Planning & Zoning Commission

Draft VILLAGE OF BERKELEY PLANNING AND ZONING COMMISSION AGENDA Tuesday, April 22, 2025 6:30 PM 5819 Electric Avenue Berkeley Illinois 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Motion to Approve the Planning and Zoning Minutes from October 22, 3-4 2024 October 22 2024 PZC Minutes.pdf 5. Public hearing regarding proposed Text Amendments to Regulate the 5-8 Height of Lawn Decorations PZC memo - Lawn Decorations.pdf Resolutions No. 25-06.pdf 6. Motion to approve findings of fact and recommendation to the Village 9 - 12 Board regarding proposed Text Amendments to Regulate the Height of Lawn Decorations BK - FOF Text Amendments Lawn Decorations.pdf 7. Public hearing regarding proposed Text Amendments Related to 13 Planned Unit Developments PZC memo - PUD B-4 Zoning District Language Cleanup.pdf 8. Motion to approve findings of fact and recommendation to the Village 14 - 17 Page 1 of 36  Draft Board regarding proposed Text Amendments Related to Planned Unit Developments BK PZC FOF Text Amendment Planned Unit Developments B-4.pdf 9. Public hearing regarding an application for a Special Use Permit at 18 - 33 5241 – 5245 St. Charles Road, Berkeley, Illinois PZC Staff memo - 5245 St Charles Accessory SUP.pdf Teska Report - Special Use - Banquet Hall - 5245 Saint Charles Rd.pdf Special Use Application.pdf Parking Outlook for Approval.pdf First and Second Floor Layout.pdf 10. Motion to approve findings of fact and recommendation to the Village 34 - 36 Board regarding an application for a Special Use Permit at 5241 – 5245 St. Charles Road, Berkeley, Illinois BK - FOF PZC Special Use Permit for Banquet Hall at 5245 St. Charles Road.pdf 11. Chairman's Report 12. Next Meeting 13. Adjournment Note: The Village of Berkeley, in compliance with the Americans with Disabilities Act (ADA), r equests that any persons with disabilities, who have questions about the accessibility of the meeting or facility, contact Village Hall at 708-449-8840, to allow for reasonable accommodations to be made. Page 2 of 36  VILLAGE OF BERKELEY PLANNING & ZONING COMMISSION Minutes Tuesday, October 22, 2024 6:30 p.m. Village Hall 5819 Electric Avenue Berkeley, Illinois 1 Chairman Paul Bullard calls meeting to order at 6:30pm Present at Roll Call: Commissioners Villafana, Routen, Bullard, Jones, Winfield Also present: Assistant Village Administrator Miller, Village Attorney Courtney Willits, Planning Consultant Pete Iosue 2 Motion to Approve the Planning and Zoning Commission Minutes from February 27, 2024 and August 27, 2024 Commissioner Motion Second Ayes Nays Absent Abstain Gustavo Villafana X Bruce Routen X X Paul Bullard X Jackie Jones X X Gail Winfield X VOICE VOTE-MOTION CARRIED 3 Pledge of Allegiance 4 Public hearing regarding a Proposed Text Amendment to Permit Slats in Chain-link Fences Assistant Administrator Miller provides background regarding slats in chain link fences. Chairman Bullard opens discussion about chain link fences and slats. Commissioners discuss along with input from Planning Consultant Iosue and Attorney Courtney Willits. Chairman Bullard closes public hearing. 5 Motion to approve findings of fact and recommendation to the Village Board regarding a proposed Text Amendment to Permit Slats in chain-link Fences Commissioner Motion Second Ayes Nays Absent Abstain Gustavo Villafana X X Bruce Routen X X Paul Bullard X Jackie Jones X Gail Winfield X MOTION CARRIED Page 3 of 36 6 Chairman’s Report-no report 7 Next Meeting-TBD 8 Meeting adjourned at 7:24pm Commissioner Motion Second Ayes Nays Absent Abstain Gustavo Villafana X Bruce Routen X Paul Bullard X Jackie Jones X X Gail Winfield X X VOICE VOTE-MOTION CARRIED Page 4 of 36  Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us MEMORANDUM TO: Planning and Zoning Commission FROM: Justyn Miller, Assistant Village Administrator DATE: April 17, 2025 RE: Maximum Height Restrictions on Lawn Decorations Background Title 12 (Zoning Regulations), Chapter 2 (Rules and Definitions) defines the various items regulated within the Code. The provisions set forth within this section of the Village Code are designed to, among other things, provide a coherent uniformity throughout the Village and aid in the greater curb-appeal of all properties. Recently complaints have been brought before the Village Board in regards to large, stationary and animatronic decorations being displayed year-round. Some of these decorations pose a potential public hazard should they fall due to their heights and weight and others may constitute a public nuisance due to their flashing lights and audible recordings. Staff has concluded that the most effective way to address this ongoing issue is to amend the Zoning Code by adding the following sections to restrict the maximum height of any yard decoration to twelve (12’) feet outside of the allotted seasonal window of October 1 - January 15. The Village Board considered this matter at their February 4, 2025 meeting. Staff