Planning and Zoning Commission

Meeting Agenda CITY OF GENEVA PLAN COMMISSION AUGUST 13, 2015 MEETING #1157 Location 1. Call to Order City Hall 2. Roll Call Council Chambers 109 James Street 3. Approval of Minutes: June 25, 2015 & July 9, 2015 Geneva, IL 60134 4. Public Hearing: Time A. Zoning Ordinance Text Amendment –Request to amend Section 11-2-2 (Definition of Words and Terms) related to 7:00 p.m. the definition of the term “Garage Sale” and Section 11-3-8 (Temporary Uses and Events) related to the regulation of Commissioners garage sales. Dave Rogers, Chairman Applicant: City of Geneva John Mead 5. Public Comment Fred Case Mike Dziadus 6. Other Business Joel Erickson 7. Adjournment Mim Evans Cindy Leidig Scott Stocking Ron Stevenson Staff Liaison Paul Evans City Planner Phone: (630) 845-9654 Email: pevans@geneva.il.us This Plan Commission meeting is being audio tape recorded, transcribed by a court reporter PROCEDURE FOR PUBLIC HEARINGS and/or summary minutes are being taken by a recording secretary. The City of Geneva complies with the requirements of the Americans with Disabilities Act of 1990. Individuals Itwith is disabilities the Planwho Commission’s jobmeeting plan to attend this to conduct public who require hearings ininorder accommodations order to allow them to observe and/or participate in this meeting are requested to contact the Planning Division at 630-232-0818 at least 48 hours in advance of the meeting to allow the City of Geneva to make reasonable accommodations for those persons.  Plan Commission Agenda Page 2 of 2 August 13, 2015 PROCEDURE FOR PUBLIC HEARINGS It is the Plan Commission’s job to conduct public hearings in order to receive testimony for and against petitions for general amendments to the zoning ordinance, zoning map amendments, zoning text amendments, special use permits and amendments to special use permits. The procedure followed for public hearings is as follows: • First, the Plan Commission secretary or the designated representative will read or describe written items, reports, and plans into the record. • Second, the petitioner will present testimony in favor of the petition and will present any supporting plans or exhibits. • Third, the Commission members will have an opportunity to question the petitioner. • Fourth, the Commission will then receive citizen testimony both for and against the petition. Questions about the proposal may be directed to the petitioner or petitioner’s witnesses and questions about the Plan Commission process itself may be directed to me. Following such testimony the petitioner and the Plan Commission may ask questions of those who testified. • Finally, the petitioner may provide a rebuttal to any testimony in opposition. When all the testimony is brought into the record the hearing will be closed and the Plan Commission will make a recommendation to the City Council in the form of a motion or motions. • In order to give testimony, you must provide your name and address on the registration sheet located at the entrance of the hearing room and sign in the space provided. By signing the registration sheet, you agree and understand that anything you say will be considered sworn testimony and affirm to tell the truth, the whole truth and nothing but the truth. • When giving testimony please approach the lectern, speak directly into the microphone so that you may be heard. Please begin by stating your name and giving your address. If you speak additional times, please state your name each time for the record. • Please be concise when presenting your testimony and if your point has already been made, it is not necessary to repeat it. Each of these points is recorded and will be considered as the Plan Commission develops findings of fact and a recommendation or recommendations. • You may provide your testimony in written form, but such written testimony must be presented to the Plan Commission secretary or the designated representative prior to the closing of this hearing. • After the process is completed and everyone wishing to present testimony has spoken, the Commission will then decide whether it has heard adequate testimony in order to make a decision. If it has, the public hearing will be closed. After a public hearing is closed the Plan Commission will refrain from receiving any additional testimony either for or against the petition. There is one exception to this rule. • City staff will submit a report based on the testimony presented at the hearing. This report will consider comments or concerns from all City Departments such as the Fire Department, Public Works Department or the Engineering Department.  