CITY OF GENEVA PLAN COMMISSION

Transcription

1 Meeting Agenda CITY OF GENEVA PLAN COMMISSION NOVEMBER 16, 2016 MEETING #1174 Location City Hall Council Chambers 109 James Street Geneva, IL Time 7:00 p.m. Commissioners Scott Stocking, Chairman John Mead Fred Case Mike Dziadus Mim Evans Cindy Leidig Ron Stevenson Michael Slifka Bradley Kosirog 1. Call to Order 2. Roll Call 3. Approval of Minutes: October 13, Public Hearings: A. Text Amendment Cosmetic Tattooing The applicant is requesting text amendments to Section (Definition of Words and Terms) related to the definition of Cosmetic Tattooing and Sections 11-6B-2, 11-6C-2, 11-6D-2, 11-6E-2, 11-6F-2, 11-6G-2 and 11-7A-2 (Permitted Uses) to expand the list of permitted uses in the B1, B2, B3, B3E, B4, B5 Business Districts, and OR Office Research District to include Cosmetic Tattooing. Applicant: Kelly Hemmerich, Permanent Makeup by Kelly 5. Public Comment 6. Other Business 7. Adjournment Staff Liaison Paul Evans City Planner Phone: (630) This Plan Commission meeting is being audio tape recorded, transcribed by a court reporter 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 Individuals with disabilities who plan to attend this meeting who require accommodations in order to allow them to observe and/or participate in this meeting are requested to contact the Planning Division at at least 48 hours in advance of the meeting to allow the City of Geneva to make reasonable accommodations for those persons. PROCEDURE FOR PUBLIC HEARINGS

2 Plan Commission Agenda Page 2 of 2 November 16, 2016 PROCEDURES 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.

3 PLAN COMMISSION MINUTES City of Geneva 109 James Street - City Council Chambers October 13, 2016 Meeting #1173 Chairman Stocking called the meeting of the Plan Commission to order at 7:00 p.m. Roll call followed: Present: Commissioners Case, Dziadus, Evans, Kosirog, Mead, Slifka, Stevenson, Chairman Stocking Absent: Commissioner Leidig Others Present: Community Development Director David DeGroot; Alderman Bruno; Planet Depos Court Rptr. Paula Quetsch; Recording Secretary Celeste Weilandt Public Present: Bob Rasmussen, Midwest Custom Homes, 409 Illinois Avenue, St. Charles; Rick Dahl, Midwest Custom Homes, 2910 Glenbriar Dr., St. Charles; Mike Cramer, 227 S. Fifth Street; Karen Leone, 528 Campbell St., Geneva; David Warner, 402 Franklin St., Geneva; John Gerlach, 428 Franklin, Geneva; Liz Safanda, 1013 Dunstan, Geneva; Patricia and James MacLachlan, 318 S. Fifth St., Geneva; Richard Berger, 416 Franklin St., Geneva; Liz Haythorne, 207 Fifth Street, Geneva; Ms. D. DeWall, 315 S. Fifth Street, Geneva; Dave McFadden, 328 S. 6 th Street, Geneva; Sharon Jones, 521 Franklin, Geneva Chairman Stocking welcomed new commissioner Brad Kosirog. Approval of Minutes of September 22, 2016 Minutes of the September 22, 2016 meeting were approved on motion by Commissioner Case, seconded by Commissioner Mead. Motion carried by voice vote of case 8-0. Commissioners Kosirog and Dziadus confirmed with the chairman that they read the transcript in order to participate in tonight s public hearing. Public Hearing (previously opened) Chairman Stocking recalled this public hearing was continued from the previous meeting. He swore in those individuals who were not sworn in at the September 22, 2016 meeting but may want to speak tonight. Community Development Director DeGroot read into the record additional documents that were added to the Plan Commission file. A. Campbell Row Development The applicant is requesting the following approvals: [Continued from September 22, 2016]. 1. An amendment to the City s adopted Downtown Station-Area Master Plan to change the future land use designation for the subject property from Single-Family Residential to Single-Family Attached/Row House. 2. A Zoning Map Amendment to rezone the subject property from the B3 Business District to the R7 Multiple Family Residential District (Residential Area 2).

