09/11/2018Case #18-065-SUB 1674-1700 & 1710 Woodland Avenue
– Final Plat of Subdivision
Case #18-085-TA Citywide – Text Amendment
September 11, 2018
Page 1
DES PLAINES PLANNING AND ZONING BOARD MEETING
SEPTEMBER 11, 2018
MINUTES
The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday,
September 11, 2018, at 7 p.m. in Room 102 of the Des Plaines Civic Center.
ZONING BOARD
Chairman Szabo called the meeting to order at 7:01 p.m. and read this evening’s case. Roll call was
conducted.
PRESENT: Bader, Catalano, Fowler, Hofherr, Saletnik, Schell, Szabo
ALSO PRESENT: Johanna Bye, AICP, Senior Planner/Community & Economic Development
Patrick Ainsworth, Coord., Devel. Mgr./Community & Economic Development
Gale Cerabona/Recording Secretary
APPROVAL OF MINUTES
Last meeting’s minutes will be approved at the next meeting.
PUBLIC COMMENT
There was no Public Comment.
PUBLIC HEARING NEW BUSINESS
1. Address: 1674-1700 & 1710 Woodland Avenue Case 18-065-SUB
The petitioner is requesting a Final Plat of Subdivision, under Section 13-2-1 of Subdivision
Regulations of the City of Des Plaines Municipal Code, to subdivide the eastern 25’ of the property
at 1674-1700 Woodland Avenue for access to the property at 1710 Woodland Avenue.
PINs: 09-16-100-009-0000; 09-16-100-014-0000; 09-16-100-016-0000
Petitioner: David & Bozena Eck, 4151 N. Bloomington Avenue, Arlington Heights, IL 60018
Owner: David & Bozena Eck, 4151 N. Bloomington Avenue, Arlington Heights, IL 60018
Senior Planner Bye advised she is speaking on behalf of the Petitioner. She stated the City acquired
the property at 1710 Woodland through the FEMA Buyout Program. She noted the property was
demolished today. She stated that the property owner of 1674-1700 Woodland is subdividing the
Case #18-065-SUB 1674-1700 & 1710 Woodland Avenue
– Final Plat of Subdivision
Case #18-085-TA Citywide – Text Amendment
September 11, 2018
Page 2
eastern 25’ of the property for access to 1710 Woodland, as the City will need to maintain the
property (gut grass, etc.). The Staff Report is as follows:
Issue: The petitioner is requesting a Final Plat of Subdivision, under Section 13-2-1 of Subdivision
Regulations of the Des Plaines City Code, to subdivide the eastern 25’ of the property at 1674-
1700 Woodland Avenue for access to the property at 1710 Woodland Avenue.
Variation Report
Analysis:
Address: 1674-1700 and 1710 Woodland Avenue
Owner: David & Bozena Eck, 4151 N. Bloomington Avenue, Arlington
Heights, IL 60018
Petitioner: David & Bozena Eck, 4151 N. Bloomington Avenue, Arlington
Heights, IL 60018
Case Number: 18-065-SUB
Real Estate Index Numbers: 09-16-100-009-0000; 09-16-100-014-0000; 09-16-100-016-0000
Ward: #1, Alderman Mark Lysakowski
Existing Zoning R-1 Single-Family Residential
Existing Land Use Residential
Surrounding Zoning North: R-1 Single-Family Residential
South: R-1 Single-Family Residential
East: R-1 Single-Family Residential
West: R-1 Single-Family Residential
Surrounding Land Use North: Des Plaines River; Forest Preserve
South: Residential
East: Residential
West: Residential
Street Classification The Comprehensive Plan designates Woodland Avenue as a local
street
Comprehensive Plan Residential – Traditional Single Family is the recommended use
of the property
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– Final Plat of Subdivision
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Project Description The City of Des Plaines has acquired 1710 Woodland Avenue
through the FEMA Hazard Mitigation Buyout Program. The
program allows homeowners to voluntarily sell their homes that
are in the floodway and regularly flood to FEMA, who then deeds
the properties over to the City. The structures are then
demolished, and the lots must remain open space in perpetuity
and can never be re-developed.
In order to access and maintain 1710 Woodland Avenue, as well
as the vacant parcel to the north of 1710 Woodland Avenue, the
City has agreed with the property owner of 1674-1700 Woodland
Avenue to subdivide the eastern 25’. This access will also allow
for maintenance of the existing driveway to 1720 Woodland
Avenue. The subdivided parcel will be donated to the City at no
cost per the agreement with the current property owner.
Staff Recommendation: I recommend approval of the requested Final Plat of Subdivision to
subdivide the eastern 25’ of the property at 1674-1700 Woodland Avenue for access to the
property at 1710 Woodland Avenue.
Planning and Zoning Board Procedure: The Planning and Zoning Board may vote to recommend
approval, approval with modifications, or disapproval of the Final Plat of Subdivision. The City
Council has final authority over the Final Plat of Subdivision.
