Committee of the Whole

Village of Brookfield Agenda Committee of the Whole Meeting Monday, November 14, 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 Case No. 22-08 Text Amendment to Sections §14-178, §62-2, and §62-25 of the Village Code related to Tattoo Parlor Use Committee Item Memo - Tattoo Parlor Use III. PUBLIC COMMENT IV. EXECUTIVE SESSION 1. Pursuant to Section 2(c)(6) The setting of a price for sale or lease of property owned by the public body V. ADJOURNMENT Page 1 of 10  Committee Item Memo Meeting Date: November 14, 2022 Staff Contact: Kate Portillo, Village Planner Department: Community Development Subject: Discussion of Case No. 22-08 Text Amendment to Sections §14-178, §62- 2, and §62-25 of the Village Code related to Tattoo Parlor Use Background Information: The current Village Code of Ordinances Chapter 14- Business Licensing and Regulation, Article III, Division 1, Sec. 14-178 prohibits Tatooing establishments. As a result, the use “Tattoo Parlor” is not represented in Chapter 62-Zoning as a permitted (by-right) or special use in any of the Village zoning districts. On September 12, 2022, staff went before the Committee of the Whole with a discussion item proposing to add the use “Tattoo Parlor” to Chapter 62 Zoning in the "Other Use" category and proposing to allow this use in the C-1 zoning district. The Committee of the Whole provided comments in favor of striking the prohibition on tattoo parlor uses and including this type of use in commercial corridors not limited to C-1. The Committee of the Whole referred the matter to the Planning and Zoning Commission. The Planning and Zoning Commission held a public hearing on October 27, 2022, to consider a petition request from the Village for text amendments to the Zoning Code to allow tattoo parlor uses in certain Village zoning districts. Staff presented the findings and recommendations and the Commission heard public comment related to the petition request. In deliberations, Commissioners raised questions related to regulations of surrounding communities and recent national case law on tattoo parlors. Findings of Fact The Commission deliberations contemplated the Zoning intent and purpose (§62-1) for review of the petition request: • The proposed text amendments to add Tattoo Parlor use promotes and protects the public health, safety, morals, comfort, convenience and the general welfare of the people. • The proposed text amendments to add Tattoo Parlor use protects the character and maintains the stability of residential, business, commercial and manufacturing areas within the Village and promotes the orderly and beneficial development of these areas. • The proposed text amendments to add Tattoo Parlor use does not impeded adequate light, air, privacy and convenience of access to properties. Page 2 of 10 Recommendations: By unanimous vote of 7 ayes and 0 nays and 0 abstaining, the Planning and Zoning Commission moved to recommend the following: 1. Add the text Tattoo parlor. A business having as its principal activity the application or placing, by any method, of designs, letters, scrolls, figures, symbols, or other marks upon or under the human skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instrument designs to touch or puncture the skin, not including permanent cosmetic services to §62-2. - Definitions in the Zoning Code. 2. Add the following text to §62-25. - Commercial use category (d) (4) Personal improvement service. Uses that provide personal grooming, cosmetic or health and well-being-related services. Typical uses include barbers, hair and nail salons, day spas, tattoo parlors. Personal improvement service uses are permitted (allowed by right) in the C-1, C-3, C-4, C-5, I-1, SA-1 and SA-3 zoning districts, and with a maximum floor area of 3,500 square feet in the SA-2 and SA-4 zoning districts. Financial Impact: n/a Recommendation(s): Village staff recommend the Village of Brookfield Committee of the Whole discuss the petition request, the Finding of Facts and Recommendations above from the Planning and Zoning Commission, and the striking of Chapter 14- Business Licensing and Regulation, Article III, Division 1- Sec. 14-178.-Tattooing and body piercing establishments from the Village of Brookfield Code of Ordinances as follows: Sec. 14-178. - Tattooing and body piercing establishments. It shall be unlawful for any person to keep or maintain any business or occupation, shop or facility that engages in the practice of tattooing or body art, wherein any part of the human body is marked or figured by the insertion of pigment or dye under the skin or by the use of scarring, body piercing, or other mutilation of the human body for cosmetic purposes involving sharp instruments. (Code 1964, § 14-6; Ord. 93-11, 6-28-1993) and direct the Village Attorney to prepare an Ordinance for vote at the next Village Board meeting. Attachments: Draft PZC Minutes 10.27.2022 03.28.22ZoningMap_FinalSignature_20220301 Page 3 of 10  8820 Brookfield Avenue • Brookfield, Illinois 60513-1688 (708) 485-7344 • FAX (708) 485-4971 www.brookfieldil.gov