Council Minutes 07-05-22MINUTES 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, TUESDAY, JULY 5, 2022
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 7:01 p.m. in the Eleanor Rohrbach Memorial Council Chambers,
Des Plaines Civic Center on Tuesday, July 5, 2022.
ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith. Absent: Oskerka, 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, and Police Chief Anderson.
PRAYER AND The prayer and the Pledge of Allegiance to the Flag of the United States of America were
PLEDGE offered by Mayor Goczkowski.
Mayor Goczkowski took a moment to acknowledge the horrific mass shooting that occurred
in Highland Park. Mayor Goczkowski stated on behalf of the City of Des Plaines, that we
grieve with the victims; and he asked for a moment of silence for the lives that were lost.
PROCLAMATION City Clerk Mastalski read a proclamation by Mayor Goczkowski declaring July 26, 2022 as
Americans with Disabilities Act Awareness Day.
PUBLIC COMMENT Resident Douglas Bean advocated for historic preservation of numerous Des Plaines buildings,
including the Journal and Topics building.
A few residents commented on the hazardous condition of the sidewalk and street at Graceland
Ave and Prairie Ave.
Director of Public Works and Engineering Oakley stated that area is part of the streetscape
improvements, and they are waiting on the availability of the paver bricks.
Several residents expressed their concern and objection to a possible new development at the
current site of the Journal and Topics Building.
*General Counsel Friedman entered the meeting at 7:30 p.m.
Resident Jim Hansen commemorated the Des Plaines Police Department for their hard work,
vigilance, and professionalism on July 4, 2022.
Resident Jennifer Poonsapaya stated there is an issue of graffiti throughout the City, mostly in
the parks. She requested direction from the City on what else the residents can do in order to
deter graffiti in their neighborhoods.
ALDERMAN Alderman Lysakowski stated he received a lot of emails and phone calls from residents who
ANNOUNCEMENTS were delighted with the parade, fireworks, and the Taste of Des Plaines.
Alderman Zadrozny stated the fireworks were a great performance this year, and he thanked
the Police Department, Fire Department, and City staff.
Alderman Brookman thanked City staff and volunteers who helped make the 4' of July parade
such a successful event for our residents. She also expressed heartfelt sympathy to the residents
of Highland Park.
Page 2 of 11 7/5/2022
Alderman Chester stated he supported Alderman Brookman's comments. He stated we have a
problem in this country, and we need to address it adequately; he mentioned it is beyond
comprehension how this person had a weapon of war in his possession.
Alderman Smith stated she sends out her thoughts and prayers to the people of Highland Park
and the people who lost family members. She also thanked City staff, Police Department, and
Fire Department for doing a great job with the parade; and she thanked Alderman Moylan for
a wonderful block party.
MAYORAL Mayor Goczkowski stated he is grateful Des Plaines has Police Chief Anderson in his position.
ANNOUNCEMENTS He stated he knows such events as the fireworks and parade are a high -stake undertaking with
significant planning in place.
On May 3, 2021, 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 January 3, 2022.
Mayor Goczkowski presented an extension to the Declaration of Civil Emergency.
Moved by Brookman, seconded by Chester, to extend the May 3, 2021 Declaration of Civil
Emergency until the adjournment of the next regular, special, or emergency meeting of the
City Council including the Supplement Order dated January 3, 2022.
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Oskerka, Ebrahimi
Motion declared carried.
CONSENT AGENDA Alderman Chester requested Item Number 7, Resolution R-115-22, be removed from the
Consent Agenda.
Moved by Brookman, seconded by Chester, to establish the Consent Agenda with the removal
of item number 7.
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Oskerka, Ebrahimi
Motion declared carried.
Moved by Brookman, seconded by Lysakowski, to Approve the Consent Agenda with the
removal of item number 7.
APPROVE & AUTH
EXPND OF FUNDS/
ADV SVCS/
ANDERSON LEG
CONSULT
Consent Agenda
Resolution
R-116-22
APPROVE TSK ORD
NO 10/ CONST
ENGR SVCS/ HR
GREEN
Consent Agenda
Resolution
R-117-22
Page 3 of 11 7/5/2022
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Oskerka, Ebrahimi
Motion declared carried.
Minutes were approved; Ordinances Z-12-22, Z-14-22 were adopted; Resolutions R-116-22,
R-117-22, R-118-22 were adopted.