PLAN COMMISSION MINUTES City of Geneva 109 James Street - City Council Chambers Meeting #1155– June 25, 2015 Chairman Rogers called the Plan Commission meeting to order at 7:02 p.m. Roll call followed: Present: Commissioners Case, Evans, Mead, Stocking, Erickson, Dziadus, Stevenson, Chairman Rogers Absent: Commissioner Leidig Others Present: City Planner Paul Evans; Community Development Director David DeGroot, Planet Depos Court Reporter Glenn Sonntag Public Present: Steven Kolber, 878 Davis, Evanston; Karim Khoja, 790 West Frontage Road, Northfield; Ben and Rebecca Carter, 2336 Danbury Court, Geneva; Patricia Cameron, 428 South St., Geneva; Julius Spognardi, 2332 Danbury Court, Geneva; Jim Knight, 322 S. Cambridge Dr, Geneva; Steve Lanci, 314 S. Cambridge Dr., Geneva; Dan Brinkman, 625 Forest Edge Drive, Vernon Hills ________________________________________________________________________________ Approval of the May 28, 2015 Meeting Minutes Motion by Commissioner Case, seconded by Commissioner Mead, to approve the May 28, 2015 meeting minutes. Motion carried unanimously by voice vote of 8-0. Public Hearing Chairman Rogers announced the agenda item. 4.A. Amendment to the Pepper Valley Planned Unit Development to allow sit-down/drive- through restaurants as a Special Use and a Special Use to allow a Dunkin Donuts sit-down- drive-through restaurant. Location: 2401 Kaneville Road, Unit 12; Applicant: Dunkin Donuts. [See Transcript from Planet Depos] Motion by Commissioner Mead, seconded by Commissioner Evans, to close the public hearing at 8:10 pm. Roll call: Aye: Case, Evans, Mead, Stocking, Rogers, Stevenson, Erickson, Dziadus Nay: None MOTION PASSED. VOTE: 8-0 Discussion by the Plan Commission focused on what impact the proposed Dunkin Donuts will have on the traffic flow on Kaneville and the ability to turn left on Kaneville Road from Cambridge Drive and also the disruption that will occur during the evening drive-through hours. The Commission discussed and proposed a 90-day evaluation period by staff to see how the drive-through and traffic are impacted once Dunkin Donuts is open and if any other changes are warranted. Motion by Commissioner Mead, seconded by Commissioner Evans, to waive the bifurcated process and vote on the petition. Motion carried by voice vote of 8-0. Geneva Plan Commission -2- June 25, 2015 Motion by Commissioner Mead, seconded by Commissioner Stocking to approve an amendment to the Pepper Valley Planned Unit Development to allow sit-down/drive-through restaurants as a Special Use and a Special Use to allow a Dunkin Donuts sit-down-drive- through restaurant with the relief listed in the Staff Report and Ordinance conditions as amended below: 1. The asphalt path located on the east side of the commercial center shall be reconstructed the next time the parking lot is sealed or the path shall be removed and replaced with landscaping. 2. The order box volume must not be audible at the property line so the adjacent residences are not disturbed. 3. The drive-through hours shall be restricted to opening no earlier than 4 am and closing no later than 11 pm 4. When the drive-through is closed the directional signage lighting shall be turned off and a sign shall be prominently displayed on the order box indicating the drive-through is closed but the store is still open. 5. Deliveries shall be restricted to the front door only when the drive-through is closed during the hours of 11 pm to 4 am. 6. If the Community Development Director, in consultation with the Director of Public Works and Chief of Police, determines that the proposed site signage is ineffective at restricting left turns to and from the main development entrance on Kaneville Road, a “pork chop” island shall be provided to restrict the access to right in/right out only. 7. The applicant shall reimburse the City for the cost of installing a “Do Not Block The Intersection” sign installed on the north side of Kaneville Road. 8. Staff will evaluate the