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09/14/2021 PZB Full Packet
Community & Economic Development 1420 Miner Street, Des Plaines, IL 60016 P: 847.391.5392 | W: desplaines.org Planning and Zoning Board Agenda September 14, 2021 Room 102 – 7:00 P.M. Call to Order: Roll Call: Approval of Minutes: August 24, 2021 Public Comment: For matters that are not on the Agenda Old Business: None New Business: 1. Address: 1316 Webford Avenue Case Number: 21-016-V Public Hearing The petitioner is requesting a Major Variation under Section 12-8-1(C) of the Des Plaines Zoning Ordinance, as amended, to allow for the installation of a detached garage that exceeds the maximum area of 720-square feet in the R-1 zoning district, and the approval of any other such variations, waivers, and zoning relief as may be necessary. PIN: 09-17-306-028-0000 Petitioner: Chris Colldock, 1316 Webford Avenue, Des Plaines, IL 60016 Owner: Chris Colldock, 1316 Webford Avenue, Des Plaines, IL 60016 2. Address: 2000 Mannheim Road Case Number: 21-036-CU-V Public Hearing The petitioner is requesting a Conditional Use as required by Section 12-7-3(K) and a Major Variation from the Building Design rules of Section 12-3-11 of the Des Plaines Zoning Ordinance, as amended, for a convenience mart fueling station at 2000 Mannheim Road, and the approval of any other such variations, waivers, and zoning relief as may be necessary. PINs: 09-29-402-038-0000 and 09-29-402-043-0000 Petitioner: Henry Patel, 2000 Mannheim Road, Des Plaines, IL 60018 Owner: Henry Patel, 2000 Mannheim Road, Des Plaines, IL 60018 3. Address: Citywide Text Amendment Case Number: 21-038-TA Public Hearing The City of Des Plaines is filing a request for consideration of the following text amendments to the Des Plaines Zoning Ordinance, as amended: (i) add limitations to the eligibility for collective parking under Section 12-9-3; (ii) establish definitions and regulations for electric vehicle charging in parking areas; and (iii) any other amendments as may be necessary. 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 Next Agenda – September 28, 2021 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 meeting(s) or facili ties, contact the ADA Coordinator at 847-391-5486 to allow the City to make reasonable accommodations for these persons. The public hearing may be continued to a further date, time and place without publication of a further published notice such as this notice. Case 21-032-FPLAT 1418-1424 Wedgewood Ave Final Plat of Subdivision Case 21-030-CU 10 W Golf Rd Conditional Use Case 21-016-V 1316 Webford Ave Major Variation August 24, 2021 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING August 24, 2021 MINUTES The Des Plaines Planning and Zoning Board held its regularly scheduled meeting on Tuesday, August 24, 2021, at 7:00 p.m. in Room 101 of the Des Plaines Civic Center. Chairman Szabo called the meeting to order at 7:00 p.m. and read this evening’s cases. Roll call was established. PRESENT: Catalano, Saletnik, Szabo, Veremis ABSENT: Bader, Fowler, Hofherr ALSO PRESENT: Jonathan Stytz, Planner/Community & Economic Development Wendy Bednarz/Recording Secretary A quorum was present. PUBLIC COMMENT There was no public comment. APPROVAL OF MINUTES A motion was made by Board Member Saletnik, seconded by Board Member Catalano, to approve the minutes of August 10, 2021, as presented. AYES: Saletnik, Catalano, Veremis, Szabo NAYES: None ABSTAIN: None ***MOTION CARRIED UNANIMOUSLY*** Case 21-032-FPLAT 1418-1424 Wedgewood Ave Final Plat of Subdivision Case 21-030-CU 10 W Golf Rd Conditional Use Case 21-016-V 1316 Webford Ave Major Variation August 24, 2021 Page 2 OLD BUSINESS None NEW BUSINESS 1. Address: 1418-1424 Wedgewood Avenue Case Number: 21-032-FPLAT Public Hearing The petitioners are requesting a Final Plat of Subdivision pursuant to Section 13-2-5 of the Subdivision Regulations to split an existing lot into two lots of record, and the approval of any other such variations, waivers, and zoning relief as may be necessary. PIN: 09-19-405-009-0000 Petitioner: Daniel Beniek, Skycrest Homes, 26303 W. Merton Road Barrington, IL 60010 Owner: Daniel Beniek, Skycrest Homes, 26303 W. Merton Road, Barrington, IL 60010 Chairman Szabo swore in the Ken Kleinjan, from Haeger Engineering, representing the Petitioner. Mr. Kleinjan provided an overview of the request; stating that the lot is approximately 20,000 square feet, 100’ wide by 200’ deep. The Petitioner is requesting a variation to the lot width, with each lot 50’ wide. Mr. Kleinjan stated that all Engineering requirements have been met. Chairman Szabo sked if the Board had any questions. There were no questions from the Board. Chairman Szabo asked that the Staff Report be entered into record. Planner Stytz provided a summary of the following report: Issue: The petitioner is requesting a Final Plat of Subdivision under Section 13-2 of the Subdivision Regulations to subdivide the existing vacant lot into two lots of record. Address: 1418-1424 Wedgewood Avenue Owner: Daniel Beniek, Skycrest Homes, 26303 W. Merton Road, Barrington, IL 60010 Petitioner: Daniel Beniek, Skycrest Homes, 26303 W. Merton Road, Barrington, IL 60010 Case Number: 21-032-FPLAT Real Estate Index Number: 09-19-405-009-0000 Ward: #3, Alderman Sean Oskerka Existing Zoning: R-1, Single Family District Existing Land Use: Vacant Lot Case 21-032-FPLAT 1418-1424 Wedgewood Ave Final Plat of Subdivision Case 21-030-CU 10 W Golf Rd Conditional Use Case 21-016-V 1316 Webford Ave Major Variation August 24, 2021 Page 3 Surrounding Zoning: North: R-1, Single Family Residential District South: R-1, Single Family Residential District East: R-1, Single Family Residential District West: R-1, Single Family Residential District Surrounding Land Use: North: Single Family Residence South: Single Family Residence East: Single Family Residence West: Single Family Residence Street Classification: Wedgewood Avenue is classified as a local street. Comprehensive Plan: The Comprehensive Plan designates the site as Single Family Residential. Project Description: The petitioner, Daniel Beniek, is requesting a Final Plat of Subdivision for the property located at 1418-1424 Wedgewood Avenue. The subject property is 19,984 square feet (0.46 acres) in size and is comprised of one unimproved lot as shown in the Plat of Survey. A request to subdivide the subject property was approved in 2006 and addresses 1418 and 1424 Wedgewood were assigned. However, the Final Plat of Subdivision was never recorded. Thus, the petitioner obtained approval for a Tentative Plat of Subdivision and standard variation for lot width from the Planning and Zoning Board on June 8, 2021, and is now requesting the Final Plat of Subdivision. The petitioner is proposing to subdivide the existing vacant lot into two lots of record for future single- family home development. However, this proposal does not include the immediate development of the two proposed lots at this time. Both lots will be 10,000 square feet in size and measure 50 feet in width with a 30-foot front building setback. There are five-foot public utility easements proposed for the sides and ten-foot public utility easements proposed for the front and rear of each lot based on the Final Plat of Subdivision. Final Plat of Subdivision Report Name of Subdivision: Skycrest Subdivision Address: 1418-1424 Wedgewood Avenue Request: Approval of Final Plat of Subdivision Total Area of Subdivision: 19,984 square feet (0.46 acres) Lot Descriptions: The petitioner’s Final Plat shows the subdivision of the existing lot into two 10,000-square-foot, 50-foot wide lots with a 30-foot building setback. The proposed public utility easements are five feet on the sides, ten-feet on the front, and ten-feet on the rear of each property. Case 21-032-FPLAT 1418-1424 Wedgewood Ave Final Plat of Subdivision Case 21-030-CU 10 W Golf Rd Conditional Use Case 21-016-V 1316 Webford Ave Major Variation August 24, 2021 Page 4 Compliance with the Comprehensive Plan There are several parts of the 2019 Des Plaines Comprehensive Plan that align with the proposed project. Those portions are as follows: • Overarching Principles: o The Comprehensive Plan seeks to promote a wider range of housing options and to encourage the reinvestment and preservation of established Des Plaines neighborhoods through the addition of new housing to fit diverse needs. The proposal seeks to reinvest in this vacant lot and provide additional housing options in this established neighborhood. • Land Use Plan: o A primary goal of the Comprehensive Plan is to preserve and enhance established single- family neighborhoods while also expanding newer housing options. The proposal matches the existing character of the neighborhood and provides modern housing options that are prevalent in the immediate vicinity. • Future Land Use Map: o The property is marked for Single-Family Residential land uses. These areas are designated for detached single-family residences to maintain and improve housing options for residents. The proposed use will transform an existing residential lot with one residence and provide an additional single-family housing option for the community as a whole. While the aforementioned bullet points are only a small portion of the Comprehensive Plan, there is an emphasis on maintaining detached single-family zoning areas and promoting the expansion of these developments to increase housing options for residents. The petitioner is proposing to take about half an acre of vacant land for future development of two new residences for the community. PZB Procedure and Recommended Conditions: Under Section 13-2-7 of the Subdivision Regulations, the PZB has the authority to recommend approval, approval subject to conditions, or denial of the request: A Final Plat of Subdivision to split an existing lot into two lots of record at 1418-1424 Wedgewood Avenue. The decision should be based on review of the information presented by the applicant and the standards and conditions met by Section 13-2-7 as outlined in the Subdivision Regulations. Staff does not suggest any conditions in the event of recommended approval. Chairman Szabo asked if there were any questions or comments from the audience. There were no comments. Case 21-032-FPLAT 1418-1424 Wedgewood Ave Final Plat of Subdivision Case 21-030-CU 10 W Golf Rd Conditional Use Case 21-016-V 1316 Webford Ave Major Variation August 24, 2021 Page 5 A motion was made by Board Member Catalano, seconded by Board Member Veremis, to recommend approval of a Final Plat of Subdivision as presented, located at 1418-1424 Wedgewood Avenue, pursuant to Section 13-2-5 of the Subdivision Regulations to split an existing lot into two lots of record, and the approval of any other such variations, waivers, and zoning relief as may be necessary. AYES: Catalano, Veremis, Saletnik, Szabo NAYES: None ABSTAIN: None ***MOTION CARRIED UNANIMOUSLY*** Case 21-032-FPLAT 1418-1424 Wedgewood Ave Final Plat of Subdivision Case 21-030-CU 10 W Golf Rd Conditional Use Case 21-016-V 1316 Webford Ave Major Variation August 24, 2021 Page 6 2. Address: 10 W. Golf Road Case Number: 21-030-CU Public Hearing The petitioner is requesting a Conditional Use from Section 12-7-3(K) of the Des Plaines Zoning Ordinance, as amended, to locate a convenience mart fueling station at 10 W. Golf Road, which is a conditional use in the C-3, General Commercial District, and the approval of any other such variations, waivers, and zoning relief as may be necessary. PIN: 08-13-202-007-0000 Petitioner: Faris Samawi, 10 W. Golf Road, Des Plaines, IL 60016 Owner: Shawket Samawi, 12118 Somerset Road, Orland Park, IL 60467 Chairman Szabo swore in Faris Samawi, Shawket Samawi, and Kal Muhammad. The Petitioners provided an overview of the request; the Petitioners stated that the request is to remove the three service bays and expand the convenience mart. Chairman Szabo asked if the Board had any questions. Chairman Szabo inquired about the parking plan. The Petitioner stated that new parking will be installed along the west lot line, while the existing parking will remain on the north side of the property. The Petitioner also stated that new landscape screening along the residential properties and a general site clean-up will also be completed. Member Catalano asked if the Petitioners read and agreed to the conditions listed in the Staff report. The Petitioners stated that the read and agreed to the conditions. Member Saletnik inquired about what the Petitioners believe the clientele of the convenience mart may be; people already stopping for gas versus those making the mart a destination. Mr. F. Samawi stated that the majority of those entering the convenience store are already stopping to get cash and go inside to purchase a drink or snack. Mr. S. Samawi continued that expanding the current mart will mean an increase of inventory and ideally, patrons. Member Saletnik continued about parking and the clientele, stating that most people will park at the pump and run into the store, versus using the additional parking stalls. The Petitioner agreed with Member Saletnik’s statement and stated that the parking was based on zoning requirements. Member Veremis inquired further about the convenience store. The Petitioners stated that the current store in quite small; and the elimination of the service bays and repair shop will be able to increase the store footprint. Case 21-032-FPLAT 1418-1424 Wedgewood Ave Final Plat of Subdivision Case 21-030-CU 10 W Golf Rd Conditional Use Case 21-016-V 1316 Webford Ave Major Variation August 24, 2021 Page 7 Member Veremis asked about any remediation that would need to take place on the property. The Petitioners stated that the current location is an operational gas station, no work will be done underground so, no further remediation is needed. Chairman Szabo asked if anything would be changing regarding the location of the gas pumps. The Petitioner stated nothing would be changing regarding the gas pumps. The gas station recently opened in March 2021, and needed approval of the State Fire Marshall prior to opening, which the location received. Chairman