Council Minutes 09-18-23MINUTES 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,
SEPTEMBER 18, 2023
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 7:02 p.m. in the Eleanor Rohrbach Memorial Council
Chambers, Des Plaines Civic Center on Monday, September 18, 2023.
ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Sayad,
Brookman, Walsten. Absent: Smith, Charewicz. A quorum was present.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski,
Director of Public Works and Engineering Oakley, Assistant Director of Community and Economic Development
Johnson, Deputy Fire Chief Matzl, Police Chief Anderson, and General Counsel Weiss.
PRAYER AND The prayer and the Pledge of Allegiance to the Flag of the United States of America were
PLEDGE offered by Alderman Moylan.
PROCLAMATION City Clerk Mastalski read a proclamation by Mayor Goczkowski declaring
September 17-23 as Constitution Week.
Mayor Goczkowski presented the proclamation to a representative from the Twenty -First
Star Chapter of the National Society Daughters of the American -Revolution.
City Clerk Mastalski read a proclamation by Mayor Goczkowski declaring September 18'
through 241, 2023 as National Rail Safety Week.
MINUTES OF THE PUBLIC HEARINGS HELD IN THE ELEANOR ROHRBACH
MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, MONDAY,
SEPTEMBER 18, 2023
PUBLIC HEARING/ Mayor Goczkowski called the Public Hearing for consideration of Resolution R-167-23, a
CONSIDER resolution approving an annexation and development agreement between the City of Des
APPROVING AN Plaines and Mas Land Investments 2, LLC (180 N. East River Road), to order at 7:07 p.m.
ANNEX & DEVELOP
AGRMNT BTW THE Assistant Director of Community and Economic Development Johnson reviewed a
CITY & MAS LAND memorandum dated September 7, 2023.
INVESTMENTS 2,
LLC The petitioner is proposing the annexation of one parcel in unincorporated Cook County
Resolution (Maine Township) to the City of Des Plaines. The petitioner owns the subject property,
R-167-23 which is on the west side of N. East River Road and is contiguous to the city via the lot line
with the incorporated property at 172 N. East River Road (existing Insignia Glen townhouse
development). The parcel is proposed to be developed with a four -building, 16 -unit
townhouse (single-family attached) development, for which the necessary zoning and
subdivision relief is being separately considered.
The petitioner (property owner and proposed developer, Palatine -based 3C, led by Todd
Polcyn) has requested the City enter into a binding annexation and development agreement.
Here is a summary of key terms of the Agreement:
• After the approval of this Agreement, the Corporate Authorities will consider an
ordinance annexing the Development Property.
• After adopting the annexation approval ordinance, the Council will consider an
ordinance amending the City's zoning map to classify the Development Property
Page 2 of 10 9/18/2023
into the R-3 Townhouse Residential Zoning District, as well as approval of a
Preliminary Planned Unit Development (PUD) with requested exceptions.
• The Developer must pay to the City any amounts due pursuant to Section 9 of the
Agreement and pay to the City an amount sufficient to cover the cost of recording
this Agreement, all necessary plats, public noticing, and the Annexation Ordinance.
• The Developer must pay to the City an amount designed to cover the City's five-
year obligation under 70 ILCS 705/20. This state statute requires the City to
compensate the North Maine Fire Protection District for the removal of the property
from its tax base. The estimated cost of this obligation, based on the amount of the
Tax Year 2021 bill for the property sent to the District, is $5,000.
• The Developer will pay the City $5,413.60 in total annexation fees, which includes
the obligation to North Maine Fire as well as water connection and subdivision fees;
payment is prerequisite to the effectiveness of the annexation.
• The Developer may not commence any construction (excluding demolition) on the
Development Property unless and until the Developer submits, no later than one year
after the date of annexation, the Final Plat of Subdivision, Final PUD, and related
plans for approval by the City Council, in accordance with the Zoning Ordinance
and the Subdivision Regulations.
• Developer must, at its sole cost and expense, construct and install all of the
improvements that will be depicted on the Final Engineering Plan and the other
components of the Final PUD.