4 Geneva Plan Commission -2- October 13, Preliminary/Final Planned Unit Development Approval for the conversion of the existing building into a mixed-use building consisting of two apartments and 2,525 square feet of office space and the construction of a new 5-unit townhome building. Location: Southwest corner of Fourth Street and Campbell Street Applicant: Bob Rasmussen, Midwest Custom Homes [PLEASE SEE TRANSCRIPT OF PROCEEDINGS FROM PLANET DEPOS] [Handout by Mr. Michael Kramer Attached to minutes as Exhibit A. ] [Handout by Mr. John Gerlach Attached to minutes as Exhibit B. ] Motion by Commissioner Mead, seconded by Commissioner Case to close the public hearing. Roll call: Aye: Case, Dziadus, Evans, Kosirog, Mead, Slifka, Stevenson, Chairman Stocking Nay: None MOTION CARRIED. VOTE: 8-0 Motion by Commissioner Mead, seconded by Commissioner Evans to waive the bifurcated process and vote on the request. Roll call: Aye: Case, Dziadus, Evans, Kosirog, Mead, Slifka, Stevenson, Chairman Stocking Nay: None MOTION CARRIED. VOTE: 8-0 Motion by Commissioner Mead, seconded by Commissioner Evans to approve an amendment to the City s adopted Downtown Station-Area Master Plan to change the future land use designation for the subject property from Single-Family Residential to Single-Family Attached/Row House, subject to staff s findings of fact. Roll call: Aye: Case, Dziadus, Evans, Kosirog, Mead, Slifka, Stevenson, Chairman Stocking Nay: None MOTION CARRIED. VOTE: 8-0 Motion by Commissioner Mead, seconded by Commissioner Evans to approve a Zoning Map Amendment to rezone the subject property from the B3 Business District to the R7 Multiple Family Residential District (Residential Area 2), subject to staff s findings of fact and including the four (4) map standards. Roll call: Aye: Case, Dziadus, Evans, Kosirog, Mead, Slifka, Stevenson, Chairman Stocking Nay: None MOTION CARRIED. VOTE: 8-0 Motion by Commissioner Mead, seconded by Commissioner Evans to approve a Preliminary/Final Planned Unit Development Approval for the conversion of the existing building into a mixed-use building consisting of two apartments and 2,525 square feet of office space and the construction of a new 5-unit townhome building, subject to staff s findings of fact and the following six (6) conditions: 1. Final engineering shall be approved prior to building permit issuance by the City; 2. The applicant shall make a cash contribution to the Geneva Community School District 304 at the time of plat recordation in the amount of $7,435.02; 3. The applicant shall make a cash contribution to the Geneva Park District at the time of plat recordation in the amount of $26,332.90;

5 Geneva Plan Commission -3- October 13, The proposed list of permitted and special uses for the first floor of 402 W. Campbell Street shall be restricted to those uses identified in the General Office District; 5. The applicant shall develop Homeowner Association documents evidencing that the Homeowner s Association will maintain all private utility improvements on Outlot A; and 6. The applicant shall submit a photometric plan meeting the City lighting standards (Section 11-11A-3 A6) prior to building permit issuance. Aye: Case, Dziadus, Kosirog, Mead, Slifka, Stevenson, Chairman Stocking Nay: Evans MOTION CARRIED. VOTE: 7-1 Public Comment - None Other Business Director DeGroot provided an update on the following: 1) the original structure at the Mill Race has been exposed and the developer is evaluating whether it can be preserved or used into another structure; 2) the text amendment for the ice rinks was approved; 3) a new three-lot subdivision is being proposed at Kaneville/Burgess; and 4) an application was received for the expansion of Grahams 318. Commissioner Evans suggested that when an application has many historical questions it would be helpful to have the HPC preservation planner attend the meeting. Director DeGroot indicated Mr. Lambert works part-time, however, he said a case could be continued to see the planner s availability. DeGroot said he could also reach out to the HPC commissioners or chairperson to be present at future meetings. Commissioner Mead mentioned he saw lots for sale on South Street as it turns into River Lane, near the bike path and north of the railroad tracks. Updates also followed on the Geneva Meadows project (an open house for the neighbors was held at the Eagle Brook County Club); the Meadowbrook Manor project; and the Woodlands project at Ray Street and Route 31. Adjournment Meeting was adjourned at 9:12 p.m. on motion by Commissioner Evans, seconded by Commissioner Dziadus. Motion carried unanimously by voice vote of 8-0.

