Council Minutes, 08-16-21MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH
MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER,
MONDAY, AUGUST 16, 2021
CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was called
ORDER to order by Mayor Goczkowski at 7:00 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, August 16, 2021.
ROLL CALL Roll call indicated the following Aldermen present: Moylan, Oskerka, Zadrozny,
Brookman, Chester, Ebrahimi. Absent: Lysakowski, Smith. A quorum was present.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski,
Director of Public Works and Engineering Oakley, Community and Economic Development Manager Carlisle,
Deputy Fire Chief Matzl, Police Chief Anderson, and General Counsel Friedman.
PRAYER AND The prayer and the Pledge of Allegiance to the Flag of the United States of America
PLEDGE were offered by Alderman Oskerka.
MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR
ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC
CENTER, MONDAY, AUGUST 16, 2021
PUBLIC Mayor Goczkowski called the Public Hearing for Text Amendments to the Zoning
HEARING/TEXT Ordinance Regarding Cannabis Business Establishments and Minor Variations to order
AMENDMENTS at 7:01 p.m.
TO ZONING
ORDINANCE/ Community and Economic Development Manager Carlisle reviewed a memorandum
CANNABIS dated August 5, 2021.
BUSINESS EST:
The City Council is asked to hold a public hearing to consider the following text
Ordinance amendments to the Zoning Ordinance: (i) establish Cannabis Dispensary (retail sales
Z-42-21 of legal cannabis products) as a permitted use in the C-3 General Commercial and C-
4 Regional Shopping Districts and a conditional use in the C-5 Central Business
District; (ii) establish Cannabis Dispensary as a permitted use in the M-2 General
Manufacturing District; (iii) remove the minimum -distance requirement between
Cannabis Business Establishments (1,500 feet); (iv) amend the Specific Use
Regulations for Cannabis Business Establishments; and (v) remove the application fee
for minor variations.
The City of Des Plaines is proposing amending the Zoning Ordinance to make cannabis
dispensaries a permitted use (currently conditional use) in the C-3, C-4, and M-2
districts, and a conditional use (currently not allowed) in the C-5 district. Additionally,
the proposed amendments remove the minimum -distance requirement of 1,500 feet
between cannabis business establishments and remove the minor variation application
fee.
As part of an economic development strategy to offer stand -out, time -efficient,
streamlined permitting and approval, the City is requesting consideration of
amendments to make cannabis dispensaries a permitted use in the C-3, C-4, and M-2
Page 2 of 12 08/16/21
districts, where they are currently conditional uses. If this change is approved,
interested dispensaries will find their prospective approval process to be two -to -three
months shorter than it had been, likely shorter than in a nearby municipalities. In
general, this change would apply to most of the City's prime sites for cannabis
dispensaries: high -traffic and/or visible areas and corridors that are accessible not only
to Des Plaines residents but also to those from elsewhere. Dispensaries are an
opportunity to attract non -local spending. Another proposed change is to add cannabis
dispensary as a conditional use in C-5 (Central Business District).
Because Downtown Des Plaines is denser and perhaps more sensitive to cannabis
dispensaries, the conditional use process seems prudent to allow a case-by-case review
of proposals for their unique design and compatibility with the surrounding area.
However, currently dispensaries are not possible anywhere in C-5.
Finally, the recently signed state legislation exempted some - but not all - cannabis
business establishments from a state rule mandating a minimum distance of 1,500 feet
between establishments. This rule applies not only to dispensaries but also to the
supply -chain businesses. Des Plaines zoning currently has the same rule. While the
City has the authority to retain this rule if it wishes, staff recommends removing it.
Market-based factors discourage the clustering of a "cannabis strip" or "cannabis
district," and the remaining state rules should be effective at achieving the intent
without a local Des Plaines rule reinforcing it.
The following existing regulations are not proposed to change:
• A 500 -foot minimum distance from pre-existing schools, houses of worship,
and commercial day care
• Sign type and style limitations (i.e. no electronic message boards, no imagery
aimed at children)
• Lighting ample for security but does not intrude on neighboring property per
general lighting rules
• Hours of operation between 10 a.m. and 8 p.m.
