Committee of the Whole

Village of Brookfield Agenda Committee of the Whole Meeting Monday, March 22, 2021 @ 7:00 PM or Immediately Following Village Board Meeting Edward Barcal Hall 8820 Brookfield Avenue Brookfield, IL 60513 I. Roll Call II. REGULAR BUSINESS 1. Discussion Concerning the Potential Closure of Grand Boulevard this Summer to Encourage Outdoor Dining Committee Item Memo-Grand Blvd Closure 2. Discussion Regarding a Zoning Code Text Amendment to Allow First Floor Offices in the SA-2 District (PZC 21-05) Committee Item Memo-Zoning Amendment: Business III. Public Comment IV. Executive Session 1. If Necessary V. ADJOURNMENT Page 1 of 18  Committee Item Memo Meeting Date: March 22, 2021 Staff Contact: Tim Wiberg, Village Mananger Department: Village Manager's Office Subject: Discussion Concerning the Potential Closure of Grand Boulevard this Summer to Encourage Outdoor Dining Background Information: At its February 22 Committee of the Whole (COTW) meeting, the Village Board began discussions concerning staff's options for the potential of closing Grand Boulevard, or parking spaces along Grand, to allow additional space for outdoor dining during the summer months. Staff also recommended that a stage be erected one weekend per month to allow for concerts and other public events. Following discussion, the Board endorsed hosting outdoor staged events once per month, and preferred a street closure similar to last year, when the street was closed around the mid-block to traffic, every weekend through the summer months. On March 1, the Village hosted a meeting of all property owners on the downtown section of Grand Boulevard, the purpose of which was to obtain their input on the various options for increasing the amount of public space that could be devoted to outdoor dining. The meeting notes from this meeting are attached. Subsequent to this meeting, staff sent out a summary of the meeting and the options for Grand Boulevard to all property owners, including those that did not attend the meeting. Several responses were received and votes were tabulated on the preferred options. In summary, all restaurants and bars supported the option of closing Grand, from the mid-block to its south terminus at Brookfield Avenue every weekend throughout the summer months (similar to what was done last summer). They also supported staff's recommendation to erect a stage on Grand to allow for concerts and other special events for one Saturday per month. However, all non-restaurant businesses supported the option of leaving Grand open at all times, and only closing the public parking areas on the street in front of the adjacent restaurant that desires to use the parking spaces for outdoor dining. The rationale for this recommendation is that several of the businesses commented that the loss of traffic and parking near their businesses negatively impacted their customers. All property owners were invited to attend Monday evening's COTW meeting. Considering the comments received from impacted property owners, it is staff's recommendation to leave Grand open to traffic at all times, including all parking spaces. For one weekend per month, it is recommended that Grand be closed for outdoor dining and a stage erected on Saturday for Page 2 of 18 entertainment. This recommendation is made after considering the fact that for most of the period when we closed Grand last summer, indoor dining was not allowed and therefore outdoor dining was a patron's only option. Currently indoor dining is allowed, with capacity restrictions, but we are hopeful that the State will be gradually increasing indoor capacities so that we will move closer to 100% capacity. During discussions at the COTW meeting in February, the Board asked for proposed standards for all outdoor dining furniture, used by any restaurant requesting to have outdoor dining on public property. Attached are proposed guidelines prepared by the Community Development Department. Recommendation(s): Discuss staff's recommendations for this summer's outdoor dining program. Attachments: March 1 - Meeting Notes Standards for Furnishings within Public ROW Page 3 of 18 March 1, 2021 Grand Blvd Closure Business Meeting Businesses in Attendance: Village Staff: CSS Academy Tim Wiberg, Village Manager Pub 78 Stevie Ferrari, Parks and Rec Director Brookfield Financial Carl Muell, PW Director Christopher Mark Flowers Michael Kuruvilla, DC Police Sebastian’s Ale House Jim Adams, Fire Chief Paisans Pizzeria Michael Schwarz, Community Development Little Owl Village Manager Wiberg presented 4 options for the proposed Grand Boulevard closure for summer 2021.  Option A included allowing two-way traffic on Grand Boulevard but closing the parking spaces on both sides of the street from the mid-block to Brookfield Avenue for use as outdoor dining, from June to September.  Option B included continuous closures of the parking areas in front of businesses that request the space from June to September.  Option C was the full closure of Grand from Friday morning to Monday morning from June to September. This plan mirrors the closure during summer 2020.  