===== PDF PAGE 6 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 4.4. Zoning Text Amendment Daycare Facilities FILE NUMBER: Ordinance No. 24-0-0052 COMMITTEE AGENDA DATE: Dec. 9, 2024 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ITEM SUMMARY: Staff drafted an amendment to the Zoning Code to change the definition of a Day care center (Daycare Facility). The definition currently refers to the definition of a Nursery school, which is defined as “An establishment for the part-time care and/or instruction at any time of day of five (5) or more unrelated children of pre-elementary school age.” The current definition does not allow for anyone older than essentially 5 years of age to be placed within a Daycare Facility. This is not a practical definition and staff is of the opinion that no age limit should be placed on the definition of a Daycare Facility. All Daycare Facilities, regardless of the age they specialize in, should be permitted. Allowing Daycare Facilities that specialize in adult daycare is in keeping with the City’s Comprehensive Plan, which recommends placing emphasis on this type of care in the community. Furthermore, staff is proposing to permit a Daycare Facility by right in the B-2 General Business District, which currently requires a Special Use Permit, as well as in the M Manufacturing District, which is currently not permitted at all. A Daycare Facility is already permitted by right in the B-3 Regional Shopping District with no special use permit required. Staff is of the opinion that the same should be for the B-2 General Business District. The Comprehensive Plan recommends allowing Daycare Facilities as a permitted use in the M Manufacturing District to support workers within this district. At their December 3% meeting, members of the Plan Commission voted unanimously (4-0, with three absent) in support of the proposed Zoning Text Amendment. ACTION PROPOSED: Discuss and recommend approval of the proposed Zoning Text Amendment. COMMITTEE RECOMMENDATION: Attachments: Proposed Zoning Text Amendment Draft Ordinance 24-O-0052 Plan Commission Report and Recommendation to the City Council ===== PDF PAGE 7 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 24-0-0052 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO - APPENDIX A, THE ZONING CODE SECTION 4.1, SECTION 10.3-3, SECTION 10.3-4, AND SECTION 11.2-3 RELATING TO DAYCARE FACTIILITIES WHEREAS, the City of West Chicago periodically reviews the text of the Zoning Code for consistency with current trends in development and land use; and WHEREAS, an increase in demand for day care centers for adults has been seen throughout the region; and WHEREAS, the current definition of a day care center contained in Section 4.1 of Ap- pendix A of the Code of Ordinances does not allow for anyone older than essentially five years of age to be placed within a day care center; and WHEREAS, allowing Daycare Facilities that specialize in adult daycare is in keeping with the City’s Comprehensive Plan, which recommends placing emphasis on this type of care in the community; and WHEREAS, the City’s Comprehensive Plan describes day care centers as an essential work supportive use that should be permitted in the City’s M Manufacturing District, WHEREAS, a day care center is permitted by right only in the B-3 Regional Shopping District and permitted by special use only in the B-1 Central Business District and in the B-2 General Business District; and WHEREAS, the City of West Chicago has proposed an amendment to the text of Section 4.1, Section 10.3-3, Section 10.3-4, and Section 11.2-3 of the Zoning Code, Appendix A of the Code of Ordinances of the City of West Chicago; and WHEREAS, Notice of Public Hearing on said amendment was published in the Daily Herald on or about November 18, 2024, as required by the ordinances of the City of West Chica- go 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 December 3, 2024 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. 24-RC-0021, a copy of which is attached hereto as Exhibit “A” which is, by this reference, made a part hereof. 