Moved by Brookman, seconded by Lysakowski, to Approve Resolution R-116-22, A
RESOLUTION APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS
PURSUANT TO A PROPOSAL FROM ANDERSON LEGISLATIVE CONSULTING,
LTD. FOR INTERGOVERNMENTAL AND LEGISLATIVE ADVOCACY SERVICES.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Lysakowski,
RESOLUTION APPROVING TASK ORDER NO
CONSTRUCTION ENGINEERING SERVICES.
unanimously under Consent Agenda.
to Approve Resolution R-117-22, A
10 WITH HR GREEN, INC., FOR
✓lotion declared carried as approved
APPROVE AGRMT/ Moved by Brookman, seconded by Lysakowski, to Approve Resolution R-118-22, A
CONCR IMP/ RESOLUTION APPROVING AN AGREEMENT WITH MARTAM CONSTRUCTION,
MARTAN CONST INC. FOR THE 2022 CAPITAL IMPROVEMENT PROGRAM CONCRETE
Consent Agenda IMPROVEMENTS, MFT -22 -00000 -01 -GM. Motion declared carried as approved
unanimously under Consent Agenda.
Resolution
R-118-22
SECOND READING/ Moved by Brookman, seconded by Lysakowski, to Approve Ordinance Z-14-22, AN
ORDINANCE ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR A MOTOR VEHICLE
Z-14-22 SALES USE AT 622 NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS (Case #22 -017 -
Consent Agenda CU). Motion declared carried as approved unanimously under Consent Agenda.
SECOND READING/ Moved by Brookman, seconded by Lysakowski, to Approve Ordinance Z-12-22, AN
ORDINANCE ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR A COMMERCIALLY -
Z -12-22 ZONED ASEMBLY USE AT 1730 ELMHURST ROAD, DES PLAINES, ILLINOIS (Case
Consent Agenda #22 -013 -CU). Motion declared carried as approved unanimously under Consent Agenda.
APPROVE Moved by Brookman, seconded by Lysakowski, to Approve the Minutes of the City Council
MINUTES meeting of June 20, 2022, as published. Motion declared carried as approved unanimously
Consent Agenda under Consent Agenda.
APPROVE PURCH/ Alderman Chester requested Item Number 7, Resolution R-115-22, be removed from the
PROPERTY/ 620 Consent Agenda.
LEE ST & 1460
MINER ST Alderman Chester stated he pulled this item off of the consent agenda so that the residents are
Consent Agenda aware this is the purchase of the Leela building.
Page 4 of 11 7/5/2022
Resolution Resident Chris Walsh stated there is another building he would much rather the City buy — it
R-115-22 is located right down the street on Webford Ave.
NEW BUSINESS
Resident Steve Vaughan stated he is curious regarding the speed of the purchase, and the
reason behind it. He asked where the City is getting the funds to purchase the property.
Resident Douglas Bean stated he would like to see a not-for-profit presence in that building.
Moved by Chester, seconded by Brookman, to Approve Resolution R-115-22, A
RESOLUTION AUTHORIZING THE PURCHASE OF THE PROPERTY LOCATED AT
620 LEE STREET AND 1460 MINER STREET, DES PLAINES, ILLINOIS.
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Oskerka, Ebrahimi
Motion declared carried.
FINANCE & ADMINISTRATION — Alderman Zadrozny, Chair
WARRANT
Alderman Zadrozny presented the Warrant Register.
REGISTER
June 23, 2022.
Resolution
Moved by Zadrozny, seconded by Smith, to Approve the Warrant Register of July 5, 2022
R-119-22
in the Amount of $3,814,661.32 and Approve Resolution R-119-22.
MOTOR VEHICLE
Upon roll call, the vote was:
SALES AT 550
AYES: 6 - Lysakowski, Moylan, Zadrozny,
NORTHWEST HWY
Brookman, Chester, Smith
Ordinance
NAYS: 0 - None
Z-15-22
ABSENT: 2 - Oskerka, Ebrahimi
Motion declared carried.
COMMUNITY DEVELOPMENT- Alderman Chester, Chair
CONSIDER
Director of Community & Economic Development Carlisle reviewed a memorandum dated
APPROVING A
June 23, 2022.