Option D was option C but included an opportunity for outdoor entertainment on select days. The bars and restaurants along Grand overwhelmingly supported option C with entertainment. Businesses on Grand, such as Christopher Mark Flowers, Painted Studio and The Shop Salon & Style House preferred option B. Subsequent to the meeting, the Village Manager sent out an email to all businesses along Grand. The votes that came back were consistent with the votes at the meeting: Restaurant/bars prefer Option C, while non-restaurants/bars voted for option B. Additional Notes: - Alternate sides of Grand for placement of concert stage - Have concerts on a Thursday instead of Friday or Saturday - Increased promotion of parking along Brookfield Avenue - Continues closure of parking areas along Grand from June to September unnecessary as those tables are unlikely to fill up during the week - Considerations should be made for business customers with limited mobility - Possibly increase amount of refuse collection containers along Grand Page 4 of 18  Village of Brookfield Standards and Guidelines for Outdoor Dining Furnishings with the Public Right-of-Way in Commercial Districts Current Village Code Section 46-85. - Table, Chair and Bench Standards. o Tables, chairs, and benches located in the public right-of-way must meet the zoning and liquor license requirements for outdoor dining or consumption of beverages. Previously approved outdoor dining facilities in the public right-of-way may continue to be used as such, but must obtain a right-of-way encroachment license and agreement in accordance with this division. Benches must match village-supplied benches in make, model, style, color, and finish. (Ord. No. 2010-41, § 2(24-4(D)(3)), 5-10-2010) Proposed Additional Guidelines for Tables, Chairs, Benches and Umbrellas Tables, chairs, benches, umbrellas, and other outdoor furniture must contribute to the appearance and character of the streetscape and should not have a negative impact on the visual character of the commercial districts. No specific product is prescribed, and the applicant is free to propose furnishings of their choosing. These guidelines will be used by Village staff when considering the proposed furnishings: 1. Tables, chairs, benches, and umbrellas used at the given location must be consistent. No mixing and matching of different outdoor furnishings will be permitted for a single outdoor use. 2. Tables, chairs, benches, and umbrellas must be durable and rated for outdoor use. 3. Only commercial grade umbrellas with no adverting will be permitted. 4. Umbrellas must be secured to a base or an anchor to prevent from being damaged or removed by heavy winds. Examples of Acceptable Outdoor Dining Furnishings Page 5 of 18 Page 6 of 18  Committee Item Memo Meeting Date: March 22, 2021 Staff Contact: Michael Schwarz, Community Development Director Department: Community Development Subject: Discussion Regarding a Zoning Code Text Amendment to Allow First Floor Offices in the SA-2 District (PZC 21-05) Background Information: The Village proposes a Text Amendment to Chapter 62 of the Village Code to allow First Floor Offices in the SA-2 (Neighborhood Mixed Use) District. This Text Amendment originated from a February 8, 2021 Committee-of-the-Whole discussion in reference to a zoning inquiry from the owner of 8500 Brookfield Avenue. The property owner has a potential tenant looking for a long term lease on the first floor with a law firm. However, the SA-2 District only allows offices on upper floors. The owner was not able to sign a lease with the potential new tenant due to the restriction that is in place as a result of the “Zoning Modernization” effort which was approved by Ordinance No. 2017-9 which was approved on January 9, 2017. As shown on the Zoning Map which is included with the attached report to the Planning and Zoning Commission (PZC), the SA-2 (Neighborhood Mixed Use District) is shown in purple shading. There are only four (4) properties in the Village that are zoned SA-2 District: 8420 Brookfield Avenue (Zubar & Grill) 8436 Brookfield Avenue (Café Teré with upper floor residential) 8500 Brookfield Avenue (Vacant with upper floor residential) 8520 Brookfield Avenue (Vacant) Section 62-216 of the Code, which is the table of permitted uses for the Station Area Districts (Refer to table included in the attached report to the PZC), would be amended to remove the letter “U” which stands for “Upper Floors Only” in the Office use category for both business or professional offices, as well as medical, dental or health practitioner offices. Medical, dental or health practitioner offices would continue to require a Special Use Permit. Planning and Zoning Commission Discussion and Action The PZC held a public hearing on the proposed Text Amendment at its meeting on February 25, 2021. One member of the public provided testimony. Dan Chopp, a local commercial real estate broker asked if a retail prospect would be prohibited from occupying one of these Page 7 of 18 spaces with the proposed Text Amendment (the answer is no - retail uses would still be permitted), and