drive-through hours over a 90 day period from opening and report back to the Plan Commission how the drive-through hours are working and if any changes are recommended. Roll call: Aye: Case, Evans, Mead, Stevenson, Erickson, Dziadus Nay: Stocking, Rogers MOTION PASSED. VOTE: 6-2 4.B. A Comprehensive Plan amendment to 1) change the future land use designation from Single-Family Attached/Row House and Single-Family Residential to Parking; 2) a Zoning Map Amendment to change the zoning from R1 Low Density Single-Family Residential and R3 Medium to High Density Single-Family Residential District to B3 Business District; and 3) a Special Use for Preliminary/Final Planned Unit Development approval for the construction of a public parking lot as a principle use. Location: SW corner of South 4th Street and Crescent Place; Applicant: City of Geneva. [See Transcript from Planet Depos] Motion by Commissioner Mead, seconded by Commissioner Evans, to close the public hearing at 8:30 pm. Roll call: Aye: Case, Evans, Mead, Stocking, Rogers, Stevenson, Erickson, Dziadus Nay: None MOTION PASSED. VOTE: 8-0 Geneva Plan Commission -3- June 25, 2015 Motion by Commissioner Mead, seconded by Commissioner Evans, to waive the bifurcated process and vote on the petition. Motion carried by voice vote of 8-0. Motion by Commissioner Mead, seconded by Commissioner Stocking to approve a Comprehensive Plan amendment to 1) change the future land use designation from Single- Family Attached/Row House and Single-Family Residential to Parking; 2) a Zoning Map Amendment to change the zoning from R1 Low Density Single-Family Residential and R3 Medium to High Density Single-Family Residential District to B3 Business District; and 3) a Special Use for Preliminary/Final Planned Unit Development approval for the construction of a public parking lot as a principle use with the conditions and relief cited in the Staff Report. Roll call: Aye: Evans, Mead, Rogers, Stevenson, Erickson, Dziadus, Stocking, Nay: Case MOTION PASSED. VOTE: 7-1 5. Concept Review: A. Conceptual Review of a contemplated amendment to the Geneva Commons Planned Unit Development to retrofit/remodel the existing bell tower to add 3 LED message centers, 1 illuminated sign cabinet, and 4 internally illuminated signs and logos. Location: Geneva Commons Shopping Center Applicant: Mid-America Real Estate Michelle Panovich and Cathy Charhut of Mid-America introduced the proposed modifications to the Geneva Commons bell tower. The concept is to place 3-4 message centers on the bell tower, remodel the roof and add lighted identification signage and logos. The base of the bell tower is also proposed to be re-clad. The concept is to communicate with their customers about specials at the Commons to entice them to stay longer and spend more. If the businesses do well they will attract other tenants. This signage is for tenants of Geneva Commons only. No off-site signage and the message centers will not be visible from Randall Road. A similar concept has been done at Oakbrook Center. Ed Wasserman of Daktronics spoke about the message centers at Oakbrook Center and other venues they have done such as Wrigley Field. The proposed 14 foot screens are so movies can be shown. Most of the time, however, the message center will have ads featuring current tenants and possibly City events. The Plan Commission seemed generally receptive to the idea of the message center signage but suggested that the concept should be further refined to fit with the scale and design of the current bell tower. The applicants indicated this is just the beginning stages and they will refine the concept and send it back to staff. Public Comment – None Other Business Mr. Evans reported that at the July 9 meeting, Come Grow With Us preschool/daycare will request a special use to operate out of the former La Petite Academy building on Fargo Boulevard. Other upcoming cases also included: 7th and State development (Cetron) proposal for a 6,000 sq. foot retail component with its five-story residential building has made a second submittal that includes extending 7th Street north. Continuing, Mr. Evans reported that the Meadowbrook Manor has resubmitted their plans now that Meadowbrook and Delnor/Northwestern have worked out an Geneva Plan Commission -4- June 25, 2015 agreement regarding