Szabo also asked about soil testing; soil testing was not needed since no work was completed underground. The gas station has four underground tanks that are sealed, and all appropriate tests are completed in accordance with the State of Illinois EPA and State Fire Marshall guidelines (including leak detection, mechanical tests and weight and measures testing). Chairman Szabo asked that the Staff Report be entered into record. Planner Stytz provided a summary of the following report: Issue: The petitioner is requesting a Conditional Use under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Convenience Mart Fueling Center Use in the C-3 zoning district. Address: 10 W. Golf Road Owner: Faris Samawi, 10 W. Golf Road, Des Plaines, IL 60016 Petitioner: Shawket Samawi, 12118 Somerset Road, Orland Park, IL 60467 Case Number: 21-030-CU Real Estate Index Number: 08-13-202-007-0000 Ward: #7, Alderman Patsy Smith Existing Zoning: C-3, General Commercial District Existing Land Use: Fueling Station Surrounding Zoning: North: R-1, Single Family Residential District South: C-3, General Commercial District East: C-3, General Commercial District West: C-3, General Commercial District Surrounding Land Use: North: Single Family Residence South: Pharmacy (Commercial) East: Grocery Store (Commercial) West: Restaurant (Commercial) Case 21-032-FPLAT 1418-1424 Wedgewood Ave Final Plat of Subdivision Case 21-030-CU 10 W Golf Rd Conditional Use Case 21-016-V 1316 Webford Ave Major Variation August 24, 2021 Page 8 Street Classification: Golf Road is classified as an Other Principal Arterial road and Mount Prospect Road is classified as a Major Collector. Comprehensive Plan: The Comprehensive Plan illustrates this site as Commercial. Project Description: The petitioner, Faris Samawi, has requested a Conditional Use Permit for a Convenience Mart Fueling Station Use at 10 W. Golf Road. The subject property is on the northwest corner of the Golf Road/Mount Prospect Road intersection. The property is located within the C-3 General Commercial district, where a Convenience Mart Fueling Station is a conditional use. The Plat of Survey shows a single-tenant building with seven fuel pumps and canopies, three accessory sheds behind the building, and off-street surface parking areas on the east and north sides of the property. Access to the subject property is available off Golf Road and Mount Prospect Road, each with two curb-cuts. The existing one-story, 2,047-square-foot building consists of a small lobby area with counter, a restroom, three repair bays, and two storage areas at the rear. The petitioner wishes to renovate the existing floor plan by removing the three service bays to make room for the convenience mart, adding an employee restroom, and retaining the existing restroom and storage areas, based on the Floor Plan. The petitioner proposes to make façade and finishing changes to the south (front) elevation of the building where the existing service bays are located and retain the existing building material and façade finishes, based on the Elevations. Staff is recommending a condition that the proposed building materials on the front façade meet the requirements of Section 12-3-11 of the Des Plaines Zoning Ordinance. The petitioner’s proposal also includes various site improvements including the removal of the three sheds, new rear pavement area, new eight-foot privacy fence, new landscaping buffer along the north property line, refaced pole sign, refurbished landscape area at the southeast corner of the property, and new dumpster enclosure at the northwest corner of the property, based on the Site Plan. Staff has added a condition that the proposed dumpster enclosure meets the requirements of Section 12-10-11 of the Zoning Ordinance. The proposed floor plan includes a 1,208-square-foot retail area, and the site contains five fuel pumps. The following parking regulations apply to automotive fuel stations pursuant to Section 12-9-7 of the Zoning Ordinance: • One parking space for every 200 square feet of accessory retail area; and • Two parking spaces for each fuel pump. A total of 16 off-street parking spaces are required including one handicap accessible parking space. The Site Plan provides 24 parking spaces including one handicap accessible parking space and two spaces per fuel pump, and 13 off-street parking spaces to meet this requirement. The convenience mart fueling station will be open Monday through Friday from 5 a.m. to 11:59 p.m., Saturday from 7 a.m. to 11:59 pm, and Sunday from 7 a.m. to 10 p.m. The proposed convenience mart is intended to sell items such as cigarettes, lottery, beverages, foundation drinks, snacks, coffee, milk, bread, beer, wine, and similar items. The petitioner will have to obtain or update all necessary local and state licenses necessary to sell alcohol and tobacco. A maximum of five employees will be on site at a given time. Please see the Project Narrative for more details. Case 21-032-FPLAT 1418-1424 Wedgewood Ave Final Plat of Subdivision Case 21-030-CU 10 W Golf Rd Conditional Use Case 21-016-V 1316 Webford Ave Major Variation August 24, 2021 Page 9 Alignment with the Comprehensive Plan The proposed project, including the proposed site improvements, addresses various goals and objectives of the 2019 Comprehensive Plan including the following aspects: • Future Land Use Plan: o This property is designated as Commercial on the Future Land Use Plan. The Future Land Use Plan strives to create a well-balanced development area with a healthy mixture of commercial uses. While the current use is a commercial fuel station, the petitioner will work to enhance the subject property by renovating the interior and portions of the exterior of the existing building and making various site improvements including resurfacing the existing asphalt areas, the addition of landscaping, and new fence at the rear of the property. o The subject property is located along the defined Golf Road and Mount Prospect corridors with single-family residences to the north, and commercial development to the south, east, and west. It contains a single-tenant building located in between established commercial developments along Golf Road. The request would assist in the retention and expansion of an existing commercial business at this location and provide additional retail goods and services for the residents of Des Plaines. • Landscaping and Screening: o The Comprehensive Plan seeks to encourage and actively pursue beautification opportunities and efforts, including the installation of landscaping, street furniture, lighting, and other amenities, to establish a more attractive shopping environment and achieve stronger corridor identity in Des Plaines. o The proposal seeks to add a landscape buffer along the north property line to provide a more pronounced buffer between the building and the single family residences directly to the north. The addition of landscaping in this area is intended to capitalize on available space for screening of the property. o The proposal also includes the replacement of the existing fence section along the north property line with an eight-foot solid wood fence to buffer the proposed use from surrounding properties. While the aforementioned aspects represent a small portion of the goals and strategies of the Comprehensive Plan, there is an emphasis on improving existing commercial developments and enhancing commercial corridors throughout Des Plaines. Conditional Use Findings: Conditional Use requests are subject to the standards set forth in Section 12- 3-4(E) of the Zoning Ordinance. 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: Case 21-032-FPLAT 1418-1424 Wedgewood Ave Final Plat of Subdivision Case 21-030-CU 10 W Golf Rd Conditional Use Case 21-016-V 1316 Webford Ave Major Variation August 24, 2021 Page 10 Comment: The proposed Convenience Mart Fueling Station Use is a conditional use in the C-3 zoning district where the subject property is located. Please see the petitioner’s responses to Standards for Conditional Uses. B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The proposed Convenience Mart Fueling Station Use is a retail-oriented use that primarily serves day-to-day needs of local residents. Additionally, the subject property is along two major corridors in Des Plaines and in close proximity to residential neighborhoods. The proposed convenience mart will enhance the existing building and property as a whole as well as provide additional retail opportunities for residents nearby aside from fuel. Please see the petitioner’s responses to Standards for Conditional Uses. 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: The Convenience Mart Fueling Station Use will transform the existing fuel station into a more pronounced commercial use similar to nearby businesses. The proposal includes enhancements to the asphalt parking areas, interior and exterior building remodel, new landscaping, and sign refurbishments, which will be harmonious and appropriate with the neighboring business. Please see the petitioner’s responses to Standards for Conditional Uses. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The existing fueling station does not create adverse effects to the surrounding properties and the Convenience Mart Fueling Station Use will not have negative effect on the surrounding area. The proposal strives to enhance the property as a whole and expand an existing business to provide additional retail opportunities for residents. Please see the petitioner’s responses to Standards for Conditional Uses. 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 structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: The subject property is served adequately by essential public facilities and services since it is currently accessible by both Golf Road and Mount Prospect Road. The proposed Convenience Mart Fueling Station Use will not affect the existing public facilities and services for this property. Please see the petitioner’s responses to Standards for Conditional Uses. 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: The proposed use will operate within existing infrastructure and is not expected to have a larger service demand than the existing use. Further, it will enhance an existing building and use into a new asset for Des Plaines and can help improve the local economy. Please see the petitioner’s responses to Standards for Conditional Uses. Case 21-032-FPLAT 1418-1424 Wedgewood Ave Final Plat of Subdivision Case 21-030-CU 10 W Golf Rd Conditional Use Case 21-016-V 1316 Webford Ave Major Variation August 24, 2021 Page 11 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: The proposed Convenience Mart Fueling Station Use will include an enlarged retail area within the existing building footprint and site improvements within the existing property boundaries, neither of which will produce excessive production of noise, smoke fumes, glare, or odors. Additionally, the building and site enhancements will improve the property as a whole from both a functional and aesthetic standpoint. Please see the petitioner’s responses to Standards for Conditional Uses. 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: The subject property does not create traffic concerns in the area with the existing access points and configuration pursuant to the Traffic Statement (Attachment 8). The proposed Convenience Mart Fueling Station Use does not intend to alter these access points or the overall configuration of the site. Please see the petitioner’s responses to Standards for Conditional Uses. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The subject property is currently developed and improved with a building and surface parking area. The proposed Convenience Mart Fueling Station Use will not lead to the loss or damage of natural, scenic, or historic features of major importance on this property. Please see the petitioner’s responses to Standards for Conditional Uses. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The proposed Convenience Mart Fueling Station Use will comply with all additional regulations of the zoning Ordinance. Please see the petitioner’s responses to Standards for Conditional Uses. PZB Procedure and Recommended Conditions: Under Section 12-3-4(D) (Procedure for Review and Decision for Conditional Uses) of the Zoning Ordinance, the PZB has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned conditional use for a Convenience Mart Fueling Station at 10 W. Golf Road. The City Council has final authority on the proposal. Consideration of the request should be based on a review of the information presented by the applicant and the findings made above, as specified in Section 12-3-4(E) (Standards for Conditional Uses) of the Zoning Ordinance. If the PZB recommends and City Council ultimately approves the request, staff recommends the following conditions: 1. A minimum of three four-foot-long landscape planter boxes are installed along the front of the building and are populated with perennials. 2. The existing pavement areas are resurfaced and re-striped. 3. Plans for the dumpster enclosure in compliance with Section 12-10-11 of the Des Plaines Zoning Ordinance shall be submitted to staff at time of building permit. Case 21-032-FPLAT 1418-1424 Wedgewood Ave Final Plat of Subdivision Case 21-030-CU 10 W Golf Rd Conditional Use Case 21-016-V 1316 Webford Ave Major Variation August 24, 2021 Page 12 4. A Photometric Plan in compliance with Section 12-12-10 of the Zoning Ordinance shall be submitted to staff at time of building permit. 