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01/25/2010DES PLAINES PLAN COMMISSION JANUARY 25, 2010 MINUTES The Des Plaines Plan Commission held its regularly scheduled meeting on Monday, January 25, 2010, at 7:00 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMMISSION PRESENT: Bar, Kellerman, Kowalski, Niemotka, Perez ABSENT: None Also present was Senior Planner Scott Mangum. Chairman Kowalski called the meeting to order at 7:00 P. M. A motion was made by Kellerman, seconded by Niemotka, to approve the minutes of the September 14, 2009, hearing. AYES: Kellerman, Niemotka, Bar, Kowalski NAYES: None ABSTAIN: Perez MOTION CARRIED 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 2 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue Request: A Preliminary Planned Unit Development (PUD) is requested under Section 3.5 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow for the construction of an approximately 140,000 square foot casino facility with 1,200 gaming positions and a 1,242 car parking structure and future phases consisting of expansion of the Phase I casino building to include additional retail and/or restaurant uses, expansion of the Phase I parking structure, and the construction of two new 11 and 15 -story hotels and a new parking structure; An Amendment to the Official 1998 City of Des Plaines Zoning Map, as amended, is requested to reclassify the property from C-2, Limited Office Commercial, Zoning District to a new C-6, Large Entertainment/Casino, Zoning District; A Text Amendment to the 1998 City of Des Plaines Zoning Ordinance, as amended, is requested to create a new C-6, Large Entertainment/Casino, Zoning District with development standards; A Tentative Plat of Resubdivision of existing lots is requested to result in a total of three lots. Messrs. Mike Levin, Principal, and Jason Westrope, Development Manager LEED AP, Development Management Associates, 1201 North Clark Street, Suite 302, Chicago, Illinois; Messrs. Brian Fink, Assistant Principal, and Steve Peck, Senior Associate Shareholder, Klai Juba Architects, 4444 West Russell Road, Suite 3, Las Vegas, Nevada; Mr. Scott Strusiner, Vice President, LAMB Partners, 900 North Michigan Avenue, Suite 1900, Chicago, Illinois; Mr. Neil Kenig, Principal, KLOA, 9575 W. Higgins Road, Rosemont, Illinois; Mr. Todd A. Shaffer, PE, Principal, Haeger Engineering, 1300 North Plum Grove Road, Schaumburg, Illinois; Mr. David R. Schenk, Barnes & Thornburg Attorneys at Law, One North Wacker Drive, Suite 4400, Chicago, Illinois; and Ms. Katrina Laflin, Principal, Laflin Design Group Landscape Architects, 34W338 Courier Avenue, Unit #1, St. Charles, Illinois, were sworn in to give testimony in this case. For the benefit of the persons in the audience, Chairman Kowalski explained the Plan Commission procedure as follows: the petitioner will present the request; following the petitioner's presentation, members of the Plan Commission will have the opportunity to ask questions of the petitioner; City Staff will make its presentation of the Staff Report also followed by questions from the members of the Plan Commission; after which, audience participation is permitted. Noting the casino was first presented in 2002 and stating he was excited to be present, Mr. Levin identified himself as the project manager for the design and construction of the casino. Mr. Levin stated the [casino] license was awarded in December, 2008 and that, since, he has been working closely with Staff to develop the plans presented this evening. Citing the casino represents a major financial asset to the community, Mr. Levin stated the proposal reflects a quality complex. Mr. Levin introduced a slide presentation as follows: Slide #1: Vicinity Map - An aerial site map identifying the property's boundaries and nearby points of activity, such as O'Hare Airport, hotels, office complex and major toll and other roadways that serve the area. Comparing the 1,000 persons per gaming position in the area to the 300 persons per slot machine in Elgin, Illinois, Mr. Levin identified the area as underserved. 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 3 Slide #2: Existing Site - A close-up of the site boundaries — Des Plaines River Road on the east, Devon Avenue on the south, I-294 on the west and an office building and hotel on the north. Mr. Levin added that, south of Devon, commercial development exists. I-294 and offices are located to the west and the Forest Preserve to the east. Mr. Levin stated although an out -parcel is not owned, the site possesses a number of positive attributes, most notably, 20 acres of adjacent land. Mr. Levin stated the site, served by two major arterials and with great visibility from I-294, is easily accessed. Mr. Levin added the site is also somewhat isolated from residential neighborhoods and schools. Referencing the City's Comprehensive Plan of March, 2007, which identifies the area for entertainment use, Mr. Levin stated the proposed casino represents the highest and best use of a parcel that currently contains 10-11 older buildings. Slide #3: Site Plan/Phase I Development — Mr. Levin identified the 140,000 square foot facility, consisting of 30,000 square feet of food and beverage service, including bars; 43,000 square foot casino floor and 67,000 square feet of back -of -house. Mr. Levin explained that although the back -of -house operations, accounting for approximately 50% of the facility, are not visible, it consists of employee lockers, dining rooms, offices, security and a State Gaming office. Mr. Levin stated the proposed Phase I construction includes a 1,242 car parking deck as well as a 773 space surface lot. Mr. Levin noted that, per City Code, if the site were developed as office or retail space, 4 parking spaces per every 1,000 square feet would be required and that the casino proposal includes one parking space for every 70 square feet, or three times that required for traditional commercial development. Citing a 10 -story garage recently constructed in Pittsburgh and noting customers identified convenient parking in close proximity second only to security, Mr. Levin explained that a 4 -story parking garage is necessary. Mr. Levin cited the reason for providing more than 2,000 parking spaces results from the very different use the casino represents with a population of 2,700 people at any given time - three employee shifts, consisting of 300-400 employees, 24 hours a day 7 days a week and a customer base of 2,000-2,300 persons. Noting that adequate on-site stacking distance has been provided with access from all major arterials, Mr. Levin noted the organization of the site was dictated by traffic. Mr. Levin added the number of curb cuts were reduced and meet IDOT standards. Mr. Levin stated the existing Devon Avenue curb cut provides two lanes out and one in. Mr. Levin stated adequate space for valet parking has also been provided. Mr. Levin stated the casino is located in the center of the site with an emergency access road that extends around the entire site. Mr. Levin stated that Staff expressed interest in the inclusion of bicycle paths but that, although bicycle racks will be provided, his experience does not warrant a separate path — that the sidewalks, which exceed the 5 -foot width requirement, would be adequate. Mr. Levin stated Staff also expressed interest in the inclusion of outdoor space. Mr. Levin stated that two outdoor smoking lounges are proposed but that, due to security issues and the nature of the business, that the objective is to keep customers inside [the casino]. Mr. Levin added he is working with Pace Bus to locate appropriate bus stops and that it is in the casino's best interest to ensure the stops are convenient for use by customers as well as employees. Slide #4: Site Plan/Phase II Development — Mr. Levin identified items proposed in Phase II construction as 80,000 square feet targeted for food, beverage and/or retail expansion and two hotels with 800 total rooms. Mr. Levin stated one hotel is proposed attached to the casino building and the other freestanding. Mr. Levin added a separate parking deck for the hotel use is also proposed. 