• The Developer will construct a sidewalk along the frontage of the parcel along N.
East River Road on land that will be dedicated to Cook County, which has roadway
jurisdiction, on the Final Plat of Subdivision. This, along with the extension of a
sanitary sewer main, constitutes the frontage portion of the required public
improvements.
• A declaration of covenants, easements, and restrictions, acceptable in form and
substance to the City's General Counsel, shall be recorded against the Development
Property not later than the date which the closing on any sale or occupancy of the
first Residential Structure occurs. The Declaration of Covenants shall provide for
the creation of the Homeowners' Association or unified management entity, which
shall own or manage common areas such as the private drives and open spaces.
• The Developer agrees to obtain or utilize all necessary private easements for access
and stormwater drainage.
• The Developer agrees to fully comply with the City's fees -in -lieu of park land
contributions under the Subdivision Regulations, to be approved by the City Council
at the time of Final Plat of Subdivision consideration and paid prior to the issuance
of any building permits.
• This Agreement will be in full force and effect from and after the Effective Date for
a term of 20 years.
Tom Burney, a representative from the petitioner, spoke on their behalf.
Moved by Brookman, seconded by Sayad, to Approve Resolution R-167-23, A
RESOLUTION APPROVING AN ANNEXATION AND DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF DES PLAINES AND MAS LAND
INVESTMENTS 2, LLC (180 N. EAST RIVER ROAD).
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Sayad, Brookman, Walsten
MAYS: 0 - None
ABSENT: 2 - Smith, Charewicz
Motion declared carried.
Page 3 of 10 9/18/2023
Mayor Goczkowski adjourned the Public Hearing at 7:15 p.m.
PUBLIC COMMENT A couple residents expressed concerns regarding the construction on property on Lincoln
Lane in close proximity to their residences.
ALDERMAN Alderman Oskerka requested the developer to provide clearer no parking signs at 1332
ANNOUNCEMENTS Webford Ave. He also thanked public works the efficient handling of water main breaks on
his block.
Alderman Sayad gave a reminder that the upcoming budget hearings will be held on October
12`s, 18", and 266 at 6:00 p.m. He stated he will be hosting a ward meeting on October I I"
at Golf Road Baptist Church. He also stated there will be a pancake breakfast this week at
Terrace School at 8:00 a.m., there will be an open house for Fire Station 63 on September
231 from 11:00 a.m.-2:00 p.m., and Octoberfest on September 21st -23rd at St. Zachary. He
thanked the fire department and police department for the Patriot's Day ceremony. He also
thanked public works for their handling of water main breaks.
Alderman Brookman mentioned the Fall Fest which occurred this past weekend.
Alderman Walsten thanked public works for handling three recent issues in his ward.
MAYORAL Mayor Goczkowski mentioned the third Food Truck Round -Up will be Tuesday, September
ANNOUCEMENTS 19' at Metropolitan Square starting at 5:00 p.m.; and there will be a community bike ride on
September 23`d - further details on the city website.
CONSENT AGENDA Moved by Brookman, seconded by Sayad, to Establish the Consent Agenda.
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Sayad, Brookman, Walsten
NAYS: 0 - None
ABSENT: 2 - Smith, Charewicz
Motion declared carried.
Moved by Brookman, seconded by Oskerka, to Approve the Consent Agenda.
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Sayad, Brookman, Walsten
MAYS: 0 - None
ABSENT: 2 - Smith, Charewicz
Motion declared carried.
Minutes were approved; Ordinances M-15-23 was adopted; Resolutions R-168-23,
R-169-23, R-170-23, R-171-23 were adopted.
REL OF CERTAIN Moved by Brookman, seconded by Oskerka, to Approve Resolution R-168-23, A
MINS/ CLOSED RESOLUTION RELEASING CERTAIN MINUTES OF CERTAIN CLOSED MEETINGS
SESSION OF THE CITY COUNCIL. Motion declared carried as approved unanimously under
Consent Agenda Consent Agenda.
