Committee of the Whole

Village of Brookfield Agenda Committee of the Whole Meeting Monday, July 11, 2022 @ 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 of a Temporary Use and Event Permit Application and Text Amendments Committee Item Memo-Temporary Use III. PUBLIC COMMENT IV. EXECUTIVE SESSION Pursuant to Section 2(c)(1) of the Open Meetings Act to Discuss the Appointment, Employment, Compensation, Discipline, Performance, or Dismissal of Specific Employees V. ADJOURNMENT Page 1 of 8  Committee Item Memo Meeting Date: July 11, 2022 Staff Contact: Emily Egan, Community Development Director Department: Community Development Subject: Discussion of a Temporary Use and Event Permit Application and Text Amendments Background Information: The Village receives numerous requests for permitting a wide variety of temporary uses and events. Many of these events and community celebrations elevate the Village’s profile and foster community. The Village has taken on marketing and branding efforts to showcase community events including the community calendar in the Enjoy Brookfield website. The Village seeks to streamline this process and create a predictable procedure of review by staff and the Village Board. The Community Development Department proposes the following changes to the municipal code and a new temporary use and event permit. The temporary use and event permit would regulate temporary uses of the public right of ways and private property. These events include but are not limited to: temporary sales, fundraisers, the Streetdance event, Art Fairs, events with or without food trucks, pop-up stores with or without structures or tents, races or fun runs, and more. The type of events not regulated by the proposed permit include: events within the park system, block parties, private social events wholly on private property. All land uses are regulated by the Zoning Code. Temporary uses would be processed by the Village Planner but receive an interdepartmental review and final approval by the Village Manager and written notification to the Village Board. Staff is proposing a $50 application fee for temporary use and event permits. If an event temporary closes the public right-of-way and requires assistance from the Police Department to direct traffic additional fees to the Police Department may be assigned on a case-by-case basis. Staff Process: Any resident or community organization seeking to hold an event should complete a one-page temporary use and event permit application (draft attached) to the Community Development Department a minimum of six weeks prior to the event date. The Village Planner will confirm receipt and provide an initial review of the application. An interdepartmental review of the request will occur among all village departments. Village staff may request changes to the event site plan or timeframe to accommodate traffic control, safety or other concerns. After all staff requests have been satisfied the Village Manager may approve the request. The Village Manager will then update the Village Board about the event. Proposed Text Amendments: Key changes for the proposed text amendments are summarized below. Page 2 of 8  • More consistent process for those applying for a temporary use and event permit. • Uniform review by all departments for safety standards. • Consolidates temporary uses definition and regulation from several different sections of the municipal code into one section. The existing Village Code of Ordinances related to Temporary Uses are shown below. The bold and red text indicates the proposed changes. Sec. 62-70. – Temporary Uses. (Residential) The following temporary uses are permitted to the extent noted: (1) House, garage and yard sales having received an applicable permit from the village and which are in conformity with all regulations governing such sales. (2) Contractor's offices and equipment sheds when necessary to the on-site construction project. No such structure shall contain sleeping or major cooking facilities. Such use shall be limited to a period not to exceed 12 months. (3) Real estate sales offices and model units when an accessory to a new development. Such use shall not contain sleeping or major cooking facilities, except for display purposes. Such use shall be limited to the period of selling or leasing new units. No office use shall be used as the general office or headquarters of any firm. (4) In any open space or park, any civic use of any public property, building or structure is permitted when authorized by the governmental agency owning or controlling such property. (5) Temporary storage containers for which a permit has been issued and remains valid. (6) Any other temporary use may be permitted from time to time which does not involve permanent construction or alterations, is established for a fixed period of time with a date certain for expiration, and does not impose an undue or adverse effect on neighboring streets or property, provided that such temporary use receives specific prior approval of the president and board of trustees of the village. (Code 1964, § 30-6.01(D); Ord. No. 96-14, 3-25-1996; Ord. No. 2002-41, 9-23-2002; Ord. No. 2006-64, 9-11- 2006; Ord. No. 2017-54 , § 6, 9-11-2017) Sec. 62-97 Temporary Uses. (Business) The following temporary uses are permitted to the extent noted: (1) Carnivals and circuses, provided that any such use shall be required to be reviewed by the village board of trustees prior to the holding of such an event. Such approval shall be reviewed relevant to the adequacy of the parcel in size, parking provisions and traffic access, and the