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 4 Mr. Brian Fink stated he was pleased to be present to represent Midwest Gaming. Referencing Slide #3, Mr. Fink presented a general overview of traffic in and out of the site, ample onsite queuing and easy circulation. Mr. Fink added two internal speed ramps are also proposed. Slide #5: Overall Floor Plan— Mr. Fink noted the inner adjacency planning ensures the entire casino is activated with food and beverage located adjacent to the casino walls. Mr. Fink stated the entrance, which is a two-story space, is designed to be warm and inviting and on an approachable scale. Mr. Fink stated the back -of -house would be oriented to I-294 and serve as a buffer between the casino and I-294. Slide #6 — Roof/Second Floor Plan - Mr. Fink identified a portico that provides shelter for taxi passengers and valet customers and one corner outdoor space that would also be activated. Mr. Fink noted the surface parking was designed so that one would not have to navigate through the entire site to get to the front door. Mr. Fink added the proposed second floor walkway from the garage would also be covered. Slide #7: Casino Elevations — north facade; west facade oriented toward the I-294 Tollway; and the south facade. Mr. Fink also noted the proposed exterior materials, which include pre -cast stone, architectural block and metal panels within a warm color palette. Slide #8: Garage Elevations — Mr. Fink noted the proposed parking deck consists of one level at grade and three suspended levels with detail on all sides and landscaping to provide a layered effect. Slide #9: Rendering — Mr. Fink described the view from Des Plaines/River Road. Slide #10: Rendering — Mr. Fink described the skywalk. Slide #11: Rendering — Mr. Fink described the function of the portico in relation to parking areas and also the employee access from the garage. Slide #12: Mr. Fink described the details of the southeast entrance, where the taxi and shuttle areas are located. Mr. Shaffer continued the presentation with the following: Slide #13: Water Main Schematic Exhibit — Mr. Shaffer identified key underground issues as: a water main that will be extended down the west property line; a 12" feeder main that will connect at the southeast quadrant; and an 8" water main that connects Devon to River Road that will be extended to the northeast corner of the site. Mr. Shaffer stated the location of fire hydrants and also the circulation of emergency equipment were considered in developing the plan. Mr. Shaffer added a water main that is currently 6" will be replaced with an 8" main in anticipation of Phase II and future needs. Slide #14: MWRD Sewer Routing Map — Mr. Shaffer cited the relocation of sewer main as the biggest challenge. Mr. Fink stated the main that extends under the warehouse building would be rerouted around the north side of the site and discharged at Des Plaines/River Road. Mr. Shaffer noted the site was developed several decades ago and without any storm water retention. Mr. Shaffer stated that 5.5 acre-feet of underground detention would be provided along the east part of the site, below the surface parking area. Mr. Shaffer added that this area would be avoided during Phase II development. Mr. Shaffer stated the storm water will be pumped and discharge at the storm sewer. Mr. Shaffer added that a backup generator would be installed to ensure uninterrupted service in the event of a power failure. 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 5 Mr. Shaffer stated a 12" main on the west side of River Road and the 10" feeder that runs through the site will be maintained during Phase I development and rerouted during Phase II. Mr. Shaffer added the parking garage would have a separate connection. Ms. Laflin stated the site would be 14% landscaped. Ms. Laflin added that the 7.6% parking island coverage exceeds the 5% [City Code] requirement. Ms. Laflin noted the overall design approach is one of low maintenance. Ms. Laflin stated the beautifully designed landscape includes native plant varieties, which are known to be much better for the environment. Ms. Laflin stated the plant types would emulate the natural growth in the forest preserve. Ms. Laflin stated the parkway tree requirements on Des Plaines River Road and Devon will be met and that shrubs will line the perimeter in order to screen the parking areas from the major arterial streets. Ms. Laflin stated a trellis system is proposed along the parking garage to allow foliage to grow up the sides of the parking structure. Ms. Laflin stated such a system would not harm the pre -cast masonry but will create another level of landscaping and break up the mass of the parking garage. Ms. Laflin stated the trellis system would be concentrated on the north side of the casino, in the area where the highest concentration of pedestrian traffic will exist. Ms. Laflin summarized the landscape plan to be straightforward and one that meets the Ordinance requirements. Chairman Kowalski inquired as to whether any of the existing trees on the site will be preserved. Ms. Laflin stated none would. Ms. Laflin added that a Certified Arborist conducted an inventory of existing trees and that due to the amount of utility work involved salvage is impossible. Mr. Levin stated that the LEED process includes a checklist containing 40-50 criteria determined on a point system. Mr. Levin stated 40 points are required and that, with 43, he is confident the building will receive LEED Certification. Mr. Levin stated accreditation is a long process and one that is ongoing with construction documents required to be submitted periodically until completion. Mr. Levin added the project is registered with the USGBC. Mr. Levin stated that although a formal traffic presentation was not planned, that KLOA was working closely with IDOT and that Mr. Kenig was present to address any questions. Chairman Kowalski called for questions of the petitioners by members of the Plan Commission. None were raised. Chairman Kowalski asked about the improvements planned for Des Plaines/River Road. Mr. Kenig stated the addition of a center turn lane has been planned by IDOT for many years and that his firm is working with IDOT to modify the prior plans to include dual left turn lanes into the [casino] site. Mr. Kenig stated the construction was scheduled in spring or early summer. Referencing an article published in the local newspaper the day before, Chairman Kowalski inquired as to whether the City of Des Plaines was assuming jurisdiction over Devon and Touhy Avenues. Mr. Levin stated that was correct — that IDOT transferred responsibility to the City. Mr. Levin added that although IDOT relinquished authority, that IDOT would be funding construction and working with the City to ensure the roads were completed on schedule. Chairman Kowalski inquired as to whether the roads would be completed at the time the casino would open its doors. Mr. Levin stated they would. Mr. Levin added that the construction schedules were planned in sync and that IDOT was being very cooperative. Mr. Levin stated his confidence that the roads would be completed. Mr. Niemotka inquired as to whether other agencies had been contacted. Mr. Levin stated Mr. Shaffer is working with the MWRD and that he is also working with the FAA and Tollway Authority. Mr. Levin stated he and all agencies are working together with regard to addressing specific comments from each. 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 6 Mr. Niemotka inquired as to whether a gaming license has already been received. Mr. Levin stated one has. Mr. Levin reiterated the license was awarded in December, 2008, and that a vetting process exists and, once completed, the license will be officially granted. Noting that the objective of the casino is to have people from all over the country bring revenue to the City, Chairman Kowalski inquired about the taxi area. Mr. Levin stated two taxi areas are planned. Chairman Kowalski inquired as to whether adequate stacking exists. Mr. Levin stated it does. Chairman Kowalski inquired about provisions for tour buses. Mr. Levin stated ample space in back exists to store buses, but added that he did not believe there would be a great deal of tour bus traffic. Mr. Levin stated he believed jitneys serving area hotels would generate the majority of such traffic. Mr. Niemotka noted tour buses serve the Indiana and Wisconsin casinos daily. Mr. Levin reiterated the majority of traffic will be local — cars and taxis and that he did not believe the casino will draw large volumes from other states. Mr. Levin added the casino will be promoted everywhere and draw individuals from many places, but not necessarily busloads. Mr. Strusiner stated that the casino will be marketed, but that they are limited to 1,200 gaming positions by the State and that the O'Hare market provides that population base. Mr. Strusiner restated that autos and taxis would satisfy the permitted capacity. Mr. Strusiner stated that the local demographics are three times that of other casinos. Mr. Bar inquired about the shortage of handicapped parking. Mr. Levin stated the local and State Ordinances differ. Mr. Levin stated he believes there is an eight -car difference, but that he is able to meet either. Mr. Levin acknowledged handicapped parking is critical and that the required space will be provided. Referencing the relocation of two sewers, Mr. Niemotka inquired as to the ability to keep the line straight and/or whether moving the building to the south in order to do so had been considered. Mr. Levin stated the 140,000 square foot building is huge, covering more than three acres and that attempts to keep the line straight were made, but could not be facilitated. Mr. Levin added that it is very costly to move the sewers but that the building elements were too large and that no other alternatives exist. Mr. Niemotka inquired as to the distance the line would be moved. Mr. Shaffer stated the distance is almost 100 -feet. Mr. Niemotka inquired as to whether the sewers would be maintained by the City or the casino. Mr. Shaffer stated the casino would maintain the sewers, but that City would retain ownership. Mr. Shaffer stated that the City requested the inspection include televised remediation. Mr. Shaffer added the sewer system was installed in the 1970's. Mr. Shaffer stated the water mains are a public utility and on a loop system and located within the easements. Mr. Shaffer stated the water mains would be operated by the casino but, for the safety of the entire community, owned by the City with the right to access and maintain them if, for any reason, proper maintenance is not being conducted. Mr. Niemotka inquired as to whether the same applies to the storm sewers. Mr. Shaffer stated all new storm sewers would be installed from the west to the east as a result of the need to reroute the line. Referencing the traffic study, Chairman Kowalski noted that 1,200 gaming positions and two hotels, with a total of 800 rooms, 40,000 square -feet of restaurant and 40,000 -square feet of retail was cited. Chairman Kowalski inquired as to the location of the retail space. Mr. Levin stated the retail space is ancillary to the primary casino and hotel uses. Mr. Levin stated that 2,000 to 3,000 square feet, dedicated to souvenirs and like items, and something similar in size within the hotels are planned. Mr. Levin stated no freestanding retail is planned. Chairman Kowalski noted that the retail sales tax would be welcome revenue. Mr. Levin assured Chairman Kowalski that the casino operation would generate decent revenue. 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 7 Chairman Kowalski expressed confusion over the 1,200 gaming position limit and whether that maximum capacity would be met in Phase I. Mr. Levin stated the 43,000 -square foot casino floor would provide 1,200 gaming positions. Chairman Kowalski inquired whether the traffic volumes were expected to increase in Phase II. Mr. Levin stated that the Phase II expansion did not include additional casino space because it could not be assumed that the State would grant more [gaming positions]. Chairman Kowalski asked where casino expansion would occur if the State were to grant an increase in gaming positions. Mr. Levin stated a portion of the additional 80,000 square feet could be converted to casino space. Mr. Levin added, if that were to become the case, he would be required to update the plans and traffic studies and return before the Commission for approval before that could occur. Noting that the existing northbound traffic queue extends from Devon to Higgins and citing information contained in the traffic study, Chairman Kowalski inquired as to the 53% of casino traffic is anticipated from south Des Plaines River Road and how the delay can be eliminated. Mr. Kenig stated the proposed improvements would be adequate. Mr. Kenig added that there would still be long queues, but noted dual turn lanes at Devon and a right turn lane at Des Plaines/ River Road will assist traffic movement. Mr. Kenig stated a dual left turn lane is being considered at Higgins and River Road. Mr. Kenig reiterated the improvements at Devon and Des Plaines River Road have been planned by IDOT and that right-of-way would be taken from the Hyatt and a huge amount of right-of-way will also be taken from the forest preserve on the east side of the street. Chairman Kowalski asked Mr. Kenig to explain the findings reflected in the graph on page 11of the traffic report. Mr. Kenig stated the numbers in the squares around the site reflect regional distribution, which would be I-294, I-90 and I-94 away from the site and that the local distribution included traffic on Des Plaines/River Road, Devon and Touhy Avenues. Chairman Kowalski stated that was his interpretation but questioned whether regional distribution is also shown as local distribution. Mr. Kenig confirmed that, in this instance, regional distribution is also shown as local distribution because the regional traffic from the expressways and toll roads becomes local as it approaches the site. Mr. Kenig added that the circulation system prohibits exit to the north and, therefore, some traffic will wrap to Mannheim and other traffic, east. Chairman Kowalski stated his agreement with all three scenarios presented as potential traffic routes. Mr. Kenig noted only interstate traffic was reflected — that local traffic was not [figures pages 14-34]. Chairman Kowalski confirmed that local traffic did not contribute to the 13% shown. Mr. Kenig confirmed it did not. Chairman Kowalski confirmed that the capacity analysis reflected the casino and conditions in 2030 at the least desirable Service Level F at all three intersections and asked how the four -minute delay at Higgins could be mitigated? Mr. Kenig stated that if all the improvements were made, including a right turn lane and dual left turn lanes on all three legs, it could be possible to raise the Service Level to D. Mr. Kenig added that a right -turn on the south side of Des Plaines River Road presents the issue of major bridge reconstruction. Mr. Kenig stated the right-of-way along the entire side of the northwest quadrant would be utilized but that Village of Rosemont would not relinquish any right-of-way on the east that would impact the gateway fountain. Mr. Kenig stated the aforementioned improvements would help. Chairman Kowalski inquired as to Rosemont's position with regard to dual left turn lanes on south Des Plaines/River Road. Noting the Village of Rosemont requested his firm to conduct a review, Mr. Kenig confirmed the review of the traffic that will result in the south east quadrant of the property is currently in progress. Chairman Kowalski confirmed traffic signals were planned at the main drive and also on Devon. Mr. Kenig confirmed that was correct and that the signal planned for the west entrance on Devon would eventually be installed. Chairman Kowalski inquired as to whether the traffic count included the existing land use. Mr. Kenig stated it did but added that the count was taken in August, 2009, and since, a number of businesses have 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 8 become vacant. Chairman Kowalski asked how KLOA's count compared to the ITE's volume. Mr. Kenig stated he used actual numbers, not those of ITE and reiterated the vacancies are greater. Mr. Levin stated that 15 curb cuts currently exist and reiterated the number would be reduced to five plus a service drive with his control of the site. Mr. Levin added the reduction would assist traffic flow. Chairman Kowalski stated his agreement. Reading from Table 3 on page 44 of the traffic study, Chairman Kowalski asked if Mr. Kenig stood by his words. Mr. Kenig stated he does. Chairman Kowalski noted that, during the PM peak hours, the Des Plaines River Road and Devon intersection functions at Service Level F with a 110 second delay and that the same intersection is projected to function at the same Service Level in 2030 with a projected delay of 97 seconds or, essentially, maintain the status quo. Mr. Kenig stated his agreement. Chairman Kowalski inquired whether Mr. Kenig believed the roadway improvements planned, as well as the plan provided for the property, would provide effective traffic control. Mr. Kenig stated he did. Mr. Kenig noted the one criteria required by IDOT is not to make the Service Level any worse - to maintain the current level of service. Mr. Kenig reiterated the intersection currently functions at Service Level F and that it is not possible to improve the level of service, but reiterated IDOT does not permit making the service level any worse. Mr. Kenig stated his company projects casino customers will generate a considerable amount of auto traffic, bus and hotel shuttle services. Mr. Kenig added that although employees will most likely utilize public transportation, such as PACE Bus, and that the casino will provide some type of shuttle service to the CTA train, no public transportation was assumed in trip generating factors considered in the traffic report. For the benefit of persons in the audience, Chairman Kowalski summarized Mr. Kenig's comments as the traffic report was developed assuming the worst case scenario traffic volumes and recognizing, as related to peak hour volumes, problems will always exist. Mr. Kenig stated IDOT required that the projections extend to the year 2030 which, alone, resulted in a traffic increase of 30%. Mr. Kenig added that he was not sure that amount of growth will occur. Mr. Kenig reiterated he felt 30% growth was overstated and that, without the casino, the level of service at the intersections at issue is Level F. Mr. Kenig stated his years of experience has shown that in instances of major development, such as a regional shopping center, studies show a redistribution of traffic occurs. Mr. Kenig stated these findings typically apply only to peak hours, during which motorists find alternate routes. Mr. Kenig stated he believed that would be the case with the casino. Mr. Kenig added he does not believe the traffic scenario will be as bad as it was illustrated in the report. Chairman Kowalski called for the Staff Report to be read by Mr. Mangum. Staff Report: Issue: A Preliminary Planned Unit Development (PUD) is requested under Section 3.5 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow for construction of an approximately 140,000 square foot casino facility with 1,200 gaming positions and a 1,242 car parking structure and future phases consisting of expansion of the phase 1 casino building to include additional retail and/or restaurant uses, expansion of the phase 1 parking structure, and the construction of two new, 11 and 15 -story respectively, hotels and a new parking structure; An Amendment to the Official Des Plaines Zoning Map, as amended, is requested to reclassify the property from C-2, Limited Office Commercial Zoning District to a new C-6, Casino Zoning District; A Text Amendment to the 1998 City of Des Plaines Zoning Ordinance, as amended, is requested to create a new C-6, Casino Zoning District with development standards; 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 9 A Tentative Plat of Resubdivision of existing lots is requested to result in a total of three lots: Analysis: Preliminary Planned Unit Development Report Owners: Owner of 3000 Des Plaines River Road Trustee: North Star Trust Company, as Trustee under Trust Agreement dated December 10, 2001 and known as Trust No. 01-4061 Beneficiary: 3000 River Road, LLC, an Illinois limited liability company do Marc Realty 55 E. Jackson Boulevard., Suite 500 Chicago, IL 60604 Attention: Gerald Nudo 312-884-5400 Owner of 3150, 3158, and 3166 Des Plaines River Road, and 2590 E. Devon Avenue, as well as Part of Access Road (PIN ending -028 and a portion of PIN ending -030): Trustee: Chicago Land Trust Company, as Trustee under Trust Agreement dated October 1, 1963 and known as Trust No. 540 Beneficiary: O'Hare Office Center, an Illinois limited partnership c% Arthur J. Rogers & Co. 3170 Des Plaines River Road Des Plaines, IL 60018 Attention: William Schmitz 847-297-2200 Owner of 2570 E. Devon Avenue: 2570 East Devon, LLC, an Illinois limited liability company c% Arthur J. Rogers & Co. 3170 Des Plaines River Road Des Plaines, IL 60018 Attention: William Schmitz 847-297-2200 Owner of 2580/2584, 2600-2610, and 3170 E. Devon Avenue: Arthur .1. Rogers & Co., an Illinois corporation 3170 Des Plaines River Road Des Plaines, IL 60018 Attention: William Schmitz 847-297-2200 Owner of 2500 East Devon Avenue: 2500 Holding Group, LLC, an Illinois limited liability company 2500 E. Devon Avenue Des Plaines, IL 60018 Attention: Waldemar Wyszynski 847-954-2220 (Properties Under Contract with Petitioner) Petitioner: Midwest Gaming & Entertainment, LLC 900 N. Michigan Avenue, Suite 1900 Chicago, IL 60611 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 10 Case Number: 10 -001 -PUD Real Estate Index 3000 Des Plaines River Road 09-34-300-031 Numbers 3150 Des Plaines River Road 09-34-300-035 3158 Des Plaines River Road 09-34-300-037, (Part) 09-34-300-030 3166 Des Plaines River Road 09-34-300-036 3170 Des Plaines River Road 09-34-300-016 2570 East Devon Avenue 09-34-300-026 2580 and 2584 East Devon Avenue 09-34-300-025 2590 East Devon Avenue 09-34-300-038 2600, 2602, 2604, 2606, 2608 and 2610 East Devon Avenue 09-34-300-039 Part of Access Road West of 2500 East Devon Avenue 09-34-300-028 Part of Access Road West of -028 Tax Parcel (Part) 09-34-300-030 A portion of 2500 East Devon Avenue (if land exchange occurs) 09-34-300-042 Project Description The developer proposes phase 1 construction of an approximately 140,000 square foot casino facility with 1,200 gaming positions and a four -level, 1,242 car parking structure and future phases consisting of expansion of the phase 1 casino building to include additional retail and/or restaurant uses, expansion of the phase 1 parking structure, and the construction of two new, 11 and 15 -story respectively, hotels and a new parking structure. In addition to the structured parking, 773 surface parking spaces are proposed to the south, east, and northeast of the casino in phase 1. Demolition of all existing structures on site is proposed as a part of phase 1. Vehicular access to the site will be provided via Des Plaines River Road (three curb cuts) and Devon Avenue (two curb cuts). The main vehicular entrance to the site is proposed for Des Plaines River Road and would be signalized. A Traffic Study has been prepared by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA). Although the casino building is set back from the intersection and surrounded by parking on three sides, pedestrian access is provided from public sidewalks around the perimeter of the public -right-of-way and by walkways that run along two of the on-site vehicular driveways. The applicant is negotiating a land exchange with the owner of 2500 E. Devon Avenue that would adjust the location of existing lot lines as part of the Plat of Resubdivision. Although the land exchange has not yet been consummated, it is reflected in the plans presented and is illustrated on sheet CP2.3 of the Preliminary PUD Submittal. Parking at 2500 E. Devon would increase from a total of 58 existing nonconforming parking spaces for the approximately 19,500 SF building to a still nonconforming total of 64 spaces with the addition of some perimeter and interior landscaping where none currently exists. Proposed signage would exceed the limits established in the Zoning Ordinance by number of signs, size of signs, height of freestanding signs, and size of and location of electronic signs. A Localized Alternative Sign Regulation Plan may be requested for developments within the C-6 Casino District according to the proposed text amendment. It would be heard by the Zoning Board of Appeals and City Council as a Conditional Use. The proposed casino building is predominantly one-story with a second story entrance from a skywalk connection to the parking structure. The main entrance and porte-cochere face the parking structure on the north side of the building A 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 11 secondary entrance is located at the southeast corner of the building. Active uses (dining and beverage areas) are located on the north and northeast sections of the building. The gaming area itself is approximately 45,000 square feet with a considerable amount of the remainder of the 140,000 square feet devoted to back of house operations. Existing Zoning C-2, Limited Office Commercial Existing Land Use Office and Factory Buildings Surrounding Zoning North: C-2, Limited Office Commercial South: Village of Rosemont East: Cook County Forest Preserve West: C-2, Limited Office Commercial Surrounding Land Use North: Hotel and Commercial Office South: Village of Rosemont/ Office and Hotel East: Cook County Forest Preserve West: I-294 Tollway Street Classification Des Plaines River Road is a four lane collector street under IDOT jurisdiction. Devon Avenue is a four lane arterial street under Village of Rosemont jurisdiction. Comprehensive Plan Entertainment is the recommended use of the property. Development Schedule Start — March 2010 (Phase 1) Finish — July 2011 (Phase 1) PUD Findings As required, the proposed development is reviewed below in terms of the findings contained in Section 3.5- 5 of the Zoning Ordinance: A. The extent to which the Proposed Plan is or is not consistent with the stated purpose of the PUD regulations in Section 3.5-1: Comment: The proposed plan is consistent with the stated purpose of Section 3.5-1 of the Zoning Ordinance in so far as the proposed casino/hotel/restaurant development would allow for efficient use of land resulting in more economic networks of utilities, street and other facilities not be possible under the strict application of the Zoning Ordinance. B. The extent to which the proposed plan meets the prerequisites and standards of the planned unit sevelopment regulations: Comment: The proposed Planned Unit Development meets all PUD requirements contained in Section 35- 2 of the Zoning Ordinance as it would be located in a zoning district that is proposed to permit PUDs, it meets the minimum size standard of two acres, as it is 195 acres in size, and is under contract to be under the unified control of Midwest Gaming and Entertainment, LLC. C. The extent to which the proposed plan departs from the applicable zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to the density, dimension, area, bulk, and use and the reasons why such departures are or are not deemed to be in the public interest: 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 12 Comment: The proposed development meets or exceeds the following applicable zoning regulations as proposed for the new C-6, Casino District: • Minimum size for PUD; Two acres are required; the site is 19.5 acres; • Front yard, side and rear yard setbacks for all four buildings; • Building height (160 feet maximum would be allowed in the proposed C-6 zoning district); • Maximum building coverage (Not applicable in proposed C-6, Casino zoning district); • Minimum distance between buildings (15 feet is required and both phase one structures would be at least 110 -feet from each other); • Compatibly with surrounding properties; and • Traffic (Adequate provision for safe ingress and egress and minimal traffic congestion) D. The extent to which the physical design of the proposed development does or does not make adequate provision for public services, provide adequate control of vehicular traffic, provide for, protect open space, and further the amenities of light and air, recreation and visual enjoyment: Comment: After reviewing the petitioner's preliminary building and site improvement plans; it appears, that for the most part, the proposed development is making adequate provision for the necessary infrastructure including sewers, water main and right-of-way dedication to rebuild and expand the adjacent roadways (see preliminary engineering plans). While the site is designed with a good amount of landscaping, there could be opportunities to design for usable open space other than the three designated outdoor smoking areas. Additionally, bicycle connections to nearby transit stops and bicycle trails could be accommodated to promote access to the site by alternate modes. The control of vehicular traffic is addressed by the petitioner's professional traffic study, which was performed by KLOA of Rosemont, IL. The study concludes, "The proposed casino development is situated within an interchange hub thereby offering numerous travel routes for regional access. In addition, the development is located at the intersection of two major arterials, and will provide three access driveways on River Road and two access driveways on Devon Avenue. The proposed five access driveways serving this development will adequately disperse the traffic onto the surrounding roadway network." The Engineering Division has reviewed the traffic study. The site is served directly by two PACE bus routes which connect the site to the CTA Blue Line's Rosemont Station, and the Metra Union Pacific Northwest Line's Des Plaines Station. There could be another potential rail station closer to the site as a part of Metra's proposed STAR Line. It is anticipated that the site may also be served by shuttles operating in or around the O'Hare area. E. The extent to which the relationship and compatibility of the proposed development is beneficial or adverse to adjacent properties and neighborhood: Comment: At full build -out the proposed development would consist of a casino, two multi-level parking structures, and two hotels (11 and 15 stories). There are already a number of low -and mid -rise hotels, restaurants and office buildings in the adjacent and surrounding area. The project site itself is relatively isolated from residential uses. The closest single family residential area is approximately 1200 feet west of the project site and separated by the I-294 Tollway and the O'Hare Lakes Office Park. There is multi- family residential within the Village of Rosemont approximately 350 feet southwest of the edge of the project site which is also separated from the site by the I-294 Tollway. Thus, the proposed commercial buildings will be compatible with the existing commercial character. Due to the unique land use, the proposed signage is significantly greater in scale than either allowed by the Zoning Ordinance or present in the surrounding area. However, the proposed C-6 Casino District would allow the development to apply for a Localized Alternative Sign Regulation Plan per Section 11.8 of the Zoning Ordinance. 