===== PDF PAGE 4 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY {TEM TITLE: AGENDA ITEM NUMBER: eA Text Amendment, App. A. Art. VI, Sec. 6.27 (Outside Vending-Continuous) FILE NUMBER: COMMITTEE AGENDA DATE: July 12, 2021 Ordinance No. 21-0-0018 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ITEM SUMMARY: A local religious organization contacted the City to seek a Zoning Ordinance Text Amendment to allow them to fulfill their mission of providing nutritious foods, focusing on people who live in “food deserts”, and delivering healthy foods to those who find it otherwise challenging to shop at a grocery store. Staff supports the initiative, as the City’s current Zoning Ordinance deals only with for-profit food trucks and limits their services to single properties inside the M-1 Manufacturing District. Staff's draft differentiates the proposed use from traditional food truck vendors. The proposal limits the activity to charitable organizations and religious institutions. These organizations must provide the City with proof of their not-for-profit status and provide a statement indicating that supplying nutritious foods to those unable to obtain them easily is part of their mission. These vehicles would be able to provide food and services in residential districts and elsewhere as may be predetermined. At their July 7 meeting, members of the Plan Commission voted unanimously in support of the Text Amendment. ACTION PROPOSED: Discuss and recommend approval of the Zoning Ordinance Text Amendment to Sec. 6.27. COMMITTEE RECOMMENDATION: Pe: Red-lined version of the text amendment Draft Ordinance & PC Report ===== PDF PAGE 5 ===== [Extraction: OCR (rendered-page OCR)] Proposed Text Amendments to Appendix A (Zoning Code) of the Code of Ordinances of the City of West Chicago Outside Vending-Continuous Underline = New Text; Strikethrough = Deleted Text Amendment to Section 6.27 (Outside Vending-Continuous) of Article VI (Zoning Districts Generally), of Appendix A, of the Code of Ordinances of the City of West Chicago to add the following: 6.27. - Outside vending —Continuous. (A) Permanently enclosed outside sales. Home improvement and grocery stores are allowed an enclosed and unroofed area attached to the store for permanent display of landscaping materials, etc. Such area shall comply with all building setbacks and shall be enclosed by a fence of a height not exceeding twenty-five (25) feet. Materials stored within the outside sales area shall not be stacked higher than the screening fence. (B) Mobile outside vendors. Any person selling or offering for sale merchandise or services from a vehicle or otherwise, upon private property. Such activity shall be permitted in the M district only. Mobile outside vendors shall include pushcart vendors and mobile food wagons. Such uses shall be permitted if they serve only the business on the property; those offering goods for sale to the general public are prohibited. (C) Not-For-Profit Mobile Food Vehicles. Mobile food vehicles operated by a not-for- profit charitable organization or religious institution for the sole purpose of providing essential food items to individuals as part of the purpose or mission of said not-for- profit charitable organization or religious institution shall_be_permitted_in every zoning district. Prior to commencement of operations of the mobile food vehicle, the charitable organization or religious institution shall submit to the City a current certificate from the Illinois Secretary of State indicating the organization or institution complies with the provisions of the General Not-For-Profit Corporation Act. Documentation indicating that providing essential food products to individuals is part_of the purpose or mission of the organization or institution shall _also_be submitted to the City. €© (D) Fund-raising. Organizations may conduct fund-raising activities on private property with the permission of both the business owner and property owner on whose lot the activity is to take place. Such activities shall last no longer than seventy-two (72) continuous hours. B) (E) Sidewalk display. Home improvement and grocery stores of twenty thousand (20,000) square feet or larger may place items for sale on the front sidewalk. Such display may be permanent. However, the materials shall be arranged so that a minimum of a four-foot wide walkway is preserved; pedestrian and vehicle traffic shall not be hindered in any manner. The area utilized for such display shall not be wider than fifty (50) percent of the width of the building front. Signage shall be debited from the business's overall allowable wall signage. €} (F) Automobile service station display. Gas stations may continuously display merchandise outside of the building, provided such display area is located along the building front or ===== PDF PAGE 6 ===== [Extraction: OCR (rendered-page OCR)] within a row of pumps. Items placed along the building front shall be stacked below the window, and items placed within a row of pumps shall be stacked no higher than six (6) feet. Such display shall not interfere with vehicle traffic. Signage shall be debited from the business's overall allowable wall signage. ===== PDF PAGE 7 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 21-0-0018 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO - APPENDIX A ARTICLE VI OF THE ZONING CODE RELATING TO NOT-FOR-PROFIT MOBILE FOOD VEHICLES WHEREAS, Mobile Food Vendors, also known as “Food Trucks”, are only permitted in very limited circumstances within the City; and WHEREAS, Section 6.27 of the Zoning Code, which regulates outside vending uses, al- lows food trucks in the M Manufacturing District only and the food truck may only serve em- ployees on the property where the food truck is parked; and WHEREAS, Food Trucks in any other scenario are prohibited by the Zoning Code; and WHEREAS, the City understands that local not-for-profit religious groups and charitable organizations are interested using a Food Truck to provide essential healthy food products, such as fruits and vegetables, to various parts of the community that could be considered “food de- serts”; and WHEREAS, these areas may be difficult for residents to afford or access healthy food from a grocery store; and WHEREAS, the purpose of this service, and others like it, is to bring necessary healthy foods directly to a neighborhood for residents who would otherwise not be able to obtain healthy