Committee of the Whole

Village of Brookfield Agenda Committee of the Whole Meeting Monday, April 12, 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 Regarding a Text Amendment to Chapter 62 of the Village Code and a Zoning Map Amendment to create an Overlay District over the existing non-residential buildings in the SA-6 (Residential Mixed- Use) District and to add light industrial uses as a Special Use within the new Overlay District (PZC 21-06). Committee Item Memo-Text Amendment 2. Discussion Regarding a Plat of Consolidation for 4136 Raymond Avenue (PZC 21-08). Committee Item Memo-Plat of Consolidation III. Public Comment IV. Executive Session V. ADJOURNMENT Page 1 of 25  Committee Item Memo Meeting Date: April 12, 2021 Staff Contact: Michael Schwarz, Community Development Director Department: Community Development Subject: Discussion Regarding a Text Amendment to Chapter 62 of the Village Code and a Zoning Map Amendment to create an Overlay District over the existing non-residential buildings in the SA-6 (Residential Mixed-Use) District and to add light industrial uses as a Special Use within the new Overlay District (PZC 21-06). Background Information: The Village requests a Text Amendment to Chapter 62 of the Village Code and a Zoning Map Amendment to create an Overlay District over the existing non-residential buildings in the SA-6 (Residential Mixed-Use) District, and to add light industrial uses as a Special Use within the new Overlay District. The Overlay District would include 9034 Brookfield Avenue, 9030 Brookfield Avenue, 9020 Brookfield Avenue, 9018 Brookfield Avenue, and 3808 Sunnyside Avenue. These properties were made legally nonconforming when the SA-6 District was established as part of the “Zoning Modernization” effort in 2017. This proposed Text Amendment originated from a February 8, 2021 Committee-of-the-Whole discussion in reference to a zoning inquiry from the owner of 9030 Brookfield Avenue. The property owner had a potential tenant that wanted to open a smallscale commercial kitchen with ancillary warehouse and distribution operations. However, even though the building historically was used for such light industrial uses, the current zoning is SA-6 District, which does not allow light industrial uses. The owner was not able to sign a lease with the potential new tenant due to the limited permitted uses in the SA-6 District that is in place as a result of the “Zoning Modernization” effort which was approved by Ordinance No. 2017-9 on January 9, 2017. Section 62-216 of the Code contains the table of permitted and special uses that was adopted as part of the Zoning Modernization effort (Refer to Attachment A in the attached PZC Staff Report). The proposed Text Amendment and Zoning Map Amendment would allow only those properties included within the Overlay District to have the ability to apply for a Special Use Permit to allow for new light industrial uses, but only for and within existing buildings that historically had such similar uses, and not for new light industrial uses in new buildings to be developed. This would provide a method for allowing new leases and occupancies for non- conforming uses in the SA-6 District. Page 2 of 25 PLANNING AND ZONING COMMISSION DISCUSSION AND ACTION The Planning and Zoning Commission (PZC) held a public hearing on the proposed Text Amendment and Zoning Map Amendment along with several other options that were presented in the Staff Report at its February 25, 2021 meeting. Several members of the public provided testimony. The Plan Commission tabled the matter and resumed the public hearing at its March 25, 2021 meeting. Prior to the latter public hearing staff sent notices of the public hearing to the property owners/taxpayers located within the proposed Overlay District. Four members of the public provided testimony in favor of the option to create the proposed Overlay District. After closing the public hearing, the PZC voted 6-0 to adopt staff’s findings as the findings of the Planning and Zoning Commission and to recommend to the Village Board approval of PZC Case 21-06, a Text Amendment to Chapter 62 of the Village Code of Ordinances to Allow New Non-Conforming Uses in the Station Area Districts per the language presented in Option 3, a Text (and Map) Amendment to the Zoning Code to create an Overlay District and add light industrial uses as a Special Use in the SA-6 District within the new Overlay District. Financial Impact: None. Recommendation(s): Consider the proposed Text Amendment to Chapter 62 of the Village Code and a Zoning Map Amendment to create an Overlay District over the existing non-residential buildings in the SA-6 (Residential Mixed-Use) District and to add light industrial uses as a Special Use within the new Overlay District. Attachments: 3.25.21 DRAFT PZC MINUTES Staff Report for 3-25-21 - PZC 21-06 Text Amendment to Allow New Non-Conforming Uses in the Station Area Districts Text Amendment Application PZC 21-06 Page 3 of 25  VILLAGE OF BROOKFIELD BROOKFIELD, ILLINOIS 60513 JOURNAL OF THE PROCEEDINGS OF THE PLANNING AND ZONING COMMISSION HELD ON THURSDAY, MARCH 25th, 2021 IN THE BROOKFIELD VILLAGE HALL (LOWER LEVEL) MEMBERS PRESENT: Chairperson: Charles Grund; Commissioners: Karen Ann Miller, Patrick Benjamin, Todd Svoboda, Chris Straka, Mark Weber MEMBERS ABSENT: Commissioner Hendricks ALSO PRESENT: Michael