Planning and Zoning Commission · Record of Minutes October 27, 2022 @ 7:00 PM Village Hall Basement Mee�ng Room 8820 Brookfield Avenue · Brookfield, IL 60513 I. Call to Order Chairman Grund called the regular mee�ng of the Planning and Zoning Commission to order at 7:00 PM. II. Roll Call Present: Chairman Grund and Commissioners Evans, Miller, Benjamin, Svoboda, Straka, and Weber. Absent: None Others Present: Trustee Hendricks III. Approval of Minutes Chairman Grund made a mo�on to approve the mee�ng minutes dated September 22, 2022. Commissioner Straka so moved. The mo�on was seconded by Commissioner Evans. AYES: Evans, Miller, Svoboda, Straka, Grund. NAYS: None ABSTAIN: Benjamin, Weber. Mo�on Passed 5-0 IV. Public Comment None. Chairman Grund provided an overview of the public hearing process for the members of the public in atendance and explained that there are two public hearings on the agenda this evening. V. Case No. 22-08 Public Hearing for a Request for Text Amendments to Chapter 62 of the Village Code related to the land use of personal improvement service to include Tatoo Parlors. Chairman Grund requested the staff report. Village Planner Kate Por�llo presents the case and the staff report and explains three proposed op�ons for adding Tatoo Parlor use to the Village Code. Ms. Por�llo also projected the 2022 Zoning Map on the screen and pointed out the various zoning districts where adding the Tatoo Parlor use is being contemplated. 1 Planning and Zoning Commission Record of Minutes – Meeting Date: October 27, 2022 Page 4 of 10  Commissioners asked ques�ons and requested informa�on related to regula�on in other communi�es, the legal cases referenced in the staff report, the prac�ce of regula�ng the number of business licenses issued, and informa�on on State licensing for a tatoo parlor. Community Development Director Emily Egan reminded the Commissioners that two of the provided op�ons would need to contemplate related parking requirements, while the op�on to include tatoo parlors as a personal improvement service would include exis�ng parking regula�ons. Chairman Grund opened the floor for Public Comment and swore in those who intend to give tes�mony. Resident Steve Sabourin expressed support for allowing the tatoo parlor use as a permited use in Brookfield, does not have concerns with parking or excessive traffic genera�on and supports limi�ng the number of licenses in each zoning district. Resident Adrian Agresta expressed support for the Village Code to include tatoo parlor uses on and that this use is appropriate along Ogden Avenue. Mr. Agresta provided some insight into who tatoo parlor clientele might be and the poten�al economic benefits to the Village. Resident Ed Cote spoke, referencing a past Board mee�ng when he expressed support for this business use type and specifically supports the use by-right in the Sa-1, I-1, C-4 and C-1 zoning districts. Atorney Elizabeth Parish introduced herself and her client Rebecca Huston who has an interest in opening a tatoo parlor in the Village. Ms. Parish stated that they were available to answer any ques�ons about this type of business use or Ms. Huston’s experience opera�ng a tatoo parlor. Resident Paul Stepanovich expressed support for allowing tatoo parlor uses in Brookfield, indicated that ge�ng a tatoo is now a common prac�ce and that having this type of business use in Brookfield would be economically beneficial and fit a growing arts iden�ty of the community. Chairman Grund referenced the tatoo ar�st who was present at the public hearing and although she is not the pe��oner in this case, he asked if anyone had ques�ons for her. There were none. Chairman Grund asked for a mo�on to close the public hearing for Case 22-08. Commissioner Svoboda moved to close the public hearing. The mo�on was seconded by Commissioner Straka. AYES: Evans, Miller, Benjamin, Svoboda, Straka, Weber, Grund. NAYS: None Mo�on Passed 7-0. Commissioner delibera�on begins. 2 Planning and Zoning Commission Record of Minutes – Meeting Date: October 27, 2022 Page 5 of 10  Commissioners expressed support and spoke in favor of adding the tatoo parlor use to the “Personal Improvement Service” use category and the related zoning districts where this use would be allowed by right. There was some discussion around buffer zones for this type of use and limi�ng the number of licenses but there was no consensus or commitment to this. Chairman Grund entertained a mo�on to recommend approval of the proposed text amendment “Op�on 3” (add tatoo parlor defini�on to §62-2 of the Village Code and add “tatoo parlors” to the text of §62-25 Commercial use category (d)(4) Personal improvement service which makes tatoo parlors a permited use in the C-1, C-3, C-4, C-5, I-1, SA-1, SA-2, SA-3 and SA-4 zoning districts) for Case 22-08 in favor. Commissioner Straka so moved. The mo�on was seconded by Commissioner Miller. AYES: Evans, Miller, Benjamin, Svoboda, Straka, Weber, Grund. NAYS: None Mo�on Passed 7-0. Case No. 22-09 Public Hearing for a request for a Special Use Permit to operate a daycare at 9046 W 31st