Chairman Szabo stated the City hasn’t provided any photographs.
Board Member Catalano asked:
• if we are paving to the northern edge. Senior Planner Bye advised – everything will
remain the same; no improvements can be made as all of the property is in the floodway
• what we will do with the property. Senior Planner Bye advised – it will remain
unimproved; it can never be developed
Board Member Hofherr asked:
• if we are just demolishing the 1710 property. Senior Planner Bye advised – yes
• if 1720 Woodland will remain as is. Senior Planner Bye advised – yes
Chairman Szabo swore in Petitioner, James Eck, 1720 Woodland Avenue, Des Plaines, IL, who
stated this provides access so a landscaping company can come in and cut the grass.
Board Member Hofherr asked if Mr. Eck would still live there. Mr. Eck responded he would.
Board Member Fowler asked:
• how the property is accessed now. Mr. Eck stated through the drive that’s there. He
explained the family dynamics of these properties.
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September 11, 2018
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• if Petitioner is for or against this. Mr. Eck stated he is for it, and he would be willing to cut
the grass at 1710 Woodland Avenue.
Chairman Szabo stated this is a done deal and looks like, as of today, the City owns 1710
Woodland. Senior Planner Bye stated she believes the City already owned it.
A motion was made by Board Member Hofherr, seconded by Board Member Schell, to recommend
approval to City Council for the Final Plat of Subdivision.
AYES: Hofherr, Schell, Saletnik, Bader, Fowler, Catalano, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Chairman Szabo advised a recommendation for approval would be submitted to City Council.
2. Address: Citywide Case 18-085-TA
The City of Des Plaines is requesting Text Amendments to the following sections of the 1998 Des
Plaines Zoning Code, as amended: (i) Section 12-3-6.G.1, Major Variations (City Council), to clarify
the authorized variations; (ii) Section 12-7-2.J, Residential Districts Bulk Matrix, to amend the
notes section regarding corner lots in the R-1 zoning district; (iii) Section 12-7-3.K, Commercial
Districts Use Matrix, to add “Alternative Tobacco Establishments” as a Conditional Use in the C-3
and C-4 zoning districts and to add use and buffer restrictions, and to add “Colleges and
Universities” as a Conditional Use in the C-2 and C-5 zoning districts; (iv) Section 12-7-4.G,
Manufacturing Districts Use Matrix, to add “Outdoor Bulk Material Facility” as a Conditional Use
to the M-2 zoning district with use restrictions, to omit “Leasing Agents, Heavy Equipment” from
the M-1 and M-2 zoning district, and to add “Commercial Motor Vehicle Sales and Leasing” as a
Conditional Use to the M-1 zoning district; (v) Section 12-9-7, Off Street Parking Requirements, to
add “Outdoor Bulk Material Facility” to the off-street parking regulations; (vi) Section 12- 10-2,
Enforcement of Landscaping Requirements, to amend and clarify this section; and (vii) Section 12-
13-3, Definitions, to add definitions for “Outdoor Bulk Material Facility”, “Alternative Tobacco
Establishments”, “Leasing/Rental Agents, Equipment”, “Leasing/Rental Agents, Vehicles” and to
amend the definitions of “Lot Line, Front” and “Yard, Front”.
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Owner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Coordinator Ainsworth referred to the Zoning Code Text Amendment handout. The Staff Report
is as follows:
Case #18-065-SUB 1674-1700 & 1710 Woodland Avenue
– Final Plat of Subdivision
Case #18-085-TA Citywide – Text Amendment
September 11, 2018
Page 5
Issue: The City of Des Plaines is requesting Text Amendments to the following sections of the
1998 Des Plaines Zoning Code, as amended: (i) Section 12-3-6.G.1, Major Variations (City Council),
to clarify the authorized variations; (ii) Section 12-7-2.J, Residential Districts Bulk Matrix, to amend
the notes section regarding corner lots in the R-1 zoning district; (iii) Section 12-7-3.K, Commercial
Districts Use Matrix, to add “Alternative Tobacco Establishments” as a Conditional Use in the C-3
and C-4 zoning districts and to add use and buffer restrictions, and to add “Colleges and
Universities” as a Conditional Use in the C-2 and C-5 zoning districts; (iv) Section 12-7-4.G,
Manufacturing Districts Use Matrix, to add “Outdoor Bulk Material Facility” as a Conditional Use
to the M-2 zoning district with use restrictions, to omit “Leasing Agents, Heavy Equipment” from
the M-1 and M-2 zoning district, and to add “Commercial Motor Vehicle Sales and Leasing” as a
Conditional Use to the M-1 zoning district; (v) Section 12-9-7, Off Street Parking Requirements, to
add “Outdoor Bulk Material Facility” to the off-street parking regulations; (vi) Section 12-10-2,
Enforcement of Landscaping Requirements, to amend and clarify this section; and (vii) Section 12-
13-3, Definitions, to add definitions for “Outdoor Bulk Material Facility”, “Alternative Tobacco
Establishments”, “Leasing/Rental Agents, Equipment”, “Leasing/Rental Agents, Vehicles” and to
amend the definitions of “Lot Line, Front” and “Yard, Front”.