the full access for Meadowbrook on Delnor Drive. No report or update on Resurrection Cemetery. Planner Evans noted that they are still studying the idea of moving their entrance outside the IGA area. Planner Evans said that Madeline Roth has resubmitted her plat seeking to subdivide her property at 520 Ray Street in to 5 lots. Staff has also received a proposal to develop townhomes on a portion the Riverbank Labs property on Batavia Avenue. Planner Evans reported the City’s text amendment for signage was approved by the City Council while the text amendment for Area 1 was denied as recommended by the Plan Commission. Adjournment Meeting was adjourned at 9:20 p.m. on motion by Commissioner Mead and seconded by Commissioner Evans. Motion carried unanimously by voice vote of 8-0.  PLAN COMMISSION MINUTES City of Geneva 109 James Street - City Council Chambers Meeting #1156– July 9, 2015 Chairman Rogers called the Plan Commission meeting to order at 7:05 p.m. Roll call followed: Present: Commissioners Case, Leidig, Mead, Stocking, Chairman Rogers Absent: Commissioner Evans, Dziadus, Erickson, Stevenson Others Present: Community Development Planner Paul Evans; Planet Depos Court Reporter Glenn Sonntag and Recording Secretary Celeste Weilandt Public Present: Mr. Mir Sultan, 333 N. Meecham, Schaumburg, IL; Mr. George Havlicek, 1420 Sherwood Lane, Geneva; Atty. Richard Guerard, 3105 County Farm Road; Mr. Kevin Milord, 1341 South Street, Geneva _________________________________________________________________________________ Approval of the May 28, 2015 Meeting Minutes – Deferred to the August meeting. Public Hearing Chairman Rogers read the protocol for the public hearing portion of the meeting and swore in those individuals who would be speaking on the following petitions. 4.A. A Special Use in the OR Office Research District to allow a Preschool/Daycare Center at 2423 Fargo Boulevard. Location: 2423 Fargo Blvd.; Applicant: Lubina Sultana; Come Grow with Us. Contents of the applicant’s file were read into the record by city planner Paul Evans. [See Transcript from Planet Depos Court Reporting Service] Motion by Commissioner Mead, seconded by Commissioner Leidig to close the public hearing. Motion carried by voice vote of 5-0. Motion by Commissioner Mead, seconded by Leidig to waive the bifurcated process and vote on the case. Motion carried by voice vote of 5-0. Commissioner Mead moved to approve a special use in the OR Office Research District to allow a preschool/daycare center on the property located at 2423 Fargo Boulevard, subject to the findings of fact contained in staff’s report and the conditions listed on page 6 of staff’s report, limiting the number of employees of the daycare to 15 and the enrollment to 130. Seconded by Commissioner Leidig. Roll call: AYE: Case, Leidig, Mead, Stocking, Rogers NAY: None MOTION CARRIED. VOTE: 5-0 Concept Review 5.A. Contemplated petitions for a Zoning Map Amendment to rezone the property from the R1 Low Density Single-Family Residential District and OR Office Research District to the R2 Medium Density Single-Family Residential District and a preliminary/final plat of subdivision Geneva Plan Commission -2- July 9, 2015 for a 21-lot single-family subdivision. Location: Approx. 9 acres located on north side of South Street, just west of Western Avenue; Applicant: George Havlicek Petitioner, Mr. George Havlicek, 1420 Sherwood Lane, Geneva, Illinois stated that after hearing about the concerns voiced by the neighbors he revised his plan to reduce the number of lots from 25 to 21. Details of the revisions followed. Attorney Richard Guerard, 3105 County Farm Road, on behalf of the petitioner, explained that the detention to the north side of the property was designed to be both a buffer to the northern lots as well as to the northeast. He confirmed that Mr. Havlicek did meet with the neighbors and would try to preserve as many trees as possible along the tree line. Another buffer/detention area to the south was located on the overhead. Mr. Guerard reiterated that Mr. Havlicek was a local builder designing high-end homes and would continue to meet with the neighbors to make adjustments as needed. He asked if there was additional input from the commissioners. Mr. Havlicek clarified that his architect, Mr. Paul Lankenau, at the