Garvey, Village Trustee; Michael Schwarz, Director of Community & Economic Development On Thursday, March 25th, 2021, Chairperson Grund called the meeting of the Planning and Zoning Commission to order at 7:02 P.M. Commission Secretary Weber conducted the roll call. Public Hearings PZC Case 21-06 – Text Amendment to Chapter 62 of the Village Code of Ordinances to Allow New Non- Conforming Uses in the Station Area Districts (continued from February 25, 2021 PZC meeting) Motion to open the re-open the public hearing for PZC Case 21-06 by Commissioner Svoboda, seconded by Commissioner Miller. Voting Aye: Miller, Benjamin, Svoboda, Straka, Weber, Grund. The motion carried 6-0. Director of Community and Economic Development Michael Schwarz gave a presentation and summarized the staff report. Commissioner Miller asked if a time limit would be determined at the time of consideration of a Special Use under Option 3 presented in the staff report. Commissioner Benjamin asked for clarification regarding Option 3. PUBLIC HEARING: Chair Grund asked if there was anyone in the audience wishing to give testimony on this case. Chair Grund swore in Thomas Sparacino of 9030 Brookfield Avenue. He stated that Option 3 is most palatable. He is not against future multi-family redevelopment. Chair Grund swore in Roger Merenkov of 9034 Brookfield Avenue. He provided the history of his ownership of the property. He stated that he was advised at the time of the rezoning of his property that he would have legal non- conforming status if he maintained a business license. He stated his support for Option 3. Mr. Sparacino responded and asked additional questions regarding the options presented. PZC 3/25/21 1 of 4 Page 4 of 25 Director Schwarz responded with additional procedural information. Chair Grund swore in Karen Gula of 3808 Sunnyside Avenue. She provided the history of her and her husband’s ownership of the property. She stated that she is fine with Option 3. She does not like Option 2. She would like the option to sell to someone who would put it to good use. Chair Grund swore in Dan Chopp of 9100 Plainfield Road. He asked if there was a purchaser today for one of these properties and they were a similar light industrial use, would they be allowed to continue that use. Chair Grund responded that under Option 3, if a similar light industrial use was proposed, a new Special Use would be required so that the PZC could review each use on a case-by-case basis. Director Schwarz explained the Zoning Code section pertaining to non-conforming uses and explained the Business License process. Additional discussion ensued regarding new potential uses in these buildings and whether or not uses that are substantially similar to the current uses would be permitted as part of the Business License review. Roger Merenkov stated that he thought the legal non-conforming status is transferrable. Commissioner Miller stated that she was part of the Zoning Modernization Committee and provided some history on what the intent was at the time that the zoning was changed in this area. Additional discussion ensued regarding the transferability of the legal non-conforming status. Commissioner Straka stated that the proposed Option 3 is intended to address unintended consequence of the 2017 Zoning Modernization which does not allow for the extension of legal non-conforming uses. Commissioner Benjamin asked if the owner of the candy company was to sell to another owner who wants to operate a candy business, could she do that without coming before the PZC under Option 3. Director Schwarz stated that his interpretation was no, which is to Commissioner Miller’s point. But he can consult with the Village Attorney on this question. Commissioner Benjamin stated that as long as there is an avenue moving forward. 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 21-06. Commissioner Benjamin made a motion, seconded by Commissioner Straka, to close the public hearing. Voting Aye: Miller, Benjamin, Svoboda, Straka, Weber, Hendricks, Grund. The motion carried 6-0. COMMISSIONER DELIBERATION: Chair Grund stated that there were unintended consequences when the zoning was changed. He does not think that there was any intent to drive businesses out. This will really be developer driven. But if that doesn’t happen for years, then we don’t want those buildings sitting vacant. He is in favor of Option 3. PZC 3/25/21 2 of 4 Page 5 of 25 Commissioners Benjamin, Straka, Weber, Svoboda each stated that they concurred with Chair Grund’s comments. Commissioner Miller stated that it was never the Zoning Modernization Committee’s intent to drive businesses out. It was a way to start changing and bring what they Village would like to see developed. She stated that she is in agreement with Option 3. Chair Grund stated that he would entertain a motion to adopt staff’s findings as the findings of the Planning and Zoning Commission and to recommend to the Village Board approval of PZC Case 21-06, a Text Amendment to Chapter 62 of the Village Code of Ordinances to Allow New Non-Conforming Uses in the Station Area Districts per the language presented in Option 3, a Text (and Map) Amendment to the Zoning Code to create an Overlay District and add light industrial uses as a Special Use in the SA-6 District within the new Overlay District. Commissioner Benjamin made a motion, seconded by Commissioner