Analysis:
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Case Number: #18-085-TA
Project Description: The City of Des Plaines is proposing several text amendments to
the Des Plaines Zoning Ordinance which are as follows:
• Amending the Authorized Variation section to clarify the type
of allowable variances;
• Amending the Residential Bulk Regulation Matrix to amend
the notes section to clarify corner lots;
• Adding “Alternative Tobacco Establishments” as a
Conditional Use to the C-3 and C-4 zoning district with use
and buffer restrictions;
• Adding, “Colleges and Universities” to the C-2 and C-5 zoning
districts as a Conditional Use;
• Adding the land use of “Commercial Motor Vehicle Sales and
Leasing” as a conditional use in the M-1 zoning district;
• Omitting “Leasing Agents, Heavy Equipment” from the M-1
and M-2 zoning districts;
• Adding “Outdoor Bulk Material Facility” as a Conditional Use
to the M-2 zoning district with use restrictions;
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Case #18-085-TA Citywide – Text Amendment
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• Adding an off-street parking requirement for “Outdoor Bulk
Material Facility” to the Off-Street Parking Requirements
section;
• Amending the Landscaping Requirements to clarify the
paragraph associated with Section 12-10-2;
• Amending or Adding the following terms to the Definition
section of the Zoning Ordinance:
o “Outdoor Bulk Material Facility”;
o “Alternative Tobacco Establishments”;
o “Leasing/Rental Agents, Equipment”;
o “Leasing/Rental Agents, Vehicles”;
o Amending “Lot Line, Front”; and
o Amending “Yard, Front”.
Updating the Regulations on Authorized Use Variations
Zoning Ordinance Section 12-3-6.G.1 identifies all types of variations including Minor Variations,
Standard Variations and Major Variations. However, use variations are not allowed and
prohibiting use variations is not exclusively listed in the current Zoning Ordinance. There has been
a consistent enforcement that the City of Des Plaines does not accept Variation Applications that
deviate from the District Use Matrices (e.g. Residential District Use Matrix, etc.). For example, an
applicant cannot apply for a use variation requesting to operate a new heavy manufacturing
facility on a property zoned R-1 Single Family Residential. While this interpretation of the Zoning
Ordinance has not been challenged, Community and Economic Development staff are proactively
amending this section to add this clarification. The proposed text amendment is as follows:
12-3-6: VARIATIONS:
Add/Amend:
A. Major Variations (City Council):
1. Authorized Variations: For all variations not authorized to be decided by the
zoning administrator or the planning and zoning board, the city council may
vary any other provision of this title, but no such variations shall be made
without a public hearing before the planning and zoning board. However,
both principal and accessory use variations are expressly prohibited.
As mentioned above, this additional statement will add clarification to the Zoning Ordinance and
protect properties in respective zoning districts from future incompatible uses. While every use
cannot be categorically identified in a Zoning Ordinance, Section 12-3-8.E, “Administrative
Interpretations, Standards for Use Interpretations” allows the Zoning Administrator to hear a case
Case #18-065-SUB 1674-1700 & 1710 Woodland Avenue
– Final Plat of Subdivision
Case #18-085-TA Citywide – Text Amendment
September 11, 2018
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made from a property owner or a property owner representative to classify a potential use that
would be effectively similar to an already codified use. If such application is made, then the Zoning
Administrator is supposed to act on the application and recommend approval or denial based on
five standards. Additionally, any application made for a use interpretation will be summarized
and reported on at least once a year. So far, in 2018, there have not been any applications
submitted for a use interpretation. However, the Zoning Ordinance contains built-in flexibility to
consider emerging uses that might be allowed in certain zoning districts without expressly
prohibiting them.
Clarifying Corner Lots in the R-1 Zoning District and Definition Section
There are conflicting regulations in the Zoning Ordinance with regards to determining the front
yard of a residential corner lot. This subsection proposes to eliminate the code conflicts and set
up a path to determine a front yard administratively. The first amendment touches on Section
12-7-2.J where staff is eliminating the first footnote as there is no direct citation of this note in
any matrix. The amendments are as follows:
12-7-2.J: RESIDENTIAL DISTRICTS BULK MATRIX
Add/Amend:
Bulk Controls R-1 R-2 R-3 R-4
Minimum Lot Width
Interior
6,875 sq.
ft.
2,800 sq.
ft. per DU
2,800 sq. ft.
per DU
10,000 sq.
ft.2 1
Corner
8,125 sq.
ft.
6,875 sq.
ft.
2,800 sq. ft.
per DU
10,000 sq.
ft.2 1
Notes:
1. Where a lot is located at the intersection of 2 or more streets, the required front yard
shall be observed on each street, provided, however, that the buildable width of such lot
shall not be reduced to 30 feet for the R-1 district. No accessory building shall project
beyond the front yard line on either street.