Street and a request for Variances from the Village Code Off-Street Parking and Loading requirements related to the proposed use. Village Planner Kate Por�llo presents the case and the staff report. Ms. Por�llo noted that the parking variance being requested is a reduc�on from the required 20 parking spaces to 13 parking spaces. Ms. Por�llo also reviewed the special use standards which are outlined in the code and noted that the pe��oner provided a Traffic Memo from a Transporta�on and Parking Planning Consultant firm related to the poten�al impact of the use. Commissioners asked if the right of way parking on Park Avenue that runs along the west side of the building is public and if so, what the �me limit is. Village Planner Por�llo confirmed that it is one-hour public parking. Chairman Grund opened the floor for Public Comment and swore in those who intend to give tes�mony. The pe��oner was instructed to go first. Pe��oner Pawel Czauderna presented the proposed business plan proposed floor plan, parking lot plan and proposed traffic circula�on to operate a daycare at the site located at 9046 W 31st Street. Mr. Czauderna discussed the parking requirement for the property, which includes required off-street parking for the three residen�al units located on the 2nd floor of the building. Mr. Czauderna presented the �meframes for drop-off and pick-up and indicated all of this would take place from the doors at the rear of the property which are accessed from the parking lot. Commissioners asked for clarifica�on on the daycare capacity, if there will be designated pick- up/drop-off spots, if the parking lot traffic flow has been analyzed, how and when loading would occur, how the pe��oner plans to regulate the drop-off and pick-up in the rear, how the second floor residents will be guaranteed their parking spots, if there were any reason patrons couldn’t use the public parking along Park Avenue, and if the Village had any concern with patrons parking on Park Avenue. Chairman Grund opened the floor for other public comment. 3 Planning and Zoning Commission Record of Minutes – Meeting Date: October 27, 2022 Page 6 of 10  Business owner Paul Jones spoke about the public parking on Park Avenue and how it is currently u�lized. Mr. Jones explained his observa�ons of traffic conflict through the residen�al streets to the north of 31st as well as illegal parking on the private property of FJS Automo�ve. Mr. Jones stated his biggest concern is the proposed parking for the daycare seems inadequate. Resident Megan Larson expressed significant concern about exis�ng traffic conflict, vehicle safety, and pedestrian safety. Ms. Larson appreciates the business interest and dislikes vacant buildings but is not certain this is a viable loca�on for a daycare. Resident Larry Fiket stated his own experience nearly ge�ng into accidents on 31st Street. Business owner Elizabeth Angel explained that she does not feel the 9046 W 31st Street is the appropriate loca�on for a daycare based on traffic, limited parking, proximity to a liquor store and road condi�ons in the winter and she is very concerned. Resident Chris�na Librizzi stated that she observes vehicles exceeding the posted speed limits on the residen�al streets that intersect 31st Street. She is a small business owner and appreciates the interest in opening a business at this loca�on but has serious concerns about drivers in the area, available parking, and her own ability to park in the lot because she lives in a residen�al unit above the commercial space. Business owner Miquel Campos stated that he doesn’t support parking variances for the proposed use because parking is already a serious issue in the immediate area, even to the degree that he frequently contacts the Police Department. Resident Mario Librizzi expressed agreement that traffic and parking are con�nued concerns that would increase with a daycare business, feels the parking lot is too small, one ingress/egress is a problem and asked about the maintenance plan for the lot. Resident Steve Sabourin inquired about the age range expected at the daycare and whether the proposed playground was of a sufficient size and what impact the playground might have for the tenants of the residen�al units. Resident Aaron Europe brought up the alley traffic conges�on and safety. Resident Daphne Callen referenced the required parking for the residen�al tenants and indicated that the reserved parking is o�en occupied by outside par�es and the on-site dumpster is also used by outside par�es. Business employee Sue Jones asks about the proposed rear drop off and whether the drive aisle width is sufficient for a vehicle to turn around if all spaces are occupied. Village Planner Kate Por�llo read a public comment leter from residents Lorin and Dan Baker into the record. Pe��oner Pawel Czauderna responded to public comments. He clarified that the request is a daycare as opposed to a school. Mr. Czauderna also pointed out that the public parking along Park Avenue is public and it may be shared by all public. Mr. Czauderna also men�oned that all 4 