• No on-site consumption or delivery service
• Seismic and sonic detectors
• Authority of the City for periodic inspections regarding odor
• The off-street parking minimum based on multiple ratios of building floor area
In the instance of a proposal for a permitted, by -right use, there would be no public
hearing or meetings, but City staff would conduct the initial review of site, building,
and operational plans. The minimum 500 -foot distance from sensitive uses would be
checked, as staff maintains an updated list of these uses and properties. Any cannabis
endeavor requiring building permitting will be required to obtain the permit through
the Community and Economic Development Department. The typical business
registration process will be required, as will all taxation forms (Title 15, Chapter 13 of
the City Code) to be processed through the Finance Department.
The City also proposes an amending the zoning section that requires various fees for
zoning applications. Because of the staff and administrative resources required to
process all zoning petitions, in general it is good practice to charge a non-refundable
application fee. However, minor variations are very small relief sought by resident
homeowners on issues such as fence height and style. When they are approved, it is
Page 3 of 12 08/16/21
because the applicant clearly encountered a hardship or challenging circumstance in
the code. In instances of approval, imposing an application fee of $150 amounts to
simply an extra charge on a permit. The zoning administrator can administratively
approve or deny minor variations, based on the standards in the Zoning Ordinance. In
the instance of a denial, the applicant can appeal to the PZB. Appeals are separate
applications with a fee. The City is not proposing to remove the appeal fee. This has
the overall effect of alleviating the fee for those very reasonable requests for relief that
will be approved, but "gray area" requests or those which will likely be denied will
have to pay a non-refundable fee to process an appeal.
The PZB typically holds public hearings and votes on a recommendation regarding
zoning amendments. However, because of the time sensitivity of the actions proposed
and state -level activities in the cannabis industry, the City is exercising its home -rule
authority to hold the public hearing at the City Council level. Therefore, there is no
recommendation from the PZB to consider. The Council may vote on the first reading
of the approving ordinance at the conclusion of the public hearing.
Staff recommends approval of Ordinance Z-42-21, which does the following:
• Makes cannabis dispensaries permitted uses (i.e. "by right") in the C-3 General
Commercial, C-4 Regional Shopping, and M-2 Manufacturing Districts;
• Makes dispensaries a conditional use in the C-5 Central Business District;
• Removes the minimum -distance requirement between cannabis business
establishments (1,500 feet);
• Removes the reference to conditional uses in the Specific Use Regulations for
Cannabis Business Establishments; and
Removes the application fee for minor variations.
Moved by Oskerka, seconded by Zadrozny, to Approve the Ordinance Z-42-21, AN
ORDINANCE AMENDING THE TEXT OF VARIOUS SECTIONS OF THE DES
PLAINES ZONING ORDINANCE REGARDING CANNABIS BUSINESS
ESTABLISHENTS AND MINOR VARIATION FEE.
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Zadrozny,
Brookman, Chester, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Smith
Motion declared carried.
Advanced to second reading by Zadrozny, seconded by Moylan, to Adopt the
Ordinance Z-42-21, AN ORDINANCE AMENDING THE TEXT OF VARIOUS
SECTIONS OF THE DES PLAINES ZONING ORDINANCE REGARDING
CANNABIS BUSINESS ESTABLISHENTS AND MINOR VARIATION FEE.
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Zadrozny,
Brookman, Chester, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Smith
Motion declared carried.
Mayor Goczkowski adjourned the Public Hearing at 7:17 p.m.
Page 4 of 12 08/16/21
ALDERMEN Alderman Oskerka stated he is hosting a ward meeting at Prairie Lakes Community
ANNOUNCEMENTS Center on August 17, 2021 at 6:30 p.m.
Alderman Zadrozny stated he is hosting a ward meeting at Golf Road Baptist Church
on August 26, 2021 at 7:00 p.m.
Alderman Chester discussed competitive current and possible future casinos within the
surrounding areas.
MAYORAL Mayor Goczkowski announced he is creating a Multicultural Advisory Group — a
ANNOUNCEMENTS group to discuss how to help all residents to feel more at home in Des Plaines.
Residents who are interested in participating should visit the City's website for more
information and send the Mayor a letter of intent. A future announcement will be made
by Mayor Goczkowski regarding who he selected for the group and further
information.
On March 16, 2020, a Declaration of Civil Emergency for the City of Des Plaines
related to the COVID-19 emergency was authorized. The Declaration provided that:
(1) the City may enter into contracts for the emergency purchase of goods and services;
(2) the City Manager may implement emergency staffing protocols pursuant to the
City's respective collective bargaining agreements; and (3) directed City officials and
employees to cooperate with other government agencies.