2 1. The minimum lot area per dwelling unit in the "R-4 central core residential district"
shall be either 10,000 square feet or shall be determined by the number of bedrooms in
the dwelling unit in accordance with the following table, whichever is greater:
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Case #18-085-TA Citywide – Text Amendment
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Staff has maintained the enforcement and interpretation that only one portion of the
property contains a front yard setback when the property is a corner lot. Determining which
portion of the property will be assigned the front yard designation is further elaborated on
in the Definitions section of the Zoning Ordinance:
12-13-1 DEFINITIONS:
Add/Amend:
LOT LINE, FRONT: That boundary of a lot which is along an existing or dedicated public street,
or where no public street exists, is along a private street or public way. In instances when a
property contains two property lines abutting either a dedicated public street, a private
street or public way and the length of the two property lines are within 10% difference of
each other, the Director of Community and Economic Development or his/her authorized
designee shall determine which property line is the front lot line. The front lot line
determination for corner lots shall take the location of abutting buildings into consideration
when assigning such regulation. The owner of a corner lot may determine either street lot line
as the front lot line.
YARD, FRONT: A yard extending along the full length of the front lot line between the side
lot lines. On corner lots, the front lot line shall be the shorter of the two lots separating the
property from the streets. be the lot line faced by the front door.
A graphic showing the clarification for front lot lines and corner lots is provided below.
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The goal of the above amendments are to omit the various references as to how the front yard
and front lot line are determined. It appears that the two definitions, “Front Lot Line” and “Front
Yard” were the original definitions from the 1998 Zoning Ordinance amendment, but the two
definitions are code conflicts and the new amendments eliminate this confusion.
Text Amendment for “Alternative Tobacco Establishments”
CED staff is introducing a new land use classification to the C-3 and C-4 zoning districts to assist
with enhancing local government control of this type of land use, alternative tobacco
establishments.
The intent of the Des Plaines Ordinance is best described as cited in Section 12-1-3 Purpose, “The
purpose of this zoning ordinance is to regulate and control the use and development of land
within the city of Des Plaines. It is designed to promote the public health, safety, and general
welfare”.
Staff finds the fast-growing land use of alternative tobacco establishments may impact the public
health, safety and welfare and is becoming a concern in terms of regulating the sale of such
products to age appropriate customers. Additionally, in the past six months, the City of Des Plaines
has received three business license applications for alternative tobacco establishments. As such
the proposed amendments for this specific land use is as follows:
12-7-3.K: COMMERCIAL DISTRICTS USE MATRIX
Add:
Case #18-065-SUB 1674-1700 & 1710 Woodland Avenue
– Final Plat of Subdivision
Case #18-085-TA Citywide – Text Amendment
September 11, 2018
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Uses C-1 C-2 C-3 C-4 C-5 C-6
C-7
Alternative
Tobacco
Establishments
C18 C18
18. Any Alternative Tobacco Establishment use established after October 15, 2018 shall
be a minimum of one mile from any other Alternative Tobacco Establishment and
shall also be a minimum of one mile distance from any public or private middle
school or high school. Note, Hookah Lounges do not fall under this land use category
as Hookah Lounges and any other establishment where tobacco or other oils are
inhaled on-site are expressly prohibited.
P = Permitted use
C = Conditional use permit required
12-13-1 DEFINITIONS:
Add:
ALTERNATIVE TOBACCO ESTABLISHMENTS: An establishment, the principal use or
purpose of which is for the retail sales of electronic cigarettes, nicotine and non-nicotine
vapor related items, nicotine salts, non-cannabis fragrances, vape machines/pens,
liquid nicotine/e-juice, rolling papers. In terms of primary use, the majority of the floor
area of the use and/or sales of all aforementioned items shall constitute this use.
"Alternative Tobacco Establishments" do not include any use otherwise listed
specifically in a zoning district as a permitted or conditional use. This definition does
not include the uses of medical cannabis cultivation center and medical cannabis
dispensing organization. This use shall follow the off-street parking regulation for Retail
Establishment.
CED Staff is proposing this amendment to declassify these types of retailers out of the current
“retail good establishment” land use and create a new category as there have been
enforcement issues involving the sale of such items to minors. This proposed text amendment
will not resolve the local enforcement challenges, but rather assist with reducing the
clustering of such businesses and the placement near middle schools and high schools. Please
see Attachment #2 for a visual showing the locations of middle schools, high school and the
existing alternative tobacco establishments. Any future alternative tobacco establishment
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September 11, 2018
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will have to go before the Planning and Zoning Board as well as City Council to obtain a
conditional use permit.
Note, the City of Des Plaines worked on a similar initiative regarding consumer loan lenders
due to the clustering effect and their predatory lending practices.