Straka, to recommend approval of PZC Case 21-06. Voting Aye: Miller, Benjamin, Svoboda, Straka, Weber, Grund. The motion carried 6-0. New Business PZC Case 21-07 – Plat of Consolidation for 4301-4309 Prairie Avenue (St. Nikola Church) This case was removed from the agenda at the request of staff. PZC Case 21-08 – Plat of Consolidation for 4136 Raymond Avenue (Kendrick Residence) Director of Community and Economic Development Michael Schwarz gave a presentation and summarized the staff report. He stated that the applicant was not present and that the PZC could defer this case to the next meeting or move forward. He did reach out to her prior to the meeting. Chair Grund stated that the PZC has had cases like this in the past where the applicant was not present and the PZC still voted on the case. Commissioner Benjamin stated that in all his years he has never seen Plats of Consolidation come before the PZC. He encourages staff to look into this. Director Schwarz responded that the Village Code only requires the signature of the PZC Chair on a Plat of Consolidation. He added that per the Village Attorney, beginning in 2017, the PZC began reviewing and recommending plats for approval by the Village Board. Consistent with that practice, the proposed plat must be reviewed by the PZC and approved by the Brookfield Village Board before it may be recorded. Discussion ensued regarding the need to bring Plats of Consolidation before the PZC. Commissioner Benjamin made a motion, seconded by Commissioner Straka, to recommend approval of PZC Case 21-08 Plat of Consolidation for 4136 Raymond Avenue (Kendrick Residence) subject to any necessary technical revisions prior to recording. Voting Aye: Miller, Benjamin, Svoboda, Straka, Weber, Grund. The motion carried 6-0. Approval of Minutes from February 25, 2021 Chair Grund stated that he would entertain a motion to approve the Minutes from February 25, 20121. Motion by Commissioner Straka, seconded by Commissioner Svoboda. Voting Aye: Miller, Svoboda, Straka, Weber, Grund. Voting Nay: None. Benjamin abstained. Old Business None. PZC 3/25/21 3 of 4 Page 6 of 25 Commissioner Straka made a comment regarding a previous PZC case that never materialized at 9109 Ogden Avenue. He mentioned a new party rental business is open and even when the PZC does lots of work sometimes things do not materialize. He commends the PZC. Staff Update Community Development Director Michael Schwarz gave an update on the recruitment for the vacant Village Planner position. He also mentioned that the Committee-of-the-Whole on March 22 discussed PZC Case 21-05 a Text Amendment to the Zoning Code to allow First-Floor Offices in the SA-2 District. That matter will move to the Village Board for consideration on April 12. Next Meeting: Scheduled for Thursday, April 22, 2021. Public Comment: None. Adjournment Chair Grund stated that he would entertain a motion to adjourn at approximately 8:20 p.m. There was a motion made by Commissioner Svoboda to adjourn, seconded by Commissioner Benjamin. Voting aye: Miller, Benjamin, Svoboda, Straka, Weber, Grund. Motion carried, 6-0. Charles Grund Chairman Planning & Zoning Commission Village of Brookfield Brookfield, Illinois PZC 3/25/21 4 of 4 Page 7 of 25  Village of Brookfield Planning and Zoning Commission Staff Report TO: The Village of Brookfield’s Planning and Zoning Commission HEARING DATE: March 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 21-06 – Text Amendment to allow New Non-Conforming Uses in the Station Area Districts: The Village of Brookfield, Illinois requests a Text Amendment to Chapter 62 of the Village Code of Ordinances to allow new non-conforming uses in the Station Area Districts (SA- 1, SA-2, SA-3, SA-4, SA-5, and SA-6 Districts). 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 8 of 25 PZC 21-06 – Text Amendment to Add New Non-Conforming Uses in the Station Area Districts March 25, 2021 Page 2 ANALYSIS SUBMITTALS This report is based on the following documents, which are on file with the Community Development Department: 1. Application for Public Hearing 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 new non-conforming uses in the Station Area Districts (SA-1, SA-2, SA-3, SA-4, SA-5, and SA-6 Districts). This proposed 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 9030 Brookfield Avenue. The property owner has a potential tenant who would like to open a small- scale commercial kitchen with ancillary warehouse and distribution operations. However, even though the building was historically and is currently used for such light industrial uses, the current zoning is SA-6 District, which does not allow light industrial uses. The owner was not able to sign a lease with the potential new tenant due to the limited permitted uses in the SA-6 District 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. Section 62-216 of the Code contains the table of permitted and special uses that was adopted as part of the Zoning Modernization effort (Refer to Attachment A). Exhibit 1: Google Street View Photo of 9030 Brookfield Avenue Page 9 of 25 PZC 21-06 – Text Amendment to Add New Non-Conforming Uses in the Station Area Districts March 25, 2021 Page 3 As shown on the Zoning Map below, the SA-6 (Residential Mixed-Use District) is shown in orange shading. There are numerous properties in the Village that are zoned SA-6 District. Exhibit 