provided additional context to the request. More specifically, this request arose after a couple of reported incidents around the community and that the Village currently lacks an enforcement mechanism to address current incidents. The Board also acknowledged that the proposed code changes still allow residents to keep up taller lawn decorations (12’ and under) from October 1 to January 15 each year. The resolution to refer to matter to the PZC was approved unanimously 6-0 by the Village Board. The proposed zoning code changes are as follows: Section 12-2-3 of the Zoning Code be amended to add the following defined terms: LAWN DECORATION: A decorative item, including, without limitation, statue, lawn ornament, lawn art, figurine, fountain, or birdbath. Page 5 of 36  Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us And Amendment Two: Section 12-4-3.D of the Zoning Code is added as follows : Maximum Height Of Lawn Decorations: The maximum height of a lawn decoration viewable from a right-of-way is three (3’) feet, except that lawn decorations viewable from a right-of-way of up to twelve (12’) feet in height are permitted between October 1 and January 15. Previous Action N/A Recommendation Staff recommends the approval of a Findings of Fact and Recommendation Regarding Proposed Text Amendments to Regulate the Height of Lawn Decorations Budgeted Amount N/A Action A Motion to Approve a Findings of Fact and Recommendation Regarding Proposed Text Amendments to Regulate the Height of Lawn Decorations. Attachments • Fact and Recommendation Regarding Proposed Text Amendments to Regulate the Height of Lawn Decorations • Resolution Authorizing the Submission of Proposed Amendments to the Village of Berkeley Zoning Code to Regulate the Maximum Height of Lawn Decorations Page 6 of 36 Page 7 of 36 Page 8 of 36  VILLAGE OF BERKELEY PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECOMMENDATION REGARDING PROPOSED TEXT AMENDMENTS TO REGULATE THE HEIGHT OF LAWN DECORATIONS WHEREAS, the Village of Berkeley (“Village”), per Resolution No. ______ adopted by the Village President and Board of Trustees of the Village on _______ ___, 2025, requested consideration of, and a public hearing on, amendments to the Village of Berkeley Zoning Code (“Zoning Code”); and WHEREAS, the Village, as petitioner (“Petitioner”), requests consideration of amendments to the Zoning Code to regulate the height of lawn decorations (“Proposed Text Amendments”), with the text of the Proposed Text Amendments being set forth in EXHIBIT A attached hereto and made a part hereof; and WHEREAS, the Planning and Zoning Commission (“PZC”) held a public hearing on the question of whether the Proposed Text Amendment should be granted on April 22, 2025, as required by Section 12-16-3 of the Zoning Code, at which time all persons present and wishing to speak were given an opportunity to be heard and all evidence that was tendered was received and considered by the PZC; and WHEREAS, public notice in the form required by law was given of the public hearing by publication not more than 30 days nor less than 15 days prior to the public hearing in a newspaper of general circulation in the Village; and WHEREAS, at the public hearing, Assistant Village Administrator Justyn Miller presented the Proposed Text Amendments on behalf of the Petitioner; and WHEREAS, at the public hearing, one member of the public provided testimony regarding the Proposed Text Amendments; and WHEREAS, following the close of the public hearing, the PZC discussed and deliberated on the Proposed Text Amendments and determined that it would best serve the Village if the Zoning Code were amended as set forth in the Proposed Text Amendments; NOW THEREFORE, the PZC makes the following findings of fact and recommendation pursuant to Section 12-16-3 of the Zoning Code: 1. The Proposed Text Amendments meet the applicable standards for text amendments in Section 12-16-5 of the Zoning Code. 2. The Proposed Text Amendments are in the best interests of the Village, its residents and property owners. 3. The PZC recommends that the Village President and Board of Trustees of the Village of Berkeley APPROVE the Proposed Text Amendments. 1 4897-2784-2095, v. 1 Page 9 of 36  _______________________________ Paul Bullard Chairperson _______April 22, 2025 Date 2 4897-2784-2095, v. 1 Page 10 of 36  EXHIBIT A PROPOSED TEXT AMENDMENTS (attached) 3 4897-2784-2095, v. 1 Page 11 of 36 Amendments to the Village of Berkeley Zoning Code are set forth below, with deletions struck through and additions bold and double-underlined. Amendment One: Section 12-2-3 of the Zoning Code be amended to add the following defined term: LAWN DECORATION: A decorative item, including, without limitation, statue, lawn ornament, lawn art, figurine, fountain, or birdbath. Amendment Two: Section 12-4-3.D of the Zoning Code is added as follows : Maximum Height Of Lawn Decorations: The maximum height of a lawn decoration viewable from a right-of-way is three feet, except that lawn decorations viewable from a right-of-way of up to twelve feet in height are permitted between October 1 and January 15. 