In accordance with Illinois statutes, the Mayor's Declaration lasted only for a period
of seven days, unless it was extended by action of the City Council. At each subsequent
City Council meeting, the City Council, by motion, extended the Declaration until the
next adjournment of the next special or City Council meeting. This extension of the
Declaration includes the Supplemental Order dated July 29, 2020.
Mayor Goczkowski presented an extension to the Declaration of Civil Emergency.
Moved by Brookman, seconded by Oskerka, to extend the March 16, 2020 Declaration
of Civil Emergency until the adjournment of the next regular, special, or emergency
meeting of the City Council.
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Zadrozny,
Brookman, Chester, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Smith
Motion declared carried.
MANAGER'S City Manager Bartholomew mentioned the state of Illinois is offering a new grant
REPORT program "Back to Business" for small businesses impacted by the COVID-19
shutdown; further information will be available on the City's website.
City Manager Bartholomew requested to add a Closed Session to the August 16, 2021
City Council Agenda for the purpose of Property Acquisition.
CONSENT Moved by Brookman, seconded by Zadrozny, to establish the Consent Agenda.
AGENDA Upon voice vote, the vote was:
Page 5 of 12
AYES: 6 - Moylan, Oskerka, Zadrozny,
Brookman, Chester, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Smith
Motion declared carried.
Moved by Chester, seconded by Moylan, to approve the Consent Agenda.
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Zadrozny,
Brookman, Chester, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Smith
Motion declared carried.
08/16/21
A resident requested further action to be done by the City regarding public indecency.
Minutes were approved; Requests were approved; Ordinance M-9-21, M-10-21 were
adopted; Resolutions R-120-21, R-132-21 were adopted.
APPROVE NEW Moved by Chester, seconded by Moylan to Approve NEW OWNERSHIP FOR
OWNERSHIP EXISTING CLASS A — TAVERN LIQUOR LICENSE FOR E&G ROAD HOUSE,
EXISTING CLASS INC., D/B/RAND ROAD HOUSE, 864 RAND ROAD. Motion declared carried as
A LIQ LIC/E&G approved unanimously under Consent Agenda.
ROAD HOUSE/864
RAND ROAD:
Consent Agenda
APPROVE NEW Moved by Chester, seconded by Moylan to Approve NEW OWNERSHIP FOR
OWNERSHIP EXISTING CLASS M — GAS STATION/RETAIL SALES BEER & WINE ONLY
EXISTING CLASS LIQUOR LICENSE FOR 2380 RIVER, INC. D/B/A MOBIL GAS STATION, 2380
M LIQ LIC /2380 RIVER ROAD. Motion declared carried as approved unanimously under Consent
RIVER, INC/ 2380 Agenda.
RIVER ROAD:
Consent Agenda
APPROVE & Moved by Chester, seconded by Moylan to Approve Resolution R-120-21, A
RATIFY/PD RESOLUTION APPROVING AND RATIFYING THE PROCUREMENT OF
PROMO ASSMNT POLICE DEPARTMENT PROMOTION ASSESSMENT AND TESTING FROM
& TEST/ INDUSTRIAL ORGANIZATIONAL SOLUTIONS, INC. Motion declared carried as
INDUSTRIAL approved unanimously under Consent Agenda.
ORGANIZATION
SOLUTIONS, INC:
Consent Agenda
Resolution
R-120-21
AUTH FUNDS/ RR Moved by Chester, seconded by Moylan to Approve Resolution R-132-21, A
AGMT/RAND RD RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS PURSUANT
SIDEPATH PROJ:
Page 6 of 12 08/16/21
Consent Agenda TO RAILROAD AGREEMENTS FOR THE RAND ROAD SIDEPATH PROJECT.
Motion declared carried as approved unanimously under Consent Agenda.
Resolution
R-132-21
APPROVE Moved by Chester, seconded by Moylan to Approve the Minutes of the City Council
MINUTES meeting of August 2, 2021, as published. Motion declared carried as approved
Consent Agenda unanimously under Consent Agenda.
SECOND Moved by Chester, seconded by Moylan to Approve Ordinance M-9-21, AN
READING/ ORDINANCE AMENDING SECTION 6-2-4 OF THE DES PLAINES CITY CODE
ORDINANCE REGARDING OBSCENE AND IMMORAL ACTS. Motion declared carried as
M-9-21: approved unanimously under Consent Agenda.