2: Zoning Map of Brookfield Avenue between Maple Avenue and Sunnyside Avenue (SA-6 District in Orange Shading – Full Extent of SA-6 District Not Shown) The Brookfield Comprehensive Plan, which was adopted in 2018, approximately one year after the “Zoning Modernization” effort that was approved in 2017, includes a “Residential Flex” land use designation as part of the Future Land Use Plan depicted on Page 62 of the Plan. The Residential Flex designation is described on Page 58 of the Plan as follows: “Residential Flex involves transitioning single-family detached uses to denser land uses, such as Mixed-Use, and generally concentrated along the Metra rail line. This land use occurs at areas zoned SA-6 (Residential Multi-Unit District) according to the Village’s Zoning Modernization. Under the SA-6 zoning district, residential flex allows both SFD (Single-Family Attached) and SFA (Single-Family Detached) development with a maximum height of three stories. Additionally, it is recommended that SA-6 zoning district and residential flex be expanded to blocks fronting Grand Boulevard between Downtown and 8 Corners. This would enable a stronger connection between the two areas through physical development.” While the permitted uses in the SA-6 District are consistent with the Comprehensive Plan designation of “Residential Flex”, the SA-6 District in particular is one of the Station Area districts that created a number of non-conforming uses when it was adopted in 2017. DISCUSSION Staff is seeking discussion and input from the Planning and Zoning Commission (PZC) regarding the potential to allow new non-conforming uses in the Station Area Districts (SA-1, SA-2, SA-3, SA-4, SA-5, and SA-6 Districts), particularly for those buildings that were historically or currently used for light industrial purposes, such as the block faces along the north side of Brookfield Avenue, between Maple Avenue and Sunnyside Avenue, which are zoned SA-6 District. Staff provides the following options for consideration: Page 10 of 25 PZC 21-06 – Text Amendment to Add New Non-Conforming Uses in the Station Area Districts March 25, 2021 Page 4 Option 1: Status Quo. Under this option, there would be no change to the current text in the Zoning Code. New light industrial uses (new leases or occupancies) would remain prohibited in the SA-6 District. The existing light industrial buildings that are zoned SA-6 District could continue the existing leases and occupancies for light industrial uses, but no new leases or occupancies could occur, and no Business Licenses could be issued. Property owners could convert the existing light industrial buildings to permitted residential uses or sell to developers for residential redevelopment. Option 2: Text Amendment to the Zoning Code to Amend Article IV – Non-Conforming Buildings, Structures and Uses - to Create Language for the Elimination of Non-Conforming Uses, including adding an Amortization Schedule to Allow for the Extension of Legal Non-Conforming Uses Under this option, the existing language on Non-Conforming Buildings, Structures and Uses (Refer to Attachment B) would be amended to allow any lawfully existing non-conforming use in the Station Area Districts (SA-1, SA-2, SA-3, SA-4, SA-5, and SA-6 Districts) to be extended subject to an amortization schedule. Based on the value of the building, there would be a sliding scale in terms of the number of years that a non-conforming building or structure could remain. Higher valued buildings or structures would have a longer amortization period. Lower valued buildings would have a shorter amortization period. The Village Attorney has prepared the attached draft Ordinance for consideration of this option (Attachment C). Option 3 (Updated): Text Amendment to the Zoning Code to Create an Overlay District over the existing Light Industrial Buildings in the SA-6 District, and Add Light Industrial Uses as a Special Use in the SA-6 District within the new Overlay District Under this option, new text would be added to the Zoning Code creating an Overlay District that would include the existing light industrial buildings in the SA-6 District which were made non- conforming when the SA-6 District was established as part of the “Zoning Modernization” effort in 2017. The Overlay District would allow only those properties included within the area bounded by the new district boundary to have the ability to apply for a Special Use Permit to allow for new light industrial uses, but only for and within existing buildings that historically had such similar uses, and not for new light industrial uses in new buildings to be developed. This option would provide a method for allowing new leases and occupancies for non-conforming uses in the SA-6 District. However, this option would not include the amortization language as presented in Option 2. Option 4: Map Amendment(s) to Rezone Select Properties from SA-6 (Residential Mixed-Use District to I-1 General Light Industrial District Under this option, a new PZC Case would need to be initiated by the Village Board and a new legal notice would need to be advertised for a future public hearing. This option would not be consistent with the Future Land Use Plan in the Comprehensive Plan. February 25, 2021 Plan Commission Meeting The Planning and Zoning Commission (PZC) held a public hearing on this case on February 25, 