4 4897-2784-2095, v. 1 Page 12 of 36  Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us MEMORANDUM TO: Planning and Zoning Commission FROM: Justyn Miller, Assistant Village Administrator DATE: April 17, 2025 RE: Planned Unit Development (PUD) Language Cleanup Background With potential development occurring along the St. Charles Road corridor, staff recently came across conflicts within the zoning code pertaining to Planned Unit Developments (PUD). PUD’s are triggered when a proposed projects total square footage exceeds 20,000 square feet (per section 12-17B-3A of the zoning code). Currently, PUD’s are listed in the special use (SUP) chapter of the Village code but this conflicts with the language in the zoning code pertaining to the B-4 zoning district as this is listed currently as a permitted use (per section 12-7D-2-A of the zoning code). The B-4 zoning district makes up most of the St. Charles Road corridor. The proposed text amendment moves a PUD from permitted use to special use in section 12-7D-2-A of the zoning code. This change is merely a language cleanup to ensure that there is not a conflict in the zoning code. Previous Action N/A Recommendation Staff recommends the approval of a Findings of Fact and Recommendation Regarding Proposed Text Amendments related to Planned Unit Developments. Budgeted Amount N/A Action A Motion to Approve a Findings of Fact and Recommendation Regarding Proposed Text Amendments related to Planned Unit Developments. Attachments • Fact and Recommendation Regarding Proposed Text Amendments related to Planned Unit Developments Page 13 of 36  VILLAGE OF BERKELEY PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECOMMENDATION REGARDING PROPOSED TEXT AMENDMENTS RELATED TO PLANNED UNIT DEVELOPMENTS WHEREAS, Village staff, on behalf of the Petitioner, the Village of Berkeley (“Village”), pursuant to Section 12-16-2 of the Village of Berkeley Zoning Code (“Zoning Code”) requested consideration of, and a public hearing on, amendments to the Zoning Code; and WHEREAS, Petitioner requests consideration of amendments to the Zoning Code removing planned unit developments as permitted uses in the B-4 Regional/Community Business Zoning District and adding planned unit developments as special uses in the B- 4 Regional/Community Business Zoning District (“Proposed Text Amendments”), with the text of the Proposed Text Amendments being set forth in EXHIBIT A attached hereto and made a part hereof; and WHEREAS, the Planning and Zoning Commission (“PZC”) held a public hearing on the question of whether the Proposed Text Amendments should be granted on April 22, 2025, as required by Section 12-16-3 of the Zoning Code, at which time all persons present and wishing to speak were given an opportunity to be heard and all evidence that was tendered was received and considered by the PZC; and WHEREAS, public notice in the form required by law was given of the public hearing by publication not more than 30 days nor less than 15 days prior to the public hearing in a newspaper of general circulation in the Village; and WHEREAS, at the public hearing, Assistant Village Administrator Justyn Miller presented the Proposed Text Amendments on behalf of the Petitioner; and WHEREAS, at the public hearing, members of the public provided testimony regarding the Proposed Text Amendments; and WHEREAS, following the close of the public hearing, the PZC discussed and deliberated on the Proposed Text Amendments and determined that it would best serve the Village if the Zoning Code were amended as set forth in the Proposed Text Amendments; NOW THEREFORE, the PZC makes the following findings of fact and recommendation pursuant to Section 12-16-3 of the Zoning Code: 1. The Proposed Text Amendments meet the applicable standards for text amendments in Section 12-16-5 of the Zoning Code. 2. The Proposed Text Amendments are in the best interests of the Village, its residents and property owners. 1 4937-3512-2468, v. 1 Page 14 of 36  3. The PZC recommends that the Village President and Board of Trustees of the Village of Berkeley APPROVE the Proposed Text Amendments. _______________________________ Paul Bullard Chairperson _______April 22, 2025 Date 2 4937-3512-2468, v. 1 Page 15 of 36  EXHIBIT A PROPOSED TEXT AMENDMENTS (attached) 3 4937-3512-2468, v. 1 Page 16 of 36 Amendments to the Village of Berkeley Zoning Code are set forth below, with deletions struck through and additions bold and double-underlined. Amendment One: Section 12-7D-2.A Permitted Uses of the Zoning Code is amended to delete the following struck through line item in subsection A: A. Retail: Minimum of one thousand five hundred (1,500) square feet required: * * * Picture frame shops. Planned unit developments. Shoe stores. * * * Amendment Two: Section 12-7D-3 Special Uses of the Zoning Code is amended to read as follows: Automobile repair facilities, with or without body shops. Automobile sales (new vehicle dealerships) and service, with or without body shops. Banks and automated teller machines (see section 12-2-3 of this title for definitions). Christmas tree sales - seasonal. Copy shops. Daycare center. Drive-through facilities. Filling stations including accessory minimart or car wash. Hotels and motels. Laundromats. Open air or "farmers' market" - seasonal. Pawn or resale shops. Planned unit developments. Plumbing, heating, electrical, ventilating, and air conditioning supply and repair. Rental of equipment, enclosed. Residential units - second floor and above. Small appliance repair shops. Tailor shops. Travel agent. 