6 Community Development Department Report CITY OF GENEVA PLAN COMMISSION NOVEMBER 16, 2016 Applicant AGENDA ITEM 4A ZONING ORDINANCE TEXT AMENDMENTS COSMETIC TATTOOING Kelly Hemmerich, Permanent Makeup by Kelly Request Zoning Ordinance Text Amendments to Section (Definitions of Words and Terms) related to the definition of the term cosmetic tattooing and Sections 11-6B-2, 11-6C-2, 11-6D-2, 11-6E-2, 11-6F-2, 11-6G- 2 and 11-7A-2) to expand the list of permitted uses in the B1, B2, B3, B3E, B4, B5 Business Districts, and OR Office Research District to include Cosmetic Tattooing. Recommendation To amend Section (Definitions of Words and Terms) of the Zoning Ordinance as shown on Page 2, related to the definition of the term cosmetic tattooing and Sections 11-6B-2, 11-6C- 2, 11-6D-2, 11-6E-2, 11-6F-2, 11-6G-2 and 11-7A-2 as shown on pages 2-3. BACKGROUND Over the past several years, City staff have fielded calls from individuals desiring to perform cosmetic tattooing/permanent makeup in Geneva. Staff has considered the use of Cosmetic Tattooing to be accessory to a beauty parlor but now a business owner, Kelly Hemmerich of Permanent Makeup by Kelly, is seeking to perform cosmetic tattooing as the primary use. Staff is recommending a definition for cosmetic tattooing that would differentiate it from typical body art tattoos. Staff is also recommending that cosmetic tattooing be allowed as permitted use in the City s business and office districts. Cosmetic tattooing or permanent makeup is largely used by cancer survivors who have lost their hair to chemotherapy and other drug treatments or have skin deformities. Cosmetic tattooing simulates the appearance of common cosmetic applications for its clients such as eyeliner, lip liner, lip color and eyebrow enhancements to restore or improve the appearance of damaged or disfigured skin. REQUEST Zoning Ordinance Text Amendments to amend Section (Definition of Words and Terms) related to the definition of the term Cosmetic Tattooing and Sections 11-6B-2, 11-6C-2, 11-6D-2, 11-6E- 2, 11-6F-2, 11-6G-2 and 11-7A-2 to expand the list of permitted uses in the B1, B2, B3, B3E, B4, B5 Business Districts, and OR Office Research District to include Cosmetic Tattooing. REVIEW COMMENTS Staff submitted an inquiry to the Planning Advisory Service (PAS) provided by the American Planning Association regarding the definition of cosmetic tattooing. The response from PAS included several definitions for cosmetic tattooing. PAS also provided examples from across the country regarding the definition of tattoos or cosmetic tattooing. Most zoning ordinances seem to treat cosmetic tattooing as tattooing. Yet some ordinances