5. No repair or storage of vehicles and equipment is permitted on the property at any time. 6. Plans submitted at time of building permit may need to be adjusted to meet all code requirements. Chairman Szabo asked if there were any questions or comments from the audience. There were no comments. A motion was made by Board Member Saletnik, seconded by Board Member Catalano, for approval of the request with the conditions in the staff report for a Conditional Use from Section 12-7-3(K) of the Des Plaines Zoning Ordinance, as amended, to locate a convenience mart fueling station at 10 W. Golf Road, which is a conditional use in the C-3, General Commercial District, and the approval of any other such variations, waivers, and zoning relief as may be necessary. AYES: Saletnik, Catalano, Veremis, Szabo NAYES: None ABSTAIN: None ***MOTION CARRIED UNANIMOUSLY*** Case 21-032-FPLAT 1418-1424 Wedgewood Ave Final Plat of Subdivision Case 21-030-CU 10 W Golf Rd Conditional Use Case 21-016-V 1316 Webford Ave Major Variation August 24, 2021 Page 13 3. Address: 1316 Webford Ave Case Number: 21-016-V Public Hearing The petitioner is requesting a Major Variation under Section 12-8-1(C) of the Des Plaines Zoning Ordinance, as amended, to allow for the installation of a detached garage that exceeds the maximum area of 720-square feet in the R-1 zoning district, and the approval of any other such variations, waivers, and zoning relief as may be necessary. PIN: 09-17-306-028-0000 Petitioner: Chris Colldock, 1316 Webford Avenue, Des Plaines, IL 60016 Owner: Chris Colldock, 1316 Webford Avenue, Des Plaines, IL 60016 The petitioner was unable to attend the meeting on August 24, 2021 due to an unforeseen conflict. A motion was made by Board Member Catalano, seconded by Board Member Veremis, to continue Case Number 21-016-V, a Major Variation under Section 12-8-1(C) of the Des Plaines Zoning Ordinance, as amended, to allow for the installation of a detached garage that exceeds the maximum area of 720- square feet in the R-1 zoning district, at 1316 Webford Avenue, until September 14, 2021. AYES: Catalano, Veremis, Saletnik, Szabo NAYES: None ABSTAIN: None ***MOTION CARRIED UNANIMOUSLY*** Case 21-032-FPLAT 1418-1424 Wedgewood Ave Final Plat of Subdivision Case 21-030-CU 10 W Golf Rd Conditional Use Case 21-016-V 1316 Webford Ave Major Variation August 24, 2021 Page 14 ADJOURNMENT The next scheduled Planning & Zoning Board meeting is Tuesday, September 14, 2021. Chairman Szabo adjourned the meeting by voice vote at 7:25 p.m. Sincerely, Wendy Bednarz, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners E COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: September 9, 2021 To: Planning and Zoning Board From: Jonathan Stytz, Planner Cc: John Carlisle, AICP, Economic Development Manager Subject: Consideration of a Major Variance Request to Exceed the Maximum Area Permitted for a Detached Garage at 1316 Webford Avenue (3rd Ward) Issue: The petitioner is requesting a Major Variation under Section 12-8-1(C) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow the construction of an over-sized detached garage that exceeds the maximum area permitted for a detached garage in a residential zoning district. UPDATE: New plans have been submitted for this request detailing a 916-square-foot detached garage on the subject property. Previously, the Planning and Zoning Board deliberated over an 897-square-foot detached garage at this location. The new plans require a new public hearing for the Planning and Zoning Board. All references in this report to 897 square feet have been changed to 916 square feet. Any attached plans have been updated to illustrate the proposed 916-square-foot detached garage. The rest of this report is substantially the same from the June 8, 2021, public hearing. Address: 1316 Webford Avenue Owner: Chris Colldock, 1316 Webford Avenue, Des Plaines, IL 60016 Petitioner: Chris Colldock, 1316 Webford Avenue, Des Plaines, IL 60016 Case Number: 21-016-V PIN: 09-17-306-028-0000 Ward: #3, Alderman Sean Oskerka Existing Zoning: R-1, Single Family Residential District Existing Land Use: Single Family Residence Surrounding Zoning: North: C-3, General Commercial District South: R-1, Single Family Residential District MEMORANDUM Page 1 of 13 East: R-1, Single Family Residential District West: R-1, Single Family Residential District Surrounding Land Use: North: Railroad; Pharmacy (Commercial) South: Single Family Residences East: Single Family Residences West: Single Family Residences Street Classification: Webford Avenue is classified as a local street. Comprehensive Plan: The Comprehensive Plan designates the site as residential. Project Description: The petitioner, Chris Colldock, is requesting a major variation to allow for a 916-square-foot detached garage in the R-1, Single Family Residential District at 1316 Webford Avenue where a maximum area for a detached garage in a residential zoning district is 720 square feet. The subject property is located along Webford Avenue near Downtown Des Plaines and backs up to the Metra railroad. The property is 13,650 square feet (0.31 acres) in size and currently consists of a one-story residence, patio area, detached garage, and driveway area as shown on the Plat of Survey (Attachment 4). The existing one-car detached garage is approximately 337 square feet in size, is located 3.67 feet from the east property line, and is setback approximately 33.37 feet from the north property line. Pursuant to Section 12-8-1(C), the maximum area for a detached garage in a residential zoning district is 720 square foot. The petitioner is proposing to construct a one-story, 916-square foot detached garage with an 18 foot wide garage door. The proposed garage will be setback 5’-6” off the east property line and 19’-2” off the north property line to meet the minimum five-foot setback requirement for detached garages as shown on the Site Plan (Attachment 5). The petitioner is requesting the over-sized detached garage to accommodate additional vehicles, yard equipment, seasonal furniture, and personal workbench for residence maintenance on the property in an enclosed structure, which is not possible in the existing one-car garage. The proposal would replace the existing detached garage with the new 916- square-foot detached garage setback further from the property lines but without any changes to access. The petitioner has provided architectural plans to illustrate the overall design, layout, and elevations of the proposed garage as shown in the Garage Plans (Attachment 6). The existing gravel driveway leading from the front property line to the existing detached garage does not comply with current code. If approval is recommended for this request, staff is adding a condition that the gravel driveway is improved with a dust-free hard surface in compliance with all applicable City of Des Plaines codes. Pursuant to Section 12-8-1(C)(5) of the Des Plaines Zoning Ordinance, the maximum area of a detached garage in a residential district shall be seven hundred twenty (720) square feet or less. The petitioner’s request to allow for a detached garage that exceeds the 720 square foot maximum for a detached garage in a residential area constitutes the need for a major variation to Section 12-8-1(C) of the 1998 Des Plaines Zoning Ordinance. Page 2 of 13 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. 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: Staff finds that there is no hardship or practical difficulty preventing the petitioner from complying with the 720-square foot maximum area allowance for detached garages in residential districts as a 720-square foot space does allow for the storage of multiple vehicles, equipment, and workbench area depending on design. Additionally, the zoning code allows for two accessory structures for each property so a shed could be added to accommodate additional storage as needed. Please see the Petitioner’s responses to Standards for Variations. 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, structure, 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: Staff finds that there is no unique physical condition on the subject property than differs from any other property along this street as there are several other properties backing up to the Metra train tracks that share the same conditions. While detached garages and other accessory structures inevitably may provide some semblance of privacy and noise reduction, this is not their intended purpose. Additionally, there is ample room to install landscaping as a natural barrier to address the noise and privacy concerns posed by the petitioner. Please see the Petitioner’s responses to Standards for Variations. 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: While the subject property’s location, size, and close proximity to the Metra train tracks may not be a result of any action or inaction of the property owner, the subject property was purchased with the understanding of these attributes and conditions. As such, staff does not find these physical conditions of the subject property warrant the approval of a variation for an over-sized garage, whether for privacy, noise dampening, or additional storage, since other properties along this street deal with similar circumstances. Please see the Petitioner’s responses to Standards for Variations. 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: Staff finds that carrying out the strict letter of this code to permit a 720-squae foot detached garage would not deprive the existing property owner of substantial rights enjoyed by other owners of similarly zoned lots since this regulation in enforced for all residentially-zoned properties regardless of size, location, and composition of the property. All new detached garages are held to the same standards under Section 12-8-1(C) of the Zoning Ordinance so enforcing the maximum detached garage area would not prevent the property owner from any substantial rights enjoyed by other single family residential properties. Please see the Petitioner’s responses to Standards for Variations. Page 3 of 13 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: Comment: Staff finds that the granting of this variation for density would, in fact, provide a special privilege for the property owner not available to other single family residential properties as it would give the petitioner preferential treatment over owners of other single family residences. Additionally, it could create a precedence for additional over-sized garage requests for single family residential properties that do not meet the standards for variations and may not have the available space or justifiable need for an over-sized detached garage. Please see the Petitioner’s responses to Standards for Variations. 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: Staff finds that the proposed over-sized detached garage would not be harmonious with the surrounding single family residential development in this area or for other single family zoned properties in Des Plaines and does not meet the standards for variation in Section 12-3-6 of the Zoning Ordinance. Additionally, the zoning code requires a minimum of two off-street parking spaces, which a 720-square foot garage can meet and exceed depending on design. The request for the oversized detached garage would not support the goals and objectives of the Comprehensive Plan as this does not benefit other residents or the City of Des Plaines as a whole. Please see the Petitioner’s responses to Standards for Variations. 7. No Other Remedy: There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot. Comment: Staff finds that there are ways to avoid the requested variation for an oversized garage. Aside from the fact that the allowable 720-sqare foot size for a detached garage can accommodate multiple vehicles, equipment storage, and work area depending on its design, the zoning code allows up to two accessory structures for each property up to 150-square feet in size. Thus, a shed could be added on the property as a second accessory structure to accommodate additional storage as needed totaling 870-square feet, which is near the area that the petitioner is requesting for the detached garage. An additional alternative if more space is needed is constructing an addition on the existing residence, in conformance with all applicable codes, since there is ample room in the rear yard. In essence, there are other available options aside from the variation to remedy the petitioner’s posed concerns. Please see the Petitioner’s responses to Standards for Variations. 8. Minimum Required: The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this title. Comment: Staff finds that the approval of this variation request for an oversized garage is not the minimum measure if relief to address the petitioner’s concerns, but rather the installation of mature landscaping at the rear of the property to reduce noise, add privacy, and allow for outdoor space. In addition to that, the zoning ordinance allows properties that abut a railroad right-of-way to install an eight-foot tall fence along the side that abuts the alley, which could assist in the privacy and noise reduction measures. Please see the Petitioner’s responses to Standards for Variations. Page 4 of 13 PZB Procedure and Recommended Conditions: Under Section 12-3-6(G)(2) (Procedure for Review and Decision for Major Variations) of the Zoning Ordinance, the PZB has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned major variation for an over-sized detached garage at 1316 Webford Avenue. The City Council has final authority on the proposal. Consideration of the request should be based on a review of the information presented by the applicant and the findings made above, as specified in Section 12-3-6(H) (Standards for Variations) of the Zoning Ordinance. If the PZB recommends and City Council ultimately approves the request, staff recommends the following condition: 1. The existing gravel driveway shall be improved with a dust-free hard surface in conformance with all applicable City of Des Plaines codes. Attachments: Attachment 1: Project Narrative Attachment 2: Petitioner’s Responses to Standards for Variation Attachment 3: Location Map Attachment 4: Plat of Survey Attachment 5: Site Plan Attachment 6: Garage Plans Attachment 7: Site and Context Photos Page 5 of 13 PROJECT NARRATIVE We are requesting a variance of the City of Des Plaines to go beyond the 720 square foot maximum detached garage requirement. We are asking to add an additional 197 square feet. We are requesting this variance due to the hardship of what we believe to be a lack of privacy and excessive noise from the Metra & freight trains that run along the back yard of our property. The current one-car garage is non-functional by today’s standards (a small SUV can not fit in it). We would like to tear it down and build a larger garage that can comfortably fit both our cars, plus store yard equipment, seasonal furniture, a workbench for general home maintenance etc. In doing so, we realized that if the garage were to be slightly larger we could gain more privacy by blocking the view from the Metra trains that overlook our property, even with the fence currently in place. The larger garage would also help reduce the noise from the trains as they go by. Because of the unique shape of our lot and trying to preserve as much outdoor space as possible, we feel that the location of the garage on the attached plans would be the best way to accommodate these hardships. Based on the location and shape of the garage, you will not be able to notice the size difference from the street. Thank you for your consideration. Attachment 1 Page 6 of 13 STANDARDS FOR VARIATIONS 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. Even though a fence is at the back of the lot, it is still inadequate of providing privacy and noise reduction between the subject property and the Metra trains. Adding an extra 197 sq. ft. to the garage would help minimize both these issues. 