last meeting miscommunicated the size of the proposed homes. The correct proposal was for 2,000 to 2,500 square foot homes. Mr. Havlicek confirmed he was seeking straight R-2 zoning for the homes and asked if the lots located on Pankow and Rosenfeld could be included in his Phase 1 of 2 phases. However, he also added that if the city wanted the R1 zoning, he would keep it. Planner Mr. Evans clarified that the zoning for R-2 was met, but not quite for the R-1 zoning. Mr. Havlicek stated he would then go with the R-2 zoning. Commissioner Mead inquired about the lot widths on Rosenfeld wherein Mr. Havlicek explained that he worked on a number of plans for these lots and decided having three 100 foot-wide lots was better than four. Mr. Havlicek further summarized that a tree survey was done for the site which found that many box elders and choke cherries existed on the site; however, his goal was to keep as many trees as possible, especially the perimeter trees, and he would include some landscaping. Commissioner Mead expressed concern regarding the eastern-most entrance to the site, citing the petitioner appeared to be adding additional conflict where conflict currently existed. Commissioner Stocking concurred and Planner Evans offered to review the area again. Commissioner Mead suggested that Mr. Havlicek speak to the city about adding either a cul-de-sac, a right-in/right-out pork-chop or some other form of control for the intersection. As to the property located between lots 17 and 18, Mr. Havlicek stated he was in the process of purchasing Lot 17 and would be deeding back 10 feet of that property to the Milords, who would have access to Cooper Lane and not be landlocked. Commissioner Case inquired about the proposed homes for lots 3 and 4 which would be facing two different directions, to which Mr. Havlicek stated it was not as uncommon as one would think -- Lot 4 would be facing east and sharing its side yards with lots 3 and 4. Quite a bit of distance would existed between the two lots and the area would be wooded. Commissioner Case was pleased to see the two letters from the neighbors who favored the plan revisions. Commissioners, overall, supported the revised plan. Chairman Rogers opened up the meeting to the public. Mr. Kevin Milord, 1341 South Street, Geneva, confirmed his home’s location on the site plan and agreed that exiting left from the current driveway near the intersection of Western and South Street was a challenge. He liked the revised plans but asked the petitioner if the road could be a one-way, making it easier access into the site and then exiting further west. Mr. Milord then asked about the topography of the detention/drainage area near the yellow house, noting it appeared to have some natural sloping. Mr. Havlicek stated he could provide some contouring in the area. Mr. Milord favored the plan. Geneva Plan Commission -3- July 9, 2015 In closing, Mr. Havlicek said he would take into consideration the one-way street suggestion. Last comments to Mr. Havlicek included: 1) Chairman Rogers explaining that once Mr. Havlicek provides a formal application to the city and the public hearing is held, the commission will then provide a recommendation at that time; 2) Planner Evans asking for a formal tree survey; and 3) when considering a right-in/right-out pork chop, that its material be concrete and not striped. Public Comment – None Other Business –Planner Evans reported on the latest cases coming forward: a text amendment for garage sales and an application from Riverbank Labs. He stated many of the cases were working through the city’s process. Staff was also working on a text amendment for temporary outdoor sales and working through a number of issues with the land/cash contribution. The park district recently held a public meeting at Wheeler Park regarding a cell tower location behind the maintenance facility area. Planner Evans was not sure what type of structure was proposed, nor its height. Per questions, staff was in the process of reviewing plans for the 7th and State Street project and no further updates were received regarding the former Mill Race building. Additional updates followed regarding the Meadowbrook Manor project, the cemetery at Randall Road & Fabyan Pkwy., and the resubmitted Woodlands subdivision project (five