion at the June 2, 2010 Planning Commission meeting. He noted the following two changes from the previously discussed amendments: 1) in the Zoning Code definition section under zero lot line multi-family the proposed language was added "Any side of a ZLLMF structure that faces a public street or faces a future public street is recommended to utilize landscaping, windows, doors, or other building articulation in order to break up a blank façade;" and 2) a part of the previously proposed language in the Subdivision Code was stricken, "No building permit or certificate of occupancy shall be issued until such covenants, conditions, and/or restrictions are approved by the City." He also shared that there are impending changes coming that will require a rewrite of the City's condominium regulations in the Subdivision Code which will provide for condominiums to conform to the Illinois Condominium Property Act and noted that he has met with City Attorney Ken Black regarding these upcoming changes and how they will affect the City.

Petitioner: Mr. Tony Berry, 1968 Deer Lane, presented an overview of how the proposed amendments came about. He commented that by adding zero lot line multi-family as a permitted use in R-2 zoning it only adds another method of ownership and does not allow the construction of a building that the City has not allowed under its existing condominium regulations. Several handouts were distributed by Mr. Berry that included: examples of existing condominium housing in the City; a theoretical site plan that shows what a ZLLMF would look like; and a copy of Hunters Glen, Section Three subdivision plat that shows a sewer main going between lots to serve two separate properties. He commented that the handouts show that these proposed amendments are not creating anything that isn't already allowed under the City's current regulations and stated that he is only seeking to merge the proposed permitted use with already existing regulations to allow people to seek an alternative method of ownership.

A general discussion ensued regarding the special use option for the ZLLMF use. Staff had originally proposed the option because of the possibility that there may be existing R-2 zoned property where this use would not be ideal and a special use would keep some control with the Planning Commission. Mr. Berry was not in favor of the special use provision because the process becomes subjective with a significant amount of time invested and no assurance of the use being permitted and remarked that under the City's current zoning regulations in an R-2 zoning district this type of building is allowed to be built as a condominium.

Commissioner Bradle asked P & D Director if the City would be taken completely out of the process of regulating condominiums due to the impending changes that will occur and P & D Director Oliphant replied basically yes, the property developer would only be required to submit documentation to the City that shows it meets the Illinois Condominium Property Act.

Further discussion ensued regarding the differences between existing regulations and the regulations being proposed. Some Commissioners were more comfortable with having some control with this type of use and others were not as concerned. It was also noted and clarified that it's not the duty of the Planning Commission to make changes to codes based on the financial difficulty of others and is the duty of the Planning Commission to determine the highest and best use of the land.

Audience Comments: No audience was present.

At 7:10 p.m. the public hearing was closed.

Commissioner Fuerst asked that if we accept the proposed amendments is there still an option for them to individually come before the Planning Commission and P & D Director Oliphant replied, only if the Planning Commission amends the proposed amendments to require a special use permit. He went on to say that the proposed amendments before you are what staff is recommending and does not include a special use provision. He added that staff is comfortable with the ZLLMF concept and feels it will work in the city. Commissioner Moss asked Oliphant if he was comfortable with ZLLMF as a permitted use and he replied, yes. Commissioner Fuerst commented that the buildings will have to be permitted through the City's Building Department and there is a level of control there.

There were no further comments.

Commissioner Fuerst moved and Commissioner Hartter seconded to recommend approval of the proposed amendments as written. 
On roll call the vote was: 
Ayes: 5 Linsley, Wilson, Borders, Brecklin, Fuerst 
Nays: 3 Moss, Bradle, Hartter 
Motion declared carried.

P & D Director Oliphant reminded the Commissioners that the American Planning Association Illinois Chapter holds a state conference each year and encouraged them to attend if their schedules allow. He added that the conference this year is in Normal, Illinois and reminded everyone that as appointed officials the City will pay for 50% of the registration cost.

There was no additional discussion and no additional business and at 7:23 p.m. Commissioner Moss moved and Commissioner Bradle seconded to adjourn. Motion carried unanimously by voice vote.