CONDITIONAL USE
PERMIT FOR A
The petitioner, Sam Jidd of Just Drive It, LLC, is requesting a conditional use to allow a motor
MOTOR VEHICLE
vehicle sales use in the C-3 General Commercial district at 550 Northwest Highway. The
SALES AT 550
subject property at 550 Northwest Highway consists of one parcel totaling 23,677 square feet
NORTHWEST HWY
(0.54 acres) and currently contains a 4,387 -square -foot, one-story single -tenant commercial
Ordinance
building with a lower level and a paved surface parking lot. The subject property is currently
Z-15-22
accessed by one curb -cut off Northwest Highway but does have access to an alley off the
northeast property line via a gate. The existing building is set back approximately 3 feet off
the south property line (front) along Northwest Highway, 105 feet from the north property line
(rear), 0.05 feet off the west property line (side), and 51 feet off the east property line (side).
Just Drive It is a car dealership looking to locate to Des Plaines at the subject property. The
business will utilize the full building in its operations and remodel the building's interior to
provide a 3,530 -square -foot open showroom area on the lower level, a 3,843 -square -foot
office/showroom area on the main level, a 210 -square -foot reception area, restrooms on the
main and lower levels, and mechanical space on the lower level. The petitioner does plan to
update the south exterior of the building with new paint, aluminum mesh fagade, and new wall
signs. Given that the proposed exterior changes alter a street -facing elevation, all proposed
changes must comply with the Building Design Standards in Section 12-3-11 of the Zoning
Page 5 of 11 7/5/2022
Ordinance. Metal is a permitted ground story material for a commercial use so the proposed
aluminum fagade meets this requirement. The proposed hours of operation are 10 a.m. to
8 p.m. Monday through Friday and closed on the weekends. Up to ten employees will be on
site at one time.
Just Drive It will have access to the east paved surface parking area for parking for customers
and employees. The 7,156 -square -foot combined showroom/office areas and original 40
proposed vehicle display spaces require a minimum of 17 parking spaces, including one
accessible space. However, the petitioner has recently revised the Site Plan to identify 36 total
parking spaces including 16 required customer spaces and 20 vehicle display spaces in order
to meet the parking regulations in Section 12-9-7.
The Site Plan identifies the allocation of parking between vehicle display parking and
employee parking in addition to labeling the minimum 22- foot -wide travel lane width required
for two-way travel in a parking area with 90 -degree parking spaces. The revised site plan
indicates that the property can accommodate the new parking requirement of 16 spaces,
including two handicap accessible spaces, and 20 vehicle display spaces in compliance with
all applicable City of Des Plaines codes. There are existing exterior lights on the property that
the petitioner does not intend to alter as part of this request. While the proposal intends to
utilize existing exterior building lighting and there are no immediate plans to add exterior
lighting, staff has added a condition that a Photometric Plan will be required at time of building
permit if new exterior lighting is proposed for the subject property.
Staff and the PZB recommended (6-0) that the City Council approve the conditional use
request with the five conditions:
1. A Photometric Plan must be submitted at the time of building permit application if
new exterior lighting is proposed for the Subject Property.
2. All activities on the Subject Property must be related to the Proposed Use as defined
in Section 12- 13-3 of the Zoning Ordinance.
3. That all proposed improvements on the Subject Property must be constructed and
maintained in full compliance with all applicable City of Des Plaines codes.
4. The Subject Property must be brought into and remain in conformance with all City
of Des Plaines property maintenance code requirements.
5. Except for vehicles displayed for sale, all vehicles parked outdoors on the Subject
Property must have valid license plates and registration at all times.
Alderman Smith asked the petitioner questions regarding security, the storage of the car keys,
and car drop off times.
The petitioner, Sam Jidd, spoke on his behalf and addressed Alderman Smith's questions.
Alderman Zadrozny asked the petitioner what types of cars they intend on selling.
Moved by Smith, seconded by Zadrozny, to Approve the Ordinance Z-15-22 as revised in
accordance with staff recommendations, AN ORDINANCE APPROVING A
CONDITIONAL USE PERMIT FOR A MOTOR VEHICLE SALES USE AT 550
NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS (Case #22 -020 -CU).
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Oskerka, Ebrahimi
Motion declared carried.
Page 6 of 11 7/5/2022
Advanced to second reading by Smith, seconded by Brookman, to Adopt the Ordinance
Z-15-22 as revised in accordance with staff recommendations, AN ORDINANCE
APPROVING A CONDITIONAL USE PERMIT FOR A MOTOR VEHICLE SALES USE
AT 550 NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS (Case #22 -020 -CU).