Planning and Zoning Commission Record of Minutes – Meeting Date: October 27, 2022 Page 7 of 10  six employees may not be working at the same �me, and that the inten�on would be to u�lize Candy Cane Park as a supplemental play loca�on. Business employee Sue Jones restated her ques�on about drive aisle width. The provided exhibit shows the drive aisle to be 19 feet. Chairman Grund made a mo�on to close the public hearing for Case 22-09. Commissioner Benjamin moved to close the public hearing. The mo�on was seconded by Commissioner Miller. AYES: Evans, Miller, Benjamin, Svoboda, Straka, Weber, Grund. NAYS: None Mo�on Passed 7-0. Commissioner delibera�on begins. Commissioners provided feedback including concerns that the drawings are crude, that the proposed parking is insufficient, that the proposed 19-foot drive aisle does not meet technical standards, that there is presently an egress that the proposed parking would terminate, and that the pe��on request does not appear to meet the standards of a special use with this request to reduce parking by about 1/3 of the required amount. Chairman Grund made a mo�on to recommend approval of Case 22-09 a request for a Special Use Permit to operate a daycare at 9046 W 31st Street and a request for Variances from the Village Code Off-Street Parking and Loading requirements related to the proposed use. Commissioner Svoboda so moved and the mo�on was seconded by Commissioner Evans. AYES: None NAYS: Evans, Miller, Benjamin, Svoboda, Straka, Weber, Grund. Chairman Grund and Community Development Director Emily Egan provided that the next mee�ng the case would advance to would be November 14, 2022, at the Commitee of the Whole. VI. Other Business Community Development Director Emily Egan shared that the Economic Development Commission heard their first Property Improvement Grant applica�on from Montessori Children’s Community located at 3424 Maple Avenue and that be on the November 14, 2022, Village Board mee�ng agenda. Director Egan also indicated that she relayed the Diversity, Equity, and Inclusion comments from the Planning and Zoning Commission to the Economic Development Commission and they agreed with that feedback. Director Egan also provided an update on the regional Des Plaines River Trail South Extension project and provided a brief review of the project scope, commen�ng that she will share the power point with the Commission. Village Planner Kate Por�llo provided the next Planning and Zoning Commission mee�ng date and commented that all Commissioner are now ac�vely using their Village email accounts. VII. Adjournment 5 Planning and Zoning Commission Record of Minutes – Meeting Date: October 27, 2022 Page 8 of 10  Chairman Grund asked if there was a mo�on to adjourn the mee�ng. Commissioner Straka so moved. Commissioner Miller seconded the mo�on. AYES: Evans, Miller, Benjamin, Svoboda, Straka, Weber, Grund NAYS: None ABSTAIN: None Mo�on Passed 7-0. The mee�ng adjourned at 8:42 PM. 6 Planning and Zoning Commission Record of Minutes – Meeting Date: October 27, 2022 Page 9 of 10  Zoning Map for the Village of Brookfield, IL This serves as the official zoning map for the Village of Brookfield, IL. Approved by the Brookfield Village Board 26TH ST on the 28th day of March 2022. FO ____________________ RE 26TH PL ST AVE Village President VIEW 1S T 27TH ST AV E Attest 28TH ST ____________________ 29TH ST Village Clerk GOLF VIEW RD BART LETT AVE Published on the 28th day of March 2022. 30TH ST In pamphlet form by authority of the President ROACH AVE and Village Board, and as subsequently revised. W 31ST ST GARFIELD AVE PARK AVE VERNON AVE SUNNYSIDE AVE LEXINGTON AVE JACKSON AVE OAK AVE HENRIETTA AVE HOLLYW OOD AV ROCKEF ELLER AVE MONROE AVE GOLF RD G R AN MCCORMICK AVE D JEFFE RSON AVE BL PRAIRIE AVE CLEVE LAND AVE MADIS ON AVE VD AV E E WASHINGTO N AVE AY W HARRISON AVE AD O A V ROSE M E R A E BR PARKVIE W AVE ARDE N AVE LINCOLN AVE SHERM AN AVE MORTON AVE GRANT AVE W O O D S ID E AV E AV E SHERIDAN AVE AV E IE LD S ID E OK F RIV E R B RO MAPLE AVE FAIRV IEW AVE AV E SOUTHVIEW AVE TON L ING BUR GROVE AVE Zoning Legend WINDE MERE AVE A-1: Single-Family Residence District A-2: Single-Family Residence District OGDEN AVE A-3: Single-Family Residence District A: Single-Family Residence District B-1: Multiple-Family Residence District EAST AVE B: Multiple-Family Residence District ROCHESTER AVE C-1: General Service District CUSTE R AVE C-3: Centralized Commercial District FORES T AVE ARTHUR AVE RAYMOND AVE SHIELDS AVE C-4: Local Retail District DEYO AVE C-5: Restricted Local Retail District DU BOIS BLVD BLANCHAN AVE I-1: General Light Industrial District CONGRES S PARK AVE I-2: Restricted Light Industrial District 44TH PL S-1: General Open Space District ELM AVE S-2: Restricted Planned Open Space District GERRIT SEN AVE D 45TH PL R SA 1: Core Mixed-Use E LD FI AI N SA 2: Neighborhood Mixed-Use PL SAHLER AVE SA 3: Corridor Mixed Use SA 4a: General Mix SA 4b: General Mix with Reduced Height W 47TH ST ¯ SA 5: Residential Mix 0 0.25 0.5 Miles Page 10 of 10 SA 6: Residential Multi-Unit 3/1/2022