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, structure, 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. The subject lot is long and narrow and the house sits further back on the property then most other houses in the surrounding lots. Due to this, and in order to preserve the usable outdoor space, the ideal garage would be long and narrow as well. 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 Neither the applicant nor the preceding owners have created the hardship as the property size and house location as been this way since the property was developed. 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. The surrounding lots have larger backyards due to the fact that their houses sit closer to the street, giving them more opportunity for privacy and noise reduction. They are still able to maintain there usable outdoor space while having larger garages and larger outdoor space. 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. The garage will be used for car storage,and area to keep equipment to maintain the property (garden/ yard equipment, seasonal furniture etc). There will be no financial benefit to the requested variance of additional space to the garage. 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. The specified use would not alter or change from the original intent to being a general use garage. See response 5. 7. No Other Remedy: There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot. Based on the unique size and shape of the subject lot, the owners believe making the proposed garage slightly larger is the best way to resolve the privacy and noise issues while still maintaining the outdoor space.. 8. Minimum Required: The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this title. The requested variation of making the proposed garage slightly larger would block noise and create privacy for the applicants. This would be the least amount of structure necessary to alleviate the hardship while still preserving outdoor living space. Attachment 2 Page 7 of 13 0 150 300 ft Disclaimer: The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine precise location boundaries on the ground. Print Date: 6/2/2021 1316 Webford Avenue Notes Attachment 3 Page 8 of 13 PLAT OF SURVEY Attachment 4 Page 9 of 13 SHEET 2 of 6A-002SITE PLANSPROPOSED DETACHED GARAGE COLLDOCK RESIDENCE 1316 WEBFORD AVE.DES PLAINES, IL 60016DATE REVISION NOTESDEBAKER DESIGN GROUP, LTD.7927 N. LINCOLN AVE. #201 SKOKIE, IL 60077 P: 773-368-8917 DEBAKERDESIGN.COM © 2020 ALL RIGHTS RESERVED 05/18/2020 06/22/2020 08/28/2020 09/22/2020 06/28/2021PRELIM. PRESENTATION REVISED PRELIMS REVISED PRELIMS CHECK SET REV. CHECK SET 5 ' 19 . 5 2 2 ' 3 . 5 ' 4' 5. 5 ' 3. 5 ' 12 ' 43 . 5 ' 5 ' 2 3 ' 1 2 . 9 2 ' EX I S T . 2 - S T O R Y S I N G L E F A M I L Y H O M E EX I S T . P A T I O LA W N 2 5 ' - 0 " P R I N C I P A L S T R U C T U R E R E A R S E T B A C K L I N E 5 ' - 0 " A C C E S S O R Y S T R U C T U R E R E A R S E T B A C K L I N E 5' - 0 " S I D E Y A R D S E T B A C K 5' - 0 " S I D E Y A R D S E T B A C K 5' - 0 " S I D E Y A R D S E T B A C K 5' - 0 " S I D E Y A R D S E T B A C K P R O P E R T Y L I N E PR O P E R T Y L I N E PR O P E R T Y L I N E AP P R O X I M A T E L O C A T I O N O F EX I S T I N G P O W E R / D A T A L I N E S PROPERTY LI NE NO C H A N G E S 25'-0" F RO N T YARD S ET BA CKREPLACE CONCRETE WALKWAY RE P L A C E C O N C R E T E WA L K W A Y NO C H A N G E S LAWN NE W C O N C R E T E DR I V E PR O P O S E D D E T A C H E D G A R A G E DI S T A N C E F R O M G A R A G E T O H O U S E DR I V E W A Y S E T B A C K MA X I M U M D R I V E W A Y WI D T H EXIST. CONC. WALK TO REMAINEXIST. CONC.APRON TO REMAIN WEBFORD DRIVE RE - P A V E E X I S T . DR I V E W A Y EX I S T I N G N E I G H B O R I N G D R I V E 43 . 5 ' 33 . 9 8 6 ' 4 6 . 0 5 ' 3 . 6 7 ' EX I S T . 2 - S T O R Y S I N G L E F A M I L Y H O M E EX I S T . P A T I O EX I S T . 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CONC.APRON TO REMAIN EX I S T I N G C O N C R E T E WA L K W A Y EXISTING CONCRETE WALKWAYWEBFORD DRIVE EX I S T I N G N E I G H B O R I N G D R I V E N N SCALE: 1" = 10'2 PROPOSED SITE PLAN SCALE: 1" = 10'1 EXIST./DEMO SITE PLAN At t a c h m e n t 5 Page 10 of 13 SHEET 3 of 6A-101FLOOR PLANSPROPOSED DETACHED GARAGE COLLDOCK RESIDENCE 1316 WEBFORD AVE.DES PLAINES, IL 60016DATE REVISION NOTESDEBAKER DESIGN GROUP, LTD.7927 N. LINCOLN AVE. #201 SKOKIE, IL 60077 P: 773-368-8917 DEBAKERDESIGN.COM © 2020 ALL RIGHTS RESERVED 05/18/2020 06/22/2020 08/28/2020 09/22/2020 06/28/2021PRELIM. PRESENTATION REVISED PRELIMS REVISED PRELIMS CHECK SET REV. 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LINE OR AIR CONDITIONING CONDENSOR LINES: PROVIDE 6" Ø PVC SLEEVE (OR AS REQ'D.) , SUPPLIED &INSTALLED BY PLUMBING CONTRACTOR PRIOR TO POURING SLAB. VERIFY LOCATION W/ SUBCONTRACTOR.DOWNSPOUTS TO SPLASH ON GRADE UNLESS NOTED OTHERWISE ON CIVIL ENGINEERING PLAN.CONCRETE WING WALL W/ (2)#4 BARS EXTENDING OUT OF WALL AND BENT INTO CONCRETE SLAB (TYP.)DROP T.O.F. 10" FOR STOOP ABOVE4" CONC. SLAB W/ 6x6-W2.9 x W2.9 W.W.M. ON 6" OF 3/4" DIA.WASHED AGGREGATE.STOOP 1 A- 3 0 1 5 A- 2 0 1 5 A-201 SC A L E : 1 / 4 " = 1 ' - 0 " 2 PR O P O S E D F I R S T F L O O R P L A N SC A L E : 1 / 4 " = 1 ' - 0 " 3 PR O P O S E D R O O F P L A N SCALE: 1/4" = 1'-0"1 PROPOSED FOUNDATION PLAN At t a c h m e n t 6 Page 11 of 13 SHEET 4 of 6A-201ELEVATIONS &SECTIONSPROPOSED DETACHED GARAGE COLLDOCK RESIDENCE 1316 WEBFORD AVE.DES PLAINES, IL 60016DATE REVISION NOTESDEBAKER DESIGN GROUP, LTD.7927 N. LINCOLN AVE. #201 SKOKIE, IL 60077 P: 773-368-8917 DEBAKERDESIGN.COM © 2020 ALL RIGHTS RESERVED 05/18/2020 06/22/2020 08/28/2020 09/22/2020 06/28/2021PRELIM. PRESENTATION REVISED PRELIMS REVISED PRELIMS CHECK SET REV. CHECK SET 12 6 3'-6"13'-10"3'-11/2"3'-1 1/2"GRADE GR A D E LAP SIDING 5/4 X 6 CORNER BOARD (TYP.)ALUMINUM GUTTER ON 1X8 FASCIA OVER 5/4X8 FRIEZE BD.1'-0" OVERHANG (TYP.)5/4 X 6 TRIM (TYP.)5/4 X 8 HEADER W/SPLAYED ENDS1X2 ON 1X8 FASCIA OVER 5/4X8 FRIEZE BD. (TYP. AT GABLE RAKE)18'-0" X 9'-0"OVERHEAD DOOR 2' - 0 " X 2 ' - 0 " F I X E D MIN.DROP T.O.F. 16" FOR THICKENED GARAGE SLAB @ O.H. DOOR1269'-0" 3 ' - 6 " GRADE GR A D E 3'-0" X 4'-0" D.H.FLASH (TYP.) M I N . FLASH (TYP.)3'-0" X 4'-0" D.H.LAP SIDING5/4 x 6 CORNER BOARDALUMINUM GUTTER ON 1X8 FASCIA OVER 5/4X8 FRIEZE BD.1X2 ON 1X8 FASCIA OVER 5/4X8 FRIEZE BD. (TYP. AT GABLE RAKE) 9 ' - 0 " 7 ' - 0 " 3 ' - 6 " GR A D E GR A D E LA P S I D I N G AS P H A L T S H I N G L E 5/ 4 X 6 C O R N E R B O A R D AL U M I N U M G U T T E R O N 1 X 8 FA S C I A O V E R 5 / 4 X 8 F R I E Z E B D . 1' - 0 " O V E R H A N G ( T Y P . ) 5/ 4 X 6 T R I M ( T Y P . ) CE D A R B R A C K E T , B O L T T O SO L I D W A L L F R A M I N G 5/ 4 X 6 C O R N E R B O A R D 5/ 4 X 6 T R I M ( T Y P . ) 2' - 8 " X 7 ' - 0 " D O O R (2 ) 2 ' - 6 " X 4' - 0 " D . H . PR O V I D E 4 " C O N C R E T E S L A B ( S E E P L A N ) O N CO N C R E T E W I N G W A L L S (2 ) 2 ' - 6 " X 4' - 0 " D . H . 5/ 4 X 8 S P L A Y E D HE A D E R FL A S H I N G AL U M I N U M G U T T E R O N 1 X 8 FA S C I A O V E R 5 / 4 X 8 F R I E Z E B D . 9 ' - 0 " 3 ' - 6 " 7 ' - 0 " GR A D E GR A D E AS P H A L T S H I N G L E AL U M I N U M G U T T E R O N 1 X 8 FA S C I A O V E R 5 / 4 X 8 F R I E Z E B D . 1' - 0 " O V E R H A N G ( T Y P . ) 5/ 4 X 6 C O R N E R B O A R D LA P S I D I N G 12 612 6 10'-0"GRADE GR A D E ALUMINUM GUTTER ON 1X8 FASCIA OVER 5/4X8 FRIEZE BD.1'-0" OVERHANG (TYP.) 8" C O N C R E T E OU N D A T I O N W A L L W / (2 ) # 5 B A R S T O P & BO T T O M ( T Y P . ) PROVIDE 1" MIN. AIRSPACE (TYP.)R-49 ATTIC INSULATIONATTIC2X6 COLLAR TIES @ 48" O.C.IN UPPER THIRD OF ATTIC SPACE SC A L E : 1 / 4 " = 1 ' - 0 " 1 FR O N T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 2 RE A R E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 4 LE F T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 3 RI G H T E L E V A T I O N SCALE: 1/4" = 1'-0"5 HOUSE SECTION At t a c h m e n t 6 Page 12 of 13 1316 Webford Ave – Public Notice 1316 Webford Ave – Looking North at Existing Detached Garage 1316 Webford Ave – Looking East at Front of Site 1316 Webford Ave – Looking North at Side of Site A t t a c h m e n t 7 P a g e 1 3 o f 1 3 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: September 7, 2021 To: Planning and Zoning Board (PZB) From: Jonathan Stytz, Planner Cc: John Carlisle, AICP, Economic Development Manager Subject: Consideration of Conditional Use and Variations for a Convenience Mart Fueling Center Use at 2000 Mannheim Road, Case 21-036-CU-V (5th Ward) Issue: The petitioner is requesting a Conditional Use under Section 12-7-3(K) of the Zoning Ordinance to allow a Convenience Mart Fueling Center in the C-3 zoning district. The petitioner is also requesting variations from the blank wall limitations of Section 12-3-11. Address: 2000 Mannheim Road Petitioner: Henry Patel, 6N232 Dinah Road, Medinah, IL 60157 Owner: Henry Patel, 6N232 Dinah Road, Medinah, IL 60157 Case Number: 21-036-CU-V Real Estate Index #: 09-29-402-038-0000; -043 Ward: #5, Alderman Carla Brookman Existing Zoning: C-3, General Commercial District Existing Land Use: Fueling Station and Car Wash Surrounding Zoning: North: C-3, General Commercial District South: M-2, General Manufacturing District East: R-1, Single Family Residential District West: R-3, Townhouse Residential District Surrounding Land Use: North: Gas Station/Water Tower South: Self-Storage Business (Commercial) MEMORANDUM Page 1 of 18 East: Railroad; Power Station (Utilities) West: Townhouse Residences (Residential) Street Classification: Mannheim Road is classified as an other principal arterial and Howard Avenue is classified as a minor collector. Comprehensive Plan: The Comprehensive Plan illustrates this site as commercial. Project Description: The petitioner, Henry Patel, with the assistance of architect Ronald J. Ambrose, has requested a Conditional Use Permit for a Convenience Mart Fueling Station Use at 2000 Mannheim Road. The subject property is a double frontage lot on the southwest corner of the Mannheim Road/Howard Avenue intersection, which fronts Mannheim Road to the east, Howard Avenue to the north, and Chestnut Street to the west. The property is within the C-3 General Commercial district, where a Convenience Mart Fueling Station is a conditional use. The Plat of Survey (Attachment 4) shows a single-tenant building with seven fuel pumps and one canopy, a car wash, and an off-street surface parking areas on the west side of the property. Access to the subject property is available off Mannheim Road and Howard Avenue, each with two curb cuts. There is no available property access off Chestnut Street. The existing one-story, 2,610-square-foot building consists of a small lobby area with counter, a restroom, utility room, cooler, and car wash tunnel. The petitioner wishes to renovate the existing floor plan by removing the car wash tunnel to make room for the convenience mart, adding an office, and adding a storage room, based on the Floor Plan (Attachment 6). The petitioner does not propose to make façade and finishing changes to the building’s exterior with the exception of the masonry in-fill areas on the east (front) and west (rear) elevations of the building where the existing car wash is located and retain the existing building material and façade finishes on the remainder of the building, based on the Elevations (Attachment 7). The petitioner’s proposal also includes site improvements such as the addition of landscaping along the perimeter of the west and north parking lot area, the addition of five new parking spaces on the east side of the property, and new dumpster enclosure, based on the Site Plan (Attachment 5). Staff has added a condition that the proposed dumpster enclosure meets the requirements of Section 12-10-11 of the Zoning Ordinance. The proposed floor plan includes a 1,929-square-foot retail area, 100-square- foot office, freezer, and storage area. The following parking regulations apply to automotive fuel stations pursuant to Section 12-9-7 of the Zoning Ordinance: • One parking space for every 200 square feet of accessory retail area; and • Two parking spaces provided at each fuel pump. A total of 24 off-street parking spaces are required, including two handicap accessible parking spaces. The Site Plan (Attachment 5) provides 25 spaces including two spaces per fuel pump, and 11 spaces next to the building to serve the retail. The Site Plan does not designate the two required accessible parking spaces. Staff has added a condition that the petitioner’s site plan submitted at the time of building permitting contain accessible parking, with the required striping and dimensions. Page 2 of 18 The convenience mart fueling station will be open 24 hours a day Monday through Sunday. The proposed convenience mart is intended