undue adverse impact on other properties. Temporary height and yard restrictions in lieu of those contained in this chapter, as well as any additional restrictions and requirements may be instituted by the village board, in a case-by-case basis, where the village board deems such restrictions and requirements are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. This permission does not relieve the applicant from any applicable county, state or federal statutes or regulations, nor of other ordinances, rules or regulations of the village. (2) Contractor's office and equipment sheds when accessory to the on-site construction project. No such structure shall contain sleeping or cooking facilities. Such use shall be limited to a period not to exceed 12 months. (3) Christmas tree and wreath sales shall be permitted in the C-1, C-2 and C-4 Business Zoning Districts when a proper business license has been obtained from the village. Further, the period of such use shall be limited to a maximum of 90 consecutive days in any calendar year. The specific site is to be reviewed relevant to the adequacy of the parcel size, parking provisions and traffic access, and the adverse impact on other properties. Page 3 of 8 Temporary restrictions may be established by the village board in a case-by-case basis, where it is deemed that such restrictions are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. (4) Farm, fruit or vineyard, or garden produce grown or produced by the person offering them for sale, conducted only upon vacant property located in the C-1 or C-2 Business Districts when a proper business license has been obtained from the village, and limited to a period of no more than six consecutive months in any calendar year. Such items are to be sold only during daylight hours. Further, the specific site is to be reviewed relevant to the adequacy of the parcel in size, parking provisions and traffic access, and the undue adverse impact on other properties. Temporary restrictions and requirements may be by the village board in a case-by- case basis, where it is deemed such restrictions and requirements are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. In any other commercial zoning district, as well as upon any municipal property or the public right-of-way in any commercial district, permission for this type of temporary business may be granted upon prior formal approval of the president and village board and under provisions and to the extent that they may grant on a case-by-case basis. (5) Real estate sales offices and model units when accessory to a new development are permitted in all commercial zoning districts. Such use shall not contain sleeping or cooking facilities, except for display purposes. Such use shall be limited to the period of selling or leasing new units. No such unit may be used as the general office or headquarters of any firm. Error! Hyperlink reference not valid.may be permitted in any commercial zoning district in connection with any permitted, accessory, temporary or special use. No tent shall be allowed to remain for a period of more than two days longer than the period during which the use with which it is associated is allowed to remain, or in the absence of any such period, for more than ten consecutive days. Unless waived or amended by action of the village board prior to the erection of such tents, all height, bulk and yard requirements of this chapter shall be applicable. Where such tent is to be utilized for temporary seating, such as for meeting or theatrical purposes, and unless waived or amended by action of the village board prior to the erection of such tents, the number of off-street parking spaces required by this chapter shall be applicable. In all cases, any and all such tents shall be reviewed and require the approval of the village fire chief for safety requirements. (7) Sidewalk sales may be permitted within any commercial zoning district provided that such temporary use receive specific prior approval of the village board, who may institute special regulations and requirements as deemed necessary on a case-by-case basis. (8) In any open space, park, or public right-of-way in any commercial zoning district a temporary use may be permitted provided that such temporary use receive prior to its establishment specific approval by the village board, who may make such approval subject to any restrictions and regulations which they may deem appropriate on a case-by-case basis. (9) Temporary storage containers for which a permit has been issued and remains valid. (10) Any other temporary use may be permitted from time to time in a commercial zoning district that does not involve permanent construction or alterations; is established for a fixed period of time with a date certain for expiration; and, does not impose any undue or adverse effect on neighboring streets or property. And, further provided that such temporary use receive specific prior approval of the village board who may make an approval with any restrictions which they may deem appropriate on a case-by-case basis. Sec. 62-131 – Temporary Uses. (Industrial) The following temporary uses are permitted to the extent noted: (1) Contractor's office and equipment sheds shall be permitted in the I-1 Industrial Zoning District when accessory to the on-site construction project. No such structure shall contain sleeping or cooking facilities. Such use shall be limited to a period not to exceed 12 months. Page 4 of 8 (2) Christmas tree and wreath sales shall be permitted in the I-1 Industrial Zoning District when a proper business license has been obtained