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11/27/2018Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING NOVEMBER 27, 2018 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, November 27, 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 cases. Roll call was established. PRESENT: Catalano, Fowler, Hofherr, Saletnik, Schell, Szabo ABSENT: Bader ALSO PRESENT: Michael McMahon, Director/Community & Economic Development Patrick Ainsworth, Coord., Devel. Mgr./Community & Economic Development Gale Cerabona/Recording Secretary APPROVAL OF MINUTES Board Member Hofherr asked that spellings of Touhy and Hofherr be corrected on Page 11. A motion was made by Board Member Hofherr, seconded by Board Member Fowler, to approve the minutes of November 13, 2018, as amended. AYES: Catalano, Fowler, Hofherr, Saletnik, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** PUBLIC COMMENT There was no Public Comment. PUBLIC HEARING NEW BUSINESS 1. Address: 1269 Golf Road Case 18-102-CU-MAP-V The petitioner is requesting the following items: i) a Map Amendment under Section 12-3-7 of the Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 2 1998 Des Plaines Zoning Code, as amended, to rezone the property from C-2 Limited Office to M- 2 General Manufacturing; ii) a Conditional Use Permit under Section 12-7-4(G) of the 1998 Des Plaines Zoning Code, as amended, to allow for an Outdoor Bulk Material Facility in the M-2 district; and iii) Major Variations under Section 12-7-4(H) of the 1998 Des Plaines Zoning Code, as amended, to expand the existing structure on the lot. PINs: 09-17-200-116-0000 & 09-17-200-117-0000 Petitioner: Jason Doland, Doland Engineering, 334 E. Colfax Street, Unit C, Palatine, IL 60067 Owner: 1269 Golf Series of Northwest Development, LLC, 1269 E. Golf Road, Des Plaines, IL 60016 Chairman Szabo swore in Jason Doland, Doland Engineering, 334 E. Colfax Street, Unit C, Palatine, IL & Pat Morrow, Owner’s Representative, 1269 E. Golf Road, Des Plaines, IL. Mr. Doland advised the following is being requested: • Zoning from C-2 to M-2 (of which it was previously zoned) • Conditional Use Permit for an Outdoor Bulk Material Facility • Variations to conform – front and side setbacks, raised roof He offered a PowerPoint presentation including: • Zoning Map • Property and surroundings • Plat of Survey • Asphalt, gravel lot • Site Plan • Signage, lighting will be removed in right-of-way • Four dedicated parking spaces (paved asphalt) • Existing business will remain; proposed use is complementary • Elevations • Existing photos (building, storage…) • Waste (ISPA-regulated) will be removed within 24 hours • Hours (will close by 4 p.m.) • Material storage bins • Outdoor processing Chairman Szabo thanked Petitioner for a very thorough presentation. Board Member Hofherr asked/stated: • regarding Condition (of approval) #3, will the other area be resurfaced? Mr. Doland stated – in the parking spaces, but not in the back • if you are cleaning up the property, this would be the time to do it. A permeable surface is recommended. Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 3 • to add a public sidewalk on Golf Road going west to eastern property line. Coordinator Ainsworth advised – this is IDOT’s jurisdiction, and this business doesn’t have pedestrian traffic. Board Member Hofherr concurred but continued that the neighboring nursing home has a sidewalk; IDOT may not disagree. Board Member Schell stated/asked: • he would like Corporation Counsel’s (Holland and Knight) thoughts on this; would like to see a sidewalk • why zoning was changed. Coordinator Ainsworth stated --- the hospital to the north identified expansion plans in the 1990s; the City facilitated a rezoning of this project. The hospital did not expand, but the property was rezoned and the petitioner wishes to rectify this. • if the neighbors are fine with the petitioner’s request. Coordinator Ainsworth stated that notices was sent out and that there were no comments or concerns received. Board Member Catalano asked: • the facility closes at 4 p.m. Will the concrete continue to be crushed after hours? Petitioner advised – yes, this may be possible until 5 or 6 p.m. or on Saturdays. • Staff, if there are noise restrictions. Coordinator Ainsworth advised – there is a noise ordinance and a condition regarding dust particulate. Director McMahon stated on the Operations Plan, it indicates everything closes at 4 p.m. Mr. Doland concurred. Chairman Szabo asked: o if Petitioner crushes concrete currently. Mr. Morrow advised – yes o Petitioner if there have been any complaints. Mr. Morrow advised – no, it’s a quiet machine. Chairman Szabo asked if anyone in the audience is in favor or objects to this proposal. The following came forward: • Michael Van Slambrouck 16 Mary Street Mr. Van Slambrouck stated he is here as a neighbor and is supportive. Regarding the changing of the zoning, it is difficult to change. This is an industrial zoning area. This business is C-2. He advised he is both jealous and supportive. He believes the zoning is inappropriate. This is a manufacturing area with large utility lines. The zoning was changed due to the TIF (that failed). Mr. Van Slambrouck noted he fought the TIF in the past. He would like to see more support from the City. He is interested in improvements. He stated this is a good thing and asked the Board to support this proposal. Coordinator Ainsworth stated Staff has developed a Text Amendment. Mr. Van Slambrouck advised he knows Staff is working hard and wants the City to help everyone’s business. Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 4 Chairman Szabo asked Staff to provide the Staff Report which Coordinator Ainsworth did: Issue: The petitioner is requesting the following items: i) a Map Amendment under Section 12-3- 7 of the 1998 Des Plaines Zoning Code, as amended, to rezone the property from C-2 Limited Office to M-2 General Manufacturing; ii) a Conditional Use Permit under Section 12-7-4(G) of the 1998 Des Plaines Zoning Code, as amended, to allow for an Outdoor Bulk Material Facility in the M-2 district; and iii) Major Variations under Section 12-7-4(H) of the 1998 Des Plaines Zoning Code, as amended, to add a partial upper floor to the building on the lot. Analysis: Address: 1269 E. Golf Road Owner: 1269 Golf Series of Northwest Development, LLC, 1269 E. Golf Road, Des Plaines, IL 60016 Petitioner: Jason Doland, Doland Engineering, 334 E. Colfax Street, Unit C, Palatine, IL 60067 Case Number: 18-102-CU-V-MAP Real Estate Index Numbers: 09-17-200-116-0000 & 09-17-200-117-0000 Ward: #1, Alderman Mark A. Lysakowski Existing Zoning: C-2 Limited Office Commercial District Existing Land Use: Wholesale Supplier Surrounding Zoning: North: I Institutional South: C-2 Limited Office Commercial District and M-2 General Manufacturing District East: C-2 Limited Office Commercial District West: C-2 Limited Office Commercial District Surrounding Land Use: North: Hospital South: Manufacturing East: Assisted Living West: Auto Repair Street Classification: Golf Road is an arterial street Comprehensive Plan: The Comprehensive Plan designates the site as Commercial Office. Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 5 Project Description: The applicant, Jason Doland on behalf of Pasquale Mauro, has requested a Conditional Use Permit, Map Amendment and Variations in order to add a vertical addition to the existing building as well as to operate a new business on the site under the classification of Outdoor Bulk Material Facility. Currently, the property is zoned C-2, Limited Office Commercial District, but the City of Des Plaines rezoned the property to the current district in the late 1990s. The former zoning district was M-2 General Manufacturing district. The subject property is 1.62 acres in size and is comprised of two separate PINs, which are currently improved with a one and one-half story building and an outside storage yard that comprises the business of Des Plaines Material & Supply. If approved for all requests, the business owner plans to operate the current business and the proposed business out of the same property. Please see the Application Narrative (Attachment 1) for more specific details on the uses associated with the requested Outdoor Bulk Material Facility. The proposed business use, an Outdoor Bulk Material Facility, was recently added land use as part of text amendment application #18-085-TA. The text below was added to the Des Plaines Zoning Ordinance for this land use: 12-7-4.G: MANUFACTURING DISTRICTS USE MATRIX 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. Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 6 12-9-7: OFF STREET PARKING REQUIREMENTS 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 building serving this land use 12-13-1 DEFINITIONS: 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 petitioner proposes to add a vertical addition to the existing building on the property which does not meet the setback requirements of the proposed M-2 zoning district; however, the vertical expansion of the building will not project any taller than the existing height and it will not expand the footprint of the existing building. The new vertical addition will result in a pitched roof which will expand attic storage. Please see Attachment #2 for the elevations of the building addition. The setbacks of the building compared to the M-2 and C-2 district can be found in the table below: Bulk Matrix for 1269 E Golf Road Bulk Regulation Proposed/Current C-2 zoning M-2 zoning (proposed) Front Yard *39.33 feet Five feet 50 feet Side Yard (east) 123.18 feet Five feet 50 feet Side Yard (west) *1.44 feet Five feet 50 feet Rear Yard Approx. 