Text Amendment for “Colleges and Universities”
To continue the enhancement of the Zoning Ordinance and to assist with advancing the City’s
Strategic Plan Focus 2022, staff is recommending to add the use of “Colleges and Universities” to
two commercial zoning districts as conditional uses. Staff recommended a reduction in the
required off-street parking requirement for colleges and universities in a prior text amendment
case which was unanimously approved by City Council. CED staff is now proposing the following
text amendment with regards to assisting implementation of the City’s Strategic Plan.
12-7-3.K: COMMERCIAL DISTRICTS USE MATRIX
Add:
Uses C-1 C-2 C-3 C-4 C-5 C-6
C-7
Colleges and
Universities
C C
The C-2 zoning district is the Limited Office district and the City of Des Plaines contains over
5,000,000 square feet of office space with an estimated vacancy rate between 14% and 16%.
Adding colleges and universities to the C-2 zoning district can help both attract a higher learning
institution to our community and may assist with reducing the office vacancy rate. The other
district staff is proposing to add colleges and universities as a conditional use in the C-5 Central
Business District as the existing multi-modal transportation system located in the downtown lends
itself as an ideal location to attract such an organization.
Text Amendment for “Outdoor Bulk Material Facility”
CED staff has been asked to introduce a new land use under the Des Plaines Zoning Ordinance to
assist an existing property owner.
12-7-4.G: MANUFACTURING DISTRICTS USE MATRIX
Add/Amend:
Case #18-065-SUB 1674-1700 & 1710 Woodland Avenue
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Uses M-1 M-2 M-3
Outdoor Bulk
Material Facility
C4
P = Permitted use
C = Conditional use permit required
Notes: 4. Outdoor Bulk Material Storage shall only be allowed on the 1200 and 1300
blocks of East Golf Road. All outdoor storage areas shall be completely screened with
either a solid masonry or wood fence and no outdoor materials shall exceed the height of
the solid fence.
12-9-7: OFF STREET PARKING REQUIREMENTS
Add/Amend:
Industrial Uses:
Outdoor Bulk
Material Facility
1 space for every 3,000 square feet of outside area dedicated to
outdoor bulk material storage and 1 space for every 1,000 square
feet of gross floor area of any building or structure serving this land
use
12-13-1 DEFINITIONS:
Add:
OUTDOOR BULK MATERIAL FACILITY: An establishment used or occupied for the primary
purposes of outdoor construction material storage, acceptance and transfer of landscape
debris and stone or concrete crushing operations. This definition does not include the uses
of warehouse, trade contractors, commercial storage, contractor’s storage yard and
commercial truck parking lot. "Outdoor Bulk Material Facility" does not include any use
otherwise listed specifically in a zoning district as a permitted or conditional use.
The existing property owner who desires to open a business for this type of operation will have
to come before the Planning and Zoning Board as well as City Council in order to seek such
approvals as this use is proposed as a conditional use.
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Text Amendments Involving the Land Uses of “Leasing Agents,” and “Commercial Motor
Vehicle Sales and Leasing”
The next Zoning Ordinance text amendment continues the consolidation efforts that were
identified in the last text amendment case (#18-050-TA).
12-7-4.G: MANUFACTURING DISTRICTS USE MATRIX
Add/Amend:
Uses M-1 M-2 M-3
Leasing Agents,
Heavy Equipment
C P
Commercial
Motor Vehicle
Sales and Leasing
C C
P = Permitted use
C = Conditional use permit required
While the use of “Commercial Motor Vehicles and Leasing” was addressed in the last text
amendment case, this text amendment is proposing to remove “Leasing Agents, Heavy
Equipment” from the Zoning Ordinance as this land use is now covered under “Commercial Motor
Vehicles and Leasing”. Additionally, the land use of “Leasing Agents, Heavy Equipment” does not
have a definition in the current Zoning Ordinance. As such, the elimination of this land use and
the addition of “Commercial Motor Vehicle Sales and Leasing” assist with consolidating like uses
and add clarification to the Des Plaines Zoning Ordinance.
This text amendment is also proposing to add Commercial Motor Vehicle Sales and Leasing as a
Conditional Use in the M-1 zoning district to assist with consistency of the current zoning
regulations and leasing equipment-based businesses.
To continue with enhancing the Zoning Ordinance by ensuring that each land use contains a
matching definition in the Zoning Ordinance Definition Section, the following amendments are
being made:
12-13-1 DEFINITIONS:
Add:
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LEASING/RENTAL AGENTS, EQUIPMENT: An establishment, the principal use or purpose of
which is the rental of equipment which includes the following general items: personal hand
and power tools, small-scale air compressors, trailers with 1900 pound capacity or less, lawn
and garden equipment, residential generators, floor and carpet cleaners, heaters, fans,
ladders, painting and wallpaper equipment. “Leasing/Rental Agents, Equipment" shall not
include any use otherwise listed specifically in a zoning district as a permitted or conditional
use. The display of motor vehicles for lease shall be allowed in all required yards but may
not be in conflict with other provisions of this Article. This use shall follow the off-street
parking regulation for Service Establishments to accommodate employee, guest and related
vehicle parking.