by the village, and limited to a period of not more than 90 days in any calendar year. Further, the specific site is to be reviewed regarding its adequacy of the parcel size, parking provisions and traffic access, and the undue adverse impact on other properties. Temporary restrictions and requirements may be established by the village board on a case-by-case basis, where it is deemed that such restrictions and requirements are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. (3) Farm, fruit or vineyard, or garden produce grown or produced by the person offering them for sale, conducted upon a vacant zoning lot located in the I-1 Industrial Zoning District shall be permitted when a proper business license has been obtained from the village; however, such use shall be limited to a period of no more than six consecutive months in any calendar year. Such items are to be sold only during daylight hours. Further, the specific site is to be reviewed relevant to the adequacy of the parcel size, parking provisions and traffic access, and the undue adverse impact on other properties. Temporary restrictions and regulations may be established by the village board on a case-by-case basis, where it is deemed that such restrictions and requirements are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. (4) Tents may be permitted in the I-1 Industrial Zoning District in connection with any permitted, accessory, temporary or special use. No tent shall be allowed to remain for a period of more than two days longer than the period during which the use with which it is associated is allowed to remain, or in the absence of any such period, ten days. Unless waived or amended by action of the village board prior to the erection of such tents, all height, bulk and yard requirements of this chapter shall be applicable. Where such tent is to be utilized for temporary seating, such as meeting or theatrical purposes, and unless waived or amended by action of the village board prior to the erection of such tents, the number of off-street parking spaces required by this chapter shall be applicable. The fire chief shall cause to be reviewed such tents for their ability to meet fire and safety standards for fire and safety hazards, and his approval shall be necessary for their occupancy or use. (5) Temporary storage containers for which a permit has been issued and remains valid. Sec. 62-167 Temporary uses. (Special Districts) Because of the sensitive environmental nature of the area, temporary uses shall be considered only on a case- by-case basis. The request for a temporary use shall be processed in accordance with provisions regarding special use permits in division 2 of article VIII of this chapter. (Code 1964, § 30-6.04(D); Ord. No. 2006-64, 9-11-2006) Sec. 62-45 Temporary uses and events. (a) Defined. A temporary use is a use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure. (b) Authorization. Temporary uses and events may be permitted in any residential, office, commercial or industrial district pursuant to a permit that may be issued upon written application to the Village Manager. In any residential district, such temporary uses and events may only be authorized when sponsored by and for the benefit of not-for-profit, charitable, eleemosynary, or governmental entities that are a permitted or established conditional use in the district in which such property is located and such use or events is held on property owned or controlled by such entities. The Village Manager shall not approve or issue any permit for a temporary use or event, nor shall any such permit remain valid unless the applicant satisfies the following conditions throughout the term of the permit: (1) Compliance with all applicable provisions of Village ordinances; Page 5 of 8 (2) Approval by the Community Development Department, Fire Department, and Police Department of plans for structures and plans for vehicular and pedestrian access in connection with the temporary use or event; (3) Compliance with all applicable regulations of the Cook County Health Department. (4) Compliance with conditions established by the Village Manager which are necessary to protect the public health, safety and general welfare and the objectives and policies of this Chapter and the comprehensive plan. A violation of terms and/or conditions as established by the Village Manager, not corrected within twenty- four (24) hours, shall result in the immediate termination of the temporary use and event permit. (c) Duration for Permit. A permit for a temporary use or event shall be for a fixed term established at time of issuance not to exceed thirty (30) days. Only three such permits shall be issued to the same applicant for the same premises each calendar year. Within seven days after termination of the permit, the permittee shall remove all temporary structures, items and debris from, and clean-up and restore to a safe condition, the premises pertaining to the permit. (d) Bond. If the temporary use and/or event is within any portion of the public right-of-way, the applicant for a permit under this Section shall furnish a cash bond in the sum of $2,000 perpermit conditioned upon the permittee complying with all provisions of this Section. In the event the permittee fails or refuses to comply with the provisions of this Section, the bond shall be forfeited to the Village. Upon termination of the permit and compliance with the provisions of this Section, such cash bond shall be refunded to the permittee. (e) Insurance. If the temporary use and/or event is within any portion of the public right-of-way, the insurance