4 4937-3512-2468, v. 1 Page 17 of 36  Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us MEMORANDUM TO: Planning and Zoning Commission FROM: Justyn Miller, Assistant Village Administrator DATE: April 17, 2025 RE: 5245 St. Charles Road Restaurant & Accessory Special Use Permit (SUP) Background Recently, a new owner purchased the property located 5245 St. Charles Road, Perry Orr (DBA Tapop LLC). He is proposing a restaurant and banquet accessory use concept, entitled the Gallery (restaurant and sports bar concept) and will be on-hand to explain his vision. Please find a proposed floor plan for the property included with the backup. Below are some bullet points that describe his vision and other points to consider regarding the request. In addition to the SUP and for this concept to occur, the Village would consider the issuance of a Class A-1 liquor license and approval of a video gaming license. Event Space: the lower floor would function as the restaurant and bar. The upper level would provide event spaces available for rent to hold private events such as birthday parties and corporate events. Zoning: with the issues related to the previous business at the location, section 12-7A-2 of the zoning code was amended in early 2024 to completely remove banquet halls/event spaces. They are now only allowed if they are an accessory use to a restaurant primary use. Parking: using the Village code and size of the total building footprint, the location would be required to provide 128 total parking spaces ((based upon a building size of 5,750 square feet and calculating the occupant load as 15 square feet per person (2016 Fire Code)). The zoning code currently requires (1) parking space for each three (3) persons of establishment design capacity and (1) parking space for each two (2) employees. There are currently 25 existing on- site parking spaces and opportunities for on-street parking in the vicinity of the business. There is a significant deficiency in projected parking demand, and the owner will have to secure off-site parking agreements in order to meet its parking requirements. Although, this was the same issue the previous business owner faced as they also were required to address this same issue with a combination of on-site, residential, and business (shared) parking. The owner has been in contact with adjacent businesses and the final parking plan must be approved by the Zoning Administrator before the business would be allowed to start operating. Page 18 of 36  Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us Liquor: the lower floor would have a bar to serve alcohol for the restaurant, general public, and during times the banquet hall/event space is being used. The Village would consider a Class A-1 liquor license, allowing for on-premise consumption with no package liquor for off-premise consumption. The Village could consider limiting the hours to serve liquor to no later than midnight. Video gaming: to maximize business opportunities, the owner is requesting to have video gaming at the location. This would allow the general public to enter to play video gaming. Additionally, staff is proposing the following conditions on the proposed special use permit (SUP): • The Event Space may only be open for business when the Restaurant is lawfully operating. • The Restaurant and Event Space are prohibited from operating after 12:00 a.m. on any given day until the opening time permitted in the Village Code. • Only food and drink purchased from and provided by the Restaurant is permitted in the Event Space, with the exception of minimal quantities of ethnic desserts and ethnic appetizers provided by other establishments. • Noise on the Property must be kept to a level that does not disturb residential properties in the vicinity of the Property. • Patrons of the Property are prohibited from congregating or loitering outside the Property. • The Event Space may not be open to the general public, except for networking events, educational training events, corporate training events, and speaking events. The PZC is also allowed to consider and add additional conditions on the SUP as they see fit. Previous Action The Village Board discussed the concept and was supportive of the