Resolution
R-168-23
Page 4 of 10 9/18/2023
AUTH PURCH/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-169-23, A
FORD EXPEDITION/ RESOLUTION AUTHORIZING THE PURCHASE OF A FORD EXPEDITION FROM
SUTTON FORD SUTTON FORD. Motion declared carried as approved unanimously under Consent Agenda.
Consent Agenda
Resolution
R-169-23
APPROVE CHG ORD Moved by Brookman, seconded by Oskerka, to Approve Resolution R-170-23, A
1/ EMER WTR MAIN RESOLUTION APPROVING CHANGE ORDER NO. 1 WITH JOHN NERI
REPLACE/ JOHN CONSTRUCTION, INC. FOR EMERGENCY WATER MAIN REPLACEMENT ON
NERI ELMHURST ROAD. Motion declared carried as approved unanimously under Consent
Consent Agenda Agenda.
Resolution
R-170-23
APPROVE AGRMNT/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-171-23, A
RD IMPROVE/ MT RESOLUTION APPROVING AN AGREEMENT WITH THE VILLAGE OF MOUNT
PROSPECT PROSPECT FOR IMPROVEMENTS ON CENTRAL ROAD FROM WESTGATE ROAD
Consent Agenda TO WOLF ROAD. Motion declared carried as approved unanimously under Consent
Agenda.
Resolution
R-171-23
SECOND READING/ Advanced to second reading by Brookman, seconded by Oskerka, to Adopt the Ordinance
ORDINANCE M-15-23, AN ORDINANCE AUTHORIZING THE DISPOSITION OF SURPLUS
M-15-23 PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared
Consent Agenda carried as approved unanimously under Consent Agenda.
APPROVE Moved by Brookman, seconded by Oskerka, to Approve the Minutes of the City Council
MINUTES meeting of September 5, 2023, as published. Motion declared carried as approved
Consent Agenda unanimously under Consent Agenda.
APPROVE Moved by Brookman, seconded by Oskerka, to Approve the Closed Session Minutes of the
MINUTES City Council meeting of September 5, 2023, as published. Motion declared carried as
Consent Agenda approved unanimously under Consent Agenda.
NEW BUSINESS
FINANCE & ADMINISTRATION - Alderman Sayad, Chair
WARRANT Alderman Sayad presented the Warrant Register.
REGISTER
Resolution Moved by Sayad, seconded by Walsten, to Approve the Warrant Register of
R-172-23 September 18, 2023, in the Amount of $3,283,225.74 and Approve Resolution R-172-23.
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Sayad, Brookman, Walsten
NAYS: 0 - None
ABSENT: 2 - Smith, Charewicz
Motion declared carried.
Page 5 of 10 9/18/2023
COMMUNITY DEVELOPMENT - Alderman Moylan, Chair
CONSIDER AN Assistant Director of Community & Economic Development Johnson reviewed a
ORDINANCE memorandum dated September 7, 2023.
APPROVING A FINAL
PLAT OF SUBDIV & A Petitioner GW Property Group, LLC is requesting "second step" approvals: (i) a Final Plat
COND USE PERMIT of Subdivision under Section 13-2-5 of the Subdivision Regulations to consolidate the
FOR A LOCALIZED existing lots into three lots of record; and (ii) a conditional use for a Localized Alternative
ALT SIGN REG AT Sign Regulation (LASR) under Section 12-11-8 of the Zoning Ordinance.
2777 MANNHEIM RD
Ordinance Developer GW Properties, which is under construction for a multi -building restaurant -and -
Z -25-23 retail development on the southeast corner of Mannheim and Pratt (Outback Steakhouse,
First Watch, Five Guys), is now also proposing a full redevelopment at the northeast
corner—the former Cafd La Cave site. The proposed development is three new restaurants
("Class B" under the Zoning Ordinance) with indoor and outdoor seating and drive-throughs.
The summarized information for each proposed business is:
• Guzman Y Gomez is a fast -casual restaurant proposed for the one-story stand-alone
2,850 -square foot building positioned on the northern lot (Lot 1) of the commercial
development. Their anticipated hours of operation are from 7:00 a.m. to 10:00 p.m.
daily with five to ten employees on site at a given time. The building is designed
with predominately brick material of varying colors, metal canopy structures, and
an Exterior Insulation and Finish System (EIFS) accent.