2021. Several members of the public provided testimony. After considerable discussion among the PZC members, the case was continued to the March 25, 2021 meeting. Since the previous PZC meeting, staff has compiled the following Business License history regarding the properties located on the north side of Brookfield Avenue, between Maple Avenue and Sunnyside Avenue in the SA-6 District: Page 11 of 25 PZC 21-06 – Text Amendment to Add New Non-Conforming Uses in the Station Area Districts March 25, 2021 Page 5 Business License History Address Owner Business Name Business 2017 2018 2019 2020 2021 per Tax Contact Records 9018 Joan Throughstream Michael ✓ ✓ ✓ ✓ ✓ Brookfield Jehlik Jehlik Avenue 9020 Main Lyons Mario ✓ ✓ ✓ ✓ ✓ Brookfield Holding Restaurant Acuna Avenue Supply, Inc. 9030 Julius Automatic Tom No Business License renewals since Brookfield Sparacino Coffee & Lavish Sparacino 2012 Avenue* Weddings *It appears Jon Site Safety and Inspection Services is currently using this building. 9034 Roger J. A Touch of Roger J. ✓ ✓ ✓ ✓ ✓ Brookfield Merenkov Beauty Merenkov Avenue 3808 Randall Lilett Karen ✓ ✓ ✓ ✓ ✓ Sunnyside K. Gula Candies/Karand Gula Avenue Chocolate Inc. As requested at the previous PZC meeting, staff has compiled the attached property tax information for each of the above five (5) properties. These are public records found online via the Cook County Property Tax Portal. 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 options for proposed Text Amendments to Chapter 62 of the Village’s Code of Ordinances (Option 2 and Option 3 above) to allow new non-conforming uses in the Station Area Districts do in fact sustain each of the above findings. CONCLUSION Option 2 and Option 3 for proposed Text Amendments to Chapter 62 of the Village’s Code of Ordinances would potentially allow new non-conforming uses in the Station Area Districts. RECOMMENDATIONS Staff is seeking discussion and input from the Planning and Zoning Commission (PZC) regarding the potential to allow new non-conforming uses in the Station Area Districts. If Commissioners are in agreement with one of the options presented in this report, 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 12 of 25  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 13 of 25 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 new non-conforming uses in the Station Area Districts. ____________________________________________________________________________________ ____________________________________________________________________________________ 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 14 of 25  Committee Item Memo Meeting Date: April 12, 2021 Staff Contact: Michael Schwarz, Community Development Director Department: Community Development Subject: Discussion Regarding a Plat of Consolidation for 4136 Raymond Avenue (PZC 21-08). Background Information: The applicant, Jean B. Kendrick Trust, proposes to consolidate three (3) existing lots (Lots 62, 63 and 64 in Block 5 in West Grossdale Subdivision) commonly known as 4136 Raymond Avenue. The applicant must consolidate the three existing lots within the property in order to build a new detached garage which presently sits on a lot which is separate from the principal structure, which is deemed a non-conforming structure with respect to the Zoning Code. Non- conforming structures may not be expanded without being brought into conformance with the Zoning Code. The proposed new lot (Lot 1) will have 75 feet of frontage and 125.7 feet of depth, for a total area of 14,281 square feet. The new lot will comply with the minimum 50-foot lot width and 6,200 square-foot area for requirements for the A-1 Single-Family Residential District. The applicant intends to demolish the existing dilapidated detached garage and build a new detached garage in the same location and will utilize the existing driveway. There will be no new curb cut. PLANNING AND ZONING COMMISSION DISCUSSION AND ACTION The PZC reviewed and discussed this matter at its March 25, 2021 meeting. The PZC voted 6-0 to recommend approval of the proposed Plat of Consolidation for 4136 Raymond Avenue subject to any necessary technical revisions prior to recording. Financial Impact: None. Recommendation(s): Discuss the proposed Plat of Consolidation for 4136 Raymond Avenue. Attachments: 3.25.21 DRAFT PZC MINUTES PZC 21-08 Staff Report Plat of Consolidation - 4136 Raymond Avenue Page 15 of 25 Plat of Survey - 4136 Raymond Avenue Page 16 of 25  VILLAGE OF BROOKFIELD BROOKFIELD, ILLINOIS 60513 JOURNAL OF THE PROCEEDINGS OF THE PLANNING AND ZONING COMMISSION HELD ON THURSDAY, MARCH 25th, 2021 IN THE BROOKFIELD VILLAGE HALL (LOWER LEVEL) MEMBERS PRESENT: Chairperson: Charles Grund; Commissioners: Karen Ann Miller, Patrick Benjamin, Todd Svoboda, Chris Straka, Mark Weber MEMBERS ABSENT: Commissioner Hendricks ALSO PRESENT: Michael Garvey, Village Trustee; Michael Schwarz, Director of Community & Economic Development On Thursday, March 25th, 2021, Chairperson Grund called the meeting of the Planning and Zoning Commission to order at 7:02 P.M. Commission Secretary Weber conducted the roll call. Public Hearings PZC Case 21-06 – Text Amendment to Chapter 62 of the Village Code of Ordinances to Allow New Non- Conforming Uses in the Station Area Districts (continued from February 25, 2021 PZC meeting) Motion to open the re-open the public hearing for