he commented that most likely the prospects are going to be an office use. He added that for either retail or office uses, there isn't enough (on site) parking for these properties, so parking will be satisfied with on-street parking. Staff notes that the owner of the property at 8500 Brookfield Avenue arrived later in the meeting and provided comments in support of the proposed Text Amendment during the public hearing on another agenda item. Following the closing of the public hearing and Commissioner discussion, a motion was made, seconded, and unanimously approved (vote 6-0) to recommend approval of the Text Amendment to Chapter 62 of the Village Code to allow First Floor Offices in the SA-2 (Neighborhood Mixed Use) District. The PZC made the following findings: 1. The proposed amendment protects and promotes the health, safety, and general welfare of the community and protects and promotes the neighborhood character and sustainability; 2. The public good demands that the proposed amendment be adopted; and 3. The proposed amendment is in harmony with the general purpose and intent of Zoning Code. Recommendation(s): Review and discuss the proposed Text Amendment to Chapter 62 of the Village Code to allow First Floor Offices in the SA-2 (Neighborhood Mixed Use) District (PZC 21-05). Attachments: 2.25.21 DRAFT PZC MINUTES Staff Report - PZC 21-05 Text Amendment to Allow First Floor Offices in SA-2 District Text Amendment Application PZC 21-05 Page 8 of 18  VILLAGE OF BROOKFIELD BROOKFIELD, ILLINOIS 60513 JOURNAL OF THE PROCEEDINGS OF THE PLANNING AND ZONING COMMISSION HELD ON THURSDAY, FEBRUARY 25th, 2021 IN THE BROOKFIELD VILLAGE HALL MEMBERS PRESENT: Chairperson: Charles Grund; Commissioners: Karen Ann Miller, Jennifer Hendricks, Todd Svoboda, Mark Weber, Chris Straka MEMBERS ABSENT: Patrick Benjamin ALSO PRESENT: Michael Garvey, Village Trustee; Michael Schwarz, Director of Community & Economic Development On Thursday, February 25th, 2021, Chairperson Grund called the meeting of the Planning and Zoning Commission to order at 7:00 P.M. Commission Secretary Weber conducted the roll call. Commissioner Miller and Trustee Garvey attended the meeting virtually. Public Hearings PZC Case 21-05 – Text Amendment to Chapter 62 of the Village Code of Ordinances to Allow First-Floor Offices in the SA-2 District Motion to open the public hearing for PZC Case 21-05 by Commissioner Straka, seconded by Commissioner Miller. Voting Aye: Miller, Svoboda, Straka, Weber, Hendricks, Grund. The motion carried 6-0. Director of Community and Economic Development Michael Schwarz gave a presentation and summarized the staff report. Staff recommends approval of the Text Amendment based on the findings stated in the staff report. Commissioner Weber asked if there were any issues regarding parking requirements should an attorney or accountant, etc. decide to lease the property. Director Schwarz responded that any such uses would need to meet the Village’s parking requirements. Commissioner Miller asked for clarification on Finding #2 in the staff report. Director Schwarz and Trustee Garvey responded. Commissioner Miller asked how the Text Amendment fulfills the public good (per Finding #2 in the staff report). Director Schwarz responded. Commissioner Straka stated that he agreed. Commissioner Hendricks asked for clarification on the address in the staff report. PZC 2/25/21 1 of 3 Page 9 of 18 Chair Grund asked if staff looked at the rest of the uses in the SA-2 District and other opportunities to make changes. Director Schwarz responded that staff did not look at other changes at this time. The proposed change was narrowly focused on the SA-2 District office uses at this time. Additional discussion ensued about whether the rest of the SA-2 uses were reviewed for other changes. There was also additional discussion about the intent of the 2017 Zoning Modernization effort that restricted office uses to the upper floors in the SA-2 District. Trustee Garvey asked for additional details about the proposed law office at 8500 Brookfield Avenue which was the reason for the proposed Text Amendment. Director Schwarz responded that it is a smaller scale law office with 7 or 8 employees as stated by the building owner, but he does not have any other details at this time. Commissioner Hendricks asked if the Text Amendment could be changed to a Special Use. Director Schwarz responded that it could be changed, but it would require re-advertising the public hearing notice and coming back at the next meeting. He added that the Text Amendment before the Commission this evening should be voted up or down. PUBLIC HEARING: Chair Grund asked if there was anyone in the audience wishing to give testimony on this case. Chair Grund swore in Dan Chopp of 9100 Plainfield Road in Brookfield. He stated that several of the Commissioners are familiar with the meetings that we had with that zoning overlay. He asked if a retail prospect would be prohibited from occupying one of these spaces under this proposed change to include offices. He also stated that it sounds like that would be the intention, it would be nice