proposed use at the property. Recommendation Staff recommends the approval of a Findings of Fact and Recommendation Regarding an Application for a Special Use Permit at 5241 – 5245 St. Charles Road, Berkeley, Illinois Budgeted Amount N/A Action A Motion to Approve a Findings of Fact and Recommendation Regarding an Application for a Special Use Permit at 5241 – 5245 St. Charles Road, Berkeley, Illinois. Page 19 of 36  Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us Attachments • Special Use Application • Teska Staff Report • Proposed First and Second Floor Layout • Proposed Parking Plan • Findings of Fact and Recommendation Regarding an Application for a Special Use Permit at 5241 – 5245 St. Charles Road, Berkeley, Illinois Page 20 of 36 TO: Village of Berkeley Plan Commission FROM: Pete Iosue, AICP, Associate Principal Emma Swanson, Associate Planner DATE: April 11, 2025 RE: Request for Special Use for a ‘Banquet Hall/Event Space, Accessory To A Restaurant Principal Use,’ for 5245 Saint Charles Road. Teska has reviewed the application for a special use for the subject property, commonly known as 5245 Saint Charles Road (PINs 15-08-106-046 and 15-08-106-047). The applicant, TAPOP LLC, is requesting to allow a “Banquet Hall/Event Space” (with a full liquor license and gaming), which will be accessory to the primary restaurant use, as a special use in the B-1 District. 5245 Saint Charles Road (PINs 15-08-106-046 and 15-08-106-047) Page 21 of 36 Background: In 2020, the previous property owner applied for a Special Use to allow for an event space for the subject property. At the time, the B-1 zoning district allowed for restaurants and other dining establishments, but did not specifically allow for banquet halls or event spaces. As a result, the Village adopted a Zoning Text Amendment to allow “Banquet Halls/Event Spaces” as permitted Special Uses in the B-1 district. The text amendment was approved, as well as the Special Use to allow for a “Banquet Hall/Event Space” use at the subject property. After the Special Use was approved, the Village later experienced various issues with the previous tenant/owner, Dream Event Space & Banquet Hall. These issues included unsanctioned events, charging cover, and safety issues. Following these issues with the previous tenant and the closure of that business, the Village amended the Code to only allow Banquet Halls/Event Spaces as an accessory use to a restaurant principal use. The current applicant, TAPOP LLC, is the new owner of the subject property. They are proposing to use the existing two-story building (5,750 sf) as a restaurant and sports bar with a second-floor event space. The event space will act as an extended dining room on the upper level of the restaurant to allow for private events, such as birthday parties and corporate events. The applicant is not planning to make any changes to the building or site at this time. SPECIAL USE STANDARDS (per Section 12-17A-5: Standards): The applicant is requesting a Special Use for an Event Space, accessory to a restaurant principal use, within the B-1 zoning district. Section 12-17A-5 of the Village of Berkeley Zoning Ordinance establishes the standards for granting a special use, as outlined below: 2 Page 22 of 36 A. The proposed use and development will be in harmony with the general and specific purposes of this title and for the regulations of the district in question and with the purposes and intent of the comprehensive plan; The proposed accessory use, a second-floor event space, will otherwise meet the requirements of the B-1 zoning district, and is consistent with the Commercial TOD Mixed-Use future land use designation in the Comprehensive Plan: “This land use designation has been applied to much of the St. Charles Road corridor, where the emphasis will be on restaurant and commercial retail uses, with new residential uses possible on upper floors. Because of the proximity to transit in the form of Pace bus Service and the nearby Berkeley Metra station and the traffic characteristics of St. Charles Road and its interchange with I‐ 290, this area allows the highest development densities, consistent with economic development objectives and TOD principles.”1 B. The proposed use, drainage, and development will not have a substantial undue adverse effect upon adjacent properties, the character of the area, or adversely impact the public health, safety and welfare; The applicant did not provide information indicating any significant redevelopment of the existing building and/or site configuration. The applicant did however say that they will be using the subject property as-is, indicating that there would be no changes to the property at this time. C. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring properties in accordance with the applicable district regulations; The applicant did not provide information related to any specific operations that might interfere with surrounding uses. However, it should be noted that an event space, even one that is accessory to the principal use, is likely to have customers arriving and departing around roughly the same time – this is different from other surrounding uses (i.e. restaurant only, nail salon, auto supply, etc.) in which customers come and go at different times. D. The proposed use will be adequately served by essential public facilities and services, such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately for such services; The existing building was previously also used as a restaurant and event space, and therefore public facilities and infrastructure is sufficient to accommodate the proposed use. E. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets; As noted in Section C above, an event space can be expected to attract heavy traffic for the short time periods around the start and end times of a given event. Parking for customers and employees 1 Village of Berkeley Comprehensive Plan, 2009. https://www.berkeley.il.us/vertical/Sites/%7BB4877CC9-5533- 47FA-94DE-B3C09F1665AB%7D/uploads/Comprehensive_Plan_-Adopted.pdf 3 Page 23 of 36  is another significant concern. However, given that the proposed event space is accessory to the principal restaurant use, the event space parking requirements would be the same as the requirements for “eating and drinking places” (1 for each 2 employees, plus 1 for each 3 persons of establishment design capacity. Section 12-12A-12). The applicant did not indicate the maximum occupant capacity for this facility. However, the building is approximately 5,750 sf with two floors. A common guideline is 15 square feet per person for dining areas (2016 International Fire Code), so the highest possible occupant load for the building would be 383 people (this does not take into consideration the actual layout and internal functions of the building; therefore, the actual occupant load is likely less). The Village zoning code does not specify the required number of parking spaces for Event Spaces given that event spaces are only permitted as special accessory uses to a restaurant principal use. Therefore, parking requirements for this use would use the Village’s established ratio for “eating and drinking places” (1 for each 2 employees, plus 1 for each 3 persons of establishment design capacity. Section 12-12A-12). Using this ratio, the restaurant and event space would need to provide roughly 128 total parking spaces to accommodate the maximum number of projected guests, plus an additional 1 space per 2 employees (the applicant did not provide projected employment information). The existing site currently has 25 on-site parking spaces. This is a significant deficiency in projected parking demand. The applicant has indicated that they are pursuing shared parking opportunities with surrounding properties. The Village zoning code does not currently specify a process for shared parking agreements, but such arrangements can help to alleviate overflow parking. There is also on-street parking available on Saint Charles Road and along Morris Avenue, the primarily residential north/south street adjacent to the subject property. However, this could draw complaints from nearby residents and /or business owners if traffic and parking become a disturbance to the neighborhood. Also, section 12-12A-11: CONTROL OF OFF SITE PARKING FACILITIES of the Zoning Code states: • Maximum Distance Between Principal Use And Off Site Parking: In no event shall off-site parking be more than three hundred (300) linear feet, as measured along: 1) the common street frontage; or 2) as measured from the nearest property line on each lot between the principal use served and the off-site parking lot property. It should also be noted that the proposed use is no more intensive than the special use that was previously approved for this property. While parking was also a concern for the previous use, the Village did not experience any significant parking issues with the previous tenant. It is possible that parking will not be a significant issue with the new tenant who will be using the property in a similar manner. F. The proposed use and development will comply with all additional standards imposed on it by the provisions of this title or any special conditions imposed by the corporate authorities. The proposed accessory use of the building as a ‘banquet hall/event space’ (secondary to the primary restaurant use) will otherwise comply with all relevant standards of the Village of Berkeley Zoning Ordinance and other applicable codes and ordinances. 