190 feet 25 feet 50 feet Bldg. Height Approx. 20 feet 45 feet 60 feet * Indicates a requested variation from the proposed M-2 zoning district bulk regulations. Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 7 If the petitioner is successful in obtaining a Conditional Use Permit to operate an Outdoor Bulk Material Facility, then four off-street parking spaces are required. The proposed Site Plan (Attachment #2) shows the location of the four new parking spaces. Zoning Map Amendment Findings As required, the proposed amendment is reviewed below in terms of the standards contained in Section 12-3-7(E) of the Zoning Ordinance: A. Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan. Comment: Please see the applicant’s response to the Standards for Map Amendment approval. B. Whether the proposed amendment is compatible with the current conditions and the overall character of existing developments in the immediate vicinity of the subject property. Comment: Please see the applicant’s response to the Standards for Map Amendment approval. C. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to the subject property. Comment: Please see the applicant’s response to the Standards for Map Amendment approval. D. Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction. Comment: Please see the applicant’s response to the Standards for Map Amendment approval. E. Whether the proposed amendment reflects responsible standards for development and growth. Comment: Please see the applicant’s response to the Standards for Map Amendment approval. Conditional Use Findings Conditional Use requests are subject to the standards set forth in Section 12-3-4(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: Please see the applicant’s response to the Standards for Conditional Use approval. Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 8 B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: Please see the applicant’s response to the Standards for Conditional Use approval. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: Please see the applicant’s response to the Standards for Conditional Use approval. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: Please see the applicant’s response to the Standards for Conditional Use approval. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage buildings, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: Please see the applicant’s response to the Standards for Conditional Use approval. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: Please see the applicant’s response to the Standards for Conditional Use approval. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: Please see the applicant’s response to the Standards for Conditional Use approval. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: Please see the applicant’s response to the Standards for Conditional Use approval. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: Please see the applicant’s response to the Standards for Conditional Use approval. Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 9 J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: Please see the applicant’s response to the Standards for Conditional Use approval. Variation Findings Variation requests are subject to the standards set forth in Section 12-3-6(H) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: 1. Hardship: No variation shall be granted pursuant to this subsection H unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty: Comment: Please see the applicant’s response to the Standards for Variation approval. 2. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, building, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot: Comment: Please see the applicant’s response to the Standards for Variation approval. 3. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title: Comment: Please see the applicant’s response to the Standards for Variation approval. 4. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other lots subject to the same provision: Comment: Please see the applicant’s response to the Standards for Variation approval. 5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot: Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 10 Comment: Please see the applicant’s response to the Standards for Variation approval. 6. Title And Plan Purposes: The variation would not result in a use or development of the subject lot that would be not in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan: Comment: Please see the applicant’s response to the Standards for Variation approval. Planning and Zoning Board Procedure: Under Section 12-3-4(D) (Procedure for Review and Decision for Conditional Uses), Sections 12-3-6(G)2 (Procedure for Review and Decision for Variations), and 12-3-7(D)3 (Procedure for Review and Decision for Amendments) of the Zoning Ordinance, the Planning and Zoning Board has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned petition. The City Council has final authority over the proposal. Should the Planning and Zoning Board recommend approval, then the following conditions should be added to the petition: Conditions of Approval: 1) That the proposed improvement to the building be in substantial conformance with the attached drawing. Any future expansion may require a new variation request. 