lots). Lastly, dialog followed regarding a development for the former Geneva Greenhouse property located at Country Squire and Western Avenues. Adjournment Meeting was adjourned at 7:49 p.m. on motion by Commissioner Case, seconded by Commissioner Leidig. Motion carried unanimously by voice vote of 5-0. Community Development Department Report CITY OF GENEVA PLAN COMMISSION AGENDA ITEM 4A ZONING ORDINANCE AUGUST 13, 2015 TEXT AMENDMENTS GARAGE SALES Applicant City of Geneva BACKGROUND Request On June 29, 2015 the Committee of the Whole held a policy Zoning Ordinance Text discussion regarding the regulation of garage sales in the City of Amendments to Section 11-2- Geneva. The topic was brought forward for discussion because staff 2 (Definition of Words and and Aldermen received complaints of properties operating garage Terms) related to the sales on a routine basis and/or for prolonged periods of time. , The definition of the term “Garage Zoning Ordinance currently does not include a definition of garage Sale” and Section 11-3-8 sales, permit requirements for garage sales, or regulations for garage (Temporary Uses and Events) sales. Without established regulations or a clear definition of garage related to the regulation of sales, staff has limited ability to respond to complaints of perpetual garage sales. garage sales. Therefore, the Committee of the Whole directed staff to prepare Zoning Ordinance text amendments related to the Recommendation definition and regulation of garage sales. Approval of Zoning Ordinance Text Amendments to amend The Committee specifically requested that the amendments limit the Section 11-2-2 (Definition of duration of a single garage sale to a maximum of 3 days and that no Words and Terms) related to more than 3 garage sales be allowed per property in a calendar year. the definition of the term The Committee also recommended that the amendment does not “Garage Sale” and Section 11- include a permit requirement for garage sales. The Committee does 3-8 (Temporary Uses and not desire to make garage sales an overly burdensome process for Events) related to the residents but would like to establish parameters to ensure that regulation of garage sales, as garage sales are not a nuisance to surrounding properties, that presented herein. private businesses are not being conducted in residential neighborhoods, and that staff has the ability to respond to Staff Liaison complaints. Paul Evans City Planner REQUEST Phone: (630) 845-9654 Zoning Ordinance Text Amendment to amend Section 11-2-2 Email: pevans@geneva.il.us (Definition of Words and Terms) related to the definition of the term “Garage Sale” and Section 11-3-8 (Temporary Uses and Events) related to the regulation of garage sales), as presented herein.  Agenda Item 4A Page 2 of 3 Zoning Ordinance Text Amendment Garage Sales REVIEW COMMENTS Definition of Garage Sale Staff reviewed the Zoning Ordinances of surrounding communities and several others in the region to before drafting a definition for the term “garage sale”. Staff also reviewed how the term is defined in A Planner’s Dictionary, published by the American Planning Association, which provides multiple examples of how the term is defined from across the country. Although the definitions of “garage sale” differ from one place to another, the definition of garage sale always relates to a sale of personal property on a residential property to the general public. Therefore, staff is proposing to amend Section 11-2-2 (Definition of Words and Terms) of the Zoning Ordinance to include a definition for the term “garage sale” as follows: GARAGE SALE: All general sales, open to the public, conducted from or on property in a residential zoning district upon which a dwelling is located, for the purpose of selling personal property, including but not limited to all sales entitled “garage”, “lawn”, “yard”, “backyard”, “estate”, “attic”, “patio”, “porch”, or “rummage” sale. Garage Sale Regulations Staff also reviewed the Zoning Ordinances of surrounding communities and several others in the region before drafting proposed regulations for garage sales. Staff found that it is common for communities not to require a permit for garage sales but to establish regulations related to the duration and frequency of garage sales (typically 3 days at a time, 3 times per year), the placement of garage sale signs, and use of the public right-of-way to display merchandise. Therefore, staff is recommending to amend Section 11-3-8 (Temporary Uses and Events) of the Zoning Ordinance to add a Section on Garage Sales, as follows: A. GARAGE SALES: 1. A permit shall not be required for garage sales. 