policy shall contain commercial general liability limits not less than $1,000,000 combined single limit per occurrences for bodily injury and property damage and $1,000,000 per occurrence for personal injury. The insurance policy shall name the village, its officials, employees, agents, and volunteers as additional insured. (e) All persons, corporations, groups, or other entity requesting a temporary closure permit shall further agree to indemnify, defend and hold harmless the village and its officials, employees, agents, and volunteers against: (1) Any actions which may be brought against the village, its officials, employees, agents, and volunteers, arising out of the license issued, the installation and use of the encroachment, or any act or omission of the licensee, its agents or assigns, or any independent contractor on the licensee's behalf; and (2) Any claim or expenses incurred by the village, its officials, employees, agents, and volunteers, in enforcing the terms and provisions of the license against the licensee. Chapter 46 – Streets, Sidewalks and Right-of-way Sec. 46-108. – Authorized: permit required. The Village Managercitymay must issue temporary use and event permits for the temporary closure of any street, sidewalk, alley or other public way, and any associated public property, for the conduct of any exhibition, block party, carnival, festival or other special event of limited duration. Sec. 46-109. - Application. No Village right-of-way shall be closed without a temporary use and events permit issued by the Village Manager. Requests for a temporary use and event closurepermit shall must be made in writing to the Community Development Department village manager setting forth the nature of the event for which the permit is requested, the dates, times, site plans, and location of the event a minimum of six (6) weeks prior to the event date or at the discretion of the Village Manager. Sec. 46-110. - Information to be included on permit. Page 6 of 8 Any such permit issued shall recite the dates, times, site plans, andlocationof the temporary closure. Sec. 46-111. - Permit copies to be provided to certain city officials. Copies of the permit issued shall be delivered, by the village manager or his designee, to the police chief, fire chief, and the department of public works and services. Sec. 46-112. - Permittee responsible for restoration of event site. All persons, corporations, groups, or other entity requesting a temporary closure permit shall be responsible for returning street, sidewalk, alley or other public way or public place to its prior condition at the conclusion of the event, including, but not limited to, removal of all trash, debris and garbage. All persons, corporations, groups, or other entity requesting a temporary closure permit shall agree to assume all liability and shall indemnify, defend and hold harmless the village, its officials, employees, agents, and volunteers, for any injury or damage to persons or property, including the village's property, officials, employees, agents, and volunteers, occasioned by or arising in connection with any part of the encroachment, the use or occupancy of the area occupied by the encroachment, or the existence or condition of the encroachment. All persons, corporations, groups, or other entity requesting a temporary closure permit shall further agree to indemnify, defend and hold harmless the village and its officials, employees, agents, and volunteers against: (1) Any actions which may be brought against the village, its officials, employees, agents, and volunteers, arising out of the license issued, the installation and use of the encroachment, or any act or omission of the licensee, its agents or assigns, or any independent contractor on the licensee's behalf; and (2) Any claim or expenses incurred by the village, its officials, employees, agents, and volunteers, in enforcing the terms and provisions of the license against the licensee. Appendix A – Fee Schedule Chapter 2 – Administration Temporary Use and Events Permit - $50 Financial Impact: Recommendation(s): Village staff recommend the Committee of the Whole review the proposed text amendments and direct the Planning and Zoning Commission to hold a public hearing on the matter. Attachments: temp use application 06.02.22 Page 7 of 8  VILLAGE OF BROOKFIELD Community Development Department (708) 485-7344 www.brookfieldil.gov APPLICATION FOR TEMPORARY USE AND EVENT PERMIT ***PLEASE PRINT*** Property Owner Information: Property Owner Last Name: First Name: Property Owner Address: City: State: Zip Phone Number: E-Mail: Signature of Property Owner: Date: Applicant/Organization Information (if different from property owner): Organization Name: Not for Profit: yes no Address: City: State: Zip Phone Number: Cell Phone: E-Mail: Contact Last Name: Contact First Name: Emergency Contact Person: Cell Phone: Signature of Applicant: Date: Event/Use Information: Event Name: Date(s): Event Location: Hours of Operation: Service of Liquor: yes no If yes, is liquor for sale: yes no Live Music: yes no Sale or service of food: yes no Number of Attendees: In Street or Sidewalk: *If the answer is yes to any answer above, please provide additional details in narrative description of event. Additional Requirements- Must be submitted with application. 1. Written consent from the property owner granting permission for event (if applicant different from property owner). 2. Site Plan, must include a plan for parking. 3. Narrative description of event. ***All information must be complete and approved before a permit can be issued*** Page 8 of 8