• Cava is a fast -casual Mediterranean restaurant proposed for the one story stand-
alone 2,500 -square foot building positioned in the center of the commercial
development along Mannheim (Lot 2). Their anticipated hours of operation are from
10:45 a.m. to 10:00 p.m. daily with five to ten employees on site at a given time.
The building is designed with predominately stucco material and finished wood
accent.
Raising Canes is a quick -service restaurant proposed for the one-story 3,300 -square -
foot building positioned on the southern lot (Lot 3) of the commercial development
at the northeast corner of Mannheim and Pratt. Their anticipated hours of operation
are from 9:30 a.m. to 1:30 a.m. Sunday through Thursday and 9:30 a.m. to 3:30 a.m.
Friday to Saturday. There are expected to be eight to fifteen employees on site at a
given time. The building is designed with predominately brick material of varying
colors, finished wood accents, concrete masonry units, and metal canopy structures
throughout.
The subject property consists of five lots of record in the C-3 district totaling 2.39 acres, all
under the address of 2777 Mannheim Road. The petitioner received PZB approval of the
Tentative Plat to consolidate the existing five lots into three. Now the petitioner is requesting
a Final Plat of Subdivision titled Final Plat of 2777 Mannheim Road Subdivision for three
lots.
The proposed subdivision shows the following building lines and easements: (i) a new 5 -
foot front building setback line along the west property line for all proposed lots where the
proposed subdivision abuts Mannheim; (ii) a 25 -foot rear building setback line along the east
property line for all proposed lots of the subdivision; (iii) a five-foot side building setback
line along the south of Lot 3, where the proposed subdivision abuts Pratt; and (iv) a new ten -
foot -wide public utility and drainage easement extending throughout the development.
The developer is required to: (i) grind and resurface the entire Pratt Avenue pavement along
the frontage of the proposed development; (ii) re -stripe Pratt within existing ROW to allow
a new turn lane from Pratt to Mannheim; and (iii) per IDOT comments, re -stripe Mannheim
within existing ROW to allow a new left turn lane into the site and onto Pratt. Certain
Page 6 of 10 9/18/2023
underground infrastructure are required to be installed to the standards required by Public
Works and Engineering (PWE). Specifically, the developer will be required to install a new
water main in the east Mannheim ROW, which will connect to existing water mains at both
ends. A performance security in the form of a letter of credit, with the City named as the
beneficiary, will be required to secure the improvements.
The proposal includes a request for a Localized Alternative Sign Regulation (LASR), which
is a specialized sign plan eligible for certain types of developments.
The proposed commercial development consists of three separate restaurant buildings—
otherwise classified as a multi -building commercial development— which meets the
eligibility requirements for a LASR. Since this is a new LASR for the subject property, the
petitioner is requesting a conditional use.
The proposal includes: (i) a multi -tenant monument sign plan for the entire development and
(ii) separate sign plans for each proposed lot, which are summarized in more detail below:
• Site Multi -Tenant Monument Sign: The proposed eight -foot -tall, 41- square -foot
multi -tenant monument sign is located along Mannheim on proposed Lot 2 (Cava
Site) and is intended to include signs for all three restaurant tenants. It also includes
the official assigned addresses for the three new lots.
• Lot 1 (Guzman and Gomez) Sign Plan: The Lot 1 Sign Plan consists of six wall signs
proposed for the restaurant building. No ground signs are proposed for this lot. The
mural on the north (side) building elevation is classified as artwork and is not
included in the sign calculations.
• Lot 2 (Cava) Sign Plan: The Lot 2 Sign Plan consists of three wall signs proposed
for the restaurant building. No ground signs aside from the multi -tenant monument
sign are proposed for this lot.
• Lot 3 (Raising Cane's) Sign Plan: The Lot 3 Sign Plan consists of multiple sign types
including six wall signs, two window signs, one directional sign, and three drive-
through menu board signs.
o The "One Love Heart" on the west (front) building elevation and "Red Dog"
on the south (side) building elevation are classified as artwork and are
therefore not included in the sign calculations.
o Item on the north (side) building elevation is labeled as the "Painted Arrow
Mural." However, it is classified as a wall sign and is included in the sign
calculations.
o The proposed speaker posts are not classified as signs.
o Tenant panel for the site multi -tenant monument sign discussed earlier.
o The proposed "1" element on the west (front) elevation is classified as a wall
sign and is included in the calculations.
For all three lots combined, a total sign area of 626 square feet is proposed for the requested
LASR.
The PZB voted 6-0 to approve the Final Plat of Subdivision request and voted 6-0 to
recommended approval of the Conditional Use LASR request.
Should the City Council vote to approve the Conditional Use LASR request, staff and the
PZB recommend the following conditions:
1. A three-foot landscape bed in all directions must be provided at the base of all
freestanding signs. All landscape beds must be comprised of low-lying evergreen
shrubs, perennials, and annuals.
2. Structural design plans shall be provided for all signage at time of building permit.
Page 7 of 10
9/18/2023
3. All proposed signs, artwork, and elements facing residences must be non -
illuminated at all times.
4. The applicant/petitioner shall provide sight line analysis for vehicle -to -vehicle
sightlines and vehicle to-pedestrian/bicycle sightlines showing that the sign position
does not intrude upon the American Association of State Highway Transportation
Officials (AASHTO) Green Book sight triangles for the freestanding signs proposed
along the roadway driveways and site access drives. The location of the freestanding
signs may have to be slightly adjusted at the time of building permit review to
comply with AASHTO site triangle clearance.
The petitioner spoke on his behalf.
Moved by Moylan, seconded by Walsten, to Approve First Reading of Ordinance Z-25-23,
AN ORDINANCE APPROVING A FINAL PLAT OF SUBDIVISION AND A
CONDITIONAL USE PERMIT FOR A LOCALIZED ALTERNATIVE SIGN
REGULATION AT 2777 MANNHEIM ROAD, DES PLAINES, ILLINOIS (Case #23-
045-FPLAT-CU LASR).
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Sayad, Brookman, Walsten
NAYS: 0 - None
ABSENT: 2 - Smith, Charewicz
Motion declared carried.
Advanced to second reading by Sayad, seconded by Brookman, to Adopt the Ordinance
Z-25-23, AN ORDINANCE APPROVING A FINAL PLAT OF SUBDIVISION AND A
CONDITIONAL USE PERMIT FOR A LOCALIZED ALTERNATIVE SIGN
REGULATION AT 2777 MANNHEIM ROAD, DES PLAINES, ILLINOIS (Case #23-
045-FPLAT-CU LASR).
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Sayad, Brookman, Walsten
NAYS: 0 - None
ABSENT: 2 - Smith, Charewicz
Motion declared carried.
CONSIDER Assistant Director of Community & Economic Development Johnson reviewed a
ANNEXING 180 N. memorandum dated September 7, 2023.
EAST RIVER ROAD
TO THE CITY The petitioner is proposing the annexation of one parcel in unincorporated Cook County
Ordinance (Maine Township) to the City of Des Plaines. The petitioner owns the parcel, which is on
A-1-23 the west side of N. East River Road and is contiguous to the city via the lot line with the
incorporated property at 172 N. East River Road. The parcel is proposed to be developed
with a four -building, 16 -unit townhouse (single-family attached) development, for which the
necessary zoning and subdivision relief is being separately considered.
The petitioner (property owner and proposed developer, Palatine -based 3C, led by Todd
Polcyn) has requested the City enter into a binding annexation and development agreement.
The Plat of Annexation labels the subject property, including a portion of the North East
River Road right of way, and illustrates its annexation into the City of Des Plaines
boundaries. As part of this request, the petitioner will dedicate the portion of the property
that includes the North East River Road right of way to Cook County, which has jurisdiction
over the roadway. If the property is annexed and the proposed development is built and
occupied, City services such as police and fire would be provided to the estimated 32-381
Page 8 of 10 9/18/2023
residents. Residents would be served by City of Des Plaines water and sanitary, and the
homeowners' association/unified management is expected to obtain refuse service through
the City's agreement with its refuse collection provider. If incorporated into the City, the
Des Plaines Library would serve the new residents.