2. A garage sale shall be limited to no more than three (3) consecutive days. 3. No more than three (3) garage sales may take place on any one property in the same calendar year. 4. All items or merchandise shall be displayed on private property and shall not intrude onto adjacent property or into the public right-of-way. 5. Garage sale signs cannot exceed six (6) square feet in area and must be placed on private residential property. Such signs shall be limited to one (1) per lot. Garage sales may also be allowed Temporary Directional Signs in the public right-of-way as set forth in Section 11-12- 8. The regulations for Temporary Directional Signs in Section 11-12-8 of the Zoning Ordinance are as follows: 1. Signs shall provide directional messages for commercial or noncommercial events or activities at a specified address within the city limits.  Agenda Item 4A Page 3 of 3 Zoning Ordinance Text Amendment Garage Sales 2. Signs shall be permitted within the city's public right-of-way only. 3. Signs shall not exceed four (4) square feet in surface area per face and three (3) feet in overall height. A sign shall be limited to a maximum of two (2) sign faces. 4. Signs may be in place only on the days of the event or activity and only between the hours of 8:00 a.m. and 6:00 pm. 5. Signs shall be free standing, not attached to any utility pole or structure or any traffic control sign and be setback a minimum of five (5) feet from the curb or edge of pavement. 6. No attention attracting devices, including but not limited to, pennants, streamers, balloons, inflatable shapes, banners, flashing lights, or other illumination shall be attached to a direction sign or placed in the public right-of-way. 7. Each sign shall have attached an adhesive label or other means to identify the name, address and telephone number of the person responsible for the placement and removal of each sign. 8. No more than four (4) directional signs for each event or activity shall be placed in the public right-of-way. 9. No greater than three (3) feet in height shall be placed within any portion of the visibility triangle as defined by section 11-2-2. 10. If an owner of the lot adjacent to a right-of-way objects to the posting of a directional sign within the adjacent right-of-way, the sign shall not be posted or shall be immediately removed. 11. If a sign is removed by a city official it will be retained for a period of five (5) days and then destroyed. The owner of such sign may claim them at City Hall between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. RECOMMENDATION Staff recommends approval of Zoning Ordinance text amendments to amend Section 11-2-2 (Definition of Words and Terms) related to the definition of the term “Garage Sale” and Section 11-3-8 (Temporary Uses and Events) related to the regulation of garage sales, as presented herein. REVIEW/APPROVAL PROCESS: NEXT STEPS* 1. August 24, 2015 - Committee of the Whole review and recommendation to City Council 2. September 3, 2015 – City Council consideration of request  ORDINANCE 2015-?? AN ORDINANCE AMENDING TITLE 11 (ZONING ORDINANCE) OF THE GENEVA CITY CODE, SECTION 11-2-2 (DEFINITIONS OF WORDS AND TERMS), AND SECTION 11-3-8 (TEMPORARY USES AND EVENTS), ALL RELATED TO GARAGE SALES IN RESIDENTIAL ZONING DISTRICTS – CITY OF GENEVA WHEREAS, an application was duly filed on the 20th day of July 2015 with the Plan Commission of the City of Geneva requesting amendments to Title 11 of the Geneva City Code (hereinafter referred to as the Zoning Ordinance), Section 11-2-2 (Definitions of Words and Terms), and Section 11-3-8 (Temporary Uses and Events), all related to garage sales in residential zoning districts; and WHEREAS, the proposed amendments to the Zoning Ordinance are as follows: 1. To amend Section 11-2-2 (Definitions of Words and Terms) by adding the following terms and definitions: GARAGE SALE: All general sales, open to the public, conducted from or on property in a residential zoning district upon which a dwelling is located, for the purpose of selling personal property, including but not limited to all sales entitled “garage”, “lawn”, “yard”, “backyard”, “estate”, “attic”, “patio”, “porch”, or “rummage” sale. 2. To add the following language which substitutes in is entirety to Section 11-3-8 (Temporary Uses and Events): A. Garage Sales: 1. A permit shall not be required for garage sales. 