to have a retail use in that area. He also commented that most likely the prospects are going to be an office type use. Between the retail parking requirement and office parking requirement we are going to have the same debate. He doesn’t know that there is enough parking there to satisfy either so it’s going to end up being street parking. Commissioner Grund asked if there was anyone else in the audience wishing to comment. There was no response. Chair Grund stated that he would entertain a motion to close the public hearing for PZC Case 21-05. Commissioner Straka made a motion, seconded by Commissioner Svoboda, to close the public hearing. Voting Aye: Miller, Svoboda, Straka, Weber, Hendricks, Grund. The motion carried 6-0. COMMISSIONER DELIBERATION: Commissioner Straka stated that he sees this as a benefit to the community at this location. Commissioner Weber stated that a vibrant well-maintained storefront tends to look more attractive than an empty storefront. Some of the businesses in that area may benefit from the new employees. Commissioner Svoboda stated that those spaces have been vacant for quite a while. PZC 2/25/21 2 of 3 Page 10 of 18 Commissioner Miller stated that just to give a little history that building has been vacant for close to 30 years. The last business that she remembers being there is an antique store. She understands the temptation to jump at the first chance that somebody has an interest in leasing it out. But there is also the danger of looking at your Ordinance, your document, and every time someone comes in that wants to occupy a space that doesn’t fit the document then you’re willing to change the document. As a Planner she feels that is not good planning practice. But on the other hand, having someone occupy that building may also benefit the new restaurant that is across the street and the bar that is next to it. Trustee Garvey stated that he believes that it has been vacant for that period of time. He added how the referral from the Board came to the Commission and have some history on the 2017 Zoning Modernization effort. Commissioner Hendricks stated that the fact that someone wants to occupy an office in this work from home environment is pretty interesting. She asked Director Schwarz to answer the question about retail still being allowed. Director Schwarz responded that retail would be welcomed on the ground floor. That would not be changing. Commissioner Hendricks stated that she is concerned about all the things that Commissioner Miller spoke off. But she does see the benefit of having this be a possibility. Chair Grund stated that his vision of zoning codes and building codes is that they are ever-changing documents. And this is a form-based code. There is an opportunity here. He added that do we want to wait another 30 years for retail. Chair Grund stated that he would entertain a motion to adopt staff’s findings as presented to the Commission and approve the Text Amendment for PZC Case 21-05 to Chapter 62 of the Village Code of Ordinances to Allow First-Floor Offices in the SA-2 District. Commissioner Straka made a motion, seconded by Commissioner Svoboda, to recommend approval of PZC Case 21-05. Voting Aye: Miller, Svoboda, Straka, Weber, Hendricks, Grund. The motion carried 6-0. PZC 2/25/21 3 of 3 Page 11 of 18  Village of Brookfield Planning and Zoning Commission Staff Report TO: The Village of Brookfield’s Planning and Zoning Commission HEARING DATE: February 25, 2021 FROM: The Village of Brookfield’s Community Development Department PREPARED BY: Michael J. Schwarz, AICP, Director of Community and Economic Development TITLE PZC 21-05 – Text Amendment to allow First Floor Offices in the SA-2 District: The Village of Brookfield, Illinois requests a Text Amendment to Chapter 62 of the Village Code of Ordinances to allow First Floor Offices in the SA-2 District. GENERAL INFORMATION APPLICANT: The Village of Brookfield 8820 Brookfield Avenue Brookfield, IL 60513 APPLICATION/NOTICE: The application has been filed in conformance with applicable procedural and public notice requirements. PROPERTY INFORMATION EXISTING ZONING: N/A EXISTING LAND USE: N/A PINs: N/A Page 12 of 18 PZC 21-05 – Text Amendment to Allow First Floor Offices in the SA-2 District February 25, 2020 Page 2 ANALYSIS SUBMITTALS This report is based on the following documents, which are on file with the Community Development Department: 1. Application for a Text Amendment 2. Certification of a Legal Notice Published February 10, 2021 in the Riverside Brookfield Landmark BACKGROUND The Village of Brookfield requests a Text Amendment to Chapter 62 of the Village Code of Ordinances to allow First Floor Offices in the SA-2 (Neighborhood Mixed Use) District. This Text Amendment originated from a February 8, 2021 Committee-of-the-Whole discussion with the Village Board in reference to a zoning inquiry from the owner of 8500 Brookfield Avenue. The property owner has a potential tenant long term lease with a law firm. However, the SA-2 District only allows offices on upper floors. The owner was not able to sign a lease with the potential new tenant due to