7 Page 2 of 3 Agenda Item 4A Zoning Ordinance Text Amendments Cosmetic Tattooing differentiate cosmetic tattooing from tattooing by defining the use as a common cosmetic application and not body art. Staff believes differentiating cosmetic tattooing from other ink tattoos is appropriate for this proposed use because cosmetic tattooing is more a medical procedure than body art. Staff also evaluated the compatibility of this use with other zoning districts and recommend that Cosmetic Tattooing be allowed as a permitted use in the B1, B2, B3, B3E, B4, and B5 Business Districts and OR Office Research District. These districts allow nail salons, massage therapy, and office uses as permitted uses, except in the B3 District which allows these uses above or below the ground floor as permitted uses. Therefore, staff recommends limiting cosmetic tattooing in the B3 District to above or below ground floor. Similarly, the parking requirements proposed for cosmetic tattooing are the same as hair salons, nail salons, and professional offices at 4 parking spaces per 1,000 square feet of gross floor area. Proposed Zoning Ordinance Text Amendment To define the term cosmetic tattooing Staff recommends an amendment to Section (Definition of Words and Terms) of the Geneva Zoning Ordinance to add the definition of the term Cosmetic Tattooing as shown below: COSMETIC TATTOOING: The practice commonly known as permanent makeup, in which micropigmentation or intradermal cosmetics are applied to semi-permanently or permanently simulate the appearance of common cosmetic applications such as eyelines, lip lines, eyebrow enhancements and beauty marks or to otherwise semi-permanently or permanently restore or improve the appearance of damaged or disfigured skin and outer bodily features to natural coloration and condition. Proposed Zoning Ordinance Text Amendment To add the term cosmetic tattooing as a permitted use to the following zoning districts: Sections 11-6B-2, 11-6C-2, 11-6D-2, 11-6E-2, 11-6F-2, 11-6G-2 and 11-7A-2 to expand the list of permitted uses in the B1, B2, B3, B3E, B4, B5 Business Districts, and OR Office Research District to include Cosmetic Tattooing. Proposed additions are shown in bold font. Staff recommends an amendment to Title 11 of the Geneva City Code (Zoning Ordinance), Section 11-6B-2 (Permitted Uses) in the B1 Business District is hereby amended by adding the following to the list of permitted uses (inserted in alphabetical order): Cosmetic Tattooing (09) Staff recommends an amendment to Title 11 of the Geneva City Code (Zoning Ordinance), Section 11-6C-2 (Permitted Uses) in the B2 Business District is hereby amended by adding the following to the list of permitted uses (inserted in alphabetical order): Cosmetic Tattooing (09) Staff recommends an amendment to Title 11 of the Geneva City Code (Zoning Ordinance), Section 11-6D-2 (Permitted Uses) in the B3 Business District is hereby amended by adding the following to the list of permitted uses (inserted in alphabetical order):

8 Page 3 of 3 Agenda Item 4A Zoning Ordinance Text Amendments Cosmetic Tattooing Cosmetic Tattooing (above or below ground floor only for those properties fronting on Third Street between Campbell and South Street) (09) Staff recommends an amendment to Title 11 of the Geneva City Code (Zoning Ordinance), Section 11-6E-2 (Permitted Uses) in the B3E Business District is hereby amended by adding the following to the list of permitted uses (inserted in alphabetical order): Cosmetic Tattooing (09) Staff recommends an amendment to Title 11 of the Geneva City Code (Zoning Ordinance), Section 11-6F-2 (Permitted Uses) in the B4 Business District is hereby amended by adding the following to the list of permitted uses (inserted in alphabetical order): Cosmetic Tattooing (09) Staff recommends an amendment to Title 11 of the Geneva City Code (Zoning Ordinance), Section 11-6G-2 (Permitted Uses) in the B5 Business District is hereby amended by adding the following to the list of permitted uses (inserted in alphabetical order): Cosmetic Tattooing (09) Staff recommends an amendment to Title 11 of the Geneva City Code (Zoning Ordinance), Section 11-7A-2 (Permitted Uses) in the OR Office Research District is hereby amended by adding the following to the list of permitted uses (inserted in alphabetical order): RECOMMENDATION Cosmetic Tattooing (09) Staff recommends approval of Zoning Ordinance text amendments to amend Section (Definition of Words and Terms) related to the definition of the term Cosmetic Tattooing and Sections 11-6B-2, 11-6C-2, 11-6D-2, 11-6E-2, 11-6F-2, 11-6G-2 and 11-7A-2 to expand the list of permitted uses in the B1, B2, B3, B3E, B4, B5 Business Districts, and OR Office Research District to include Cosmetic Tattooing, as presented herein. REVIEW/APPROVAL PROCESS: NEXT STEPS* 1. November 28, Committee of the Whole review and recommendation to City Council 2. December 5, 2016 City Council consideration of request *This timeline is provided for informational purposes only, exact dates are subject to change. ATTACHMENTS Sample Ordinances from Planning Advisory Service Application and Letters of Support

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