Consent Agenda
SECOND Moved by Chester, seconded by Moylan to Approve Ordinance M-10-21, AN
READING/ ORDINANCE AMENDING TITLE 4 OF THE DES PLAINES CITY CODE
ORDINANCE REGARDING OCCASIONAL RESIDENTIAL SALES. Motion declared carried as
M-10-21: approved unanimously under Consent Agenda.
Consent Agenda
UNFINISHED
BUSINESS:
COMMUNITY DEVELOPMENT — Alderman Chester, Chairman
CONSIDER
APPROVING
PRELIM PLNED
UNIT DVLP, TNTV
PLAT OF SUBDIV,
& MAP AMDT
FOR 1050 E
OAKTON ST, 1000-
1100 EXECUTIVE
WAY. AND 1555
TIMES DR
Ordinance
Z-40-21
NEW BUSINESS:
WARRANT
REGISTER
Resolution
R-133-21
AN ORDINANCE APPROVING A PRELIMINARY PLANNED UNIT
DEVELOPMENT, TENTATIVE PLAT OF SUBDIVISION, AND MAP
AMENDMENT FOR 1050 EAST OAKTON STREET, 1000-1100 EXECUTIVE
WAY, AND 1555 TIMES DRIVE (CASE #21-019-PPUD-TSUB-MAP-CU)
Request approved to move from Unfinished Business to the Community Development
Committee.
FINANCE & ADMINISTRATION — Alderman Zadrozny, Chairman
Alderman Zadrozny presented the Warrant Register.
Moved by Chester, seconded by Oskerka, to approve the Warrant Register of
August 16, 2021 in the Amount of $3,564,649.96 and approve Resolution R-133-21.
Page 7 of 12 08/16/21
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Zadrozny,
Brookman, Chester, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Smith
Motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Chester, Chairman
CONSIDER
Community and Economic Development Manager Carlisle reviewed a memorandum
APPROVING
dated August 5, 2021.
PRELIM PLNED
UNIT DVLP, TNTV
The petitioner is requesting the following under the Zoning Ordinance: (i) a
PLAT OF SUBDIV,
Preliminary PUD under Section 12-3-5; (ii) a Map Amendment to rezone the subject
& MAP AMDT
property from C-3 General Commercial to R-3 Townhouse Residential under Section
FOR 1050 E
12-3-7; and (iii) a Conditional Use for a PUD under Section 12-3-4 (to be approved
OAKTON ST, 1000-
with the consideration of the final plat). The petitioner also requests a Tentative Plat
1100 EXECUTIVE
of Subdivision under Section 13-2-2 of the Subdivision Regulations. Finally, under
WAY, AND 1555
Section 8-1-9 of the City Code, the petitioner will seek a Vacation of Public Streets to
TIMES DR (CASE
be approved by the City Council at the time of consideration of the Final Plats of PUD
#21-019-PPUD-
and Subdivision.
TSUB-MAP-CU)
Ordinance
The petitioner is proposing a full redevelopment of 11.2 contiguous acres of vacant
Z-40-21
property at 1050 East Oakton Street, 1000-1100 Executive Way, and 1555 Times
Drive. The proposal is for a residential -only development of 125 townhouses,
tentatively branded as Halston Market. Seven townhouses would have two bedrooms,
and 118 would have three bedrooms. The units would be horizontally connected to
each other and spread across 23 separate buildings. Each building would be three
stories with each unit having a ground -floor, two -car, rear -loaded garage (i.e. facing
inward, not toward public streets or private drives). Walkways would connect unit
front doors to public and private sidewalks. Each building will also have balconies and
include landscaped grass front yards. However, the amount of private open space per
unit is minimal, as the concept is built around shared open space. Centrally located on
the site would be a landscaped common plaza of approximately 14,000 square feet with
benches, plantings, walkways, and open green space. There is also a 10,605- square -
foot common area oriented north -south between the buildings in the southwest portion.
In the southeast portion, a stormwater detention area ("dry" basin, not a pond) of
approximately 69,050 -square feet (1.6 acres) is shown, with 21 adjacent surface
parking spaces intended for visitors. Fifteen additional spaces intended for visitors are
interspersed through the development for a total of 286, which would meet the parking
minimum of Section 12-9-7.