food; and WHEREAS, the City Council believes it is in the best interest of the City to amend the regulations of Mobile Outside Food Vendors to allow this type of charitable service; and WHEREAS, Notice of Public Hearing on said text amendment was published in the Dai- ly Herald on or about June 21, 2021, as required by the ordinances of the City of West Chicago and the statutes of the State of Illinois; and WHEREAS, a Public Hearing was conducted by the Plan Commission/Zoning Board of Appeals of the City of West Chicago on July 7, 2021 pursuant to said Notice; and WHEREAS, at the Public Hearing all interested parties had an opportunity to be heard; and WHEREAS, the corporate authorities of the City of West Chicago have received the recommendation of the Plan Commission/Zoning Board of Appeals which contains specific findings of fact, pursuant to Recommendation No. 21-RC-0008, a copy of which is attached hereto as Exhibit “A” which is, by this reference, made a part hereof. Ordinance 21-O0-0018 Page 1 of 4 ===== PDF PAGE 8 ===== [Extraction: OCR (rendered-page OCR)] NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chi- cago, Du Page County, Illinois, in regular session assembled, as follows: Section 1. That Section 6.27 (Outside Vending-Continuous) of Article VI (Zoning Districts Generally), of Appendix A, of the Code of Ordinances of the City of West Chicago be amended as follows: (A) Permanently enclosed outside sales. Home improvement and grocery stores are allowed an enclosed and unroofed area attached to the store for permanent display of landscaping materials, etc. Such area shall comply with all building setbacks and shall be enclosed by a fence of a height not exceeding twenty-five (25) feet. Materials stored within the out- side sales area shall not be stacked higher than the screening fence. (B) Mobile outside vendors. Any person selling or offering for sale merchandise or services from a vehicle or otherwise, upon private property. Such activity shall be permitted in the M district only. Mobile outside vendors shall include pushcart vendors and mobile food wagons. Such uses shall be permitted if they serve only the business on the property; those offering goods for sale to the general public are prohibited. (C) Not-For-Profit Mobile Food Vehicles. Mobile food vehicles operated by_a_not-for- profit charitable organization or religious institution for the sole purpose of provid- ing essential food items to individuals as part of the purpose or mission of said not- for-profit charitable organization or religious institution shall be permitted in every zoning district. Prior to commencement of operations of the mobile food vehicle, the charitable organization or religious institution shall submit to the City a current certificate from the Illinois Secretary of State indicating the organization or institu- tion complies with the provisions of the General Not-For-Profit Corporation Act. Documentation indicating that providing essential food products to individuals is consistent with the purpose or mission of the organization or institution shall also be submitted to the City. (€) (D) Fund-raising. Organizations may conduct fund-raising activities on private property with the permission of both the business owner and property owner on whose lot the activity is to take place. Such activities shall last no longer than seventy-two (72) continuous hours. €®) (E) Sidewalk display. Home improvement and grocery stores of twenty thousand (20,000) &) (F) square feet or larger may place items for sale on the front sidewalk. Such display may be permanent. However, the materials shall be arranged so that a minimum of a four-foot wide walkway is preserved; pedestrian and vehicle traffic shall not be hindered in any manner. The area utilized for such display shall not be wider than fifty (50) percent of the width of the building front. Signage shall be debited from the business's overall allowable wall signage. Automobile service station display. Gas stations may continuously display merchandise outside of the building, provided such display area is located along the building front or within a row of pumps. Items placed along the building front shall be stacked below the window, and items placed within a row of pumps shall be stacked no higher than six (6) feet. Such display shall not interfere with vehicle traffic. Signage shall be debited from the business's overall allowable wall signage. Ordinance 21-O-0018 Page 2 of 4 ===== PDF PAGE 9 ===== [Extraction: OCR (rendered-page OCR)] Section 2. That all ordinances and resolutions, or parts thereof, in conflict with the pro- visions of this Ordinance are, to the extent of such conflict, expressly repealed. Section 3. That this Ordinance shall be in full force and effect after its passage, approval and publication in pamphlet form as provided by law. PASSED this day of , 2021. Alderman Beifuss Alderman Chassee Alderman Sheehan Alderman Brown Alderman Hallett Pee Alderman Dettman Alderman Birch-Ferguson Alderman Dimas Alderman Swiatek Alderman Garling Alderman Stout Alderman Short _ Alderman Jakabcsin Alderman Morano APPROVED as to form: City Attorney APPROVED THIS day of , 2021. Mayor Ruben Pineda - ATTEST: City Clerk Nancy M. Smith PUBLISHED: Ordinance 21-O0-0018 Page 3 of 4 ===== PDF PAGE 10 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” RECOMMENDATION # 21-RC-0008 TO: The Honorable Mayor and City Council SUBJECT: PC 21-09 Zoning Text Amendment for Not-For-Profit Mobile Food Vehicles. DATE: July 7, 2021 DECISION: The motion to approve the amendment was approved by a vote of four (4) “yes” and zero (0) “no”. RECOMMENDATION: After a review of the proposed text amendment as presented, the Plan Commission/Zoning Board of Appeals finds that the proposed amendment does not pose a threat to the health, safety and welfare of the community. It is the Commission’s opinion that the proposed amendment will be beneficial to the City of West Chicago. The amendment is in keeping with the purpose of the Zoning Code. The Plan Commission is of the opinion that this proposed amendment will protect, promote, and improve the public health, safety, morals, convenience, order, appearance, prosperity and the general welfare of the citizens of West Chicago community. Respectfully submitted, Barbara Laimins Chairperson VOTE: For Against Abstain Absent Laimins Henkin Hale Kasprak Billingsley Devitt Banasiak Ordinance 21-O0-0018 Page 4 of 4