LEASING RENTAL/AGENTS, VEHICLE: An establishment, the principal use or purpose of
which is for the lease or rental of motorized vehicles, including, but not limited to,
automobiles, personal trucks, recreation vehicles, snowmobiles, boats, and motorcycles.
"Leasing/Rental Agents" shall include accessory car wash and auto detailing, all of which
must take place within the primary building or structure. "Leasing/Rental Agents, Vehicle“
shall not include “Commercial Motor Vehicle Sales and Leasing”, “Leasing/Rental Agents,
Equipment” or any use otherwise listed specifically in a zoning district as a permitted or
conditional use. The display of motor vehicles for lease shall be allowed in all required yards
but may not be in conflict with other provisions of this Article. This use shall follow the off-
street parking regulation for Automotive Sales Lots to accommodate employee, guest and
related vehicle parking.
Note, “Leasing/Rental Agents, Equipment” is a current land use found in the existing Zoning
Ordinance and it is a conditional use in the C-3, C-4, M-1 and a permitted use in the M-2. “Leasing
Rental/Agents, Vehicle” is a permitted use in the C-3, C-5 and M-2 districts and a conditional use
in the M-1 zoning district. As mentioned above, staff is proposing to add these definitions to
further enhance the enforcement of the Zoning Ordinance.
Text Amendment to Clarify Landscaping Requirements
In 2014, Ordinance Z-11-14 disbanded the Architectural Commission and transferred the design
review procedures to specific City staff. However, the first paragraph Section 12-10-2,
“Enforcement of Landscape Requirements” still contains a reference to this commission. Staff
has consistently enforced the landscape requirements of this chapter; however, the text needs to
be amended to reflect the current procedure for handling landscape plans in relationship to a
building permit. The amended text is as follows:
12-10-2 ENFORCEMENT OF LANDSCAPING REQUIREMENTS:
Amend:
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Wherever a landscape plan is required by this title, such plan shall become an integral part
of any building permit application. No building permit shall be issued without first obtaining
approval of a required landscape plan by the architectural commission by the Director of
Community and Economic Development or his/her authorized designee. Failure to
implement an approved landscape plan shall be deemed a violation of this title and subject
to the procedures of chapter 4, "Enforcement And Penalties", of this title.
The proposed text amendment is in-line with the intent of the 2014 change. The proposed text
will require staff to review a proposed landscape plan in accordance with the existing landscape
ordinance and ensure compliance while a project is under permit review. Again, amending this
specific code section will have the Zoning Ordinance align with the current procedure for
reviewing landscape plans.
Standards for Zoning Ordinance Text Amendment:
To analyze this text amendment request, the standards for amendments contained in Section 12-
3-7.E of the Zoning Ordinance are used. Following is a discussion of those standards.
1. Whether the proposed amendment is consistent with the goals, objectives, and policies of
the comprehensive plan, as adopted and amended from time to time by the city council;
The 2007 Comprehensive Plan contains an Implementation Goal and Objective which states
the following:
GOAL:
Amend and enforce City Ordinances, as appropriate to support the purposes
of the Plan.
OBJECTIVE:
a. Revise the City’s zoning ordinance, so as to plan for and implement
redevelopment in neighborhoods, commercial corridors, and the
industrial sector.
This Comprehensive Plan section applies to all of the proposed text amendments. The
overarching goal of this text amendment application is to clarify, enhance and modernize the
20 year old Zoning Ordinance. In general, the aforementioned text amendments assist with
enhancing business opportunities while protecting nearby properties from potential hazards,
clarify specific code sections to eliminate code conflicts and update certain sections of the code
to match emerging land use trends.
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2. Whether the proposed amendment is compatible with current conditions and the overall
character of existing development;
The proposed text amendments help to modernize the Zoning Ordinance and ensure the
proposed amendments are compatible with the overall character of existing development. The
continued unification of rental equipment agencies will assist the City with ensuring that such
land uses are compatible with existing developments. The addition of “Commercial Motor
Vehicle Sales and Leasing” as a conditional use in the M-1 allows for an increased variety of
land uses, but having this as a conditional use help to ensure compatibility with existing
development. The various definition additions will assist with enforcing the Zoning Ordinance
and maintain the overall character of existing development.
3. Whether the proposed amendment is appropriate considering the adequacy of public
facilities and services available to this subject property;
All proposed amendments are not anticipated to impact public facilities and available services.
4. Whether the proposed amendment will have an adverse effect on the value of properties
throughout the jurisdiction; and
All proposed amendments will not have an adverse effect on property values throughout the
City. There are several mechanisms to control any potential impacts such as assigning land
uses as conditional uses, adding screening and buffering requirements as well as providing
detailed definitions to assist with enforcement control of potential hazards.