The Building Design Review requirement under Section 12-3-11 would apply. In
general, the applicant is proposing that for the elevations that would face public streets,
the primary material is face brick on all three stories with projections of
complementary vinyl. Elevations that would not face public streets contain face brick
only on the ground floor, and where garage doors are shown, the brick is interrupted.
Considering the large scale of the redevelopment, the proposal is somewhat restrained
in tree removal. According to the petitioner, healthy trees in the existing row at the
Page 8 of 12 08/16/21
north lot line will be preserved and augmented where necessary. These plantings along
with existing and proposed fencing should serve as effective screening and separation
between the development, the single-family residential neighborhood to the north, and
the commercial development to the east. New plantings throughout the development
appear to provide both functional and aesthetic benefits.
The petitioner is requesting the following exception under Section 12-3-5 from the
regulations for the proposed R-3 district:
- Minimum lot area: Seventy-nine units are proposed with a lot area of 923
square feet, and 46 units are proposed at 1,038 square feet. The proposed lot
area for each unit includes only the livable space inside the building and a small
landscaped front yard. All other area in the development (e.g. open space,
driveways, stormwater detention) is allocated not to dwelling units but instead
to the development overall. The minimum lot area per dwelling unit
requirement pursuant to Section 12-7-2(J) is 2,800 square feet.
In the version of plans recommended for approval by the Planning and Zoning Board
(PZB), the northernmost row of buildings were set back 21 feet from the north lot line
when a minimum of 25 feet is required, so the petitioner was requesting a rear -yard
exception, as well. However, after listening to input at the public hearing, the petitioner
revised the drawings to move these buildings to the south such that a rear -yard
exception is no longer necessary.
Regarding streets and access, the petitioner proposes that most of the northsouth
portion of Executive Way — where it connects to Oakton and borders the post office —
would remain a public street. However, at a point just south of the existing curve, the
developer would construct a new east -west private drive and demolish the existing
east -west segment of Executive Way. This would require a vacation of approximately
30,000 square feet. Similarly, a portion of Times Drive (approximately 7,700 square
feet) would also be vacated and become private. The petitioner's traffic report
discusses the parking and trip generation for the proposed townhouse development in
more detail. The final conclusion is that the existing roadway system can absorb the
new traffic and activity created by the development. The Illinois Department of
Transportation (IDOT), citing existing signalized intersections at Lee Street and
Webster Lane (1,600 feet apart), does not support the creation of an additional
signalized intersection at Oakton. Pedestrians would be required to use the sidewalk
on the north side of Oakton before reaching a marked crossing, approximately 700-
800 feet in each direction (three -to -five-minute walk for an able-bodied person).
However, to accommodate walking to shopping, particularly for groceries at Jewel -
Osco, a pedestrian opening is proposed at the east lot line, near the detention pond.
The petitioner has requested a map amendment to rezone the subject property from C-
3 General Commercial to R-3 Townhouse Residential. Although the site is illustrated
as commercial in the 2019 Comprehensive Plan, the 2009 Oakton-Elmhurst Plan sets
forth a vision with residential occupying much of the site — albeit with some
commercial fronting Oakton Street. Nonetheless, R3 is present about 1,000 feet to the
west and does directly border Oakton Street. In general, residential is necessary
proximate to commercial areas to support their vitality, and while this project would
front Oakton Street, it would not front Lee Street, thus preserving commercial use at
the main intersection of the Oakton-Lee area. The creation of the Oakton-Lee TIF
Page 9 of 12 08/16/21
district, as well as the City's vision to establish a Metra commuter train station at
Oakton and the North Central Service line, calls for adding residential units in the
vicinity and activating vacant sites. Additionally, any unsubsidized, market-driven
development early in the life of the TIF is helpful to increase the assessed value and
generate an increment to be used for future revitalization.
Other than the minimum -lot -area -per-unit exception, the proposed development would
meet all other R-3 bulk regulations as excerpted in this table:
Bulk Regulations for R-3 Townhouse Residential
Yard
Required
Proposed
Front Yard (South)
Min.: 25 Feet
25 Feet
Rear Yard (North)l
Min.: 25 Feet, if
Building Height
< 35 feet
25 Feet
Side Yard (East)
Min: 5 Feet
22 Feet
Corner Side Yard
(West)
Min: 10 Feet
21 feet
Building Height
Three stories
Max: 45 Feet
(About 35 feet)
A conditional use is required in R-3 by virtue of the proposed PUD. Conditional uses
for PUDs are approved at the time of final plat, but nonetheless, the request and
requirement are listed here for the record.
The petitioner is requesting a Tentative Plat of Subdivision to resubdivide the subject
property. Under Section 13-3-1 the Subdivision Regulations require improvement of
adjacent rights-of-way, which means, for example, that Executive Way next to the Post
Office will receive new curb, gutter, and resurfacing. Further, under Section 13-4 the
Subdivision Regulations require park land dedication and/or fee -in -lieu, although
proposed private open space could provide a partial offset.
The existing property contains eight lots, which would be divided into lots for each
individual townhouse unit (125), plus six lots for common areas, private drives, and
the stormwater detention area for a total of 131. The new subdivision will encompass
the entire 11.2 -acres of the site. The petitioner's Tentative Plat shows that the size of
each townhouse parcel will vary from 923 square feet in size for interior units to 1,038
square feet in size for end units. The Tentative Plat also shows the following existing
easements: (i) a 13 -foot Public Utility Easement and 20 -foot building line on both sides
of Executive Way throughout the development; (ii) a 13 -foot Public Utility Easement
and 20 -foot building line on both sides of Times Drive throughout the development;
(iii) a 20 -foot building line along Oakton Street on the south side of the lot; (iv) a ten -
foot electric and telephone easement and 24 -foot ingress, egress, and driveway
easement behind the commercial development on the south side of the lot; (v) a 23 -
foot public utility easement along the existing drive aisle east of the proposed detention
area; (vi) a 15 -foot public utility easement along the east property line of the
development; and (vii) a five-foot public utility easement located along the north
property line of the development. The proposed tentative plat illustrates vacations of
portions of Executive Way and Times Drive with their respective easements.
Page 10 of 12 08/16/21
The applicant will seek vacations of public streets. The community will not be gated
where public streets would transition into private drives. Furthermore, regarding Times
Drive, the commercial property at the northeast corner of Times and Oakton relies on
Times for access. It is recommended the City retain the southernmost approximately
110 linear feet, with a redevelopment agreement stating that townhouse owners will be
responsible for maintenance of this segment. The City is in the process of appraising
the right-of-way areas, and staff recommends that executing the agreement(s) and
recording the corresponding plat is a condition for approval.
The PZB held a public hearing with due notice on June 22, 2021 to consider the
proposed project and requests, and to vote on a recommendation to the City Council.
The PZB recommended (4-0) that the City Council approve the requests with
conditions. Similarly, staff recommends approval of the requests via Ordinance Z-40-
21, which approves a Preliminary Planned Unit Development, Tentative Plat of
Subdivision, and Map Amendment from C-3 to R-3, subject to:
1. The Petitioner must prepare and submit to the City: (i) a Final Plat of PUD for
the Subject Property that meets all the requirements of Section 12-3-5 and
Section 12-14-5 of the Zoning Ordinance; and (ii) a Final Plat of Subdivision
for the Subject Property; that meets all the requirements of the Subdivision
Regulations.
2. A development agreement between the Petitioner and the City and a plat of
vacation, in forms acceptable to the City's General Counsel, must be submitted
for approval by the City Council concurrently with the approval of the Final
Plat of PUD and Final Plat of Subdivision. The Preliminary Plat of PUD and
the Tentative Plat of Subdivision should be revised, if necessary, to reflect the
final agreed-upon vacations. The Development Agreement and the Plat of
Vacations must be recorded concurrently with the Ordinance approving the
Final Plat of PUD and Final Plat of Subdivision.
3. All governing documents for the Proposed Development including covenants,
conditions, and restrictions, or operating reciprocal easement agreements must
be submitted to and approved by the City's General Counsel prior to the
recording of any Final Plat of PUD or Final Plat of Subdivision.
4. The Petitioner must obtain approval of its final engineering plans for the
Subject Property from the City of Des Plaines Public Works and Engineering
Department. 5. The final plans submitted with the Final Plat of PUD shall be
in substantial compliance with the Preliminary Plat of PUD, except that plans
shall be labeled to demonstrate construction of a new fence at the north lot line
instead of utilizing the existing fence. City Council may determine in its
discretion at the time of Final Plat approval that for the purposes of tree
preservation or another compelling reason that rehabilitation of the existing
fence is acceptable in lieu of constructing a new fence.
Several residents expressed their concerns with various aspects of the development.
The developer, M/I Homes, addressed details of the development such as parking,
detention pond, and fence.
Page 11 of 12 08/16/21
Moved by Brookman, seconded by Zadrozny, to send Ordinance Z-40-21 back to staff
and defer to the City Council Agenda on September 7, 202. Upon voice vote, the vote
was:
AYES: 6 - Moylan, Oskerka, Zadrozny,
Brookman, Chester, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Smith
Motion declared carried.
CONSIDER
Community and Economic Development Manager Carlisle reviewed a memorandum
SUPPORTING &
dated August 5, 2021.
CONSENTING A
RENEWAL OF
Applicant Rawls Road Properties LLC is the owner of 70 Rawls Road and is requesting
CLASS 6B
a Cook County Property Tax Class 6b renewal resolution. Class 6b incentives, which
CLASSIFICATION
are designed to encourage industrial investment by reducing the assessment level of
FOR THE
eligible properties for 12 years, may be renewed once for up to 10 years. Renewals
PROPERTY
may be requested and approved earlier than the 12 -year mark. The subject property has
LOCATED AT 70
been 100 percent vacant and unused since 2019.
RAWLS ROAD
Resolution
The property is 51 years old and consists of a 14,780 -square -foot industrial building
R-134-21
on a 38,117- square -foot site. The original Class 6b incentive (Resolution R-33-14)
was approved in 2014, activated by the County soon after, and applied to the 2013
property tax bill. Currently in its eighth year, the 6b incentive reduced the assessment
level from the typical 25 percent to 10 percent. Without a renewal at this time, the
assessment level would climb to 15 percent in 2024 and 20 percent in 2025, expiring
in 2026 with a full assessment level (25 percent). The initial 6b allowed the applicant
to replace and install new dock doors, replace the roof, complete tuckpointing work
and general repair and maintenance, as well as secure tenant Dynamic Rubber, Inc.,
which occupied 100 percent of the facility until October 2019.
The applicant now plans to lease the entire property to Deltamax Freight System Inc.
for logistics, warehousing, assembly, and fulfillment services. Deltamax is a
transporting cargo company, specifically an international air and ocean freight
forwarder, established in Taipei, Taiwan, in 1980. Deltamax also provides professional
packaging, short- and long-term storage, inventory management, fulfillment, and
consolidation. Deltamax intends to relocate to Des Plaines from 560 Bonnie Lane, Elk
Grove Village, transferring its six employees. Deltamax plans to hire additional
employees (two -to -three full-time and one -to -two part-time) over the course of the
renewal period with a priority to hire qualified Des Plaines residents.
If the renewal is granted, the applicant's investment in improvements would total
approximately $155,000 over the life of the renewal. The applicant projects the
property will have a new market value after improvements of $1,163,200.
Annual Property Tax Scenarios for 10 Years:
1. Estimated taxes as is (no 6b renewal & full vacancy): $27,414
2. Estimated taxes with a 6b renewal, improvements, and full occupancy: $31,304
3. Estimated taxes without a 6b renewal, but with improvements, and full
occupancy: $67,831
Page 12 of 12
08/16/21
If granted, the renewal would be activated and applied to the 2020 tax bill and lead to
a 10 -percent assessment level through tax year 2029 (calendar year 2030). In the
following two years, the assessment level would climb to 15 percent and 20 percent
successively, then returning to the fall 25 percent assessment level in the subsequent
year.
Moved by Oskerka, seconded by Chester, to approve the Resolution R-134-21, A
RESOLUTION SUPPORTING AND CONSENTING TO RENEWAL OF CLASS 6B
CLASSIFICATION FOR THE PROPERTY LOCATED AT 70 PAWLS ROAD
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Zadrozny,
Brookman, Chester, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Smith
Motion declared carried.
CLOSED Moved by Brookman, seconded by Chester to enter into Closed Session to discuss
SESSION: Property Acquisition. Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Zadrozny,
Brookman, Chester, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Smith
Motion declared unanimously carried.
The City Council recessed at 8:58 p.m.
The City Council re -convened at 9:19 p.m.
ADJOURNMENT: The meeting adjourned at 9:19 p.m.
G�-
Je c M. Mastalski — City Clerk
APPROVED BY ME THIS
DAY OF , 2021
Andrew Goczkowski, MAYOR