2) That no portion of the proposed vertical expansion of the building shall be closer to the west property line than 1.44 feet including any gutters and eaves. 3) All new off-street parking spaces shall be improved with a dust-free hard surface and comply with all other regulations. 4) A Dust Control and Mitigation Detail Plan shall be submitted to the Community and Economic Development Department at time of submitting a Business License Application for the proposed business. Details in the plan shall made so as to comply with Code Section 12-12-13. 5) No outdoor material or product storage shall ever exceed eight feet in height from established grade. 6) Any portion of the property that needs to be improved with a solid masonry or wood fence shall be addressed within 180 days of obtaining a Conditional Use Permit to operate an Outdoor Bulk Material Facility. 7) No materials, products, equipment, signs or displays shall be placed in the public right- of-way. All existing private improvements in the right-of-way shall be removed within 60 days of City Council approval. 8) Any new materials stored outside shall be in metal bins and/or elevated on pallets to reduce potential infestation issues. Board Member Catalano asked if Petitioner is aware of all Conditions and has any problems with them. Mr. Doland advised – yes, there are no issues. Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 11 A motion was made by Board Member Catalano, seconded by Board Member Saletnik, to recommend approval to City Council with Conditions as stated for MAP Amendment (C-2 to M-2), Conditional Use Permit, & Major Variations. Board Member Hofherr amended that a 9th Condition be inserted to add a sidewalk. Board Members Catalano & Saletnik did not accept the amendment as there is not a pedestrian area, and it might affect IDOT. AYES: Catalano, Saletnik, Fowler, Hofherr, Szabo NAYES: Schell ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be submitted to City Council. 2. Address: 1331 Golf Road Case 18-103-MAP-V The petitioner is requesting a Map Amendment under Section 12-3-7 of the 1998 Des Plaines Zoning Code, as amended, to rezone the property from C-2 Limited Office to M-2 General Manufacturing and Major Variations under Section 12-7-4(H) of the 1998 Des Plaines Zoning Code, as amended, for the existing structure on the lot. PIN: 09-17-200-055-000 Petitioner: Jason Doland, Doland Engineering, 334 E. Colfax Street, Unit C, Palatine, IL 60067 Owner: Golf-Redeker, LLC, 1251 Redeker Road, Des Plaines, IL 60016 Mr. Jason Doland, Doland Engineering, 334 E. Colfax Street, Unit C, Palatine, IL stated the request is to: • rezone from C-2 to M-2 • request a Major Variation setback for existing building He gave a PowerPoint presentation including: • Zoning Map • Aerial photo • Plat of Survey • Site Plan • Asphalt, gravel lot • Parking will have striping • No operational changes • Screened fence Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 12 Coordinator Ainsworth stated this does not have an outdoor bulk material component (like the previous petition). He stated the building was there prior to zoning. The variances protect the property. Chairman Szabo asked if the Board has any questions. There was none. He asked Staff to provide the Staff Report which Coordinator Ainsworth did: Issue: The petitioner is requesting the following items: i) a Map Amendment under Section 12-3- 7 of the 1998 Des Plaines Zoning Code, as amended, to rezone the property from C-2 Limited Office to M-2 General Manufacturing, and ii) Major Variations under Section 12-7-4(H) of the 1998 Des Plaines Zoning Code, as amended, for the existing building on the lot. Analysis: Address: 1331 E. Golf Road Owners: Golf-Redeker, LLC, 1251 Redeker Road, Des Plaines, IL 60016 Petitioner: Jason Doland, Doland Engineering, 334 E. Colfax Street, Unit C, Palatine, IL 60067 Case Number: 18-103-V-MAP Real Estate Index Number: 09-17-200-055-0000 Ward: #1, Alderman Mark A. Lysakowski Existing Zoning: C-2 Limited Office Commercial District Existing Land Use: Building Material Wholesale Supplier Surrounding Zoning: North: I Institutional South: C-2 Limited Office Commercial District and M-2 General Manufacturing District East: C-3 General Commercial District West: C-2 Limited Office Commercial District Surrounding Land Use: North: Hospital South: Manufacturing East: Multi-Tenant Building West: Auto Repair Street Classification: Golf Road is an arterial street Comprehensive Plan: The Comprehensive Plan designates the site as Commercial Office. Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 13 Project Description: The applicant, Jason Doland on behalf of Pasquale Mauro, has requested a Map Amendment and Variations in order bring the property into conformity with an appropriate zoning district. Currently, the property is zoned C-2, Limited Office Commercial District, but the City of Des Plaines rezoned the property to the current district in the late 1990s. The former zoning district was M-2 General Manufacturing District. The 0.95-acre sized property is currently improved with a one-story building and an outside storage yard that comprises of the business Des Plaines Material & Supply. If approved for all requests, the business owner plans to continue operating the business as it is currently operating. There are no new proposed uses nor any building expansion. Please see the Application Narrative (Attachment 1) for more specific details on the existing operations. The petitioner is proposing to rezone the property and request the setback variations in order to bring the property into conformity and protect the existing structure if the variations are approved. The setbacks for the existing building are found in table below: Bulk Matrix for 1331 E. Golf Road Bulk Regulation Proposed/Current C-2 zoning M-2 zoning (proposed) Front Yard *45.79 Five feet 50 feet Side Yard (east) 79.18 feet Five feet 50 feet Side Yard (west) *0.82 feet Five feet 50 feet Rear Yard < 50 feet 25 feet 50 feet Bldg. Height Approx. 16 feet 45 feet 60 feet * Indicates a requested variation from the proposed M-2 zoning district bulk regulations Note, the petitioner is not proposing to operate the Outdoor Bulk Material Facility as being proposed for the property at 1269 E Golf Road (Case # 18-102-CU-MAP-V). A condition is being added to this report that no activities associated with an Outdoor Bulk Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 14 Material Facility take place on the subject property (1331 E. Golf Road). Zoning Map Amendment Findings As required, the proposed amendment is reviewed below in terms of the standards contained in Section 12-3-7(E) of the Zoning Ordinance: B. Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan. Comment: Please see the applicant’s response to the Standards for Map Amendment approval. B. Whether the proposed amendment is compatible with the current conditions and the overall character of existing developments in the immediate vicinity of the subject property. Comment: Please see the applicant’s response to the Standards for Map Amendment approval. C. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to the subject property. Comment: Please see the applicant’s response to the Standards for Map Amendment approval. D. Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction. Comment: Please see the applicant’s response to the Standards for Map Amendment approval. E. Whether the proposed amendment reflects responsible standards for development and growth. Comment: Please see the applicant’s response to the Standards for Map Amendment approval. Variation Findings Variation requests are subject to the standards set forth in Section 12-3-6(H) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: 7. Hardship: No variation shall be granted pursuant to this subsection H unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty: Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 15 Comment: Please see the applicant’s response to the Standards for Variation approval. 8. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, building, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot: Comment: Please see the applicant’s response to the Standards for Variation approval. 9. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title: Comment: Please see the applicant’s response to the Standards for Variation approval. 10. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other lots subject to the same provision: Comment: Please see the applicant’s response to the Standards for Variation approval. 11. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot: Comment: Please see the applicant’s response to the Standards for Variation approval. 