5. Whether the proposed amendment reflects responsible standards for development and
growth.
The proposed text amendment to clarify the variation section to ensure that use variations are
not requested will ensure responsible growth. Amending the Zoning Ordinance to eliminate
any code conflicts with corner lots and front yards will also ensure responsible standards for
development and growth. Introducing “Alternative Tobacco Establishments” a conditional use
with distance buffers helps to ensure that this emerging land use does not create a cluster
effect and additional enforcement issues throughout the community. Adding “Colleges and
Universities” to the C-2 and C-5 zoning districts as a conditional use will assist Des Plaines with
both attracting a new higher learning institution and potentially reducing office vacancy.
Continuing with the land use consolidation of vehicle and equipment sales and leasing as well
as introducing definitions for existing land uses will help enhance our code and ensure
responsible land use standards are applied. Adding “Outdoor Bulk Material Facility” as a
conditional use to the M-2 with land use limitations will assist an existing property owner to
potentially open a new type of business as well as protect abutting commercial/industrial
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properties. Finally, several definitions were either amended or added to assist with the
continual modernization efforts of the Des Plaines Zoning Ordinance.
Recommendation: The Community and Economic Development Department recommends
approval of the proposed text amendments to the 1998 Des Plaines Zoning Ordinance, as
amended: i) Section 12-3-6.G.1, Major Variations (City Council), to clarify the authorized
variations; (ii) Section 12-7-2.J, Residential Districts Bulk Matrix, to amend the notes section
regarding corner lots in the R-1 zoning district; (iii) Section 12-7-3.K, Commercial Districts Use
Matrix, to add “Alternative Tobacco Establishments” as a Conditional Use in the C-3 and C-4
zoning districts and to add use and buffer restrictions, and to add “Colleges and Universities” as a
Conditional Use in the C-2 and C-5 zoning districts; (iv) Section 12-7-4.G, Manufacturing Districts
Use Matrix, to add “Outdoor Bulk Material Facility” as a Conditional Use to the M-2 zoning district
with use restrictions, to omit “Leasing Agents, Heavy Equipment” from the M-1 and M-2 zoning
district, and to add “Commercial Motor Vehicle Sales and Leasing” as a Conditional Use to the M-
1 zoning district; (v) Section 12-9-7, Off Street Parking Requirements, to add “Outdoor Bulk
Material Facility” to the off-street parking regulations; (vi) Section 12-10-2, Enforcement of
Landscaping Requirements, to amend and clarify this section; and (vii) Section 12-13-3,
Definitions, to add definitions for “Outdoor Bulk Material Facility”, “Alternative Tobacco
Establishments”, “Leasing/Rental Agents, Equipment”, “Leasing/Rental Agents, Vehicles” and to
amend the definitions of “Lot Line, Front” and “Yard, Front”.
Planning & Zoning Board Procedure: Pursuant to Sections 12-3-7.D.3 of the Zoning Ordinance,
the Planning and Zoning Board may vote to recommend approval, approval with modifications, or
disapproval. The City Council has final authority over the Text Amendments.
Coordinator Ainsworth stated this Text Amendment is for clarification, modernization,
enhancement, etc. He explained the following:
• Updating the Regulations on Authorized Use Variations
o We don’t allow for Use Variations; amend the text to clarify this
• Clarifying Corner Lots in the Various Districts and Definition Sections
o These go hand-in-hand; currently determined by two conflicting codes. One
section says the homeowner can chose which is the front yard on corner lots, and
one section says it’s where the front door is located. Staff is proposing that the
shorter of the two lot lines be the front lot line/front yard. Staff will determine
administratively if there is less than a 10% difference in length between the lot
lines abutting the streets. He illustrated corner lots/yards and that the context of
the surrounding properties will be considered.
Board Member Schell asked:
• if this is an issue 6 times per day or 6 times per year. Senior Planner Bye advised
– 6 times per year, but there can be more given the level of permits.
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• why it matters; we don’t treat both sides as front yards (front door vs.
homeowner’s decision). Coordinator Ainsworth stated the City is trying to be
flexible and help clarify which is the front yard on corner lots for consistency
purposes.
Board Member Saletnik asked if there are fence heights in front yards vs. side yards.
Senior Planner Bye advised – a front yard must be no more than 4 ft.; a side yard must be
no more than 6 ft.
Board Member Hofherr asked for clarification on where a 6 ft. fence could be located on
a corner lot. Senior Planner Bye advised – a 6 ft. fence can be located no closer to the
front lot line than the front building line of the existing house. Coordinator Ainsworth
illustrated a non-conforming house built in 1910. He noted the context is taken into
consideration.
• Alternative Tobacco Establishments
o Such establishments were illustrated (there have been enforcement issues).
Coordinator Ainsworth advised he is working with the Police Department on this
particular land use text amendment.
This Text Amendment will not allow such new establishments in the downtown nor within
one mile of middle and high schools. They may not be located closer than one mile from
another existing establishment. Coordinator Ainsworth read the new language.