PZC Case 21-06 by Commissioner Svoboda, seconded by Commissioner Miller. Voting Aye: Miller, Benjamin, Svoboda, Straka, Weber, Grund. The motion carried 6-0. Director of Community and Economic Development Michael Schwarz gave a presentation and summarized the staff report. Commissioner Miller asked if a time limit would be determined at the time of consideration of a Special Use under Option 3 presented in the staff report. Commissioner Benjamin asked for clarification regarding Option 3. PUBLIC HEARING: Chair Grund asked if there was anyone in the audience wishing to give testimony on this case. Chair Grund swore in Thomas Sparacino of 9030 Brookfield Avenue. He stated that Option 3 is most palatable. He is not against future multi-family redevelopment. Chair Grund swore in Roger Merenkov of 9034 Brookfield Avenue. He provided the history of his ownership of the property. He stated that he was advised at the time of the rezoning of his property that he would have legal non- conforming status if he maintained a business license. He stated his support for Option 3. Mr. Sparacino responded and asked additional questions regarding the options presented. PZC 3/25/21 1 of 4 Page 17 of 25 Director Schwarz responded with additional procedural information. Chair Grund swore in Karen Gula of 3808 Sunnyside Avenue. She provided the history of her and her husband’s ownership of the property. She stated that she is fine with Option 3. She does not like Option 2. She would like the option to sell to someone who would put it to good use. Chair Grund swore in Dan Chopp of 9100 Plainfield Road. He asked if there was a purchaser today for one of these properties and they were a similar light industrial use, would they be allowed to continue that use. Chair Grund responded that under Option 3, if a similar light industrial use was proposed, a new Special Use would be required so that the PZC could review each use on a case-by-case basis. Director Schwarz explained the Zoning Code section pertaining to non-conforming uses and explained the Business License process. Additional discussion ensued regarding new potential uses in these buildings and whether or not uses that are substantially similar to the current uses would be permitted as part of the Business License review. Roger Merenkov stated that he thought the legal non-conforming status is transferrable. Commissioner Miller stated that she was part of the Zoning Modernization Committee and provided some history on what the intent was at the time that the zoning was changed in this area. Additional discussion ensued regarding the transferability of the legal non-conforming status. Commissioner Straka stated that the proposed Option 3 is intended to address unintended consequence of the 2017 Zoning Modernization which does not allow for the extension of legal non-conforming uses. Commissioner Benjamin asked if the owner of the candy company was to sell to another owner who wants to operate a candy business, could she do that without coming before the PZC under Option 3. Director Schwarz stated that his interpretation was no, which is to Commissioner Miller’s point. But he can consult with the Village Attorney on this question. Commissioner Benjamin stated that as long as there is an avenue moving forward. 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 21-06. Commissioner Benjamin made a motion, seconded by Commissioner Straka, to close the public hearing. Voting Aye: Miller, Benjamin, Svoboda, Straka, Weber, Hendricks, Grund. The motion carried 6-0. COMMISSIONER DELIBERATION: Chair Grund stated that there were unintended consequences when the zoning was changed. He does not think that there was any intent to drive businesses out. This will really be developer driven. But if that doesn’t happen for years, then we don’t want those buildings sitting vacant. He is in favor of Option 3. PZC 3/25/21 2 of 4 Page 18 of 25 Commissioners Benjamin, Straka, Weber, Svoboda each stated that they concurred with Chair Grund’s comments. Commissioner Miller stated that it was never the Zoning Modernization Committee’s intent to drive businesses out. It was a way to start changing and bring what they Village would like to see developed. She stated that she is in agreement with Option 3. Chair Grund stated that he would entertain a motion to adopt staff’s findings as the findings of the Planning and Zoning Commission and to recommend to the Village Board approval of PZC Case 21-06, a Text Amendment to Chapter 62 of the Village Code of Ordinances to Allow New Non-Conforming Uses in the Station Area Districts per the language presented in Option 3, a Text (and Map) Amendment to the Zoning Code to create an Overlay District and add light industrial uses as a Special Use in the SA-6 District within the new Overlay District. Commissioner Benjamin made a motion, seconded by Commissioner Straka, to recommend approval of PZC Case 21-06. Voting Aye: Miller, Benjamin, Svoboda, Straka, Weber, Grund. The motion carried 6-0. New Business PZC Case 21-07 – Plat of Consolidation for 4301-4309 Prairie Avenue (St. Nikola Church) This case was removed from the agenda at the request of staff. PZC Case 21-08 – Plat of Consolidation for 4136 Raymond Avenue (Kendrick Residence) Director of Community and Economic Development Michael Schwarz gave a presentation and summarized the staff report. He stated that