12. Title And Plan Purposes: The variation would not result in a use or development of the subject lot that would be not in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan: Comment: Please see the applicant’s response to the Standards for Variation approval. Planning and Zoning Board Procedure: Under Sections 12-3-6(G)2 (Procedure for Review and Decision for Variations), and 12-3-7(D)3 (Procedure for Review and Decision for Amendments) of the Zoning Ordinance, the Planning and Zoning Board has the authority to recommend that the Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 16 City Council approve, approve subject to conditions, or deny the above-mentioned petition. The City Council has final authority over the proposal. Should the Planning and Zoning Board recommend approval, then the following conditions should be added to the petition: Conditions of Approval: 1) No activities associated with an Outdoor Bulk Material Facility shall take place on the subject property with out obtaining a Conditional Use Permit. 2) No materials products, equipment, signs or displays shall be placed in the public right-of- way. All existing private improvements in the right-of-way shall be removed within 60 days of City Council approval. Chairman Szabo asked if the Board has other questions. Board Member Fowler asked what the intent of the property is. Petitioner advised – this is not changing; paver bricks are what’s being stored. Chairman Szabo asked: • if this is Redeker Road. Coordinator Ainsworth stated the 2d Condition is from Golf and Redeker; Petitioner concurred. • if Petitioner agrees to Conditions. Mr. Doland advised -- yes Chairman Szabo asked if anyone in the audience has comments or is in favor or against the proposal. No one responded. A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to recommend approval to City Council with Conditions for MAP Amendment from C-2 to M-2 and Variations as presented. AYES: Catalano, Hofherr, Fowler, Saletnik, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be submitted to City Council. 3. Address: Citywide Case 18-101-TA The contract purchaser for the property at 2811 S. Mannheim Road is requesting a Text Amendment to Section 12-11-6(B): Regulation by District Classification, of the 1998 Des Plaines Zoning Code, as amended, to increase the maximum number of billboard permits that can be issued within City limits from 12 to 13. Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 17 PIN: Citywide Petitioner: Michael Scheid, Image Media Advertising, Inc., 5101 Darmstadt Road, Suite A, Hillside, IL 60162 Owner: NCB Development XXVII LLC, 611 N. River Road, Des Plaines, IL 60018 Coordinator Ainsworth advised there are two additional documents being supplied at tonight’s Standards for MAP and Text Amendments and a spread sheet of existing billboards requested by Board Member Hofherr. Chairman Szabo swore in Michael Scheid, Image Media Advertising, Inc., 5101 Darmstadt Road, Suite A, Hillside, IL. Mr. Scheid stated his company is a billboard company (4th largest company in the Chicago area). He is seeking a Text Amendment to add a 13th allowable sign. Mr. Scheid stated the respective sign was erected in 2009, and he provided background, chronologically. A total of $9 million has been lost on this property due to the recession and foreclosure. The property is 3.8 acres. Soil conditions are awful; vacant since 2004. His company purchases the land under his billboards. They have partnered with a developer (each partner will apply $1 million toward the property). IDOT and FAA permits have been obtained. The height of sign is 90 ft.; will be away from properties. He believes the signs would not be impactful. Other sign locations were explained. Signs are 500 ft. between each other. Signage can’t be placed on park land. Some signs have been removed due to various reasons over the years. In conclusion, Mr. Scheid’s $1 million would facilitate 5% of land value and sign rights (with no rentals). This property has been vacant; will bring a new development and is in tandem with the Comprehensive Plan. Chairman Szabo asked if the Board had questions. There was none. He asked Staff to provide the Staff Report which Director McMahon did: Issue: The contract purchaser for the property at 2811 S. Mannheim Road is requesting a Text Amendment to Section 12-11-6(B); Regulation by District Classification, of the 1998 Des Plaines Zoning Ordinance, as amended, to increase the maximum number of billboard permits that can be issued within City limits from 12 to 13. Analysis: PIN: Citywide Petitioner: Mike Scheid, Image Media, 5101 Darmstadt Rd. Suite A Hillside, IL Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 18 Case Number: #18-101-TA Project Description: The purchase contractor of the property (the applicant) at 2811 S. Mannheim Road has submitted an application for a text amendment to increase the maximum number of billboard permits within the City of Des Plaines from 12 to 13. The request is a City-wide text amendment as Chapter 11, Signs, of the Zoning Ordinance covers the entire City of Des Plaines. However, the applicant has the intent of amending the Zoning Ordinance to increase the number of billboard permits from 12 to 13 in order to place an additional billboard on the property at 2811 S. Mannheim Road. The applicant contains an existing billboard of the subject property, but he is proposing to construct another one at the southeast corner of this lot (see Attachment #2 for a proposed location). Note, if this text amendment request is successful, the applicant will have to apply for a Variation from Code Section 12-11-6 as the distance from the proposed billboard will be less than 300 feet from a residential property line. The applicant has already obtained approval from the Illinois Department of Transportation and the Federal Aviation Department. However, no billboard can be constructed on this property without first obtaining approval from the City of Des Plaines. The proposed text amendment is found below: 12-11-6: REGULATION BY DISTRICT CLASSIFICATION: Amend Billboards Billboards shall be permitted only within the C-1, C- 2, C-3, M-1, M-2 and I-1 districts and located within 660 feet of I-90 and I-294 toll roads. Structure must be in compliance with the Illinois department of transportation regulations and a valid current IDOT permit must be presented with the application for city permits. Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 19 The city shall cause to be permitted no more than 12 13 permits for outdoor advertising structures (billboards) under subsection 12-11-3C3, "Billboard Permits", of this chapter. As of amendatory ordinance Z-24-05, all 12 permits have been allocated to permittees. (This Ordinance number will be updated if the text amendment is successful and there are then13 permits allocated.) Total surface area of the signs shall not exceed 1,200 square feet per face and 2,400 total square feet for a double faced sign. Height of the sign shall not exceed 99 feet from the base of the pole to the top of the structure or 65 feet from the surface of the pavement of the lane closest to the structure, except as otherwise provided by a limited variation ordinance adopted by council. All billboards must meet the spacing requirements as required by the Illinois advertising control act. No portion of a billboard shall be allowed within 300 feet of a residential property line. This distance shall be measured at ground level from a line perpendicular to the closest part of the billboard to the residential property line. 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; Please see the applicant’s response to the Standards for Zoning Ordinance Text Amendment. Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 20 2. Whether the proposed amendment is compatible with current conditions and the overall character of existing development; Please see the applicant’s response to the Standards for Zoning Ordinance Text Amendment. 3. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to this subject property; Please see the applicant’s response to the Standards for Zoning Ordinance Text Amendment. 4. Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and Please see the applicant’s response to the Standards for Zoning Ordinance Text Amendment. 5. Whether the proposed amendment reflects responsible standards for development and growth. Please see the applicant’s response to the Standards for Zoning Ordinance Text Amendment. 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 Amendment. Coordinator Ainsworth stated this is ComEd’s right-of-way. Future public notices may not be given out. Area is zoned as residential; however, there are no residences there. Chairman Szabo asked: • what the land is contaminated with. Coordinator Ainsworth advised there were some auto uses. Director McMahon stated – kerosene from the railroad. Mr. Scheid advised – there is also arsenic. • if there was, at one time, a part of state government that would help people keep their properties up. Coordinator Ainsworth advised there is a grant. Director McMahon stated remediation would be included with the development. Chairman Szabo asked if anyone in the audience is in favor or against this proposal. No one responded. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend approval to City Council to increase the number of billboards to 13. AYES: Hofherr, Catalano, Fowler, Saletnik, Schell, Szabo Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 21 NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be submitted to City Council. OLD BUSINESS There was no Old Business. Coordinator Ainsworth shared upcoming petitions and project updates. Director McMahon provided further information. Coordinator Ainsworth advised the Comprehensive Plan would be presented to City Council on December 3, 2018. ADJOURNMENT Coordinator Ainsworth advised the next meeting is scheduled for December 11, 2018. There will not be a meeting on December 25, 2018. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to adjourn the meeting at 8:28 p.m. AYES: Hofherr, Catalano, Fowler, Saletnik, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners