Council Minutes 12-06-21MINUTES 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, DECEMBER 6,
2021
CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order
ORDER by Mayor Goczkowski at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers,
Des Plaines Civic Center on Monday, December 6, 2021.
ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi. A quorum was present.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of
Public Works and Engineering Oakley, Director of Community and Economic Development Carlisle, Fire Chief
Anderson, 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 were
PLEDGE offered by Alderman Chester.
RECOGNITION Life -Saving Award was presented by Mayor Goczkowski and Police Chief Anderson to
Officer Connolly and Officer J. Garcia.
MINUTES OF THE PUBLIC HEARINGS HELD IN THE ELEANOR ROHRBACH
At its November 1, 2021 meeting, the Council voted 6-2 in favor of a motion to reconsider the
denial of Ordinances Z-52-21 and Z-53-21. The Council referred the matter for a public
hearing, for which due public notice has been given. To accommodate due notice, the hearing
has been scheduled for December 6, 2021.
The petitioner has submitted additional or clarified information, to this report and summarized
here:
• Image Des Plaines LLC, the billboard company, is the sole contract purchaser of the
land for the commercial development site. Assuming completion of the contingent real
estate transaction with seller Prominence Des Plaines LLC, Image Des Plaines — not
the retail developer, GW Properties — will control the site. For this reason, the plans
proposed by GW cannot be realized without the participation and cooperation of Image
Des Plaines.
MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, MONDAY,
DECEMBER 6, 2021
PUBLIC HEARING/
Mayor Goczkowski called the Public Hearing for reconsideration of Ordinances Z-52-21 and
ZONING TEXT
Z-53-21 Case 21 -042 -TA -V: zoning text amendments and variation to allow a new electronic
AMENDMENTS
message board billboard in the southeast portion of the proposed development at Mannheim
Ordinance
Road and Pratt Avenue (2805-2845 Mannheim Road) to order at 7:05 p.m.
Z-52-21
Ordinance
Director of Community and Economic Development Carlisle reviewed a memorandum dated
Z-53-21
November 23, 2021.
At its October 18, 2021, meeting the City Council approved Ordinance Z-51-21, which granted
necessary zoning relief for a proposed commercial development on the approximately four -
acre site at the southeast corner of Mannheim Road and Pratt Avenue. The Council advanced
the item to second reading, granting final approval of the ordinance. However, at the same
meeting, the Council denied Ordinances Z-52-21 and Z-53-21, which would have approved a
separate but related petition for relief to install a new billboard sign in the southeast corner of
the development.
At its November 1, 2021 meeting, the Council voted 6-2 in favor of a motion to reconsider the
denial of Ordinances Z-52-21 and Z-53-21. The Council referred the matter for a public
hearing, for which due public notice has been given. To accommodate due notice, the hearing
has been scheduled for December 6, 2021.
The petitioner has submitted additional or clarified information, to this report and summarized
here:
• Image Des Plaines LLC, the billboard company, is the sole contract purchaser of the
land for the commercial development site. Assuming completion of the contingent real
estate transaction with seller Prominence Des Plaines LLC, Image Des Plaines — not
the retail developer, GW Properties — will control the site. For this reason, the plans
proposed by GW cannot be realized without the participation and cooperation of Image
Des Plaines.
Page 2 of 19 12/6/21
• Assuming approval of the billboard petition, which would facilitate the planned
transaction between Image Des Plaines and GW Properties, GW can confirm all four
tenant uses in the commercial development and three of the brands:
o Outback Steakhouse in a 5,000 -square -foot freestanding building;
o First Watch, a breakfast -lunch restaurant, in a 4,000 -square -foot "end cap"
space in the multitenant building;
o Five Guys Burgers and Fries in a 2,500 -square -foot end cap unit; and
o A retail cannabis (adult use/recreational) dispensary in the 4,000 -square -foot
middle space of the multitenant building. The petitioner is not disclosing the
brand of the operator.
As a result of the approved zoning map amendment to the C-3 district (Ord. Z-51-21,
October 18, 2021), all of these uses are permitted.
• The development would generate additional revenue in multiple ways:
o Property tax: The current annual property tax bill is about $64,000. Based on
comparable commercial development in the area 1, an estimated annual
property tax bill for the proposed development is $220,000. Because the
property is located in TIF District No. 7, the additional annual revenue —
estimated at approximately $150,000 — would go into the TIF 7 fund, which
has a negative fund balance. Neither Image Des Plaines nor GW are asking
for TIF or any other incentives.
o Food and beverage tax: The following are annual average national per -store
sales for each of the proposed restaurant tenants:
■ Outback: $3.6 million
■ First Watch: $1.6 million
■ Five Guys: $1.2 million
Applying the one percent local tax and these volumes, an estimated $64,000
in local food and beverage tax could be generated annually, assuming average
performance of the stores.
o Local cannabis tax: Research from various cannabis business sources reveals
a range of national average annual sales between $974-$1,773 per square foot.
Using the middle of the range, annual sales in this location would be an
estimated $5.5 million, which would generate $165,000 per year through the
City's three percent cannabis tax, not including additional sales taxes (e.g.
Municipal Retailer's Occupation Tax, Home Rule Retailers' Occupation Tax).
• The petitioner has stated in their submittals as well as at the October 18 meeting that
soil quality and environmental site issues make the project costlier than a typical
commercial development on a similar site. They have provided additional details:
o Soil excavation, hauling, and disposal will be up to $500,000 more for this site
than normal.
o Poor soils will lead to more expensive and complicated building foundations
and footings to obtain proper structural integrity of the new buildings.
• The property is bound to certain covenants and restrictions such as building height,
building locations, and signage locations.
• For Image Des Plaines and GW to execute a deal to begin the development, the
petitioner has said the necessary zoning entitlements for the proposed billboard — the
requests for text amendments and variation — must be approved.
The petitioner and contract purchaser of 3.8 acres at the southeast corner of Mannheim Road
and Pratt Avenue (2805-2845 Mannheim Road) proposes erecting a new electronic message
board billboard in concert with a proposal for a restaurant -retail development (Case 21-041-
MAP-TSUB-V, tentatively approved by Ordinance Z-51-21). The petitioner is requesting
approval of text amendments to two Sections of the Zoning Ordinance to allow the project: 1.)
To Section 12-11-5.1-1, which currently allows electronic message board billboards only
through the conversion of existing static billboards, and 2.) to 12-11-6.13 to increase the
Page 3 of 19 12/6/21
maximum number of City billboard permits that can be issued from 12 to 13, as well as an
exemption for billboards from the 600 -square -foot area limitation for all signage on lots of 5
acres or less. Finally, the petitioner is seeking a variation to allow a portion of a billboard to
be within 300 feet of a residential property line (127 feet).
Image Des Plaines LLC is contract purchaser of the undeveloped approximately four acres at
the southeast corner of Mannheim Road and Pratt Avenue, roughly bordered by the Canadian
National rail line on the east and I-90/Tollway on the south. Aside from an existing static
billboard in the southwest corner of the site, it is currently vacant. In the southeast corner of
the site the petitioner intends to erect a new electronic message board billboard on one sign
face (facing east), a static billboard on the other sign face (facing west), on a structure not to
exceed 99 feet in height. Each 1,200 -square -foot sign face is aimed at 1-90 traffic. The last
time the City raised its allowance for number of billboard permits was in 2005 by Ordinance
Z-24-05. The new billboard would be wholly within Lot 4 in the subdivision proposed in the
Tentative Plat of Subdivision that is part of the application for Case 21-041- MA-TSUB-V
(Ordinance Z-51-21). According to the petitioner, the billboard is integral to the financing for
the commercial development proposal inherent to that application.
However, permitting the billboard requires 1.) a text amendment to Section 12- 11-5 to allow
an electronic message board as an initial installation, as currently they may only occur through
conversions of existing static, non -electronic billboards; 2.) a text amendment to Section 12-
11-6 to increase the maximum number of total City billboard permits (both static and electronic
message board) from 12 to 13; 3.) another text amendment to 12-11-6 to exempt billboards
from the signage limitation of 600 square feet on parcels of less than 5 acres; and 4.) a variation
from the provision that requires at least 300 feet between any portion of a billboard and a
residential property line. The closest portion of the proposed billboard "V" (i.e. two sign faces)
is the northeast corner. Per the measurement method prescribed by the Ordinance, the billboard
is 127 feet from residentially zoned property, which is PIN 09-33-302-002, an unimproved,
wooded property owned by ComEd. However, the closest lot line of a property improved with
a residence is 316 feet away. Based on staff review, the proposed billboard would meet the
other zoning and location requirements, which generally include:
- The proposed location must be on a lot zoned C-1, C-2, C-3, M-1 M-2 or M-3 (the
subject site is now zoned C-3);
- The billboard must be within 660 feet of I-90 or I-294
- The proposed billboard must satisfy the spacing requirements of the Illinois
Advertising Control Act
- All third -party government approvals must be obtained
The petitioner has already sought approval from the Illinois Department of Transportation and
the Federal Aviation Administration. However, no billboard can be constructed on this
property without first obtaining approval from the City of Des Plaines.
The PZB held a public hearing and reviewed and concurred with the petitioner's responses to
text amendment and variation standards and the staff memo comments. The Board voted 5-0
to recommend approval of both requests.
Should the Council vote to approve the request, the following conditions for the variation are
recommended:
1. The elevation drawing is revised so the billboard structure will not exceed 99 feet in
height.
2. All required Illinois Department of Transportation (IDOT) and Federal Aviation
Administration (FAA) approvals are completed and obtained.
Additionally, the recommended effective date of the variation is tied to the installation of
building foundations for the commercial development approved by Ordinance Z-51-21.
Page 4 of 19 12/6/21
Mayor Goczkowski questioned whether the billboard will be able to proceed if the building is
not developed.
Alderman Chester stated there is strong opposition from the residents regarding the addition
of a new billboard. He also is concerned with the proximity of Orchard School to the proposed
Cannabis dispensary; he does not believe there should be such exposure to the children. He
recognized the property needs to be developed.
Alderman Brookman requested further information from the developer. She wanted to know
if Image Des Plaines is affiliated with Image Media. She also asked for further information
about the billboard — about whether one side will be digital and one will static.
Alderman Brookman has concerns that the building will not come into fruition if the billboard
permit is granted without any further stipulations regarding site grading, site remediation, and
signed leases.
Alderman Smith acknowledged the drive for this property is the billboard, but she is concerned
with ability to develop the property. She believes the verbal guarantee of footings for the
foundation are not enough. Alderman Smith stated she is concerned the billboard will be
developed and the building will not come into fruition.
Alderman Brookman questioned why the name of the potential Cannabis dispensary lessee is
not being released to the City Council. She is also concerned with possible future litigation
regarding billboards if this Ordinance is approved.
Representatives from Image Des Plaines LLC and GW Properties answered questions from the
Alderman.
Alderman Oskerka asked for further information regarding the environmental study, and
questioned why this information had not previously been provided by the developer to the City
Council.
Moved by Moylan, seconded by Oskerka, to approve the Ordinance Z-52-21, AN
ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE
REGARDING BILLBOARDS (CASE #21 -042 -TA -V).
No vote due to an amendment to the motion.
Moved by Brookman, seconded by Chester, to approve an amendment to the Ordinance Z-52-
21 allowing for a foundation only permit for the billboard with the full permit for the billboard
not to be issued until the foundations of the billboard and building are complete, AN
ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE
REGARDING BILLBOARDS (CASE #21 -042 -TA -V).
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Moved by Moylan, seconded by Oskerka, to approve the Ordinance Z-52-21 as amended, AN
ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE
REGARDING BILLBOARDS (CASE #21 -042 -TA -V).
Upon roll call, the vote was:
Page 5 of 19 12/6/21
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Smith, Ebrahimi
NAYS: 1 - Chester
ABSENT: 0 - None
Motion declared carried.
Advanced to Second Reading by Moylan, seconded by Zadrozny, to adopt the Ordinance
Z-52-21 as amended, AN ORDINANCE AMENDING THE TEXT OF THE DES PLAINES
ZONING ORDINANCE REGARDING BILLBOARDS (CASE #21 -042 -TA -V).
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka, Zadrozny,
Ebrahimi, Mayor Goczkowski
NAYS: 3 - Brookman, Chester, Smith
ABSENT: 0 - None
Motion declared carried.
Moved by Moylan, seconded by Oskerka, to approve the Ordinance Z-53-21 incorporating
amendments to Ordinance Z-52-21, AN ORDINANCE APPROVING A MAJOR
VARIATION FROM SECTION 12-11-6.13 OF THE CITY OF DES PLAINES ZONING
ORDINANCE AT 2805-2845 MANNHEIM ROAD TO ALLOW THE CONSTRUCTION
OF A BILLBOARD (CASE #21 -042 -TA -V).
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Smith, Ebrahimi
NAYS: 1 - Chester
ABSENT: 0 - None
Motion declared carried.
Advanced to Second Reading by Moylan, seconded by Oskerka, to adopt the Ordinance
Z-53-21 incorporating amendments to Ordinance Z-52-21, AN ORDINANCE APPROVING
A MAJOR VARIATION FROM SECTION 12-11-6.13 OF THE CITY OF DES PLAINES
ZONING ORDINANCE AT 2805-2845 MANNHEIM ROAD TO ALLOW THE
CONSTRUCTION OF A BILLBOARD (CASE #21 -042 -TA -V).
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka, Zadrozny,
Ebrahimi, Mayor Goczkowski
NAYS: 3 - Brookman, Chester, Smith
ABSENT: 0 - None
Motion declared carried.
PUBLIC HEARING/
Mayor Goczkowski called the 2020 CDBG Consolidated Annual Performance & Evaluation
2020 CDBG
Report (CAPER)/Resolution R-192-21: Approving the Community Development Block Grant
CONSOLIDATED
Program Consolidated Annual Performance and Evaluation Report for Program Year 2020
ANNUAL
Public Hearing to order at 7:53 p.m.
PERFORMANCE &
EVALUATION
Director of Community and Economic Development Carlisle reviewed a memorandum dated
REPORT
November 23, 2021.
Resolution
R-192-21
The Consolidated Annual Performance & Evaluation Report (CAPER) is an annual document
detailing the accomplishments of the Community Development Block Grant (CDBG) program
and requires City Council approval before submitting to the U.S. Department of Housing and
Urban Development (HUD).
The City of Des Plaines Program Year (PY) 2020 CAPER summarizes the program
performance of Year 1 of the CDBG Consolidated Plan (PY2020 Action Plan, October 1, 2020,
Page 6 of 19 12/6/21
to September 30, 2021). The CAPER reports on the expenditures and accomplishments of the
public service, housing, and infrastructure programs performed with respect to the goals
established in the Action Plan.
This public hearing completes the required public comment period as required by HUD. The
15 -day public comment period for the CAPER began November 17, 2021, following a public
notice published in the Journal and Topics on November 3, 2021. The CAPER is available for
public viewing at the Civic Center, as well as at the following link:
www.desplaines.org/draft202Ocaper.
Moved by Chester, seconded by Zadrozny, to approve the Resolution R-192-21, A
RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT FOR PROGRAM YEAR 2020.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 1 - Brookman
ABSENT: 0 - None
Motion declared carried.
Mayor Goczkowski adjourned the Public Hearing at 7:55 p.m.
PUBLIC COMMENT Resident John Maag stated he was upset regarding the handling of the second readings during
the Public Hearings. He also questioned the status of the senior discount on the water bill. In
addition, he asked why the City has not had a Des Plaines Theatre opening ceremony for the
residents. He also stated his objection to a data center development at Maple and Touhy; he is
concerned with the potential noise pollution and electric outages.
Alderman Chester responded to the resident stating it is his understanding the data center is
not currently a viable project.
ALDERMEN Alderman Lysakowski thanked Public Works for the Downtown holiday city lights.
ANNOUNCEMENTS
Alderman Oskerka thanked City staff for their work with the Holiday Tree Lighting.
Alderman Brookman believes having a Des Plaines Theatre opening ceremony for the
residents is a wonderful idea.
Alderman Chester concurred with Alderman Brookman regarding an opening ceremony for
the Des Plaines Theatre.
Alderman Smith thanked the Des Plaines Community Foundation Group along with their
associated sponsors and volunteers for delivering Thanksgiving meals to Des Plaines residents
in need.
Alderman Ebrahimi stated his appreciation for the Holiday Tree Lighting.
MAYORAL Mayor Goczkowski stated the City staff did an amazing job at the Holiday Tree Lighting.
ANNOUNCEMENTS
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
Page 7 of 19 12/6/21
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 Chester, 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: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
CONSENT AGENDA Moved by Brookman, seconded by Oskerka, to establish the Consent Agenda.
APPROVE CNTRCT/
NUISANCE ABAT &
GRASS CUTTING/
CLAUSS
BROTHERS, INC
Consent Agenda
Resolution
R-193-21
APPROVE CNTRCT/
EL INSP/
CITYWIDE
ELEVATOR
INSPECTION
SERVICES INC
Consent Agenda
Resolution
R-194-21
Moved by Lysakowski, seconded by Zadrozny, to approve the Consent Agenda.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Minutes were approved; Ordinance M-28-21, M-29-21 were adopted; Resolutions R-193-21,
R-194-21, R-196-21, R-197-21, R-198-21, R-199-21, R-201-21 were adopted.
Moved by Lysakowski, seconded by Zadrozny to Approve Resolution R-193-21, A
RESOLUTION APPROVING THE SECOND RENEWAL OF A CONTRACT WITH
CLAUSS BROTHERS, INC FOR NUISANCE ABATEMENT AND GRASS CUTTING
SERVICES. Motion declared carried as approved unanimously under Consent Agenda.
Moved by Lysakowski, seconded by Zadrozny to Approve Resolution R-194-21, A
RESOLUTION APPROVING THE FIRST RENEWAL OF A CONTRACT WITH
CITYWIDE ELEVATOR INSPECTION SERVICES INC FOR ELEVATOR INSPECTION
AND SAFETY DEVICE PLAN REVIEW SERVICES. Motion declared carried as approved
unanimously under Consent Agenda.
Page 8 of 19 12/6/21
APPROVE PURCH/ Moved by Lysakowski, seconded by Zadrozny to Approve Resolution R-196-21, A
WOOD CHIPPER/ RESOLUTION AUTHORIZING THE PURCHASE OF A MORBARK WOOD CHIPPER
ALEXANDER FROM ALEXANDER EQUIPMENT COMPANY THROUGH SOURCEWELL. Motion
EQUIPMENT declared carried as approved unanimously under Consent Agenda.
COMPANY
Consent Agenda
Resolution
R-196-21
APPROVE TASK Moved by Lysakowski, seconded by Zadrozny to Approve Resolution R-197-21, A
ORD NO. 9/ FIRE RESOLUTION APPROVING TASK ORDER NO.9 WITH FGM ARCHITECTS, INC FOR
STATION 61 ARCHITECTURAL DESIGN SERVICES FOR THE REMODELING OF FIRE STATION
REMODEL/ FGM 61. Motion declared carried as approved unanimously under Consent Agenda.
ARCHITECTS, INC
Consent Agenda
Resolution
R-197-21
APPROVE TASK Moved by Lysakowski, seconded by Zadrozny to Approve Resolution R-198-21, A
ORD NO. 10/ CITY RESOLUTION APPROVING TASK ORDER NO. 10 WITH FGM ARCHITECTS INC FOR
HALL & POLICE ARCHITECTURAL DESIGN SERVICES FOR THE REMODELING OF CITY HALL AND
STATION LOBBIES/ POLICE STATION LOBBIES. Motion declared carried as approved unanimously under
FGM ARCHITECTS, Consent Agenda.
INC
Consent Agenda
Resolution
R-198-21
APPROVE MSTR Moved by Lysakowski, seconded by Zadrozny to Approve Resolution R-199-21, A
CNTRCT/ PROF RESOLUTION APPROVING A MASTER CONTRACT WITH MANHARD
ENGR SVCS/ CONSULTING LTD FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared
MANHARD carried as approved unanimously under Consent Agenda.
CONSULTING LTD
Consent Agenda
Resolution
R-199-21
APPROVE AGRMT/ Moved by Lysakowski, seconded by Zadrozny to Approve Resolution R-201-21, A
IMP ON US RTE 14/ RESOLUTION APPROVING AN AGREEMENT WITH THE ILLINOIS DEPARTMENT
IDOT OF TRANSPORTATION FOR IMPROVEMENTS ON US ROUTE 14 FROM NICHOLAS
Consent Agenda DRIVE TO WESTERN AVENUE. Motion declared carried as approved unanimously under
Consent Agenda.
Resolution
R-201-21
SECOND READING/ Moved by Lysakowski, seconded by Zadrozny to Approve Ordinance M-28-21, AN
ORDINANCE ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "B" LIQUOR
M-28-21 LICENSE. Motion declared carried as approved unanimously under Consent Agenda.
Consent Agenda
Page 9 of 19 12/6/21
SECOND READING/ Moved by Lysakowski, seconded by Zadrozny to Approve Ordinance M-29-21, AN
ORDINANCE ORDINANCE TERMINATING THE DESIGNATION OF TIF NO. 1 AS A
M-29-21 REDEVELOPMENT PROJECT AREA UNDER THE TAX INXCREMENT ALLOCATION
Consent Agenda REDEVELOPMENT ACT. Motion declared carried as approved unanimously under Consent
Agenda.
APPROVE Moved by Lysakowski, seconded by Zadrozny to Approve the Minutes of the City Council
MINUTES meeting of November 15, 2021, as published. Motion declared carried as approved
Consent Agenda unanimously under Consent Agenda.
APPOINTMENTS Mayor Goczkowski read the following appointment for consideration, no action was required:
YOUTH COMMISSION
Maria Rosa Cullotta — Term to Expire 9/4/2024
Maria Rosa Cullotta thanked the City Council for the consideration of her appointment; and
she gave a brief summary of her community connection.
UNFINISHED
BUSINESS
CONSIDER
Director of Community and Economic Development Carlisle reviewed a memorandum dated
AMENDING THE
November 23, 2021.
TEXT OF THE
ZONING
At the November 15, 2021, City Council meeting, the Council voted to approve the proposed
ORDINANCE
amendments within Ordinance Z-55-21 as revised. If approved, the revised portion would be
REGARDING OFF-
inserted into the Zoning Ordinance under Section 12-9-3.13 to read:
STREET PARKING
IN APPROVED
2. Any required parking spaces in the separate zoning lot are within 300 feet of the use
PLANNED UNIT
served, measured from the main entrance of the use and the nearest point of the
DEVELOPMENTS,
separate zoning lot.
COLLECTIVE OFF-
STREET PARKING,
The 300 -foot distance would apply for all uses and the stated distance measurement method
AND ELECTRIC
reflects the Council's motion.
VEHICLE
CHARGING
Collective and Shared Parking
PARKING SPACES
In general, the City wants to foster the efficient use of land and to give businesses,
(CASE #21 -038 -TA)
organizations, and developments flexibility in how they meet their off-street parking
Ordinance
requirements. The Zoning Ordinance, which establishes the City's off-street parking rules,
Z-55-21
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 and preferred
arrangement is for each property to have enough parking on its own site for all uses served,
occasionally this is not feasible. Additionally, 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 served. For these reasons the City tries not to turn away
potential users simply because the property they desire to occupy is deficient in on-site parking.
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 that leads to all or a portion of parking going unused.
Page 10 of 19 12/6/21
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 Planning & Zoning Board (PZB) to study amendments that would prevent future
protracted considerations of generally unworkable shared parking arrangements. The
Council's intent is not to eliminate the potential for requirements to be met through off-site or
shared parking agreements. However, the Council suggests that a minimum distance, similar
to other communities, be established, as well as other common-sense limitations.
As part of research for the draft amendments, staff sought assistance from the Northwest
Municipal Conference (NWMC), which distributed survey questions to other communities.
Staff summarized the responses for inclusion in this report to support the rationale for the
proposed amendments. At the September 14, 2021 public hearing, the PZB asked staff to
research additional communities beyond those surveyed, specifically Arlington Heights and
Palatine. The PZB gave feedback, also, that the 300 -foot distance initially proposed was too
restrictive. In the Board's opinion, the measurement method initially proposed — from the main
entrance of the use served to the off-site parking spaces — may be difficult or complicated to
review and enforce. Members proposed a simpler lot -line -to -lot -line measurement method,
which is used in other contexts in the Zoning Ordinance. In addition, the Board recommended
that based on research of additional communities, it would be appropriate to distinguish
between types of uses when setting the distance. They continued the hearing to October 26,
2021, when staff returned with additional research and revised amendments. Finally, to
understand how the allowance is working in practice in Des Plaines, the Board requested to
see an agreement that had been somewhat recently executed.
The City Council considered the matter at its November 16, 2021, meeting and decided via
motion to revise the amendments back to a 300 -foot distance and to change the measurement
method: Measure from the main entrance of the use served to the nearest point of the zoning
lot for the separate, off-site parking area.
In summary, the revised amendments do the following:
• Clarify zoning administrator and City Council authority to approve shared or off-site
parking, depending on the process;
• Reword "reduction" in off-street parking requirement instead as a "fulfillment";
• Require that shared parking agreements be kept current and filed with the Department
of Community and Economic Development; and
• Reorganize and add to the limitations for when shared, off-site parking on privately -
owned zoning lots is possible.
Electric Vehicle Charging Spaces
On October 18, 2021, the City Council adopted the Chicago Region's Climate Action Plan and
joined the Metropolitan Mayors Caucus' Greenest Region Compact. This action signals
affirmation for the consideration of policy changes that will lead to greater environmental
sustainability. One component is decarbonizing transportation and reducing emissions. The
conversion to electric vehicles from traditional engines that require combustible fossil -fuel
products is one action being taken around the world.
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
Page 11 of 19 12/6/21
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.
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. Attempting to address the reasonably foreseeable circumstances without
over -regulating, amendments are proposed 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 and
all necessary structures adjacent to the charging spaces; The definition for "Electric
Vehicle Charging Space" allows these spaces to count for up to 5 percent of an off-
street parking minimum (e.g. 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;
o The definition excludes private residential facilities so as not to affect those
who, for example, choose to install one EV charging space in their two -car
home garage. This is already allowed and is not intended to be changed.
• 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;
• 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
o Minor changes may be approved administratively, without a public hearing
and months -long public process. These amendments are designed to avoid an
onerous approval process for property owners/managers who chose to allocate
more accessible parking than is required.
On September 14, 2021, the PZB voted 6-0 to recommend approval of the portion of the
amendments related to electric vehicle charging. The Board continued the hearing to October
26, 2021, for additional research and revisions related to collective and shared parking. At the
continuation of the hearing, the Board voted 5-0 to recommend approval.
NEW BUSINESS
Page 12 of 19 12/6/21
Alderman Brookman stated she is in favor of the amendment to the Ordinance, but not the
Ordinance as a whole. She believes the Ordinance should have been divided, and looks for
corrections to be made in regards to ordinance language in the future.
Moved by Zadrozny, seconded by Moylan, to Adopt the Ordinance Z-55-21 as amended, AN
ORDINANCE AMENDING THE TEXT OF THE ZONING ORDINANCE OF THE CITY
OF DES PLAINES REGARDING OFF-STREET PARKING IN APPROVED PLANNED
UNIT DEVELOPMENTS, COLLECTIVE OFF-STREET PARKING, AND ELECTRIC
VEHICLE CHARGING PARKING SPACES (CASE# 21 -038 -TA).
Upon roll call, the vote was:
AYES: 7- Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 1 - Brookman
ABSENT: 0 - None
Motion declared carried.
FINANCE & ADMINISTRATION — Alderman Zadrozny, Chair
WARRANT Alderman Zadrozny presented the Warrant Register.
REGISTER
Resolution Moved by Zadrozny, seconded by Brookman, to Approve the Warrant Register of
R-200-21 December 6, 2021 in the Amount of $6,178,130.41 and approve Resolution R-200-21.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Chester, Chair
CONSIDER
Director of Community and Economic Development Carlisle reviewed a memorandum dated
GRANTING A
October 28, 2021.
CONDITIONAL USE
PERMIT AND
The petitioner is requesting the following items: (i) a Conditional Use as required by Section
MAJOR
12-7- 3(K) of the Zoning Ordinance to allow a livery service in the M-2 zoning district; (ii)
VARIATIONS FOR
Major Variations from Section 12-10-8(A) to provide relief from the interior parking lot
THE OPERATIONS
landscaping requirements; (iii) a Major Variation from Section 12-10-8(B) to provide relief
OF A LIVERY
from the perimeter parking lot landscaping requirements; (iv) a Major Variation from Section
SERVICE USE AND
12-10-10 to provide relief from the foundation landscaping requirements; and (v) a Major
MAJOR
Variation from Section 12-10-9 to provide relief from the landscape buffer requirements.
VARIATIONS AT
580 S. WOLF RD
The petitioner, Transport Properties, LLC, has requested a Conditional Use for a Livery
Ordinance
Service Use and several variations for landscaping and screening at 580 S. Wolf Road. The
Z-56-21
8.5 -acre subject property is situated in between two separate railroads to its west and south,
and is within the M-2 General Manufacturing district, where a Livery Service is a conditional
use. The Plat of Survey shows a main building on the northeast side of the lot and multiple
other structures throughout the remainder of the site, most notably a concrete production tower
("batch plant"). These are surrounded by paved, semi -paved, and gravel areas. Access to the
subject property is available off Wolf Road only. At one time, there was a southern access road
utilized off Thacker Street. However, this access point would be closed off and not be utilized
for this use.
Page 13 of 19 12/6/21
The petitioner wishes to remove all structures on site with the exception of the existing main
building: a one-story warehouse building with the two-story attached office space located on
the northeast corner of the site and fill the remainder of the lot with 16 passenger vehicle and
236 bus parking. The petitioner wishes to utilize the existing 24,690 -square -foot, one-story
warehouse portion of the building for bus maintenance and storage, and use the two-story
office portion (6,430 -square foot first level and 2,433 -square foot second level) of the building
for all office activities. The proposal does not include changes to the exterior of the building,
as the petitioner is interested in utilizing the existing doors, windows, building materials, and
finishes as indicated in the Building Plans. The petitioner's proposal also includes site
improvements such as the addition of a new paved and striped parking area, landscaping along
the perimeter of the parking lot area, new interior parking lot landscape beds, new turf areas,
a 5,000 -gallon fuel tank, and proposed screening with an eight -foot -tall fence around the entire
site. Staff has added a condition that the dumpster shall be stored inside the building except
during trash pickup days.
The proposed floor plan includes a 5,570 -square -foot first -floor office area, 2,212 -square -foot
second floor office area, an 8,407 -square -foot service bay area, and a 15,568 -square -foot bus
equipment and storage area, totaling 27,123 square feet. Note that the floor area calculation
excludes bathrooms, mechanical rooms, hallways, stairwells, and storage areas up to ten
percent of the entire combined floor area. The Livery Service use follows the off-street parking
regulations for offices to accommodate employee, guest, and livery service related vehicle
parking. Pursuant to Section 12-9-7 of the Zoning Ordinance, one parking space is required
for every 250 square feet of gross floor area. A total of 109 off-street parking spaces are
required, including five handicap accessible parking spaces. The Site Plan Exhibit provides 16
personal vehicle spaces, including one handicap parking space, and 236 bus parking spaces
totaling 252 total spaces. However, the site plan does not designate all five required accessible
parking spaces. Staff has added a condition that the petitioner's site plan submitted at the time
of building permitting contains all required accessible parking with the required striping and
dimensions.
The initial tenant for the livery service, First Student, anticipates having approximately 150
school buses parked on the subject property with an additional 10-15 buses typically in service
for maintenance or repair. Roughly 20-25 office, dispatch, and maintenance employees will be
on the subject property during a.m. and p.m. shifts. For the a.m. shift, maintenance employees
arrive starting at 5 a.m., and shift bus drivers will arrive starting at 6:15 a.m. for 6:30 a.m.
departures. Bus service during the morning shift will be staggered starting at 6 a.m. and ending
around 9:30 a.m. The shift cross-over is between 11 a.m. and noon. For the p.m. shift, bus
service shift will be staggered starting at 1 p.m. with buses returning by 5:30 p.m. Afternoon
shift workers will leave at 5:30 p.m. A majority of the bus operations will occur during the
regular school year from mid-August through early June. However, roughly 20-25 buses will
be utilized during the summer months for the summer school season.
The petitioner submitted a traffic study by KLOA, Inc. to assess the anticipated impact of the
new livery service on the subject property and surrounding infrastructure. The traffic study
concludes that the anticipated traffic volumes of this use would be primarily generated outside
of peak hours of adjacent roadway traffic on Wolf Road. There were no concerns that the
existing access system is sufficient to handle the proposed livery service. However, it was
noted that "additional evaluation" should occur regarding the at -grade railroad crossing on
Wolf Road, just south of the entrance to the subject property (in other words, there is some
concern about bus queueing and backup around the tracks). It was suggested that bus routing
and/or departure time could be adjusted to limit the number of buses utilizing the railroad
crossing on Wolf Road—meaning that buses could be routed mostly to the north (left) when
leaving the property and would return from the same direction, generally avoiding the tracks.
Consider, however, that this would add to traffic that would likely come to the Golf -Wolf
intersection approximately a half -mile to the north.
Page 14 of 19 12/6/21
Regarding sound impacts, consider the proposed user (First Student) will consist of many
school vehicles that have an audible backing soundibeep. The petitioner writes that upon
returning to the facility each night, vehicles would be backed in, causing the concentration of
the sound to occur in mid-to-late afternoons instead of early in the morning. In addition, like
all vehicles, there is sound from engine start-up. Transport Properties would discourage First
Student from idling, except when required for vehicle maintenance.
The petitioner is also requesting several variations with the conditional use request regarding
landscape requirements. The original request included a variation to reduce the required
number of off-street parking spaces on the subject property from 31 to sixteen. However, as
stated above and noted in the Livery Service definition in Section 12-13-3 of the Zoning
Ordinance, the livery service use shall follow the parking regulation for offices to
accommodate employee, guest, and livery service related vehicle parking. This allows the
proposed bus parking spaces to be factored into the total off-street parking space calculation,
negating the need for a variation.
The petitioner has also requested several variations pertaining to landscape requirements. Due
to the nature of the use, the requested variations for relief from interior parking lot landscaping
requirements—specifically quantity of trees and location of landscape areas— could be
warranted based on design, as the request does intend to provide a substantial amount of
landscaping throughout the site where there is currently none. Conversely, perimeter parking
lot landscaping, landscape buffering, and foundation landscaping are paramount to bringing
the existing property closer to conformance with the Zoning Ordinance and are arguably
achievable given the layout of the subject property, the existing building, and the property's
close proximity to single-family development on three of its four sides.
The PZB recommended (4-1) that the City Council approve the request with conditions via
Ordinance Z-56-21, which approves a conditional use and major variations, subject to the
following conditions.
Conditions of Approval:
1. That a public sidewalk is installed across the subject property's frontage along Wolf
Road to the applicable specifications of the Des Plaines Municipal Code and additional
governmental agency regulations as necessary.
2. The dumpster shall be stored inside the building except during trash pickup days. If a
future trash enclosure is pursued, a building permit with plans for the dumpster
enclosure in compliance with Section 12-10-11 of the Zoning Ordinance shall be
submitted to staff.
3. The Site Plan shall be revised to contain all required accessible parking spaces with
the required striping and dimensions and resubmitted at the time of building
permitting.
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. The use shall be monitored regularly for compliance with the Environmental
Performance Standards in Chapter 12 of the Zoning Ordinance, particularly regarding
sound/noise. Sufficient documentation regarding the proposed fuel tank shall be
submitted with the application for a building permit to suffice for a Fire and life safety
approval, pursuant to Sections 12-12-3 and 12-12-4.
6. Added by the PZB: The petitioner shall evaluate the travel paths of the school buses
to determine if there are any opportunities to reroute them and minimize the number
of buses that will travel to/from the south on Wolf Road and cross the railroad tracks.
7. Added by the PZB: The petitioner shall monitor the operations of the facility annually
after opening to determine if any adjustments to the routing and times of departure will
be necessary.
Page 15 of 19 12/6/21
Resident Jim Murray asked the City Council to vote no on this Ordinance; he believes the
traffic, noise, and pollution will diminish the quality of life of the surrounding residents. He
also stated that in an email Alderman Oskerka agreed the traffic at the site with school buses
stopping all the time would be horrible.
Resident David Hansen stated there should be more landscape in connection to this property,
not less, to offset the possible pollution from the school buses. He mentioned he does not agree
with the self-monitoring of Transport Properties, LLC regarding traffic. He also questioned the
validity of the traffic study.
Resident Bruce Ahlmann thanked the Alderman for hosting the community meeting. He stated
in the past, he had to reach out to various organizations for the enforcement of proper
maintenance of the Meyer property; and he believes future proper maintenance on this
property, unless enforcement is clearly stated, likely it will not happen. He is also disappointed
by the lack of notification regarding the Meyer property in the years past; he is asking the
Alderman to create an ordinance for notification to the residents within at least 1000 feet of a
property requesting changes. He hopes the City will continue to support and protect the
residents in the future.
Alderman Lysakowski inquired about changing the planning ordinance to insure notification
of residents by Community and Economic Development within 1000 feet from the property
requesting variances or changes.
Moved by Moylan, seconded by Brookman, to Deny the Ordinance Z-56-21, AN
ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND MAJOR VARIATIONS
FOR THE OPERATIONS OF A LIVERY SERVICE USE AND MAJOR VARIATIONS AT
580 S. WOLF ROAD, DES PLAINES, IL.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
MAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
CONSIDER
Director of Community and Economic Development Carlisle reviewed a memorandum dated
GRANTING A
November 23, 2021.
CONDITIONAL USE
PERMIT AND
The petitioner is requesting a conditional use under Section 12-7-3(K) of the Zoning Ordinance
MAJOR
to allow a cannabis dispensary in the C-5 zoning district. The petitioner is also requesting a
VARIATION FOR A
variation from the window transparency rules of Section 12-3-11 (Building Design Review).
CANNABIS
DISPENSARY AT
The petitioner is 280E, LLC, which is connected with operator D33 Mgmt, LLC. The group is
1504 MINER
owned by Bryan, Kristie, and Zachary Zises, as well as Paul Lee. They are proposing leasing
STREET, DES
1504 Miner Street, a single -story building at the corner of Miner and Metropolitan Way, for
PLAINES, IL
an adult -use sales (recreational) retail cannabis dispensary. The space has been vacant since
Ordinance
late 2017, when the former Leona's restaurant closed. Legal retail sales of adult -use cannabis
Z-57-21
products began in Illinois on January 1, 2020, enacted by the state Cannabis Regulation and
Tax Act of 2019. Since then, D33 Mgmt has operated locations under the brand Dispensary33,
one of the first adult -use retailers to be open in Illinois (Andersonville neighborhood of
Chicago). They have since opened a second location in the West Loop neighborhood of
Chicago and are pursuing a location in Wicker Park concurrent to their application in Des
Plaines.
The City of Des Plaines amended its Zoning Ordinance twice related to cannabis business
establishments (an umbrella term that encompasses retail dispensaries and cannabis supply-
Page 16 of 19 12/6/21
chain businesses). The first amendments were in late 2019, and the second were in August
2021. Prior to August 2021, cannabis dispensaries were not possible in the C-5 Central
Business District/downtown Des Plaines, but Ordinance Z-42-21 established them as a
conditional use. All cannabis business establishments in Des Plaines, regardless of zoning
district, are prohibited from locating within 500 feet of a pre-existing school, place of worship,
or commercially zoned child care center. The subject property is more than 500 feet from the
zoning lot lines of these types of uses.
All cannabis business establishments are also subject to the Use Standards of Section 12-8-13
of the Zoning Ordinance. These set requirements and limitations related to signage, lighting,
hours of operation (limited to 10 a.m. through 8 p.m.), prohibition of on-site consumption and
delivery to consumers, seismic and sonic detectors, consent to odor inspection, and full
compliance with state regulations, which may change from time to time. State regulations are
established both by state statute and the Illinois Department of Financial and Professional
Regulation (IDFPR). IDFPR licenses and inspects dispensaries, and sets forth requirements
that include, for example, exterior security cameras and on-site security personnel.
As the petitioner states in their project narrative, Green & Foster, LLC, is one of the partners
in the endeavor. Green & Foster is a "social equity" candidate that won a state conditional
license lottery in Summer 2021. The state gives priority to social equity candidates in lotteries
for conditional licenses.
The City can collect a three percent Municipal Cannabis Retailers' Occupation Tax on the
gross retail sales of all adult -use cannabis. In their project narrative, the petitioner projects by
late 2022 the average sales for a dispensary in Illinois will be $500,000 per month, or $6 million
per year. Sales volume varies based on location, size of store, and other factors. Research from
various cannabis business sources reveals a range of national average annual sales between
$974-$1,773 per square foot. Using the petitioner's estimate, it is estimated the City could
collect an estimated $180,000 per year in cannabis taxes from this dispensary, and that does
not include other taxes that may apply, such as the home -rule retail sales tax (1 percent) and a
local share of the state retail sales tax.
The subject property is 5,428 square feet. The site and floor plans indicate a total proposed
building area of 4,180 square feet, which includes a downstairs storage area to complement the
upstairs sales, employee, and storage areas.
The parking requirement for cannabis dispensaries in Section 12-9-7 of the Zoning Ordinance
has three different ratios based on components of the floor plan: one space for every 200 square
feet of gross floor area with public access plus one space for every 250 square feet of gross
floor area dedicated to office uses, plus one space for every 1,500 square feet of gross floor
area dedicated to ancillary uses. The definition of"floor area" in Section 12-13-3 allows certain
spaces such as restrooms, mechanical rooms, hallways, and up to 10 percent of storage areas
to be excluded. Further, because the subject property is in the C-5 district, Section 12-7-3.H.6.
allows the first 2,500 square feet to be exempt. Given the order of the floor plan components
in the parking requirement — first public access, then office, then ancillary — the unexcluded
space falls under "ancillary use" and is subject to a ratio of one space per 1,500 square feet.
Therefore, the minimum parking requirement is two off-street spaces.
The petitioner is proposing three off-street spaces, all in the rear. One of the spaces is reserved
as an accessible space. In addition to the required off-street parking, there is immediately
adjacent angle parking on the east side of Metropolitan Way, just west of the sidewalk next to
the building. These eight spaces, one of which is an accessible space, are limited to 90 minutes
and are likely to be helpful in accommodating the use, although other businesses in the area
also rely on these spaces. Regardless, an overall parking shortage is not anticipated, especially
with the Metropolitan Square garage and additional on -street parking within a short walk of
Page 17 of 19 12/6/21
the subject property. Finally, the petitioner reasonably projects that given their location some
customers will arrive via public transportation.
The petitioner will allocate one parking space for deliveries. The delivery plan in the project
narrative specifies the frequency of daily deliveries (likely two to three times per day) in Ford
Transit Connect or Sprinter vans. Delivery methods are also regulated by IDFPR, which
requires that deliveries be conducted by a licensed transporter and that a security guard be
present.
The project narrative and submitted renderings indicate that fagade alterations will be
necessary on the Miner side. These alterations make the project subject to the Building Design
Review requirements of Section 12-3-11. Specifically Sub -section D.La. 1. requires "highly
transparent, nonreflectance windows." The petitioner cites a state requirement that dispensaries
must maintain a window tint, which would make the storefront windows only partially instead
of highly transparent. The petitioner would apply a window film to achieve the state -required
tint. However, this requires a variation.
The PZB took a motion to recommend the City Council approve both the conditional use and
variation request, and the vote was 3-1, with three in favor and one against.
Under Sections 12-3-4(D) and 12-3-6(G) of the Zoning Ordinance, the City Council has final
authority on approval, approval subject to conditions, or denial of the conditional use and
variation for a cannabis dispensary at 1504 Miner Street. If the City Council ultimately
approves the request, the following conditions are recommended by Staff -
1 .
taff:1. The petitioner shall submit to the Des Plaines Police Department, at the frequency
determined by the Department, an updated and detailed list of security personnel.
2. Dispensary windows shall have substantially the same appearance as those used as an
example in the application submittal. Detailed specifications on transparency shall be
included with the building permit application.
3. No temporary certificate of occupancy or certificate of occupancy will be issued for
the Subject Property unless and until the Petitioner has provided proof that the Illinois
Department of Financial and Processional Regulation has issued a license to operate a
cannabis dispensing organization on the Subject Premises.
Resident Janiece Archer expressed her concern with the dispensary, and her view of possible
crime which may come along with this business.
Resident John Maag expressed his objection with the dispensary; he also shared his personal
family connection to why he is not in support of marijuana.
Resident Shirley Smith stated she is in favor of having a dispensary in the City since it is a
positive source of revenue; however, she is opposed to the location. She does not see the
location as being a positive fit for the landscape of the Downtown main street area.
Resident Bill Decker objects to the location of the dispensary. He quoted a Washington Post
article regarding the neuroscience of cannabis in connection to how it affects the brains of
individuals, especially adolescents. He wanted to bring to the forefront the issues of marijuana
and its effect on health.
Alderman Lysakowski inquired about if an additional tax can be added. He requested putting
the tax revenue into a fund for the Police and Fire Pensions. He also wants to extend the closing
time limits for cannabis dispensaries past 8:00 p.m.
Alderman Moylan agreed with having the additional three percent tax collected from the
dispensary to be directly allocated for the Police and Fire Pensions.
Page 18 of 19 12/6/21
Alderman Brookman believes the designated location is not a good idea; she stated the
proposed site does not conform with the land use for this site as expressed in the City's
comprehensive plan. She stated the proposed use does not meet the criteria for the
comprehensive plan and the urban mix envisioned for the Downtown area; she stated the plan
site signals a preference for a restaurant. She mentioned the location would be ideal for a
restaurant. She noted there are restaurants interested into coming to Des Plaines, and she
believes there are not many other locations in Downtown that would be as conducive to
restaurant use as this property. She believes the dispensary will not attract other businesses,
but will actually do the opposite by deterring other businesses.
Alderman Brookman also pointed out her concern that the conditional use runs with the
property even if the property is sold.
Alderman Oskerka quoted a study by the National Restaurant Association and Ohio University
stating sixty percent of all restaurants fail within their first year and eighty percent fail within
five years. He believes the dispensary will be a permanent business that will sustain the
Downtown area.
Alderman Chester has a friend, Italian chef, who previously looked at this site for a possible
restaurant, but could not follow through since the rent was too high.
A representative from 280E, LLC answered questions from the Alderman.
Mayor Goczkowski believes the cannabis dispensary will bring individuals with disposable
income to the Downtown area.
Resident John Maag stated the dispensary will not help promote other businesses; he
mentioned once they purchase their product they will go to a location in which they can smoke
or consume the product.
Moved by Oskerka, seconded by Moylan, to Approve the Ordinance Z-57-21, AN
ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND MAJOR VARIATION
FOR A CANNABIS DISPENSARY AT 1504 MINER STREET, DES PLAINES, ILLINOIS.
No vote due to an amendment to the motion.
Moved by Zadrozny, seconded by Oskerka, to Approve an amendment to the Ordinance Z-57-
21 to add clarifying language to state the conditional use is only for the applicant and not tied
to the property, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND
MAJOR VARIATION FOR A CANNABIS DISPENSARY AT 1504 MINER STREET, DES
PLAINES, ILLINOIS.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Moved by Oskerka, seconded by Moylan, to Approve the Ordinance Z-57-21 as amended, AN
ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND MAJOR VARIATION
FOR A CANNABIS DISPENSARY AT 1504 MINER STREET, DES PLAINES, ILLINOIS.
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Zadrozny, Chester, Ebrahimi
NAYS: 2 - Brookman, Smith
ABSENT: 0 - None
Page 19 of 19
Motion declared carried.
12/6/21
OTHER MAYOR/ Alderman Zadrozny mentioned there is a new business, At 7 Bar and Grill, in Metropolitan
ALDERMEN Square; encouraging community support for this new business.
COMMENTS FOR
THE GOOD OF THE Alderman Brookman hoped everyone had a wonderful Thanksgiving.
ORDER
ADJOURNMENT Moved by Brookman, seconded by Chester to adjourn the meeting. The meeting adjourned at
9:46 p.m.
� A
g . Mastals ' — ity Cler
APPROVED BY ME THIS
DAY OF "Aa 92021
Andrew Goczkowski, MAYOR