the restriction that is in place as a result of the “Zoning Modernization” effort which was approved by Ordinance No. 2017-9 which was approved on January 9, 2017. Exhibit 1: Google Street View Photo of 8500 Brookfield Avenue As shown on the Zoning Map below, the SA-2 (Neighborhood Mixed Use District) is shown in purple shading. There are only four (4) properties in the Village that are zoned SA-2 District: 8420 Brookfield Avenue (Zubar & Grill) 8436 Brookfield Avenue (Café Teré with upper floor residential) 8500 Brookfield Avenue (Vacant with upper floor residential) 8520 Brookfield Avenue (Vacant) Page 13 of 18 PZC 21-05 – Text Amendment to Allow First Floor Offices in the SA-2 District February 25, 2020 Page 3 Exhibit 2: Zoning Map of 8436 – 8520 Brookfield Avenue DISCUSSION Staff proposes to allow First Floor Offices in the SA-2 District. Section 62-216 of the Code, which is a table of permitted uses for the Station Area Districts (Refer to table on next page), would be amended to remove the letter “U” which stands for “Upper Floors Only” in the Office use category for both business or professional offices, as well as medical, dental or health practitioner offices (Refer to the highlighted portion of the following table). Medical, dental or health practitioner offices would continue to require a Special Use Permit. (This area intentionally left blank. See table on next page) Page 14 of 18 PZC 21-05 – Text Amendment to Allow First Floor Offices in the SA-2 District February 25, 2020 Page 4 Page 15 of 18 PZC 21-05 – Text Amendment to Allow First Floor Offices in the SA-2 District February 25, 2020 Page 5 FINDINGS The following findings must be made in order to approve an Amendment to Chapter 62 of the Code of Ordinances (Zoning Code): 1. The proposed amendment protects and promotes the health, safety, and general welfare of the community and protects and promotes the neighborhood character and sustainability; 2. The public good demands that the proposed amendment be adopted; and 3. The proposed amendment is in harmony with the general purpose and intent of Zoning Code. Staff believes that proposed Text Amendments to Chapter 62 of the Village’s Code of Ordinances to allow First Floor Offices in the SA-2 District does in fact sustain each of the above findings. CONCLUSION The proposed Text Amendments to Chapter 62 of the Village’s Code of Ordinances will allow First Floor Offices in the SA-2 District. RECOMMENDATIONS Staff recommends approval of the Text Amendment as requested. If Commissioners agree with staff’s findings and recommendation, the Commission may adopt staff’s findings as the findings of the Commission, or the Commission may adopt its own findings, and may recommend approval of the proposed Text Amendment to the Village Board of Trustees. Page 16 of 18  Village of Brookfield Planning and Zoning Commission Application Packet Text Amendment Application Applicant Information: 1. Name and Phone Number of contact person for application process Michael J. Schwarz, Director of Comm & Econ. Dev. (708) 485-1113 2. Petitioner’s Name Village of Brookfield 3. Petitioner’s Address 8820 Brookfield Avenue 4. Phone Number (708) 485-1113 5. Email Address mschwarz@brookfieldil.gov 6. Fax Number 7. Owner of Record Name NA 8. Owner of Record Address NA Property Information: 9. Common Street Address NA 10. Legal Description 11. Permanent Tax Index Number NA 12. When did the owner acquire the property? NA 13. Is the petitioner in the process of purchasing/leasing the property? Yes____ No____ NA If so, is the purchase/lease contingent on approval of the map amendment? Yes____ No____ NA 14. Is your property use presently (check one): Conforming ____ Non-conforming ____ NA 15. If the property is a non-conforming use, please explain: NA _______________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 16. Surrounding Zoning and Land Use: NA Zoning District Land Use North South East West Page 1 of 2 Page 17 of 18 Text Amendment Application, continued NA 17. What is the Zoning Classification of the subject property? ___________________________________ 18. What is the requested text amendment and why? (Please attach another sheet if necessary) ____________________________________________________________________________________ Text Amendment to Chapter 62 of the Village Code of Ordinances to allow first-floor offices in the SA-2 District. ____________________________________________________________________________________ ____________________________________________________________________________________ Please note that additional information may be required upon staff review. Any person who shall knowingly make or cause to be made, or conspire, combine, aid or assist in, agree to, arrange for, or in any way procure the making of a false or fraudulent application, affidavit, certificate, or statement, shall be guilty of a misdemeanor as provided by statute by the State of Illinois. ______________________________ 2-8-21 _________ Petitioners Signature Date ______________________________ _________ Owner’s Signature (or authorized agent) Date Page 2 of 2 Page 18 of 18