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 13 The addition of the buildings in the PUD should be beneficial in that they will both complement existing commercial land uses such as hotels and restaurants and may be a catalyst for additional development in the surrounding area. F. The extent to which the proposed plan is not desirable to physical development, tax base and economic well-being of the entire community: Comment: The site currently houses a number of office and industrial buildings, if the development is built as proposed with the casino, hotels, and restaurants, the assessed valuation of the property may increase, which will result in boosting tax revenues for the City of Des Plaines and thus enhance the economic well- being of this city. In addition to property tax revenues, the City will generate revenue from the development through gaming, hotel, food and beverage, and sales taxes. Once the casino, hotels, and restaurants are built and occupied, there will be greater demands on city services, city streets and other public facilities. It is assumed, though, that the city's current public services and public facilities will be able to handle the increased need for services at this location without being overburdened. G. The extent to which the proposed plan is in conformity with the recommendations of the 2007 Comprehensive Plan: Comment: The proposed casino development conform to the land use recommended in the 2007 Comprehensive Plan. Entertainment is the recommended land use. PUD Issues/Considerations: 1. Staff has design concerns with the limited transparency on street facing facades (South & East), and the fact that the main entrance addresses the parking garage instead of a public street. There are long expanses of blank walls proposed on both of the street facing facades. 2. Another site planning concern is the location and overall prominence of parking, including the mass and scale of parking structures versus the principal structure and the large expanse of parking areas between the facility and the Public Rights of Way. These design and site planning concerns may be mitigated by phase 2 development. 3. Handicapped parking shall be provided at a rate of 20 spaces plus one space for each 50 spaces. For 1,983 standard parking spaces 40 are required where 32 and shown. 4. Interior Parking lot landscaping, exclusive of perimeter landscaping, is required for a minimum of 5% of area of parking lot. The final plans should indicate the percentage of the parking area that is landscaped. Text and Map Amendment (Rezoning) Report This report addresses the request to create a new C-6, Casino Zoning District with development standards and rezone the site from C-2 Limited Office Commercial to the proposed C-6, Casino District (see attachments 2 and 3). To properly evaluate the text and zoning map amendment requests, the standards below, which are contained in Section 3.7-5 of the Zoning Ordinance, must be employed. Following is a discussion of those standards: A. Whether the proposed amendments are consistent with the goals, objectives and policies contained in the Comprehensive Plan: Comment: The City of Des Plaines Comprehensive Plan, adopted by the City Council in 2007, recommends an entertainment use for this site. According to the Plan, casinos and restaurants are classified as entertainment -type land uses. Thus, the creation of requested C-6, classification provides a zoning tool to implement the goals of the Comprehensive Plan by permitting entertainment uses by right. 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 14 B. Whether the proposed amendments are compatible with the current conditions and the overall character of existing developments in the immediate area: Comment: The character of the existing development in the immediate area is almost exclusively commercial, including low to high-rise hotels, mid -rise office buildings, and restaurants. The C-6, Casino District designation would allow the casino, hotel, and restaurants to complement the existing developments in the area. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The developer is proposing several public improvements as part of construction of the planned development. Those improvements, among others, include water main, storm sewer and dedications for the reconstruction of Des Plaines River Road and Devon Avenue. Installation of the above would ensure the adequacy of public facilities or services available to the site. D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The rezoning of the property to C-6, Casino District and subsequent development will add a major regional activity generator to the area. It is not anticipated that this would negatively affect the property values within the City. The proposed PUD does not abut any residential areas. As a result, traffic, noise and outdoor lighting generated by the facility should not negatively affect any residential areas. E. Whether the proposed amendments reflects responsible standards for development and growth: Comment: This zoning text and map amendments are being undertaken to allow entertainment uses envisioned in the City's long-range planning document, the Comprehensive Plan, adopted in 2007. The proposed amendment would require the casino/primary buildings achieve an equivalency to the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) Certification which aims to develop high performance sustainable buildings. Therefore, the proposed rezoning would reflect responsible standards for development and growth. Tentative Plat Report Name of Subdivision: Address: Request: Total Acreage of Resubdivision: Des Plaines Casino 3000 Des Plaines River Road Approval of a Tentative Plat of Subdivision consisting of two lots. 19.5 acres General Information Lot Descriptions and Construction Plans: The Tentative plat shows the nine existing parcels being combined and resubdivided into two lots: Lot #1 (14.9282 acres) would primarily front on Des Plaines River Road with an additional smaller frontage on Devon Avenue for vehicular access. Lot 1 is proposed to be developed with the casino, attached restaurant uses, and parking structure; Lot #2, (4.5889 acres) would front on both Devon and Des Plaines River Road and would house much of the phase 2 development including both hotels and an additional parking structure. The third lot, 2500 E. Devon Avenue, is not a part of the Des Plaines Casino Resubdivision, however, its lot lines would be adjusted as a part of the Plat. The negotiations over a final agreement have not yet concluded, but would be finalized prior to the Final Plat. 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 15 Subdivision Plat Issues/Considerations: 1. The proposed easements shown on the Tentative Plat are inadequate and must be revised in the Final Plat submittal. The Public Works and Engineering Department has recommended that relocated public storm sewers and the water main should be contained in easements throughout the site. Tentative Plat Comments 1. If approved, the Final Plat must be show the Name of the Owner(s) and notarized signatures; 2. The Final Plat must show the proper easement provisions and signature lines and have them signed by all the public service utilities; 3. On the Final Plat, the petitioner shall sign the owner certificate(s) and have them notarized. 4. The Final Plat must show Municipal Boundaries. 5. The Final Plat must show building lines and easements including dimensions. 6. The Final Plat must show a statement of land dedication for public use. 7. The Final Plat must include Certificates from the Finance Director, Director of Public Works and Engineering, and Director of Community and Economic Development; 8. The Final Plat must show all existing structures that will remain after the subdivision. Plan Commission Procedure The Plan Commission may vote to grant or deny approval of the Tentative Plat. If approved, the petitioner's next step is to submit final engineering plans to the Public Works and Engineering Department and return to the Plan Commission with a corrected plat for Final Plat consideration. Staff Recommendations: • The Department of Community and Economic Development recommends approval of the Preliminary Planned Unit Development, the proposed text amendment to the Zoning Ordinance, the rezoning the property to C-6, Casino District, and approval of the Tentative Plat, provided all conditions of approval are met as shown below. • The Public Works and Engineering Department recommends approval of the Preliminary PUD, subject to condition #4 listed below. The Engineering Division has reviewed the Tentative Plat of Subdivision, Preliminary Engineering plans and the Traffic Study and is recommending approval subject to the conditions and comments below. • The City of Des Plaines Fire Department recommends approval of the Preliminary PUD, subject to conditions #6 —7, as listed below: Conditions: 1. The petitioner must prepare a Final Planned Unit Development Plat that meets all the requirements of Appendix A-4 (Minimum Submittal requirements for PUDs) of the City of Des Plaines Zoning Ordinance and a Final Plat of Subdivision that meets all the requirements of the Subdivision Regulations and the comments in this report and submit it to the Community and Economic Development Department. 2. Provide written proof of Final Engineering approval from the City of Des Plaines Engineering Department; 3. The petitioner shall pay all applicable building permits and related fees. 4. Relocated public storm sewers and the water main should be contained in easements throughout the site (as required by the Public Works and Engineering Department). 5. All access roads must be sufficient for emergency vehicles (as required by the Fire Department). 6. The petitioner must provide the proper turning radius for emergency vehicles throughout the entire site (as required by the Fire Department). Plan Commission Procedure: The Plan Commission may vote to recommend approval, approval with modifications, or disapproval. 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 16 Next Step in PUD Review Process: Once the Plan Commission reviews the Preliminary PUD and makes a recommendation, the City Council would consider the PUD at a regularly scheduled City Council meeting. Mr. Mangum added Michael Conlan, Director, Department of Community and Economic Development, was present. Chairman Kowalski called for questions of Mr. Mangum by members of the Commission. None were raised. Mr. Kellerman asked if the matter of the zoning change from C2 to C6 was before the Commission for a vote. Chairman Kowalski confirmed it was. Expressing concern over the January 11, 2010 memo regarding a request for oversized signage, Mr. Kellerman inquired as to where on the property the proposed 40 -foot by 40 -foot signage would be located. Mr. Levin prefaced his reply by stating the size of the signage requested had been reduced since the memo referenced by Mr. Kellerman was released. Mr. Levin stated the signage at issue would be located along the west side of the property for maximum visibility from the tens of thousands of cars that travel I-294. Acknowledging the restrictions outlined in the City's Sign Ordinance, which include the number and frequency of message changes, Mr. Levin stated a state-of-the-art LED sign that would meet the Ordinance's criteria is proposed. Mr. Levin stated he was aware that even the reduced size was greater than that which is permitted, but added that it would be tasteful. Mr. Levin added that a sign of the proposed size is required to attract patrons. Stating the casino represents a $400-500 million dollar investment on his part, Mr. Levin assured the Commission the sign would not be disruptive and would be in good taste. Mr. Kellerman stated his understanding. Referencing a memo dated January 11, 2010 Mr. Kellerman stated the purpose noted was specifically to avoid the City's Sign Ordinance and expressed concern that entertaining a sign of this size would open Pandora's box to other businesses in the City. Mr. Kellerman requested Mr. Conlan address his concerns. Mr. Conlan stated the memo includes an analysis of what other communities have done in similar instances. Mr. Conlan stated the C6 District was crafted to ensure that anything that may be required for the casino is not permitted elsewhere or for other types of commercial properties where items applicable to the casino would not be appropriate. Mr. Conlan summarized his comments by stating that the C6 Zoning District had been carefully crafted to isolate this development from other Commercial Districts as well as to allow Exceptions to the Localized Sign Ordinance 11.8 specifically because the City shared Mr. Kellerman' s concerns. Noting there are currently two 20 -foot by 60 -foot billboards on the property, Chairman Kowalski confirmed that one would be removed and that the expanded request pertained only to the sign applied to the building and not the remaining billboard. Mr. Levin confirmed that was correct. Noting the newly created C6 Zoning District specifies the uses to include an Illinois licensed gaming facility, Class A restaurants, taverns and lounges and the knowledge that ancillary retail is intended, Chairman Kowalski recommended retail sales be added to the permitted uses in the C6 Zoning District. Mr. Conlan stated the Commission may not have been provided the updated Table 7.3.1, Commercial District Use Matrix, which had been modified after a conference call with the developer Friday, to include retail goods and services added — not by right, but as a Conditional Use permitted by City Council. Chairman Kowalski inquired as to whether the changes cited by Mr. Conlan were the only changes that had been made Mr. Conlan confirmed they were. Chairman Kowalski confirmed that the proposed method, Conditional Use with approval by City Council, would not preclude retail use. Mr. Conlan confirmed that was correct. 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 17 Mr. Conlan added that similar ancillary uses, such as gift shops in large hospitals, exist in other Zoning Districts. Mr. Conlan stated a property's primary use is the key in determining its zoning classification. Chairman Kowalski stated his agreement. Citing the LEED Certification Standards for Development 7.3-9, Chairman Kowalski noted compliance includes documentation of actions taken be submitted to the Plan Commission. Noting the Plan Commission does not have any involvement in this matter, Chairman Kowalski inquired as to whether Policy had changed. Citing this as the first LEED Certified project of this size and in a newly created Zoning District, Mr. Conlan confirmed Policy had been established to require documentation of actions taken toward LEED Certification be presented to the Plan Commission. Mr. Conlan added that his understanding was that the developer had the documents present and able to do so tonight. Chairman Kowalski inquired as to the parking provided by the existing building at the north property line. Mr. Levin stated that parcel is not currently under his ownership and he has no control over what happens to the parking area. Mr. Levin added that there is a terminated easement on the north near the Marriott. Chairman Kowalski inquired as to whether the easement would be landscaped. Mr. Levin stated he has no control over that property, but after speaking with the City, plans to approach the owners of the property. Chairman Kowalski inquired as to whether Mr. Levin had approached the Marriott Courtyard with regard to a common access point. Adding there was no benefit to a common access point, Mr. Levin stated he had not. Mr. Strusiner added that such an access is not preferred by the Marriott. Mr. Niemotka inquired as to whether Mr. Levin had discussed directional signage with IDOT or the Tollway Authority. Mr. Levin stated he had and that he expects more details from IDOT and the Tollway Authority within the next 30 to 45 days. Noting only one loading area shown in back of the casino, Chairman Kowalski inquired as to whether that was adequate to accommodate Phase II development. Stating the proposed casino is smaller than most others, Mr. Levin stated one was more than adequate. Chairman Kowalski inquired as to whether there were any flood plain issues associated with the site. Mr. Shaffer stated no flood plain exists on the site. Mr. Shaffer added the forest preserve located to the east of Des Plaines River Road is within a flood plain. Mr. Shaffer added the proposed development does not encroach on Des Plaines/River Road. Chairman Kowalski called for additional questions of the petitioners by members of the Plan Commission None were raised. Chairman Kowalski called for questions or comments by members of the audience, either in favor of or in objection to the proposal. Mr. Jim Hess, Citywide Printing, 2602 East Devon, Des Plaines, Illinois, was sworn in to give testimony in this case. Mr. Hess stated he leases space from Arthur J. Rogers and has operated his small commercial printing company at the same location for 20 years. Mr. Hess stated the 2 and 4 -color printing presses and other large equipment and machinery is not only difficult to move, but expensive. Noting preliminary relocation estimates of $30-40,000, Mr. Hess inquired as to how much time he would be given to relocate his business and equipment. Stating it appears Arthur J. Rogers cares about its tenants, Mr. Strusiner stated he is in constant contact with the company. Mr. Strusiner stated there is a series of various government approvals required and he has no way of knowing how long the process may take to complete and that the target start date is in spring. Mr. Strusiner added that there is a phasing plan that identifies the approach that has already been provided to the tenants who are initially affected. Mr. Strusiner stated that if Mr. Hess has not already received notice, he will probably receive notice soon. Mr. Strusiner noted that Arthur J. Rogers negotiated relocation clauses with the tenants at a lower rent in anticipation of the development. Mr. Strusiner added he believes the relocation clause requires 90 days notice and is confident the company 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 18 will exercise the clause when necessary. Mr. Strusiner offered to give Mr. Hess as much guidance as possible. Stating he understood Mr. Hess' predicament, Chairman Kowalski requested Mr. Strusiner give Mr. Hess his business card, which Mr. Strusiner did. Mr. Hess stated there was no plan for the casino at the time he renewed his lease. Mr. Hess added that Des Plaines had been generally cited as a community vying for the State License, but that the particular location had not been identified. Mr. Strusiner stated Arthur J. Rogers had been aware of the location since 2002. Mr. Hess inquired as to whether he would be permitted to operate during construction. Mr. Strusiner stated once notice is given, all buildings on the site would have to be vacated rather quickly. Chairman Kowalski called for additional questions or comments by members of the audience, either in favor of or in objection to the proposal. Ms. Diane Stefani, Building Manager, FAA, 2300 Devon Avenue, Des Plaines, Illinois, was sworn in to give testimony in this case. Ms. Stefani stated her offices were located in the O'Hare Lakes Office Park. Noting a fair amount of time was spent discussing traffic impact and that she is responsible for more than 600 employees in her facility, Ms. Stefani inquired as to the schedule for River Road and Devon closures during demolition. Mr. Shaffer stated that a sequencing plan had been determined by IDOT for the improvements previously planned. Mr. Shaffer stated the intent is to provide one north bound and one south bound lane on Des Plaines River Road throughout the entire construction process. Mr. Shaffer stated that initially, the east side of River Road will remain open and then the closure will flip. Mr. Shaffer added the intersection will be improved in stages in order to keep the intersection open at all times. Ms. Stefani inquired as to the disposition of on and off ramps that were previously discussed. Mr. Levin confirmed on and off ramps had been discussed, but that none were planned. Ms. Stefani inquired as to the demolition dates. Mr. Levin stated he is reluctant to provide an actual date because that is something he has to work out with the general contractor, but stated spring is the target time frame. Chairman Kowalski asked if was possible to be more specific. Mr. Levin stated it was not as there are a number of factors to consider including: financing, the Gaming Board, the vetting process for sub- contracts and etc. Mr. Levin added that six or seven different things must occur before the parkway work begins. Noting the plan includes a 15 -story building, Ms. Stefani presented Mr. Levin her business card. Mr. Levin stated he is aware that FAA and IDOT, as well as other approvals, are required but that he has not yet formally submitted any applications. Mr. Levin stated he would provide Ms. Stefani his business card. Chairman Kowalski called for additional questions or comments by members of the audience, either in favor of or in objection to the proposal. No persons came forward. Chairman Kowalski inquired as to whether the City preferred a single vote on all the issues included in the request or the requests addressed independently. Mr. Mangum stated the Commission could vote on each issue. 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 19 A motion was made by Bar, seconded by Niemotka, to recommend approval of a Preliminary Planned Unit Development (PUD) to allow for the construction of an approximately 140,000 square foot casino facility with 1,200 gaming positions and a 1,242 car parking structure and future phases consisting of expansion of the Phase I casino building to include additional retail and/or restaurant uses, expansion of the Phase I parking structure, and the construction of two new 11 and 15 -story hotels and a new parking structure. AYES: Bar, Niemotka, Kellerman, Perez, Kowalski NAYES: None MOTION CARRIED A motion was made by Niemotka, seconded by Kellerman, to recommend approval of a Text Amendment to create a new C-6, Large Entertainment/Casino, Zoning District with development standards and to include the two changes identified by Mr. Conlan. AYES: Niemotka, Kellerman, Perez, Bar, Kowalski NAYES: None MOTION CARRIED A motion was made by Kellerman, seconded by Perez, to recommend reclassification of the property from C-2, Limited Office Commercial, Zoning District to a new C-6, Large Entertainment/Casino, Zoning District. AYES: Kellerman, Perez, Niemotka, Bar, Kowalski NAYES: None MOTION CARRIED 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 20 A motion was made by Bar, seconded by Niemotka, to approve a Tentative Plat of Resubdivision of existing lots as requested to result in a total of three lots. AYES: Bar, Niemotka, Kellerman, Perez, Kowalski NAYES: None MOTION CARRIED On behalf of the Plan Commission and the City of Des Plaines, Chairman Kowalski welcomed the petitioner to the City and stated all are looking forward to having them here and wish them great success. 3000-3170 Des Plaines River Road, 2500-2610 E. Devon Avenue January 25, 2010 Page 21 A motion was made by Kellerman, seconded by Niemotka, to adjourn the meeting. The meeting was adjourned at 8:39 P. M. The next meeting of the Des Plaines Plan Commission is Monday, February 8, 2010. Sincerely, Carl Kowalski, Chairman Des Plaines Plan Commission Cc: City Officials Aldermen Plan Commission Petitioner(s)