Board Member Fowler asked:
• what we do with the existing ones. Coordinator Ainsworth stated when they
close, they cannot reopen or expand if they are in the downtown district. Board
Member Fowler stated they already have.
• if we will have a code about their signage. Coordinator Ainsworth stated there is
case law about this. He noted the sign regulations are being worked on. Possibly
down the road.
• Colleges and Universities
o This text amendment will advance the City’s Strategic Plan. The natural locations
would be C-2 & C-5.
Board Member Hofherr asked if there currently are Colleges or Universities looking in Des
Plaines. Coordinator Ainsworth stated – no, we will zone it then potentially seek out such
organizations.
• Outdoor Bulk Material Facility
o This land use would be a Conditional Use in the M-2 district. Coordinator
Ainsworth explained same. Outdoor storage and operations must fenced off.
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Chairman Szabo asked if this is Des Plaines Material & Supply. Coordinator Ainsworth
stated – yes, they want to expand but, they are unable to because they are currently non-
conforming and the use they are proposing does not exist. He gave a history and stated
this will be a case-by-case basis, as a Conditional Use is required for this new use.
Board Member Schell asked what they wish to store. Coordinator Ainsworth advised –
storage of outdoor construction materials, etc. He explained IEPA requirements.
Chairman Szabo asked/stated:
• if this is Des Plaines Material & Supply and Mauro’s property. Senior Planner Bye
advised it is.
• he doesn’t want to pick on a company that has been there a long time.
Coordinator Ainsworth stated there is no change to ownership of land. Proposed
use must be a Conditional Use.
• it sounds like we’re changing the rules before he comes to see us. Senior Planner
Bye stated – they have to rezone and request a new Conditional Use. Coordinator
Ainsworth stated buffering, screening will be recommended; Staff will work
diligently to mitigate issues.
Board Member Schell asked:
• how close the Day Care is. Senior Planner Bye stated it is farther to the east (300-
400 ft.).
• how much dust this will bring. Coordinator Ainsworth stated controls are in place,
such as dust particulates cannot cross property lines.
Chairman Szabo reiterated he doesn’t wish to penalize anyone. Board Member Fowler
reminded this is a change of use. Coordinator Ainsworth elaborated on crushing
stone/concrete, etc..
Board Member Saletnik stated equipment larger than 8 ft. might need to be indoors if it
has to be fully screened. Senior Planner Bye stated the equipment can be higher than 8
ft.; it’s the materials that need to be fully screened by a fence.
Chairman Szabo explained crushed stone/concrete is used for recycling purposes
(in/under driveways, etc.).
Board Member Hofherr cited an example of this. He stated the property across the street
was rezoned years ago. Coordinator Ainsworth advised the PZB that there safeguards will
be in place.
Board Member Catalano stated:
• it seems like we’re targeting a certain business, though this is the only way they
can expand their business. Coordinator Ainsworth further explained IEPA’s
standards.
Case #18-065-SUB 1674-1700 & 1710 Woodland Avenue
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• Lease Agents and Commercial Motor Vehicle Sales and Leasing
o Leasing Agents, Heavy Equipment is being removed.
o Existing land uses in C districts:
Leasing/Rental equipment refers to household items
Leasing Rental/Agent Vehicles refers to personal vehicles
• Clarifying Landscaping Requirements
o As the Architectural Review Commission (ARC) has been disbanded, the text by
the architectural commission is being eliminated.
Coordinator Ainsworth thanked everyone for consideration all of the amendments.
A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend
approval to City Council of the Proposed Text Amendments.
AYES: Hofherr, Catalano, Bader, Fowler, Saletnik, Szabo
NAYES: Schell
***MOTION CARRIED UNANIMOUSLY***
Chairman Szabo advised a recommendation for approval would be submitted to City Council.
OLD BUSINESS
• Comprehensive Plan
Senior Planner Bye referenced the Comprehensive Plan and asked for comments/changes to the
draft plan by September 21, 2018. She advised City Council is reviewing same. A public open
house is scheduled to take place on October 11, 2018 to review the draft plan. Board Member
Fowler asked, since downtown Des Plaines is the last chapter, if this is in any order of priority.
Senior Planner Bye responded it is not. She suggested Board members forward an email to her
of suggested changes.
• Upcoming Events
Coordinator Ainsworth stated there would be a Restaurant, Retail Storefront Tour to
reinvigorate downtown on October 19, 2018. He encouraged everyone to pass the word for new
potential business owners to attend. City Staff will speak, and the City’ grant program will be
discussed.
• Next Meeting
Senior Planner Bye advised there will not be a meeting on September 25, 2018.
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ADJOURNMENT
A motion was made by Board Member Fowler, seconded by Board Member Catalano, to adjourn the
meeting at 8 p.m. On a voice vote, the motion carried unanimously.
Sincerely,
Gale Cerabona, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners