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20190415 Amended Council Agenda with Attachments Monday, April 15, 2019 Closed Session – 6:30 p.m. Regular Session – 7:00 p.m. Room 102 CALL TO ORDER CLOSED SESSION SALE, PURCHASE, & LEASE OF PROPERTY REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE SWEARING-IN CEREMONY FIREFIGHTER/PARAMEDIC CANDIDATES - RYAN LOMEN - GEORGE TRIKOLAS RECOGNITION 2019 ILLINOIS ELEMENTARY PRINCIPAL-OF-THE-YEAR BRENTWOOD SCHOOL PRINCIPAL MIKE MERRITT PUBLIC HEARING PLANNED UNIT DEVELOPMENT AMENDMENT OF ORDINANCE Z-18-16 CITIZEN PARTICIPATION (matters not on the Agenda) CITY CLERK ANNOUNCEMENTS ALDERMEN ANNOUNCEMENTS AS AMENDED 4/12/2019 UNFINISHED BUSINESS #1. ADDED | CONSENT AGENDA 1. ORDINANCE M-10-19: Authorizing the Disposition of Personal Property Owned by the City of Des Plaines 2. RESOLUTION R-75-19: Approving Proposal from SpaceCo, Inc., Rosemont, Illinois, in an Amount Not-to- Exceed $167,400.00 for 2019 CIP Contracts A&B – Construction Engineering Services for Task Order No. 7 to the Master Contract. Budgeted Funds – Capital Projects. 3. RESOLUTION R-76-19: Awarding the Bid for the 2019 Des Plaines Sewer Lining Project to Low Bidder Hoerr Construction, Inc., Goodfield, Illinois, in the Amount of $345,556.00. Budgeted Funds – Capital Improvement Program and Water/Sewer Funds. 4. RESOLUTION R-77-19: Approving an Agreement with Low Bidder Denler, Inc., Mokena, Illinois, in an Amount Not-to-Exceed $100,000.00 for Asphalt Crack Sealing and Concrete Joint Sealing. Budgeted Funds – Capital Projects/Miscellaneous Contractual Services. 5. RESOLUTION R-78-19: Awarding the Bid for City-Owned Streetlight Maintenance, Repair, and Location of Underground Wiring to Low Bidder H&H Electric, Franklin Park, Illinois, Per Submitted Yearly Pricing. Budgeted Funds – Streets/Grounds Maintenance – Repairs & Maintenance in the Amount of $30,000 and TIF #1 in the Amount of $25,000 for a Total of $55,000. 6. Authorize the City Clerk to Bid the Purchase of One Utility Step Van Truck per Specifications 7. SECOND READING – M-9-19: Approving Amendments to Title 4, Chapter 18 of the Des Plaines City Code to Reflect the Number of Active Liquor Licenses for the Period of July 2018 through June 2019 8. Authorize the City Clerk to Bid the Des Plaines Gateway Sign Project 9. Authorize the City Clerk to Bid the 2019 Parking Structure Maintenance Repairs Project 10. Minutes/Regular Meeting – April 1, 2019 11. ORDINANCE M-12-19: Approving the Sale of City-Owned Property Located at 1620-1630 Higgins Road, Des Plaines, Illinois, a Sale, Purchase, and Escrow Agreement, and Right of First Refusal Agreement 12. Minutes/Closed Session – April 1, 2019 END OF CONSENT AGENDA | COMMITTEE OF THE WHOLE 1. FINANCE & ADMINISTRATION – Alderman Mike Charewicz, Chair a. Warrant Register in the Amount of $3,063,123.06 – RESOLUTION R-79-19 b. Consideration of Amendments to Title 1, Chapter 8 of the Des Plaines City Code and the Addition of Appendix U to the Personnel Policy – ORDINANCE M-11-19 2. COMMUNITY DEVELOPMENT – Alderman Dick Sayad, Chair a. Consideration of Conditional Use for Commercially Zoned Assembly Use at 2064 S. River Road, Case #19-007-CU – ORDINANCE Z-7-19 b. Consideration of Conditional Use for an Amendment to a Localized Alternative Sign Regulation for Amita Holy Family Medical Center at 100 N. River Road, Case #19 -012-LSA-CU – ORDINANCE Z-8-19 c. Consideration of a Preliminary Planned Unit Development with Exceptions, a Tentative Plat of Subdivision, a Map Amendment from C-2 to C-3, and Conditional Use for a Localized Alternative Sign Regulation for the Construction of a Restaurant and Parking Lot at 1700 W. Higgins Road, Case #19-013-PUD-CU-SUB-MAP – ORDINANCE Z-9-19 d. Consideration of a Major Planned Unit Development Amendment for the Color of the Hotel at 3001 S. Mannheim Road, Case #19-022-PUD – ORDINANCE Z-10-19 IF NO ACTION IS TAKEN UNDER NEW BUSINESS, THESE ITEMS WILL APPEAR ON THE FOLLOWING CONSENT AGENDA OR UNFINISHED BUSINESS. IF IT IS NECESSARY TO TAKE ACTION ON ANY OF THESE ITEMS THIS EVENING, THEY MUST BE REPORTED OUT BY THE COMMITTEE CHAIRMAN UNDER “NEW BUSINESS” UNFINISHED BUSINESS 1. SECOND READING – ORDINANCE Z-39-18: Amending the Text of Section 12-11-6 of the Des Plaines Zoning Ordinance Regarding Billboards (First Reading Occurred on 12/17/2018 City Council Agenda; Deferred Second Reading from 4/1/2019 City Council Agenda to 4/15/2019) NEW BUSINESS: IF REPORTED OUT BY COMMITTEE 1. a. RESOLUTION R-79-19: Warrant Register in the amount of $3,063,123.06 b. ORDINANCE M-11-19: Amending Chapter 8 of Title 1 of the City of Des Plaines City Code 2. a. ORDINANCE Z-7-19: Granting a Conditional use Permit to Operate a Commercially Zoned Assembly Use in the C-3 Zoning District at 2064 S. River Road, Des Plaines, Illinois b. ORDINANCE Z-8-19: Approving a Localized Alternative Sign Regulation Plan/Conditional Use Permit for 100 N. Des Plaines River Road, Des Plaines, Illinois c. ORDINANCE Z-9-19: Approving a Zoning Map Amendment, a Preliminary Plat of Planned Unit Development, a Tentative Plat of Subdivision, and a Localized Alternative Sign Regulation for 1700 W. Higgins Road, Des Plaines, Illinois d. ORDINANCE Z-10-19: Amending Ordinance Z-18-16 Which Approved a Planned Unit Development for the Orchards at O’Hare Development at the Northeast Corner of Mannheim Road and Higgins Road in Des Plaines, Illinois 3. a. RESOLUTION R-74-19: Urging the United States Congress to Enact the Energy Innovation and Carbon Dividend Act of 2019 | MANAGER’S REPORT ALDERMEN COMMENTS MAYORAL COMMENTS ADJOURNMENT City of Des Plaines, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the accessibilit y of the meeting(s) or facilities, contact the ADA Coordinator at 391-5486 to allow the City to make reasonable accommodations for these persons. 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: April 12, 2019 To: Mayor Bogusz and Aldermen of the City Council From: Michael G. Bartholomew, City Manager Subject: Amended Agenda for April 15, 2019 – Unfinished Business Item #1 Attached please see the amended agenda for the City Council Meeting on April 15, 2019. We are adding the attached item to Unfinished Business because it was postponed to a date certain at the Apri l 1, 2019 City Council Meeting and we inadvertently did not include it in the original issue of this agenda. It is important to note that at this meeting we will be asking City Council to postpone this item to the May 20, 2019 City Council Meeting because Alderman Chester is unable to attend the April 15, 2019 meeting. Since he is the alderman of the ward, it will be important to get his feedback when considering this item. 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: November 28, 2018 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Michael McMahon, Community and Economic Development Director Patrick Ainsworth, AICP, Economic Development Coordinator Subject: Text Amendment to the Des Plaines Zoning Ordinance Issue: The contract purchaser for the property at 2811 S. Mannheim Road is requesting a Text Amendment to Section 12-11-6(B), Sign 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 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 Page 1 of 30 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. 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 13 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. 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; 2.Whether the proposed amendment is compatible with current conditions and 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; 4.Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and Page 2 of 30 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 and Zoning Board Review: The Planning and Zoning Board met on November 27, 2018 to review the proposal. The petitioner stated that he is the contract purchaser for the property at 2811 S. Mannheim Road and gave a thorough briefing on his company’s existing billboard assets in Des Plaines as well as the process to go through obtaining permits for a billboard, including IDOT and FAA. He further explained that IDOT requires all billboards to be located adjacent to tollways/freeways and that they must be separated by 500 feet from another existing billboard. This results in very few remaining billboard locations in Des Plaines and one potential location is 2811 S. Mannheim Road. The petitioner showed an exhibit of all the billboards within the City along I-90 and I-294. The petitioner also went into the potential property transaction of 2811 S. Mannheim Road and how the new billboard will assist with the development of this property. The property at 2811 S. Mannheim Road is vacant and is currently contaminated. The preliminary cost of environmental cleanup is over $3,000,000. Additionally, the property contains a base that is not suitable for development. There will be additional costs incurred to backfill the property in preparation for development. The petitioner will assist the costs of remediation and site preparation by using the proceeds from the second billboard to assist a future developer. The Planning and Zoning Board asked about the setback from the abutting ComEd property which is zoned R-1, which is less than 300 feet away and the closest R-1 zoned house which is more than 300 feet away. Staff presented a summary of the staff report and a brief history on billboards throughout the City. Staff also stated that that there are no objections to this petition the proceeds of a second billboard may assist with the development of a blighted property. The Planning and Zoning Board recommended (6-0) that the City Council approve the proposed text amendment. Recommendations: I recommend approval of Ordinance Z – 39 - 18 approving a text amendment adding a 13th billboard permit to Code Section 12-11-6. Planning & Zoning Board Procedure: Pursuant to Sections 12-3-7(D)3 of the Zoning Ordinance, the City Council may vote to recommend approval, approval with modifications, or disapproval. Attachments: Attachment 1: Text Amendment Application with Project Narrative and Supporting Documents Attachment 2: Plat of Survey – 2811 S. Mannheim Road – Showing Approximate Location of Proposed Billboard Attachment 3: Letter from Planning & Zoning Board to the Mayor Attachment 4: Draft Excerpt of Minutes of the November 27, 2018 Planning & Zoning Hearing Ordinance Z – 39 – 18 An Ordinance Amending the Text of Section 12-11-6 of the Des Plaines Zoning Ordinance Regarding Billboards Page 3 of 30 Attachment 1 Page 4 of 30 Attachment 1 Page 5 of 30 Attachment 1 Page 6 of 30 Attachment 1 Page 7 of 30 Attachment 1 Page 8 of 30 Attachment 1 Page 9 of 30 Attachment 1 Page 10 of 30 Attachment 1 Page 11 of 30 Attachment 1 Page 12 of 30 Attachment 1 Page 13 of 30 Attachment 1 Page 14 of 30 Attachment 1 Page 15 of 30 Attachment 1 Page 16 of 30 STANDARDS FOR MAP AND TEXT AMENDMENTS The Planning and Zoning Board and City Council review the particular facts and circumstances of each proposed Map or Text Amendment in terms of the following standards. Keep in mind that in responding to the questions below, you are demonstrating that a proposed Map Amendment is appropriate for the site and will not have a negative impact on surrounding properties and the community. For Text Amendments, you must demonstrate that the proposed text change is appropriate for the entire jurisdiction, not just a particular site. Please answer each question completely and thoroughly. 1. Is the proposed amendment consistent with the goals, objectives, and policies of the Comprehensive Plan? Yes the amendment and redevelopment is consistent with the comprehensive plan. The current contaminated, vacant, 3.81-acre parcel will be purchased by year-end 2018 and developed in accordance with Village staff requirements. Subject to amendment approval IMAGE is contributing approximately 1- million dollars to the development partner, to offset the cost of purchase and remediation. 2. Is the proposed amendment compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property? Yes, the proposed amendment is consistent with similar developments in the immediate vicinity. There are numerous billboards through out the general area, including a sign immediately to the west. On the south side of I-90 there are (4) four signs, spaced 500’ ft apart, beginning at Mannheim road and moving east. To the east of subject site, a railroad and forested area exists to buffer residential properties. The proposed sign will be positioned so as to have no impact on the residential area. 3. Is the proposed amendment appropriate considering the adequacy of public facilities and services available to the subject property? Yes. No public facilities or services have been utilized to the vacant property over the past 20-years. The redevelopment of this parcel will provide for enhanced services and facilities contributed by the developer. Ie: Rebuild water lines, utilities etc. 4. Will the proposed amendment have an adverse effect on the value of properties throughout Des Plaines? No, the proposed amendment will have a positive effect. With the passage of amendment IMAGE and developer will close on the property and begin the redevelopment process of the 3.8-acre parcel. It is anticipated that a large hotel and other retail development will take place on this property, resulting in a net benefit to the surrounding properties and City of Des Plaines. 5. Does the proposed amendment reflect responsible standards for development and growth? Yes. Billboards have been removed with no additional sites replacing them over the past few years. This site was approved for a second billboard in 2004-2005. The redevelopment of the property will provide for additional services to the community, clean-up an adverse health concern, and increase the tax base. Attachment 1 Page 17 of 30 Attachment 2 P a g e 1 8 o f 3 0 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org November 28, 2018 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Planning and Zoning Board, City-Wide Text Amendment 18-101-TA RE: Consideration of a Text Amendment to Code Section 12-11-6 Honorable Mayor and Members of the Des Plaines City Council: The Planning and Zoning Board met on November 27, 2018 to consider 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. 1. The petitioner stated that he is the contract purchaser for the property at 2811 S. Mannheim Road and gave a thorough briefing on his company’s existing billboard assets in Des Plaines as well as the process to go through obtaining permits for a billboard, including IDOT and FAA. He further explained that IDOT requires all billboards to be located adjacent to tollways/freeways and that they must be separated by 500 feet from another existing billboard. This results in very few remaining billboard locations in Des Plaines and one potential location is 2811 S. Mannheim Road. The petitioner showed an exhibit of all the billboards within the City along I-90 and I-294. The petitioner also went into the potential property transaction of 2811 S. Mannheim Road and how the new billboard will assist with the development of this property. The property at 2811 S. Mannheim Road is vacant and is currently contaminated. The preliminary cost of environmental cleanup is over $3,000,000. Additionally, the property contains a base that is not suitable for development. There will be additional costs incurred to backfill the property in preparation for development. The petitioner will assist the costs of remediation and site preparation by using the proceeds from the second billboard to assist a future developer 2. The Planning and Zoning Board asked about the setback from the abutting ComEd property which is zoned R-1, which is less than 300 feet away and the closest R-1 zoned house which is more than 300 feet away. 2. The Community and Economic Development Department Staff presented a summary of the staff report and a brief history on billboards throughout the City. Staff also stated that that there are no objections to this petition the proceeds of a second billboard may assist with the development of a blighted property. 3. No member from the public spoke in opposition or support for this application. 4. The Planning and Zoning Board recommended (6-0) that the City Council approve the text amendment to increase the number of permitted billboards from 12 to 13. Attachment 3 Page 19 of 30 Respectfully submitted, James Szabo, Des Plaines Planning and Zoning Board, Chairman Cc: City Officials Aldermen Attachment 3 Page 20 of 30 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. Attachment 4 Page 21 of 30 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 Attachment 4 Page 22 of 30 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. Attachment 4 Page 23 of 30 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. Attachment 4 Page 24 of 30 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 Attachment 4 Page 25 of 30 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 Attachment 4 Page 26 of 30 1 CITY OF DES PLAINES ORDINANCE Z - 39 - 18 AN ORDINANCE AMENDING THE TEXT OF SECTION 12- 11-6 OF THE DES PLAINES ZONING ORDINANCE REGARDING BILLBOARDS (CASE# 18-101-TA). WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, the "Des Plaines Zoning Ordinance of 1998," as amended ("Zoning Ordinance"), is codified as Title 12 of the City Code; and WHEREAS, Section 12-11-6 of the Zoning Ordinance establishes the number of billboards that are permitted to be erected and maintained in the City; and WHEREAS, Image Media Advertising Incorporated (“Petitioner”) has submitted an application to amend the text of Section 12-11-16 to increase the number of billboard permits that may be issued by the City by one (1) (“Proposed Text Amendment”); and WHEREAS, a public hearing by the Planning and Zoning Board ("PZB") to consider the Proposed Text Amendment was duly advertised in the Des Plaines Journal on November 7, 2018, and held on November 27, 2018; and WHEREAS, on November 27, 2018, the PZB voted to recommend approval of the Proposed Text Amendment by a vote of 6-0, which recommendation was forwarded in writing to the City Council on November 28, 2018; and WHEREAS, the City Council has considered the factors set forth in Section 12-3-7.E, titled "Standards for Amendments," of the Zoning Ordinance; and WHEREAS, the City Council has determined that it is in the best interest of the City to adopt the Proposed Text Amendment as set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof. SECTION 2. FINDING OF COMPLIANCE. The City Council finds that consideration of the Text Amendments has complied with the provisions of Section 12-3-7 of the Zoning Ordinance. SECTION 3. COMMERCIAL, MANUFACTURING AND INSTITUTIONAL DISTRICTS. Subsection B, titled “Commercial Manufacturing and Institutional Districts,” of Page 27 of 30 2 Section 6, titled “Regulation By District Classification,” of Chapter 11, titled "Signs," of the Zoning Ordinance is hereby amended to read as follows: “12-11-6: REGULATION BY DISTRICT CLASSIFICATION: * * * B. Commercial, Manufacturing And Institutional Districts: It shall be unlawful for any person to construct or maintain a sign in any commercial district, manufacturing district, or the I-1 Institutional District, except as follows. For the purposes of providing sign uniformity, a property may incorporate both wall and monument signs or wall and pole signs; however, the use of monument signs in conjunction with pole signs is prohibited. Monument or pole signs containing electronic message boards shall be subject to the same standards as set forth in this subsection, except that only one electronic message board will be permitted per lot. In the event that a single business exists on multiple lots or in the case of a business park or retail center, only one electronic message board will be permitted overall. Sign Type Number, Area, Height, And Other Limitations2 * * * 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' 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. 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 Z –39- 18, all 12 13 permits have been allocated to permittees. * * *” SECTION 8. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. SECTION 9. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form according to law; provided, however, that the effective date of this Ordinance shall not occur unless and until the Petitioner has submitted an application for a billboard permit that complies with all of the standards set forth Page 28 of 30 3 in Section 12-11-6, including any additional variations or other zoning or permitting relief that may be required to erect a billboard sign in compliance with the requirements of law. Additions are bold and double-underlined; deletions are struck through. [SIGNATURE PAGE FOLLOWS] Page 29 of 30 4 PASSED this day of , 2018. APPROVED this day of , 2018. VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2018 CITY CLERK Peter M. Friedman, General Counsel DP-Ordinance Amending Zoning Code Text Amendment December 2018 Number of Billboards Page 30 of 30