to sell beer, liquor, and similar items, per the hours and other limitations on liquor licenses. The petitioner will have to obtain or update all necessary local and state licenses necessary to sell alcohol and tobacco. A maximum of two employees will be on site at a given time. Please see the Project Narrative (Attachment 1) for more details. The façade alterations make the project subject to the Building Design Review requirements of Section 12-3-11. The closure of the car wash tunnel naturally leads to larger walls, which the petitioner is proposing to enclose with a mixture of windows (i.e. transparency) and brick. However, Section 12-3-11.D.1.a-b, street-facing facades have maximum requirements for what can be windowless. This project will exceed 30 percent of rectangular area of blank wall on the west façade (facing Chestnut), as well as having a windowless area with a horizontal distance greater than 15 feet. The petitioner contends that complying with the strict adherence is not practical, given that the building is existing and the project moves it closer toward – but not fully – compliant. Discussion of the variation standards begin on Page 5 of this report and are addressed by the petitioner in Attachment 2. Alignment with the Comprehensive Plan The proposed project, including the proposed site improvements, addresses various goals and objectives of the 2019 Comprehensive Plan including the following aspects: • Future Land Use Plan: o This property is illustrated designated as Commercial on the Future Land Use Plan. The Future Land Use Plan strives to create a well-balanced development area with a healthy mixture of commercial uses. While the current use is a commercial fuel station, the petitioner will work to enhance the subject property by renovating the interior and portions of the exterior of the existing building and making various site improvements including the addition of landscaping, new dumpster enclosure, and fence repairs at the west and north property lines of the property. o The subject property is located along the defined Mannheim Road corridor with a park to the east, townhouse residential to the west, commercial to the north, manufacturing development to the south. It contains a single-tenant building located in between established commercial developments along Mannheim Road. The request would assist in the retention and expansion of an existing commercial business at this location and provide additional retail goods and services for the residents of Des Plaines. • Landscaping and Screening: o The Comprehensive Plan seeks to encourage and actively pursue beautification opportunities and efforts, including the installation of landscaping, street furniture, lighting, and other amenities, to establish a more attractive shopping environment and achieve stronger corridor identity in Des Plaines. o The proposal seeks to add a landscape buffer along the west and north property lines to provide a more pronounced buffer between the building and the townhouse residences and commercial development directly to the west and north, respectively. The addition of landscaping in this area is intended to capitalize on available space for screening of the property. Page 3 of 18 o The proposal also includes repairing portions of the existing fence section along the west and north property lines. While the aforementioned aspects represent a small portion of the goals and strategies of the Comprehensive Plan, there is an emphasis on improving existing commercial developments and enhancing commercial corridors throughout Des Plaines. Conditional Use Findings: Conditional Use requests are subject to the standards set forth in Section 12-3- 4(E) of the Zoning Ordinance. In reviewing these standards, staff has the following comments: 1. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: The proposed Convenience Mart Fueling Station Use is a conditional use in the C-3 zoning district where the subject property is located. Please see the petitioner’s responses to Standards for Conditional Uses. 2. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The proposed Convenience Mart Fueling Station Use is a retail-oriented use that primarily serves day-to-day needs of local residents. Additionally, the subject property is along a major corridor in Des Plaines and in close proximity to residential neighborhoods. The proposed convenience mart will enhance the existing building and property as a whole as well as provide additional retail opportunities for residents nearby aside from fuel. Please see the petitioner’s responses to Standards for Conditional Uses. 3. 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: The Convenience Mart Fueling Station Use will transform the existing fuel station into a more pronounced commercial use similar to nearby businesses. The proposal includes enhancements to the interior and exterior of the building and site as a whole, which will be harmonious and appropriate with neighboring business. Please see the petitioner’s responses to Standards for Conditional Uses. 4. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The existing fueling station does not create adverse effects to the surrounding properties and the Convenience Mart Fueling Station Use will not have negative effect on the surrounding area. The proposal strives to enhance the property as a whole and expand an existing business to provide additional retail opportunities for residents. Please see the petitioner’s responses to Standards for Conditional Uses. 5. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: The subject property is served adequately by essential public facilities and services since it is currently accessible by both Mannheim Road and Howard Avenue. The proposed Convenience Mart Fueling Station Use will not affect the existing public facilities and services for this property. Please see the petitioner’s responses to Standards for Conditional Uses. Page 4 of 18 6. 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: The proposed use will operate within existing infrastructure and is not expected to have a larger service demand than the existing use. Further, it will enhance an existing building and use for Des Plaines and can help improve the local economy. Please see the petitioner’s responses to Standards for Conditional Uses. 7. 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: The proposed Convenience Mart Fueling Station Use will include an enlarged retail area within the existing building footprint and site improvements within the existing property boundaries, neither of which will produce excessive production of noise, smoke fumes, glare, or odors. Additionally, the building and site enhancements will improve the property as a whole from both a functional and aesthetic standpoint. Please see the petitioner’s responses to Standards for Conditional Uses. 8. 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: The subject property does not create traffic concerns in the area with the existing access points and configuration. The proposed Convenience Mart Fueling Station Use does not intend to alter these access points or the overall configuration of the site. Please see the petitioner’s responses to Standards for Conditional Uses. 9. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The subject property is currently developed and improved with a building and surface parking area. The proposed Convenience Mart Fueling Station Use will not lead to the loss or damage of natural, scenic, or historic features of major importance on this property. Please see the petitioner’s responses to Standards for Conditional Uses. 10. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: Provided conditions are met, the proposed Convenience Mart Fueling Station Use will comply with all additional regulations of the Zoning Ordinance. Please see the petitioner’s responses to Standards for Conditional Uses. Variation Findings: Variation requests are subject to the standards set forth in Section 12-3-6(H) of the Zoning Ordinance. Staff has the following comments based on the standards. 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: Requiring the petitioner to comply with the Building Design Standards in Section 12-3-11 would prevent the petitioner from making substantial improvements to the existing fueling station and car wash on the subject property. The existing building faces three streets and would require substantial appearance altering renovations to the principal structure, which would be impractical for the petitioner to meet for the request. Please see the responses to standards from the Petitioner. Page 5 of 18 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, structure, 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: The subject property is located a double frontage lot and fronts three separate streets making it difficult for the petitioner to comply with the transparency and blank wall limitation regulations pursuant to Section 12-3-11 of the Zoning Ordinance on all elevations. The petitioner plans to fill in the car wash tunnel entrance and exit to make room for the convenience mart fueling center. The proposal includes the addition of windows on the west elevation where there is currently a rectangular area greater than 30% of a story's facade and portions of the building facade that are windowless for a horizontal distance greater than 15 feet. However, the proposed building improvements do not fully meet the requirements of the code, requiring a variation. Please see the responses to standards from the Petitioner. 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: The size and shape of the property have not changed due to any action of the petitioner. The unique physical aspects of the property are unavoidable due to the fact that the property is land- locked and fronts three streets. Please see the responses to standards from the Petitioner. 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: Carrying out of the strict letter of the Zoning Ordinance would not allow the petitioner to adequately and intuitively make improvements to the existing building and property as a whole. Please see the responses to standards from the Petitioner. 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. Comment: The approval of this variation would not provide the petitioner with any special privilege or additional right, as these exact circumstances occurring on a different property would warrant similar consideration. The proposal would allow the petitioner to make improvements to an existing property by reinvesting in the existing fueling center. Please see the responses to standards from the Petitioner. 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: The approval of this variation would contribute to a harmonious neighborhood by accommodating a proposed reinvestment in a commercial property that is in context with the surrounding area. Please see the responses to standards from the Petitioner. Page 6 of 18 7. No Other Remedy: There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot. Comment: It would be impractical for the applicant to design the existing building in a way that meets the required transparency and blank wall limitation regulations. The transparency and design of the existing commercial building is nonconforming with the current blank wall limitation requirements, so reducing the required transparency requirements to allow for the proposed project is the most reasonable way to encourage and support the planned reinvestment in the property. Please see the responses to standards from the Petitioner. 8. Minimum Required: The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this title. Comment: The approval of this variation would be the minimum measure of relief for the petitioner to overcome the existing physical hardship on the property and make improvements to the existing commercial building. Please see the responses to standards from the Petitioner. PZB Procedure and Recommended Conditions: Under Section 12-3-4(D) (Procedure for Review and Decision for Conditional Uses) of the Zoning Ordinance, the PZB has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned conditional use for a Convenience Mart Fueling Station at 2000 Mannheim Road. City Council has final authority on the proposal. Consideration of the request should be based on a review of the information presented by the applicant and the findings made above, as specified in Section 12-3-4(E) (Standards for Conditional Uses) of the Zoning Ordinance. If the PZB recommends and City Council ultimately approves the request, staff recommends the following conditions: 1. The petitioner shall revise the site plan to be submitted at the time of building permitting to add the necessary accessible parking spaces. 2. Plans for the dumpster enclosure in compliance with Section 12-10-11 of the Zoning Ordinance shall be submitted to staff at time of building permit. 3. A Photometric Plan in compliance with Section 12-12-10 of the Zoning Ordinance shall be submitted to staff at time of building permit. 