the applicant was not present and that the PZC could defer this case to the next meeting or move forward. He did reach out to her prior to the meeting. Chair Grund stated that the PZC has had cases like this in the past where the applicant was not present and the PZC still voted on the case. Commissioner Benjamin stated that in all his years he has never seen Plats of Consolidation come before the PZC. He encourages staff to look into this. Director Schwarz responded that the Village Code only requires the signature of the PZC Chair on a Plat of Consolidation. He added that per the Village Attorney, beginning in 2017, the PZC began reviewing and recommending plats for approval by the Village Board. Consistent with that practice, the proposed plat must be reviewed by the PZC and approved by the Brookfield Village Board before it may be recorded. Discussion ensued regarding the need to bring Plats of Consolidation before the PZC. Commissioner Benjamin made a motion, seconded by Commissioner Straka, to recommend approval of PZC Case 21-08 Plat of Consolidation for 4136 Raymond Avenue (Kendrick Residence) subject to any necessary technical revisions prior to recording. Voting Aye: Miller, Benjamin, Svoboda, Straka, Weber, Grund. The motion carried 6-0. Approval of Minutes from February 25, 2021 Chair Grund stated that he would entertain a motion to approve the Minutes from February 25, 20121. Motion by Commissioner Straka, seconded by Commissioner Svoboda. Voting Aye: Miller, Svoboda, Straka, Weber, Grund. Voting Nay: None. Benjamin abstained. Old Business None. PZC 3/25/21 3 of 4 Page 19 of 25 Commissioner Straka made a comment regarding a previous PZC case that never materialized at 9109 Ogden Avenue. He mentioned a new party rental business is open and even when the PZC does lots of work sometimes things do not materialize. He commends the PZC. Staff Update Community Development Director Michael Schwarz gave an update on the recruitment for the vacant Village Planner position. He also mentioned that the Committee-of-the-Whole on March 22 discussed PZC Case 21-05 a Text Amendment to the Zoning Code to allow First-Floor Offices in the SA-2 District. That matter will move to the Village Board for consideration on April 12. Next Meeting: Scheduled for Thursday, April 22, 2021. Public Comment: None. Adjournment Chair Grund stated that he would entertain a motion to adjourn at approximately 8:20 p.m. There was a motion made by Commissioner Svoboda to adjourn, seconded by Commissioner Benjamin. Voting aye: Miller, Benjamin, Svoboda, Straka, Weber, Grund. Motion carried, 6-0. Charles Grund Chairman Planning & Zoning Commission Village of Brookfield Brookfield, Illinois PZC 3/25/21 4 of 4 Page 20 of 25  Village of Brookfield Planning and Zoning Commission Staff Report TO: The Village of Brookfield’s Planning and Zoning Commission HEARING DATE: March 25, 2021 FROM: The Village of Brookfield Community Development Department PREPARED BY: Michael J. Schwarz, AICP, Director of Community & Economic Development TITLE PZC Case 21-08 – Plat of Consolidation 4136 Raymond Avenue; The applicant requests approval of a Plat of Consolidation to consolidate three existing lots within the property in order to build a new detached garage which presently sits on a lot which is separate from the principal structure, which is deemed a non-conforming structure with respect to the Zoning Code. GENERAL INFORMATION APPLICANT: Jean B. Kendrick Trust 4136 Raymond Avenue Brookfield, IL 60513 APPLICATION/NOTICE: The application has been filed in conformance with applicable procedural and public notice requirements. PROPERTY INFORMATION EXISTING ZONING: A-1 Single-Family Residence District EXISTING LAND USE: Detached Single-Family Residential PINs: 18-03-116-050-0000; 18-03-116-051-0000; & 18-03-116-052-0000 SURROUNDING ZONING AND LAND USES: North: A-1 Single-Family Residential District; Detached Single-Family Residential South: A-1 Single-Family Residential District; Detached Single-Family Residential East: A-1 Single-Family Residential District; Detached Single-Family Residential West: A-2 Single-Family Residential District; Detached Single-Family Residential Page 21 of 25 PZC 21-08 – 4136 Raymond Avenue – Plat of Consolidation Page 2 March 25, 2021 ANALYSIS SUBMITTALS This report is based on the following documents, which are on file with the Community Development Department: 1. Application for Consolidation 2. Plat of Consolidation DISCUSSION The applicant proposes to consolidate three (3) existing lots (Lots 62, 63 and 64 in Block 5 in West Grossdale Subdivision) commonly known as 4136 Raymond Avenue. The applicant must consolidate the three existing lots within the property in order to build a new detached garage which presently sits on a lot which is separate from the principal structure, which is deemed a non-conforming structure with respect to the Zoning Code. Non-conforming structures may not be expanded without being brought into conformance with the Zoning Code. The proposed new lot (Lot 1) will have 75 feet of frontage and 125.7 feet of depth, for a total area of 14,281 square feet. The new lot will comply with the minimum 50-foot lot width and 6,200 square-foot area for requirements for the A-1 Single-Family Residential District. The applicant intends to demolish the existing dilapidated detached garage and build a new detached garage in the same location and will utilize the existing driveway. There will be no new curb cut. Exhibit 1: Site Location and Aerial Photo Page 22 of 25 PZC 21-08 – 4136 Raymond Avenue – Plat of Consolidation Page 3 March 25, 2021 The following sections of the Brookfield Code apply in this case: ARTICLE II. - PLAT REQUIREMENTS Sec. 48-19. - Plats to conform to official plan. No map or plat of any subdivision affecting land within the corporate limits of the village and contiguous territory outside of and distant not more than 1.5 miles from such limits, and not included in any city, village or incorporated town, and presented for record after the adoption of the official plan provided for in chapter 40 of this Code shall be entitled to record or shall be valid unless the subdivision thereon shown provides for streets, alleys and public grounds in conformity with any requirements applicable thereto on such official plan. (Code 1940, § 43.006; Code 1964, § 25-1) Sec. 48-20. - Approval of plats—Required. Any person subdividing lands, blocks, lots or sublots, or any part thereof, located in the village shall make a map or plat of such subdivision and, before recording the same in the county recorder's office, shall submit the same to the chief building inspector and the village attorney for their examination. If such officers approve the same, they shall so certify; and such map or plat shall not be valid or effective, as far as the interests of the village are concerned, until it has been approved by the president and board of trustees. (Code 1940, § 7.001; Code 1964, § 25-2) Per Section 62-21 - Consolidation of Zoning Lots – of the Brookfield Zoning Code: (a) No person shall use two or more contiguous subdivided lots or portions thereof to satisfy the requirements of this chapter unless said person shall duly record with the county recorder of deeds a plat conforming to the applicable state statutes and the requirements of this Code consolidating or subdividing the lots as the proper case may be. (b) No person shall build or extend any building or structure on two or more contiguous subdivided lots or portions thereof unless said person shall duly record with the county recorder of deeds a plat conforming to the applicable state statutes and the requirements of this Code consolidating or subdividing the lots as the proper case may be. (Code 1964, § 30-5.12; Ord. No. 99-24, 7-26-1999; Ord. No. 99-51, 12-13-1999; Ord. No. 2007- 26, § 2, 3-26-2007) Beginning in 2017, the Brookfield Planning and Zoning Commission (PZC) began reviewing and recommending plats for approval by the Village Board. Consistent with that practice, the proposed plat must be reviewed by the Planning and Zoning Commission and approved by the Brookfield Village Board before it may be recorded. RECOMMENDATIONS Staff recommends that the Planning and Zoning Commission recommend approval of the proposed Plat of Consolidation to the Village Board subject to any necessary technical revisions prior to recording. Page 23 of 25 Page 24 of 25  SURVEY I FGFND 0 Monumentotion Monumentotlon Set Found T SU (IRLS 35-2551) (50') Record Dimension THE NORTH HALF OF LOT 60 AND ALL OF LOTS 61, 62, 63 AND 64 IN BLOCK 5 IN WEST —X—— Fence Line GROSSDALE, A SUBDIVISIONOF THE WEST HALF OF THE WEST HALF OF SECTTON3, TOWNSHIP 38 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,IN COOK COUNTY, ILLINOIS. AREA OF SITE = 14,281 SQ.FT. CARRAD US ANGLE ON THE SOUTHEAST CORNER OF THE SITE IS 89'19'40" CURB K BITUMINOUS k0At9wAY\_ & QWEE IS ONLINE8. ZOO‘ EAST CROSSIS ONLINE& 2.00‘ EAST pm. M_.,a5.-II2,I2‘ 112.50 25 _0 \( 25 .00 25 W/’~LK|Sl.5' scum I 9.‘ O89‘ X 6.5‘ STEPS STONEWALL ( TYPICAL) BUILDING LIN E .55‘ 4I.65‘ SOUTHFACEOF WOODFENCE IS l.9‘ NORTH >_ ‘ § l.O § 4:56 AVE / TWOsrorzv / 12' 8 x § /BRICK: Z / RESIDENCE O § 5 E \1\ 6 0 w $3 l— 9 L O g '5 X L65 E 1 /2 5 ‘ 5 63o A ‘ Us S9; 2: Isl‘ 35§ 9 4/ 5 E L E 3|“. F BX ~ x U’) LO _ |_ ‘—LO _: 8E -A C\I gN V‘ |.7 26.29 I-<—4.99' ”’ 01 3 E V —4 V—1 \./" 41.6‘ WOOD DECK ze.STAIPS CONCPE WALL 2 STEPS WOOI7 62 SOUTHFACEOF WOOD IS 2.8‘ NOPTH X IS 2.55‘ COIEFER GARAGE FRAME 33; NORTHFACEOF WOODFENCE O N X IS o|.S'SOLITH NORTH2 EASTFACESOF WOOD GN?A6€ COQER IS 2.69‘ 5011114 FENCEAPEONLINE2. |.l' EAST 8. 2.5‘ EAST ALLEY CONCRETE IS l.O' WEST ( 112.50’ ) 15 ALLEY ‘WEST NOTCHIS u\_ Meas.-||2.l2' N P UB LIC NOTES 1 All distances shown hereon are in feet and decimal parts thereof corrected to 68' l Distances shown along curved lines are Arc Measurements unless otherwise noted 2 Compare the Legal Description. Building Lines. and Easements as shown hereon with your Deed, Title Insurance Policy or Title Commitment Consult local authorities for additional setbacks and restrictions not shown hereon Compare all survey points and report any discrepancies immediately Consult utility companies and municipalities prior to the start of any construction Dimensions to and along buildings are exterior faundatian measurements Do Not Assume distances from scaled measurements made hereon CAREEJDUS [LAND SUIFBVIEV. IIINJ ?©$il<<?®ImiIllzmll & ©©ImLrrm®n°©llaJl] Lama] Smwey?mg] C. S®Irv?©@es Gary Avenu , Suite 80, Caro Stream no s, 60188 630 588-04 6 Fox 653 7682 rrodus_ u hoo.com 5 11113 5th DAY 0; March A,o_ ZOZI JEAN KENDRICK BY ILIJNOIS PROFESSIONALLANDSURVEYORNO. 35-2551. MY UCENSE EXPIRESNOIEIBER 30, 2022. Page 250of 25 _\l<7'lUIf>L»J 125.70