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: Ordinance 24-O-0052 Page | of 4 ===== PDF PAGE 8 ===== [Extraction: OCR (rendered-page OCR)] Section 1. That Section 4.1 (Definitions — Construction of Terms), of Article IV, Appen- dix A, of the Code of Ordinances of the City of West Chicago be amended to delete the defini- tion of a Day care center and to add a definition for a Daycare Facility as shown below: “ 7 “ce ” 7 Daycare Facility: A facility providing care for five (5) or more people during only part of a 24-hour day. Such care may also include instruction. This does not include public and private school nor any facility offering care to people for a full 24-hour period.” Section 2. That Section 10.3-3 (Business — B-2 General Business District — Permitted Us- es), of Article X, Appendix A, of the Code of Ordinances of the City of West Chicago be amended to add the use of a Daycare Facility as a permitted use in the B-2 General Business District, as shown below: “(PP) Daycare Facility” Section 3. That Section 10.3-4 (Business — B-2 General Business District — Special Uses), of Article X, Appendix A, of the Code of Ordinances of the City of West Chicago be amended to remove the use of a Daycare Facility as a special use in the B-2 General Business District, as shown below: “H) B Facilities” Section 4. That Section 11.2-3 (Manufacturing - M Manufacturing District — Permitted Uses), of Article XI, Appendix A, of the Code of Ordinances of the City of West Chicago be amended to add the use of a Daycare Facility as a permitted use in the M Manufacturing District, as shown below: “(J) Daycare Facility” Section 5. 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 6. 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 , 20 Alderman D. Beebe ee Alderman L. Chassee ae Alderman J. Sheahan ee Alderman H. Brown ee Alderman A. Hallett ee Alderman C. Dettmann ee Alderman M. Birch Ferguson | Alderman S. Dimas ee Alderman J. Smith, Jr. ee Alderman C. Swiatek ee Alderman R. Stout ee Alderman J. Short _ Alderman J. Morano Alderman J. Banas Ordinance 24-O0-0052 Page 2 of 4 ===== PDF PAGE 9 ===== [Extraction: OCR (rendered-page OCR)] APPROVED as to form: City Attorney APPROVED this day of , 20 Mayor Ruben Pineda ATTEST: Executive Office Manager Valeria Perez PUBLISHED: Ordinance 24-O-0052 Page 3 of 4 ===== PDF PAGE 10 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” RECOMMENDATION # 24-RC-0021 TO: The Honorable Mayor and City Council SUBJECT: PC 24-20 Proposed Zoning Text Amendment to Section 4.1 (Construction of Terms), Sec- tion 10.3-3 (B-2 General Business District — Permitted Uses), Section 10.3-4 (B-2 General Business District — Special Uses), and Section 11.2-3 (M Manufacturing District — Permitted Uses) of Appendix A (the Zoning Code), of the Code of Or- dinances of the City of West Chicago. DATE: December 3, 2024 DECISION: The motion to recommend approval of the proposed amendment was approved by a vote of four (4) “yes” and zero (0) “no”. RECOMMENDATION: After a review of the proposed Zoning Text Amendment as presented, the Plan Commis- sion/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 and the Comprehensive Plan. The Plan Commission is of the opinion that the proposed amendments will protect, pro- mote, 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 Slattery Henkin Kasprak Banasiak Billingsley Terrazas Ordinance 24-O-0052 Page 4 of 4 ===== PDF PAGE 11 ===== [Extraction: OCR (rendered-page OCR)] Proposed Text Amendments to Appendix A (Zoning Code) of the Code of Ordinances of the City of West Chicago Daycare Facilities Underline = New Text; Strikethrough = Deleted Text ARTICLE IV Definitions 1. Amend Section 4.1 (Definitions — Construction of Terms) to delete the term and definition of a Day care center, and to add the term and definition of Daycare Facility. “ce ” > Daycare Facility: A facility providing care for five (5) or more people during only part of a 24- hour day. Such care may also include instruction. This does not include public and private school nor any facility offering care to people for a full 24-hour period. ARTICLE X Business 2. Amend Section 10.3-3 (Business — B-2 General Business District — Permitted Uses) to allow a Daycare Facility as a permitted use in the B-2 General Business District (PP) Daycare Facility 3. Amend Section 10.3-4 (Business — B-2 General Business District — Special Uses) to remove a Daycare Facility as a special use in the B-2 General Business District () 8 Facilit ARTICLE XI Manufacturing 4. Amend Section 11.2-3 (Manufacturing - M Manufacturing District — Permitted Uses) to allow a Daycare Facility as a permitted use in the M Manufacturing District (JJ) Daycare Facility Page 1 of 1