4. No vehicles or materials shall be stored on site at any time. Attachments: Attachment 1: Project Narrative Attachment 2: Petitioner’s Reponses to Standards Attachment 3: Location Map Attachment 4: Plat of Survey Attachment 5: Site Plan Attachment 6: Floor Plan Attachment 7: Elevations Attachment 8: Site and Context Photos Page 7 of 18 Ambrose Design Group, LLC _________________________________________________ ___________________________________________________________________________ PO Box 1870 Crystal Lake, Illinois 60039-1870 847-347-3721 August 11, 2021 John T. Carlisle Economic Development Manager 1420 Miner Street Des Plaines, Illinois 60016 Project: Des Plaines - Mobil 2000 S. Mannheim Road Des Plaines, Illinois, 60018 Dear Mr Carlisle, We are proposing to make several changes/upgrades to the existing Mobil Station listed above. The owner of the facility has requested to sell Beer and Liquor at this location. The existing C-Store is too small to meet the Code requirement for this request. The owner Mr. Henry Patel has decided to discontinue the Car Wash portion of this business and include this area with the Convenience Store to meet the area requirement for Beer and Liquor Sales. We will utilize the vacated car wash tunnel area to maximize the store area and provide for a large walk-in cooler and Beer Cave. The canopies at the entrance and exit of the car wash will be removed and the Car Wash openings will be closed up. We intend to infill these door areas with masonry and windows to match the existing building. Four additional parking stalls are proposed in the southeast corner of the site with one stall in front of the old car wash exit area. These new stalls will bring the total site parking to eleven stalls. No changes to the Gas Canopy or fueling areas is proposed. We have also proposed to remove a 5’-0” section of existing asphalt paving along a portion of the Northwest property line and all along the west property line. This area will be landscaped with a mixture of Evergreen Trees, Deciduous Shrubs and Evergreen Shrubs. A new wood trash enclosure will be installed at the rear or West side of the building. Respectfully Submitted, Ronald J. Ambrose Ambrose Design Group, LLC Attachment 1 Page 8 of 18 STANDARDS FOR CONDITIONAL USES The Planning and Zoning Board and City Council review the particular facts and circumstances of each proposed Conditional Use in terms of the following standards. Keep in mind that in responding to the items below, you are demonstrating that the proposed use is appropriate for the site and will not have a negative impact on surrounding properties and the community. Please answer each item completely and thoroughly (two to three sentences each). 1.The proposed conditional use is in fact a conditional use established within the specific zoning district involved; 2.The proposed conditional use is in accordance with the objectives of the city's comprehensive plan and this title; 3.The proposed conditional use is designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity; 4.The proposed conditional use is not hazardous or disturbing to existing neighboring uses; 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5306 desplaines.org The Site is Zoned C-3 General Commercial. The area to the North of the site alsohas a Service Station located on it. Gas will continue to be sold at the location, the Car Wash will no longer be operated and become part of the Convenience Store. This Site is located in a General Commercial District. The purpose of this district is to accomodate a variety of businesses in locations to serve the general public. The Service Station is not undergoing any major exterior modifications and willoperate as it has for many years. The brick exterior and sloping roof fits in withthe overall character of the general vacinity. The few exterior changes are designedto match the appearance of the existing structure. As this is an existing Service Station we are not proposing any major renovationsthat would affect the neighborhood. We are proposing landscaping along two ofthe street frontages along with more striped parking and a new trash enclosure. Attachment 2 Page 9 of 18 5.The proposed conditional use is to be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or the persons or agencies responsible for the establishment of the proposed conditional use shall provide adequately any such services; 6.The proposed conditional use does not create excessive additional requirements at public expense for public facilities and services and not be detrimental to the economic welfare of the community; 7.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; 8.The proposed conditional use provides vehicular access to the property designed that does not create an interference with traffic on surrounding public thoroughfares; 9.The proposed conditional use does not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance; and 10.The proposed conditional use complies with all additional regulations in this title specifi c to the conditional use requested No existing public utilities will be affected by this request. We are not proposingany changes to the site access. The site will continue to sell gasoline and dieselfuel and will now offer a larger convenience store. No utilities will need to be created or updated for this project. We are proposingan interior remodel. If any utilities are affected it would be in the reduction ofwater useage as it will no longer function as a Car Wash. The site will continue to operate as a Service Station. Additional parking spaceswill be offered as a result of eliminating the Car Wash. The function of the siteand updated business will have minimal impact on the area. The access to the site will remain unchanged. By eliminating the Car Wash anytraffic concerns will be eliminated. The fueling areas will continue to operate asthey currently do and be unchanged. No natural conditions will be destroyed or impacted by this approval. We areadding a landscape buffer which currently does not exist. We are not requesting any setback variations, sign variances or any other variances that could have a major impact on the surrounding area. The proposalcomplies with the intent of the ordinance. Attachment 2 Page 10 of 18 STANDARDS FOR VARIATIONS In order to understand your reasons for requesting a variation, please answer the following items completely and thoroughly (two to three sentences each). Variation applicants must demonstrate that special circumstances or unusual conditions prevent them from following the specific regulations of their zoning district. Applicants must prove that the zoning regulations, in combination with the uncommon conditions of the property, prevents them from making any reasonable use of the land. Keep in mind that no variation may be granted that would adversely affect surrounding properties or the general neighborhood. 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. 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, structure, 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. 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. 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. 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5306 desplaines.org Window fenestrations have been applied as possible on blank walls. Due to theinterior plan configuration it is difficult to accomplish on the north and west facingelevations. Where possible glass has been installed when facing Chestnut and Howard.Electrical panels and an existing restroom create this difficulty. This lot has frontages on three streets. Most existing and new sites only front ontwo streets. The areas where glass is necessary for viewing out to the pump islandshas glazing. We have attempted to increase the glazing on the sides facing streetsas is most practical. This site has existed in this configuration for many years. The rear (west) facing side of the structure is facing a street where most rear yards face other adjaent rear yards, not streets. Similar existing stations only facing two streets do not have to meet these additional requirements.Adding these additional elements add additional cost to what is essentially an interior remodel. Per the proposed floor plan this request is difficult to achieve. Attachment 2 Page 11 of 18 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. 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. 7.No Other Remedy: There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot. 8.Minimum Required: The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this title. Due to the location of the existing restroom and storage room which has electrical panels alongthe entire rear wall we feel this is is not a request for special privilege. Occupants of other lots only need to provide glazing on only the side facing the pump islands. The rear of the building can be subject to safety concerns and addressing this requirement couldonly invite unwanted individuals. This could then cause harm or injury to employees and the general public. The openings provided are the best attempt we can make to achieve the letter of the ordinance.This existing building has openings provided in areas as would be expected for a Service Station. We have attempted as most practical and economical to meet this requirement. Glazing has been added in those areas that were previously openings. Additional openings would cause additional expense and hardship to what is essentially an interior remodel. Attachment 2 Page 12 of 18 0 500 1000 ft Disclaimer: The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine precise location boundaries on the ground. Print Date: 9/9/2021 2000 Mannheim Road Notes Attachment 3 Page 13 of 18 At t a c h m e n t 4 Page 14 of 18 SHEET OFSCALE:DRAWN BY:PROJECT NO.:DATE:REVISIONS SHEET TITLE:CLIENT:HENRY PATELmbrosembrosembrosembrose PIN:PROJECT NAME AND LOCATION:ONEBUILDING REMODEL 2000 S. MANNHEIM ROAD AT HOWARD STREET DES PLAINES, ILLINOIS 09-29-402-038-0000 AND 09-29-402-043-0000 SITE PLAN/LANDSCAPE PLAN SP-1 SP-1 SP-1 SP-1N 2 7 1 . 0 9 ' 2 3 3 . 0 3 ' 1 3 4 . 5 3 ' 149.68' S . C H E S T N U T S T R E E T H O W A R D S T R E E T S. M A N N H E I M R O A D 5 ' - 0 " E A S E M E N T E X I S T I N G B U I L D I N G T O B E R E M O D E L E D At t a c h m e n t 5 Page 15 of 18 A-1 A-1 A-1 A-1PROPOSED FLOOR PLAN N 1 , 9 2 9 . 6 0 S Q . F T . O F F I C E S T O R A G E E L E V E N D O O R W A L K - I N C O O L E R S A L E S A R E A F R E E Z E R B E E R C A V E E X I S T I N G R E S T R O O M E X I S T I N G C A S H I E R E X I S T I N G 5 D O O R C O O L E R SHEET OFSCALE:DRAWN BY:PROJECT NO.:DATE:REVISIONS SHEET TITLE:CLIENT:HENRY PATELmbrosembrosembrosembrose PIN:PROJECT NAME AND LOCATION:TWOCONVENIENCE STORE REMODEL 2000 MANNHEIM AT HOWARD STREET DES PLAINES, ILLINOIS 09-29-402-038-0000 AND 09-29-402-043-0000 E X I S T I N G B U I L D I N G G R O S S A R E A = E X I S T I N G C A R W A S H A R E A = E X I S T I N G C O N V E N I E N C E S T O R E A R E A = 2 , 6 1 0 . 1 2 S Q . F T . 1 , 7 5 4 . 1 4 S Q . F T . 8 5 5 . 9 8 S Q . F T . N E W C O N V E N I E N C E S T O R E A R E A = E X I S T I N G U T I L I T Y At t a c h m e n t 6 Page 16 of 18 A-2 A-2 A-2 A-2PROPOSE EXTERIOR ELEVATIONS SHEET OFSCALE:DRAWN BY:PROJECT NO.:DATE:REVISIONS SHEET TITLE:CLIENT:HENRY PATELmbrosembrosembrosembrose PIN:PROJECT NAME AND LOCATION:TWOCONVENIENCE STORE REMODEL 2000 MANNHEIM AT HOWARD STREET DES PLAINES, ILLINOIS 09-29-402-038-0000 AND 09-29-402-043-0000 At t a c h m e n t 7 Page 17 of 18 2000 Mannheim Rd – Public Notice 2000 Mannheim Rd – Looking Southwest at Car Wash Entrance Area 2000 Mannheim Rd – Looking South at Fueling & Parking Area 2000 Mannheim Rd – Looking Northwest at Fueling & Parking Area A t t a c h m e n t 8 P a g e 1 8 o f 1 8 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: September 8, 2021 To: Planning and Zoning Board (PZB) From: John T. Carlisle, AICP, Economic Development Manager Jonathan Stytz, Planner Subject: Zoning Text Amendments Regarding Collective and Shared Off-Street Parking, Electric Vehicle Charging in Off-Street Parking Areas, and Parking Changes within Existing Planned Unit Developments (PUDs) Issue: Consider Zoning Ordinance amendments related to multiple off-street parking regulations. The following areas of the Ordinance are addressed: (1) Section 12-9-3 to establish distance and context limitations to using a separate, privately owned zoning lot to fulfill a portion of an off-street parking requirement; (2) Sections 12-13-3, 12-9-5, 12-9-6, 12-11-5, and 12-11-6 to establish definitions for electric vehicle charging spaces and supply equipment, and to create allowances and limitations on quantity, location, dimensions, design, and signage; and (3) Section 12-3-5 to allow existing PUDs to retrofit parking with accessible or electric vehicle charging without requiring a “Major Change” procedure (i.e. a public hearing and City Council approval). PIN: Citywide Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016 Case Number: #21-038-TA Project Summary: The City of Des Plaines is applying for various zoning text amendments to address off-street parking issues that have arisen during 2021. Collective and Shared Parking In general the City wants to foster the efficient use of land and to give businesses, organizations, and developments some flexibility in how they meet their off-street parking requirements. The Zoning Ordinance, which establishes the City’s off-street parking rules, currently attempts to make allowances for when a particular property does not have enough on-site parking to accommodate a proposed use. While the most typical arrangement is for each property to have enough parking on its own site for all uses and units served (i.e. residential, commercial, institutional), occasionally this is not feasible. Related, it is somewhat common that a.) uses within a given area do not operate at the same time and b.) some parking facilities have excess spaces beyond the requirements of the uses they serve, and most often the spaces go unused. For these reasons the City tries not to turn away potential users simply because the property they desire to use is deficient in on- MEMORANDUM Page 1 of 15 site parking. A reasonable option for nearby shared parking, on a different property or properties, may exist. Therefore, in Section 12-9-3, the Ordinance provides for how uses can capitalize on shared or off-site parking. The existing rules first introduce general circumstances for when one parking facility can serve multiple uses (12-9-3.A) and then introduces 12-9-3.B., C., and D., which establish parameters for required parking spaces on a separate property from the particular use they serve. Sub-section B refers to privately owned parking and properties, sub-section C addresses publicly owned parking (e.g. a City-owned parking lot or garage), and sub-section D refers to instances of vacancy when parking is temporarily or for the foreseeable future going unused. Earlier in 2021, a conditional use petitioner sought to utilize allowances of sub-section B. The subject property was deficient per the baseline requirement of Section 12-9-7. Beyond day-to-day activities addressed by Section 