4 Page 24 of 36 RECOMMENDATION The proposed Special Use for a ‘Banquet Hall/Event Space’ at 5245 St. Charles Road, which would be an accessory use of the primary Restaurant use of the subject property, would reutilize an existing vacant commercial building and provide a desirable service to the residents of Berkeley. While the current site configuration does not provide adequate parking, the proposed use is very similar to, and no more intensive than, the special use that was previously approved for this property, so parking may not be a significant issue with the new tenant who will be using the property in a similar manner. With that said, the applicant should determine their projected capacity and employee calculations, which will allow them to identify a plan for providing any required parking over and above the existing 25 spaces currently available on-site. Teska recommends approval of the proposed special accessory use for a ‘Banquet Hall/Event Space’ at 5245 St. Charles Road, subject to the following conditions: 1. Noise on the Property shall be kept to a level that does not disturb residential properties in the vicinity of the Property. 2. Patrons of the Property shall not congregate or loiter outside. 3. Events on the Property shall not be open to the general public, except for private events related to the primary Restaurant use. 4. No cover charge, no door charge, and no per-person charge shall be made for events on the Property. 5. The banquet hall and event space on the Property shall not operate without a parking plan approved by the Zoning Administrator. Such plan shall have no less than one (1) parking space per three (3) customers, plus one (1) parking space per two (2) employees, of its maximum capacity. Off-site parking facilities, in compliance with Section 12-12A-11 of the Zoning Ordinance, may be used to satisfy this requirement. Any off-site, off-street parking on private properties will require parking agreements with the owners of those properties. If the Plan Commission agrees with the findings and recommendations of this report, then we recommend that the Plan Commission adopt this report as its preliminary Findings of Fact. 5 Page 25 of 36 Page 26 of 36 Page 27 of 36 Page 28 of 36 Page 29 of 36 Question #13: Regarding the new restaurant, we are setting up, it is a permitted use. However, the second floor will be utilized as an accessory space to the restaurant, functioning as an extension of the main restaurant and sports bar on the first floor. We’re uncertain whether a separate license is needed for this use and if any associated costs apply. If there are no additional costs, could a Special Use designation is warranted, as the banquet room will strictly serve as an accessory space. The restaurant will be selling food and beverages to any one that rents and or uses the 2nd floor. Additionally, for advertising and marketing purposes to the public, we would like to use terms such as "restaurant," "sports bar," "bar," "private room," "party room," "banquet room," "banquet hall," "hospitality room," "venue," "event space," "facility" and any other related terms. Please note that our intention is not to operate public nightclub. Page 30 of 36 Page 31 of 36 Page 32 of 36 Page 33 of 36  VILLAGE OF BERKELEY PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECOMMENDATION REGARDING AN APPLICATION FOR A SPECIAL USE PERMIT AT 5241 – 5245 ST. CHARLES ROAD, BERKELEY, ILLINOIS WHEREAS, on April 4, 2025, petitioner TAPOP LLC. (“Petitioner”), owner of 5241-5245 St. Charles Road, Berkeley, Illinois, Cook County property index numbers 15- 08-106-046-0000 and 15-08-106-047-0000 (“Property”), submitted an application for consideration of, and a public hearing on, allowing an event space to operate as an accessory use to a restaurant’s principal use in accordance with Section 12-7A-2 of the Village of Berkeley Zoning Code (“Zoning Code”), requiring a special use permit (“Special Use Permit”); and WHEREAS, the Property is located on the south side of St. Charles Road in the B-1 Local Business District and is adjacent to properties to the west and east in the B-1 Local Business District, to the south to residences in the R-2 Single Family District and to the north to industrial properties in the M-1 Restricted Manufacturing District; and WHEREAS, the Petitioner desires to operate a restaurant on site (“Restaurant”), which Restaurant will be the Property’s principal use; and WHEREAS, the Petitioner also desires to operate a banquet hall/event space (“Event Space) on the Property as an accessory use to the Restaurant, which requires a Special Use Permit; and WHEREAS, the Village’s Planning and Zoning Commission (“PZC”) held a public hearing on the question of whether the Special Use Permit should be granted on April 22, 2025, as required by Section 12-17A-3 of the Zoning Code, at which time all persons present and wishing to speak were given an opportunity to be heard and all evidence that was tendered was received and considered by the PZC; and WHEREAS, public notice in the form required by the Zoning Code was given of the public hearing by publication not more than 30 days nor less than 15 days prior to the public hearing in a newspaper of general circulation in the Village, and by mailing notice to property owners within 250’ of the Property, excluding distances of public roads, streets, alleys and other public ways within that radius; and WHEREAS, at the public hearing, Petitioner presented its request for the Special Use Permit; and WHEREAS, following the close of the public hearing, the PZC discussed and deliberated on the Special Use Permit and determined that it would best serve the Village if the Special Use Permit was granted; and NOW, THEREFORE, the PZC makes the following findings of fact and recommendation pursuant to Chapter 12-17A-3 of the Zoning Code: 1 4936-2732-1646, v. 3 Page 34 of 36  FINDINGS OF FACT AND RECOMMENDATIONS 1. Findings of Fact. The PZC incorporates the recitals set forth above herein and makes the following findings of fact for the Special Use Permit standards in Section 12-17A-3 of the Zoning Code: A. The proposed use and development will be in harmony with the general and specific purposes of this title and for the regulations of the district in question and with the purposes and intent of the comprehensive plan. Finding of Fact: The PZC finds that this standard has been met, because the proposed use is consistent with the Commercial Transit Oriented Development Mixed-use future land designation in the Village’s Comprehensive Plan, and will otherwise meet the requirements of the B-1 Local Business District. B. The proposed use, drainage, and development will not have a substantial undue adverse effect upon adjacent properties, the character of the area, or adversely impact the public health, safety and welfare. Finding of Fact: The PZC finds that this standard has been met as the Applicant is proposing to use the Property as is, and is not planning to significantly redevelop the Property, indicating there would be no substantial undue adverse effect on adjacent properties and the area. C. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring properties in accordance with the applicable district regulations. Finding of Fact: The PZC finds that this standard has been met, because although customers using the Event Space will likely arrive and depart roughly around the same time, which is different than the surrounding uses where customers arrive and depart at different times, the Property was previously used for the same proposed use and there is no indication that operation of the Event Space as an accessory use will dominate the vicinity or interfere with the use and development of the neighboring properties. D. The proposed use will be adequately served by essential public facilities and services, such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately for such service. Finding of Fact: The PZC finds that this standard has been met, because the existing building on the Property was previously used as a restaurant and event space, and therefore, the public facilities and infrastructure are sufficient to accommodate the proposed use. 2 4936-2732-1646, v. 3 Page 35 of 36  E. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets. Finding of Fact: The PZC finds that this standard has been met, because even though patrons of the Event Space will likely arrive and depart around the same time period, the proposed use is the same use that previously existed for this Property and the Village did not experience any significant parking issues or undue traffic congestion with the previous tenant. F. The proposed use and development will comply with all additional standards imposed on it by the provisions of this title or any special conditions imposed by the corporate authorities. Finding of Fact: The PZC finds that this standard has been met, because the proposed accessory use of the Event Space, secondary to the primary Restaurant use, will otherwise comply with all relevant standards of the Village’s Zoning Code and other applicable codes and ordinances. 2. Recommendation. By a vote of ___ to ___, the PZC recommends that the Village President and Board of Trustees of the Village of Berkeley APPROVE the Special Use Permit subject to the following conditions: A. The Event Space is only permitted to be open for business during the hours of operation for the Restaurant. B. The Restaurant and Event Space are prohibited from operating after 12:00 a.m. the same day. C. The Petitioner must serve all food upstairs at the Restaurant; provided, however, the Applicant may serve food from the Restaurant at the Event Space if purchased by patrons using the Event Space for a rented event. Patrons desiring to use the Event Space must purchase all food and liquor from the Restaurant’s menu if food and liquor are being served; provided, however, ethnic desserts and appetizers are permitted to be brought from other establishments. D. The Petitioner may charge a cover charge or door charge, or other similar charge for events at the Restaurant. The Petitioner is prohibited from charging a cover charge or door charge, or other similar charge for any event at the Event Space. _______________________________ Paul Bullard Chairperson _______April 22, 2025 _________ Date 3 4936-2732-1646, v. 3 Page 36 of 36