2. A garage sale shall be limited to no more than three (3) consecutive days. 3. No more than three (3) garage sales may take place on any one property in the same calendar year. 4. All items or merchandise shall be displayed on private property and shall not intrude onto adjacent property or into the public right-of-way. 5. Garage sale signs cannot exceed six (6) square feet in area and must be placed on private residential property. Such signs shall be limited to one (1) per lot. Garage sales may also be allowed Temporary Directional Signs in the public right-of-way as set forth in Section 11-12-8. WHEREAS, a Notice of Public Hearing on the application was duly published on July 29, 2015 in the Daily Herald, a newspaper of general circulation in the City of Geneva, in the Ordinance 2015-?? Page 1 of 3 manner and form as provided for zoning text amendment requests under Title 11 of the Geneva City Code, as amended, and a public hearing was held by the Plan Commission on August 13, 2015 at the City Hall Council Chambers at 109 James Street, and at the meeting the Plan Commission recommended approval of the Zoning Ordinance Text Amendments to the City Council; and WHEREAS, the Committee of the Whole of the City Council conducted a review of the Plan Commission recommendation on August 24, 2015 and concurs with the recommendation of the Plan Commission; and WHEREAS, the City Council concurs with the recommendations of the Committee of the Whole and Plan Commission and finds that it is in the best interest of the City to amend the Zoning Ordinance as proposed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS THAT THE FOLLOWING SECTIONS OF THE GENEVA CITY CODE BE AMENDED AS FOLLOWS: SECTION 1: Title 11 of the Geneva City Code (Zoning Ordinance), Section 11-2-2 (Definitions of Words and Terms), and Section 11-3-3 (Accessory Buildings and Uses), is hereby amended as follows: 1. Section 11-2-2 (Definitions of Words and Terms) is amended by adding the following terms and definitions, inserted in alphabetical order: GARAGE SALE: All general sales, open to the public, conducted from or on property in a residential zoning district upon which a dwelling is located, for the purpose of selling personal property, including but not limited to all sales entitled “garage”, “lawn”, “yard”, “backyard”, “estate”, “attic”, “patio”, “porch”, or “rummage” sale. 2. To add the following language which substitutes in is entirety to Section 11-3-8 (Temporary Uses and Events): A. Garage Sales: 1. A permit shall not be required for garage sales. 2. A garage sale shall be limited to no more than three (3) consecutive days. 3. No more than three (3) garage sales may take place on any one property in the same calendar year. 4. All items or merchandise shall be displayed on private property and shall not intrude onto adjacent property or into the public right-of-way. Ordinance 2015-?? Page 2 of 3  5. Garage sale signs cannot exceed six (6) square feet in area and must be placed on private residential property. Such signs shall be limited to one (1) per lot. Garage sales may also be allowed Temporary Directional Signs in the public right-of-way as set forth in Section 11-12-8. SECTION 2: That Title 11 of the Geneva City Code, as heretofore and hereinabove amended, shall otherwise remain in full force and effect. SECTION 3: This ordinance shall become effective from and after its passage as in accordance with law. Consent is hereby given for publication of this ordinance in pamphlet form. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this 8th day of September 2015. AYES:______NAYS:______ABSENT:______ABSTAINING:_____HOLDING OFFICE:_____ APPROVED by me as Mayor of the City of Geneva, Kane County, Illinois, this 8th day of September 2015. ___________________________________________ Mayor ATTEST: ______________________________________ City Clerk Ordinance 2015-?? Page 3 of 3