12-9-7, the use was expected to have well-attended meetings when demand for parking would far exceed the baseline requirement. The petitioner submitted multiple draft shared parking agreements to demonstrate that parking spaces would be available to them at other properties in the same neighborhood. However, these properties lay on the other side of busy roads and intersections, and the walking path to the entrance of the proposed use would not have been linear or convenient from the majority of the proposed off- site parking. The City Council chose to deny the conditional use and then instructed staff and the PZB to take up amendments that would prevent future protracted considerations of generally unworkable shared parking arrangements. The Council’s intent is not to eliminate fully the potential for requirements to be met through off-site or shared parking agreements. However, the Council suggests that a minimum distance, as exists in some other communities, be put into place, as well as any other common-sense limitations. Staff has prepared proposed amendments (Attachment 1). As part of research for the draft amendments, staff sought assistance from the Northwest Municipal Conference (NWMC), which distributed survey questions to other communities. The following table is a sample of results. MUNICIPALITY MAXIMUM DISTANCE FOR SHARED PARKING METHOD FOR MEASURING DISTANCE OTHER CONSIDERATIONS Lincolnwood 300 feet Walking distance Must be located on a lot owned or leased by the owner or lessee of the lot for which the parking spaces are required. Morton Grove 300 feet Straight line between property boundaries Can account for 15 to 35 percent of the parking minimum for a use, depending on circumstances. Mount Prospect 1,000 feet Straight line between property boundaries None. Niles 300 feet Straight line between property boundaries Can account for up to 20 percent of the parking minimum for a use, depending on circumstances. Park Ridge 300 feet Not specified The off-site parking spaces must be under the same ownership of the subject property of the use utilizing the off-site parking. Page 2 of 15 In summary, the proposed amendments related to shared parking accomplish the following: •Clarifies zoning administrator and City Council authority to approve shared or off-site parking; •Rewords “reduction” in off-street parking requirement instead as a “fulfillment;” and •Reorganizes and adds to the limitations for when shared, off-site parking on privately-owned zoning lots is possible. These are the added limitations: o Required spaces must be within 300 feet of the main entrance of the use served; and o Walking between any required off-site space cannot require at-grade crossing of roadways classified by the Illinois Department of Transportation as arterials, except for arterials in downtown Des Plaines and other select corridors where there are ample signalized intersections and cross-sections of road that are feasible to cross safely. Electric Vehicle Charging Spaces As electric vehicles (EV) become more common, the need for charging is increasing. While some EV owners have a charging port at their homes, many do not, or they drive frequently enough or for long enough durations and distances that they must charge away from home. Commercial vehicles such as those used in freight and delivery are also becoming part of the EV market. Charging spaces and their attendant equipment are now present throughout the Chicago region in public and private parking lots and garages. In fact, Des Plaines already has two charging spaces in a public lot at the northeast corner of Ellinwood and Lee Street, adjacent to the library. Charging spaces that are generally open to the public – whether on public or private property – usually operate on three models: 1.) Users pay to charge, either per unit of energy or based on a subscription; 2.) property owners pay for the vendor for the charging equipment to attract or serve a market of customers or employees who need EV charging; and/or 3.) charging is free or very low-cost because the ports display advertisements. See Attachment 3 for photos. However, earlier this year staff received a building permit application to install four charging spaces and equipment at Metropolitan Square, specifically adjacent to Shop and Save and Fifth Third Bank. Staff has denied this permit for now because the proposed change a.) requires currently open, unreserved parking to be repurposed as parking reserved for charging EVs only and b.) the proposed change would reduce the number of parking spaces in a Planned Unit Development, which per 12-3-5 qualifies as a “Major Change,” necessitating a public hearing, City Council approval, and the formal altering of the Final Plat of PUD. Staff sought assistance from NWMC, which provided prior survey results for zoning rules in nearby communities. The Village of Schaumburg had the most thorough set of regulations, and their definitions served as the basis for these amendments. Further, The Great Plains Institute, a reputable nonprofit organization working to further renewable energy, published Summary of Best Practices in Electric Vehicle Ordinances 1, which provided an array of options. Attempting to address the reasonably foreseeable circumstances without over-regulating, staff proposes amendments that would do the following: •Establish term definitions in Section 12-13-13 for “Electric Vehicle Charging Space” and “Electric Vehicle Supply Equipment,” with the latter covering charging ports; •Add to Section 12-9-5 to allow EV charging spaces to count for up to 5 percent of an off-street parking minimum (i.e. one space within a 20-space requirement; 5 spaces within a 100-space requirement; 10 spaces within a 500-space requirement), with no limitation if the EV spaces are allocated from the supply beyond the requirement—except for government- and institutionally owned parking, where a maximum of 5 percent of the total number of spaces in the facility can be allocated for EV charging; •Address in Section 12-9-6 where and how EV charging spaces may be marked within parking facilities and limit the height of charging ports (maximum 8 feet), area of identification signage (1.5 square feet), and reinforce landscaping requirements; 1 BetterEnergy.org (June 2019). Available at: https://www.betterenergy.org/wp- content/uploads/2019/06/GPI_EV_Ordinance_Summary_web.pdf Page 3 of 15 •Amend Sections 12-11-5 and 12-11-6 to create a limited allowance for electronic message board signs embedded within charging ports, with a maximum area of 6 square feet and copy limited to businesses for which the sign is intended; and •Carve out a “minor change” circumstance in 12-3-5 for PUDs when repurposing/restriping parking spaces for EV charging or additional mobility impaired accessible parking. o The Illinois Accessibility Code changes from time to time, imposing greater requirements that may be triggered by a restriping project. Further, these amendments are designed to avoid an unduly onerous approval process for property owners/managers who chose to allocate more accessible parking than is required. o Minor changes may be approved administratively, without a public hearing and months-long public process. The following images illustrate a permit application received by staff. Proposed charging ports at Metropolitan Square. Not to scale. Proposed reserved sign at Metropolitan Square. Not to scale. Page 4 of 15 Proposed Amended Sections All proposed amendments related to shared parking are contained in Attachment 1, and all proposed amendments related to electric vehicle charging are contained in Attachment 2. Additions are bold, double- underline. Deletions are struck through. Amended sections are provided with some surrounding, unamended text for context. Standards for Zoning Ordinance Text Amendment: The following is a discussion of standards for zoning amendments from Section 12-3-7.E of the Zoning Ordinance. Rationale for how the proposed amendments would satisfy the standards is provided. 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 Comprehensive Plan calls for improving traffic flow, circulation, and parking (Goal 3.3). The amendments to add parameters for shared parking would improve the existing situation and consider circulation and flow not only for vehicles but also for pedestrians. The Plan does not mention electric vehicles specifically but does call for a “modern” network, which would include electric vehicle charging infrastructure. 2.Whether the proposed amendment is compatible with current conditions and the overall character of existing development; The amendments make future parking proposals more compatible with the character and nature of Des Plaines than the current rules provide. The proliferation of electric vehicles is already observable withing Des Plaines and the Chicago region, and is expected to grow. The amendments contemplate providing supportive infrastructure for this expansion. 3.Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available; The amendments related to shared parking consider the classification and design of roadways as to the degree they serve as a barrier between uses and required parking spaces. Related to electric vehicles, the amendments protect against publicly-owned facilities becoming overrun with EV charging by capping their number at five percent of the total number of spaces in the facility. 4.Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and The proposed amendments, if they have any impact, are likely to improve property values by fostering a reasonable way to meet off-street parking requirements, as well as offering additional flexibility among property owners in how to allocate parking. 5.Whether the proposed amendment reflects responsible standards for development and growth. The amendments are based in thoughtful, well-researched considerations of trends in development in other communities and the region overall. The amendments also respond to issues encountered by the City Council and City staff. PZB Procedure and Recommended Conditions: Under Section 12-3-7 of the Zoning Ordinance, the PZB Page 5 of 15 has the authority to recommend that the City Council approve, approve with modifications, or deny the above- mentioned amendments. City Council has final authority on the proposal. If the PZB wishes, it may consider two motions to separate the issues addressed by these amendments, with the first motion covering shared parking rules and the second for EV charging rules and process. Recommendation: Staff recommends that the PZB recommend approval of all the parking- and process- related amendments in this report. Attachments: Attachment 1: Proposed amendments related to shared parking Attachment 2: Proposed amendments related to electric vehicle charging, parking modifications within PUDs Attachment 3: Photos of electric vehicle charging spaces Page 6 of 15 12-9-3: COLLECTIVE PARKING:A.Off street parking facilities for separate uses may be provided collectively if the totalnumber of spaces so provided collectively is not less than the sum of the separaterequirements for each such use, and provided further, that such collective facilitiesmeet all regulations governing location of accessory parking spaces in relation to theuse served. B.The zoning administrator for permitted uses or the City Council in all other casesmay authorize a up to thirty three percent (33%) reduction of the required off street parking to be fulfilled on a separate, privately owned zoning lot totalnumber of required parking spaces for two or more uses jointly providing off streetparking when all of the following are met: 1.The parking spaces utilized on the separate zoning lot are in excess of the total requirement for all uses that occupy that lot, or the parties have provided to the zoning administrator sufficient data to indicate there is not a substantial conflict in the hours of operation of all of the uses; 2.Any required spaces in the separate zoning lot are within 300 feet of the main entrance of the use served, although spaces in excess of the requirement may be farther than 300 feet; 3.Walking between any required parking spaces and the use served does not require at-grade crossings of roadways classified by the Illinois Department of Transportation as arterials, except for Lee Street between Brown Street and Thacker Street, Graceland Avenue between Jefferson Street and Thacker Street, Miner Street between Graceland Avenue and River Road, Dempster/Thacker Street between Wolf Road and River Road, Algonquin Road between Wolf Road and River Road, and Oakton Street between Lee Street and River Road; and4.A legal agreement approved by the city attorney guarantees that the parking spaces shall be maintained so long as the uses requiring parking are in existence or unless the required parking is provided elsewhere in accordance with this chapter. The instrument shall also be recorded by the property owners with the county recorder’s office.The property ownersinvolved in the joint use off street parking facility shall provide, to the zoningadministrator:1.Sufficient data to indicate that there is not a substantial conflict in the principalhours of operation of the uses; and Attachment 1 Page 7 of 15 2. A legal agreement approved by the city attorney guaranteeing that the parking spaces shall be maintained so long as the uses requiring parking are in existence or unless the required parking is provided elsewhere in accordance with this chapter. The instrument shall also be recorded by the property owners with the county recorder’s office. C. The zoning administrator for permitted uses or the City Council in all other cases may allow, in his sole discretion, reduce the total number of the required off street parking requirement spaces for any use in a non-residential district to be met via a publicly owned or operated facility, if the owner or operator of that use enters into an easement, lease, license or other form of legal agreement with the City of Des Plaines or any other government entity that owns or operates the an off street parking facility. Such parking use agreement, or a summary memorandum thereof, shall be in a form acceptable to the City and be recorded against the property index numbers (PINs) for the parcel on which the off street parking facility is located and the parcel that will receive the right to use the parking spaces. The zoning administrator shall ensure that the off street parking spaces identified in the parking use agreement are open and available during the periods described in the parking use agreement. Such public off street parking facility may be located no more than 1,000 feet of the main entrance of the parcel requesting the right to use the parking spaces. D. In instances when a principal building is not fully occupied and contains parking spaces in excess of minimum number of spaces required by the building’s current occupancy, the zoning administrator for permitted uses or the City Council in all other cases may in his sole discretion, allow the owner of the parcel to enter into an easement, lease, license or other form of legal agreement with the owners or occupants of nearby parcels seeking to use the parcel’s excess parking capacity, so long as the following conditions are met: 1. In no event may any parcel be used as a commercial parking lot open to the general public pursuant to a parking use agreement described in this section unless it has received all necessary approvals required by the Zoning Ordinance. 2. The parking use agreement may not exceed a month to month tenancy or use period to allow for its prompt termination in the event the parcel providing the excess parking increases its occupancy and its corresponding need for off street parking. 3. No more than 33 percent of the total parking spaces on a parcel may be allocated for use by off-site users on a temporary basis. 4. The place of business or operation using the interim parking spaces may be located no more than 1,000 feet from the parcel providing the excess spaces. 5. The parking agreement shall be kept current and a copy maintained on file with the City’s department of community and economic development. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-3-20, 1-6-2020) ### Attachment 1 Page 8 of 15 12-3-5: PLANNED UNIT DEVELOPMENTS:1."Major Changes": Changes which alter the concept or intent of the planned unitdevelopment such as the following: a. Any increase in density.b.Any reduction in the dimension or number of off street parking and/or loadingspaces, except when the reduction provides additional mobility impaired accessible parking and/or electric vehicle charging spaces, and the facility after the reduction will fully comply with Chapter 9: Off Street Parking and Loading Facilities. c.Any change in location and types of nonresidential land uses.d.Any reduction of an amount of common open space, landscaping, or buffering.e. Any changes in proportion of housing types.f.Any changes in road standards.g.Any changes in final governing agreements, provisions or covenants.h.Any significant change to exterior elevations of buildings which alter rooflines,building materials, approved color schemes, height of buildings, or result in a significant change in architectural style. Said changes shall require the submission by the applicant of a new application that shall be processed and approved in the same manner as required of an original application. 2."Minor Changes": Minor changes are modifications that are not defined as majorchanges and do not alter the concept or intent of a planned unit development. The director of community and economic development may approve minor changes that meet the criteria set forth in this subsection through an administrative adjustment process without the approval of the city council. The director of community and economic development shall report the proposed minor changes to the council in writing through the city manager. 3.Recording Of Changes: All changes to the final plat shall be recorded with the countyrecorder's office as amendments to the final plat, or reflected in the recording of a new corrected final plat. H.Schedule: The city council shall consider revocation of the planned unit developmentif construction falls more than 18 months behind the construction schedule filed with the final plat. The developer shall be notified at least ninety (90) days preceding any revocation proceeding. The city council may, upon request, modify the recorded construction schedule of a planned unit development. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-7-04, 1-19-2004; Ord. Z-27- 05, 11-21-2005; Ord. Z-8-13, 4-1-2013; Ord. Z-11-15, 5-18-2015; Ord. Z-29-15, 10-5-2015; Ord. Z-22-16, 9-6-2016; Ord. Z-29-16, 12-5-2016; Ord. Z-30-16, 12- 5-2016; Ord. Z-13-19, 6-3-2019; Ord. Z-15-20, 6-1-2020) Attachment 2 Page 9 of 15 12-9-5: COMPUTATION OF REQUIRED SPACES: A. Basis For Computation: The total number of required parking spaces shall be based upon the parking requirement stated for the principal use of the zoning lot in question except that where residential uses and nonresidential uses occupy the same zoning lot, the number of parking spaces for the residential uses shall be calculated separately from, and in addition to, the parking requirements for the nonresidential uses. B. Fractional Spaces: When determination of the number of required parking spaces results in the requirement of a fractional space, any fraction shall require one additional parking space. C. Bench Seating: In places of assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty two inches (22") of such seating facility shall be counted as one seat for the purpose of determining the requirement for off street parking facilities under this code, except that when the structure has no design capacity the maximum number present at any one time shall govern. (Ord. Z-8-98, 9-21-1998) D. Electric Vehicle Charging Spaces: Electric Vehicle Charging Spaces may fulfill up to five percent (5%) of an off-street parking minimum requirement and may account for up to five percent (5%) of the number of spaces in a parking facility owned or operated by a government or institutional entity. 12-9-6: SPECIFICATIONS FOR OFF STREET PARKING AND OUTSIDE STORAGE AREAS: E. Reserved. Electric vehicle charging spaces: Electric vehicle charging spaces are subject to the same dimension and setback requirements as all other parking spaces, except for mobility impaired accessible parking, which shall have priority over electric vehicle charging in proximity and accessible routes to building entrances. (1) Charging spaces shall be striped with a symbol and wording to indicate their reservation for charging, and may have a sign not to exceed 1.5 square feet in area designating such reservation mounted to a wall or freestanding post. (2) Electric vehicle supply equipment may be located adjacent to charging spaces. Charging ports shall not exceed eight (8) feet in height. (3) Signage embedded within charging ports is subject to the sign regulations of this title. (4) The installation of electric vehicle charging space equipment shall not exempt the parking facility from minimum interior and perimeter landscaping requirements of this title. Attachment 2 Page 10 of 15 12-11-5: SIGN STANDARDS BY SIGN TYPE: G. Electronic Message Boards: 1. Electronic Message Board Requirements And Limitations: Electronic message boards shall be permitted only when incorporated within a new or existing pole sign or monument sign (this shall not include billboards except as permitted in accordance with subsection H of this section), or when embedded within an electric vehicle charging port. The overall sign must comply with all existing standards and regulations as set forth in this chapter regarding pole signs and monument signs. Electronic message boards incorporated into an approved sign shall be subject to the standards and regulations as set forth in section 12-11-6 of this chapter. 2. Electronic Message Board Standards: Monument or pole signs containing electronic message boards shall be subject to the same standards as set forth in subsections A, "Pole Signs", and B, "Monument Signs", of this section. 3. Permitted Types: Video display signs. 4. Prohibited Types: The following types of electronic message boards shall be prohibited: a. Animated sign. b. Flashing sign. 5. Permitted Districts: Electronic message boards shall be permitted in the following districts under the following conditions: a. C-1 Neighborhood Shopping District as a conditional use only. b. C-2 Limited Office Commercial District as a conditional use only. c. C-3 General Commercial District as a permitted use. d. C-4 Regional Shopping District as a permitted use. e. C-5 Central Business District as a conditional use only. f. C-6 Casino District as a localized alternative sign regulation plan. g. M-1 Limited Manufacturing as a permitted use. h. M-2 General Manufacturing as a permitted use. i. M-3 Special Manufacturing as a permitted use. j. I-1 Institutional as a permitted use. k. R-1 Residential as a permitted use when on school property, City-owned property, or Park District-owned property, subject to the standards found in subsection 12-11-6B of this chapter. 6. Variations: All electronic message boards shall meet all requirements stated above and where variations are requested, the following standards shall apply: a. Variations for overall height, setback and size of the monument or pylon pole signs, shall be subject to the same standards set forth in section 12-11-7, "Variations", of this chapter, except that no governmental agency shall be limited to a maximum variation request for electronic message board portions of proposed signs when it is to be used for the conveyance of public information. All signs shall remain subject to all other applicable sign standards and regulations relating to the applicable sign type and district. Attachment 2 Page 11 of 15 7. Qualified EMB Property Exception: In lieu of any electronic message board allowed under the other provisions of this subsection G, one electronic message board shall be allowed as a conditional use pursuant to section 12-3-4, "Conditional Uses", of this title on any qualified EMB property subject to development standards for "electronic message boards for qualified EMB property" as written in subsection 12-11-6B of this chapter: a. Occupies a parcel of land of not less than fifteen (15) acres zoned C-2 or C-3 or contiguous parcels of land of not less than fifteen (15) acres zoned C-2 or C-3 with either vehicular cross access easements or shared parking agreements that are recorded with the Cook County Recorder of Deeds; b. Is improved with multi-story, multi-tenanted office building(s) that have more than four hundred thousand (400,000) square feet of rentable space; c. Has a combined frontage of at least two hundred (200) linear feet on I-90 or I-294. ### 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. A property may incorporate both wall and monument signs or wall and pole signs. The use of monument signs in conjunction with pole signs is prohibited; provided, however, if a property is eligible to contain two pole signs or two monument signs, then the property may construct a combination of a pole sign and a monument sign as long as each sign is at least 200 feet apart. 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 Electronic message boards Electronic message boards shall not exceed 50% of the total sign area. When embedded within an electric vehicle charging port, the maximum area is six (6) square feet. Notwithstanding those signs embedded within electric vehicle charging ports, Oonly 1 electronic message board will be permitted per lot. In the event that a single business exists on multiple lots or in the Attachment 2 Page 12 of 15 case of a business park or retail center, only 1 electronic message board will be permitted overall. Location: The animated face of an electronic message board sign shall be a minimum of 250' away from a residence in the R-1, R-2, and R-3 Residential Districts and shall be arranged to prevent direct glare onto any adjacent properties. 1.Institutional District is exempt from this standard. 2.LED illumination of the numerical pricing component of gasoline station signs are exempt from this location standard. Video display signs are permitted. The changeable copy shall be specific to the business in which the sign was intended. No sounds will be permitted. Automatic dimming: Electronic message board signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the sign during ambient low light and nighttime (dusk to dawn) conditions. The signs shall not exceed 500 nits of intensity as measured at the sign surface during nighttime and low light conditions and 5,000 nits during daytime hours. Notes: 2. On parcels less than 5 acres, the total square footage area of all signs shall not exceed 600 square feet. (Ord. Z-24-05, 8-29-2005; amd. Ord. Z-11-07, 3-19-2007; Ord. Z-23-07, 9-17-2007; Ord. Z-10-11, 5-2-2011; Ord. Z-27-11, 9-19-2011; Ord. Z-17-14, 8-4-2014; Ord. Z-32-14, 12-15-2014; Ord. Z-14-15, 7-6-2015; Ord. Z-9-16, 6-6-2016; Ord. Z-29-16, 12-5-2016; Ord. Z-21-17, 9-18-2017; Ord. Z-17-19, 7-1- 2019; Z-4-20, 1-21-2020 ; Ord Z-16-20, 8-3-2020 ) Attachment 2 Page 13 of 15 12-13-3: DEFINITION OF TERMS:For the purposes of this title, the following terms shall have the following meanings: ELECTRIC VEHICLE CHARGING SPACE: A marked parking space in a public or private off-street parking facility that identifies the use thereof for the charging of electric vehicles. Electric vehicle charging spaces may fulfill a portion of off-street parking requirements and may be adjacent to electric vehicle supply equipment. “Electric Vehicle Charging Space” does not include off-street parking in private residential driveways and garages, where charging technology may also be installed. ELECTRIC VEHICLE SUPPLY EQUIPMENT: The conductors and charging port connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of delivering electrical energy to a vehicle parked in an electric vehicle charging space. Attachment 2 Page 14 of 15 Existing charging spaces near Des Plaines library Charging port near library Charging spaces at the Park Ridge Whole Foods Attachment 3 Page 15 of 15