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Oskerka, Ebrahimi
Motion declared carried.
CONSIDER Director of Community & Economic Development Carlisle reviewed a memorandum dated
APPROVING AN June 23, 2022.
AMENDMENT TO
AN EXISTING The petitioners, Michelle Janczak and Catherine Schilling of Playtime Pup Ranch, are
CONDITIONAL USE requesting a conditional use amendment to expand an existing domestic pet service use in the
PERMIT FOR A C-3 General Commercial District at 676 N. Wolf Road. The business is housed within a tenant
DOMESTIC PET space in the Wolf Shopping Plaza, which is generally at the southwest corner of Wolf and
SERVICE USE AT Central Roads. The property consists of two parcels totaling 30,930 square feet (0.71 acres)
676 N. WOLF RD and currently contains an 8,857 -square -foot, one-story commercial building with a 182 -square -
Ordinance foot outdoor cooler at the rear, 39 -space paved parking area to serve the whole center, and a
Z-16-22 pole sign. The subject property is accessed by one curb cut off Wolf. The existing one-story
commercial building is set back approximately 92 feet off the east property line (front) along
Wolf Road, 25 feet from the west property line (rear), 3 feet off the north property line (side),
and 14 feet off the south property line (side).
Playtime Pup Ranch is a dog daycare, pet retail, boarding, and grooming facility that is located
in the northern tenant spaces of the shopping center building. The petitioners desire to expand
their existing use into the adjoining 1,000 -square -foot tenant space to the south of their current
location to expand the pet grooming service area, provide a lunch area for employees, and
provide an office area for the business owner. The current hours of operation are 6:30 a.m. to
6:30 p.m. Monday through Friday, 8 a.m. to 5 p.m. on Saturday, and closed on Sunday. The
petitioner is not proposing any enlargements or changes to the exterior of the existing building.
However, the proposal does include interior remodeling of the existing and new tenant spaces.
Given that the tenant spaces in question are located within a shopping center, Section 12-9-7
of the Zoning Ordinance requires a minimum of one parking space for every 1,000 square feet
of gross floor area. Thus, a total of 27 parking spaces are required, which is satisfied by the
existing parking spaces available.
The dog daycare, boarding, and grooming activities fall within the domestic pet service use,
defined in Section 12-13-3 of the Zoning Ordinance as an establishment where the grooming
of domestic animals, the accessory sale of miscellaneous domestic pet food and other items,
and the temporary boarding of domestic animals is permitted. The subject property is located
in the C-3 district and a domestic pet service use requires a conditional use in this district. The
current conditional use for a domestic pet service will need to be amended to allow Playtime
Pup Ranch to expand into the new tenant space.
The PZB recommended (6-0) that the City Council approve the conditional use amendment
request without any conditions. Staff did not recommend any conditions with this request.
Moved by Smith, seconded by Brookman, to Approve the Ordinance Z-16-22, AN
ORDINANCE APPROVING AN AMENDMENT TO AN EXISTING CONDITIONAL USE
PERMIT FOR A DOMESTIC PET SERVICE USE AT 676 N. WOLF ROAD,
DES PLAINES, ILLINOIS (Case #22 -018 -CU).
CONSIDER
APPROVING A
MAJOR
VARIATION TO
ALLOW FOR THE
INSTALLATION OF
A POLE SIGN AT
1285 E. GOLF RD
Ordinance
Z-17-22
Page 7 of 11 7/5/2022
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith
MAYS: 0 - None
ABSENT: 2 - Oskerka, Ebrahimi
Motion declared carried.
Advanced to second reading by Smith, seconded by Brookman, to Adopt the Ordinance
Z-16-22, AN ORDINANCE APPROVING AN AMENDMENT TO AN EXISTING
CONDITIONAL USE PERMIT FOR A DOMESTIC PET SERVICE USE AT 676 N. WOLF
ROAD, DES PLAINES, ILLINOIS (Case #22 -018 -CU).
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith
MAYS: 0 - None
ABSENT: 2 - Oskerka, Ebrahimi
Motion declared carried.
Director of Community & Economic Development Carlisle reviewed a memorandum dated
June 23, 2022.
The petitioner, Lou Masco of Liberty Flag and Banner on behalf of Auto Krafters, is requesting
a major variation to allow for a pole sign at 1285 E. Golf Road on a lot with a lot frontage of
50 feet where a minimum lot frontage of 75 feet is required. This property contains a one-story,
5,332 -square -foot building setback roughly 100 feet from Golf Road with a surface parking
lot and two accessory structures in the rear yard measuring 2,919 square feet and 539 square
feet. The L-shaped subject property is located along Golf Road and is positioned behind an
existing Nicor Gas service location also located at 1285 E. Golf Road under PIN 09-17-200-
046-0000. The property is accessed from Golf road next to the Nicor Gas service station where
the property width measures 50 feet. There is an existing wood pole sign that appears to be
installed within the public right-of-way along Golf Road. Given the existing building's large
setback from Golf Road and the existing development on the adjoining parcel at PIN 09-17-
200-046-0000, the existing pole sign serves as the only source of identification along Golf
Road for the building and its tenants.
The petitioner is requesting the replacement of the existing pole sign, as the pole sign is in
disrepair and does not sufficiently identify the businesses in the building for motorists traveling
along Golf Road. The petitioner proposes to replace the existing pole sign with a 7.25 -foot -tall
by 8 -foot -wide enclosed pole sign structure with an overall height of 16.25 feet, including a 3 -
foot -tall by 8 -foot -wide electronic message board (EMB). The Zoning Ordinance allows for
pole and monument signs to include one EMB sign component so long as this component does
not exceed 50 percent of the total sign. As the EMB component yields 24 square feet and the
total proposed sign area is 58 square feet, this code requirement is met. The petitioner is also
proposing to install a 3 -foot -wide landscape bed around the base of the new pole sign as
required by the zoning ordinance.
However, pursuant to Section 12-11-6(B) of the Zoning Ordinance, a maximum of one pole
sign is permitted for lots having more than 75 feet of street frontage on a single street or
highway. The petitioner's request to construct a pole sign located along a street frontage of
less than 75 feet constitute the need for a major variation.
The PZB recommended (6-0) that the City Council approve the major variation request with
the two conditions.
Page 8 of 11 7/5/2022
If the City Council chooses to approve these requests, staff and the PZB recommend the
following conditions:
1. That all appropriate and necessary building permit documents and detail, as
determined by the City, are submitted to the City for the Proposed Sign. All permit
documents shall be sealed and signed by a design professional licensed in the State of
Illinois and must comply with all City of Des Plaines building codes.
2. The Proposed Sign must be designed, positioned, and utilized to meet all applicable
City of Des Plaines codes.
Moved by Lysakowski, seconded by Chester, to Approve the Ordinance Z-17-22, AN
ORDINANCE APPROVING A MAJOR VARIATION TO ALLOW FOR THE
INSTALLATION OF A POLE SIGN AT 1285 E. GOLF ROAD (Case #22-014-V).
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Oskerka, Ebrahimi
Motion declared carried.
Advanced to second reading by Lysakowski, seconded by Chester, to Adopt the Ordinance
Z-17-22, AN ORDINANCE APPROVING A MAJOR VARIATION TO ALLOW FOR THE
INSTALLATION OF A POLE SIGN AT 1285 E. GOLF ROAD (Case #22-014-V).
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Oskerka, Ebrahimi
Motion declared carried.
CONSIDER AMDS Director of Community & Economic Development Carlisle reviewed a memorandum dated
TO THE ZONING June 23, 2022.
ORD REGARDING
REC VEHICLES The City of Des Plaines is applying for various zoning text amendments related to vehicle and
(RVs) use definitions, off-street parking regulations, and relief and approval processes. The proposed
Ordinance amendments cover (i) recreational vehicles and (ii) moving vehicles. The Property
Z-18-22 Maintenance Code within City Code is proposed to be amended to refer to the newly created
zoning regulations.
CONSIDER AMDS
TO TITLE 10, CH 9, Background: RV Regulations
SEC 2 OF THE CITY The City Council and City Manager assigned staff in early 2022 to examine the City's existing
CODE REGARDING RV rules. In particular, the Council and Manager were interested in parking location and size
REC VEHICLE (RV) regulations, with an emphasis on vehicles that are not actively or frequently used but are parked
PARKING outdoors on residential properties (distinguished from and those displayed for sale at a
Ordinance commercial business). Staff began by comparing Des Plaines to other communities. Review
M-20-22 and research revealed Des Plaines does not have regulations on these issues in the Zoning
Ordinance, only in the Property Maintenance section of City Code, and further, existing rules
CONSIDER AMDS do not clearly define a recreational vehicle. Now, staff on behalf of the City has applied for
TO THE ZONING and written full amendments for potential adoption.
CODE ORD
REGARDING Proposed Amendments: RV Regulations
LEASING OF The following is a summary of the proposed zoning amendments contained in approving
MOVING Ordinance Z-18-22, relating to recreational vehicles:
VEHICLES • Add a term definition for "vehicle, recreational" that includes terms such as "motor
Ordinance home," "camper," "trailer," and smaller vehicles such as all -terrain, snowmobiles, and
Z-19-22 jet skis.
Page 9 of 11 7/5/2022
In the off-street parking regulations, add the following restrictions (exempting
business uses that conduct the permitted sale of RVs):
o In residential zoning districts:
■ RVs parked outdoors cannot exceed a certain length, width, and
height: 32 feet in length, 8 feet in width, 12 feet in height.
■ No more than one RV may be parked outdoors per zoning lot of
10,000 square feet or less. No more than two RVs may be parked
outdoors on a zoning lot of 10,000 square feet or greater.
■ No portion of an RV may encroach upon public right-of-way,
including streets, sidewalks, driveway aprons, or alleys.
■ Except for loading or unloading for a period of 24 hours, no portion
of an RV may be parked nearer to front or corner side lot lines than
any portion of the principal structure (i.e. usually a house).
■ A screening mechanism, such as a solid fence or dense row of bushes
must be installed, except where an RV is parked for 24 hours for the
purpose of loading or unloading.
o In non-residential zoning districts:
■ No RV parking in the C-1, C-2, or C-5 districts.
■ Where allowed, RVs may be parked in a required yard but at least five
feet from any lot line in an off-street parking space that complies with
all other rules (e.g. surface, striping, design).
■ Where abutting or adjacent to a residential district, a screening
mechanism must be installed.
o Variation option: Given unique circumstances for properties in a residential
district, a standard variation (Planning & Zoning Board authority) may be
granted. All other relief would be a major variation (City Council authority).
In Ordinance M-20-22, a small amendment the City Code would be made, specifically in the
Local Amendments to the International Property Maintenance Code (Sub -Sections 302.8
Motor Vehicles and 302.8.1 Parking of Section 10-9-2). References to the pertinent sections
of the Zoning Ordinance would be added there. However, the existing rules in those sub-
sections would be retained and are enforceable. RVs must be:
• Operable and licensed;
• Not in a state of major disrepair or disassembly;
• Parked or stored either inside an enclosed structure such as a garage or in an approved
off-street parking area, such as a driveway, carport, or parking lot, as further regulated
by Zoning; and
• Cannot be stored on grass, dirt, parkways, or any similar non -hard surface.
Background: Moving Vehicles
In April 2022, code enforcement staff became aware of multiple moving -vehicle rental
enterprises, specifically U -Haul, that had begun operating without permission of the City. The
enterprises were add-ons to existing businesses and commercial properties, including a retail
establishment within a shopping center, a gas station, a car wash, and an automotive services
establishment, all located in the C-3 General Commercial District. While the properties were
not overrun with U -Haul vehicles or activity, it was observed that at least a handful of vehicles
in each area were parked on the lots at all times. In all four cases, these operations were separate
and subordinate from the core, primary business activities. Staff determined that these
operations ran afoul in two ways: a.) the business registrations for these entities had not been
updated to accurately reflect the U -Haul operation (Chapter 4-1 of the City Code) and b.) the
Zoning Ordinance did not clearly define U -Haul rental and therefore did not provide for an
option for these activities.
While accessory uses are generally permitted in all districts, it was determined that U -Haul
rental in all instances was subordinate (i.e. smaller than the principal use) but not incidental
Page 10 of 11 7/5/2022
(i.e. complementary to) the principal uses being conducted at the existing businesses.
Therefore, it qualifies as a separate use, specifically a secondary principal use.
To attempt to determine a use category, three existing terms were reviewed, and the intent of
all of the terms did not fit: Commercial Motor Vehicle Sales and Leasing; Leasing/Rental
Agents, Equipment; and Leasing/Rental Agents, Vehicle.
Therefore, staff notified the violating establishments but suspended enforcement, pending the
outcome of zoning text amendments to establish an appropriate regulatory framework. After
the regulations would be set up, the establishments would be notified of the new rules and
required process, and be given a deadline to come into compliance. To staff, U -Haul rental as
a small portion of a larger business, on certain properties, may make sense as an ancillary
revenue stream. Staff aspires to carry out the vision of decision makers that the City be
business -friendly. However, there may be practical concerns — such as parking availability for
the primary use(s) on properties — and aesthetics or adjacent property character that would
prevent moving -vehicle leasing from being compatible and reasonable at certain properties.
Establishing clear and reasonable rules would strike a balance between supporting local
business and addressing concerns.
Proposed Amendments: Moving Vehicles
The following is a summary of the proposed zoning amendments contained in approving
Ordinance Z-19-22 relating to moving -vehicle uses:
• Add term definitions for "Vehicle, Commercial" and "Vehicle, Moving."
• Add a term definition for "Leasing/Rental Agents, Moving Vehicle."
o While similar to "Leasing/Rental Agents, Vehicle" — which would be
amended to "Leasing/Rental Agents, Vehicle (Non -Moving) to draw a clear
distinction — the new term definition expresses for both a principal use and a
secondary principal use on a zoning lot (i.e. different from an accessory use,
but secondary to the primary, or main, principal use).
o The use will carry an off-street parking minimum in addition to the
requirement for the primary use of the zoning lot.
• Allow "Leasing/Rental Agents, Moving Vehicle" as a conditional use in the C-3
General Commercial District
o Newly proposed Footnote 24 caps the number of moving vehicles for lease or
display at five. The Footnote requires them to be parked in permanently
striped off-street parking spaces and to follow all other off-street parking
requirements, including the sum of the total requirements for all uses on the
zoning lot.
o Representatives of U -Haul have asked the City to consider allowing this as a
permitted use instead of a conditional use. Given the parameters in the
footnote, the Council may feel permitted use is appropriate. The Planning and
Zoning Board (PZB) has recommended conditional use in the C-3 District. In
general, permitted use is a friendlier process to business, but conditional use
allows the City to determine the appropriateness of the proposed operations
on a case-by-case basis.
• Allow "Leasing/Rental Agents, Moving Vehicle" as a permitted use in the M-1
Limited Manufacturing District and M-2 General Manufacturing District.
PZB Recommendation:
The PZB voted 6-0 to recommend approval with one modification to the amendments as
presented by staff. The Board added a height limitation of 12 feet for recreational vehicles.
This modification has been included with the amendments for Council's consideration of
Ordinance Z-18-22.
Discussion by the Aldermen ensued regarding the details of the Ordinances.
Page 11 of 11 7/5/2022
City Council consensus was to direct staff to come back with an ordinance that addresses a
screening requirement for larger vehicles, and an ordinance that includes regulation for
commercial vehicles; also allowing more time for further discussion regarding regulation
specifications.
Moved by Moylan, seconded by Brookman, to Postpone the Ordinance Z-18-22 to the City
Council meeting on August 1, 2022 for staff revisions, AN ORDINANCE AMENDING THE
TEXT OF THE ZONING ORDINANCE OF THE CITY OF DES PLAINES REGARDING
RECREATIONAL VEHICLES (CASE# 22-022- TA).
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Oskerka, Ebrahimi
Motion declared carried.
Moved by Brookman, seconded by Chester, to Postpone the Ordinance M-20-22 to the City
Council meeting on August 1, 2022 for staff revisions, AN ORDINANCE AMENDING
SECTION 10-9-2 OF THE DES PLAINES CITY CODE REGARDING RECREATIONAL
VEHICLE PARKING.
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Oskerka, Ebrahimi
Motion declared carried.
Moved by Chester, seconded by Brookman, to Approve the Ordinance Z-19-22 reflecting it to
be a permitted use instead of a conditional use, AN ORDINANCE AMENDING THE TEXT
OF THE ZONING ORDINANCE OF THE CITY OF DES PLAINES REGARDING
LEASING OF MOVING VEHICLES (CASE# 22 -022 -TA).
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Oskerka, Ebrahimi
Motion declared carried.
ADJOURNMENT Moved by Brookman, seconded by Chester to adjourn the meeting. The meeting adjourned at
9:00 P.M.
(;�)� M . A
J ssic M. Mastalski —'CITY CLERK
APPROVED BY ME THIS /91k
DAY OF G 2022
Andrew Goczkowski, MAYOR