The annexation would become effective upon (i) the petitioner paying all annexation fees
and (ii) the petitioner depositing with the City a performance security in an amount approved
by the Department of Public Works and Engineering, to secure the extension of public
infrastructure, such as a sanitary sewer and sidewalk, along the frontage of the property.
Moved by Lysakowski, seconded by Brookman, to Approve First Reading of Ordinance
A-1-23, AN ORDINANCE ANNEXING 180 N. EAST RIVER ROAD TO THE CITY OF
DES PLAINES. (23-042-AX-TA-MAP-PUD-TSUB).
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Sayad, Brookman, Walsten
NAYS: 0 - None
ABSENT: 2 - Smith, Charewicz
Motion declared carried.
Advanced to second reading by Lysakowski, seconded by Sayad, to Adopt Ordinance
A-1-23, AN ORDINANCE ANNEXING 180 N. EAST RIVER ROAD TO THE CITY OF
DES PLAINES. (23-042-AX-TA-MAP-PUD-TSUB).
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Sayad, Brookman, Walsten
NAYS: 0 - None
ABSENT: 2 - Smith, Charewicz
Motion declared carried.
CONSIDER The petitioner is requesting a map amendment to rezone the subject property at 180 N. East
APPROVING A River Road from R-1 Single Family. The petitioner is also seeking a preliminary PUD with
ZONING MAP AMD exceptions for a proposed 16 -unit townhouse development.
AND A
PRELIMINARY PUD The map amendment and preliminary PUD requests were filed by the owner of 180 N. East
PLAT FOR 180 N. River Road (MAS Land Investments 2, LLC) concurrently with petitions for annexation,
EAST RIVER RD Tentative Plat of Subdivision, and a zoning text amendment related to the minimum lot size
Ordinance for certain PUDs.
Z-26-23
Petitioner MAS Land Investments, LLC, owner of 180 N. East River Road, intends to annex
land to the City of Des Plaines and build a townhouse development. The subject property is
in unincorporated Cook County along North East River Road and is comprised of one
40,245 -square -foot (0.92 -acre) parcel. The subject property is improved with a one-story,
1,665 -square -foot residence, a 1,194 -square -foot detached garage (including two additions),
two frame sheds approximately 82 and 90 square feet in size, and a combination of concrete
and gravel driveway and parking areas.
The proposal includes the removal of all existing site improvements to redevelop the subject
property into a 16 -unit PUD similar to the existing Insignia Glen development. The proposed
development consists of four separate three-story principal buildings—each with four units.
The anticipated unit mix will be predominately two -bedrooms, but the floor plan is adaptable
to create a third bedroom; the developer has not fmalized the unit mix. Each unit will have a
two -car attached garage on the lower level, living space with a balcony on the middle level,
and bedrooms on the top level.
Page 9 of 10 9/18/2023
The proposal intends to mirror the general building and driveway design of the existing
Insignia Glen development and will utilize the same private drive for access to East River
Road. For this reason, the existing gravel curb cut onto the subject property will be removed
and replaced with turf and landscaping areas. New walkways are proposed along the private
drive (south property line)—with walkway connections to each unit—and along North East
River Road (east property line) of the subject property for pedestrian access throughout the
site and connections to the existing Insignia Glen PUD. The development also proposes
common green spaces for residences opposite the driveway entrances where separate front
door, porch area, and walkway connections are provided.
The subject property is currently located in unincorporated Cook County and is not classified
under any zoning district classification identified in Chapter 7 of the Des Plaines Zoning
Ordinance. However, upon approval of an annexation of the subject property into the
municipal boundaries, the default zoning district classification is R-1 Single Family
Residential per Section 12-6-4.B. The proposed townhouse dwelling use is not allowed in
the R-1 district as a permitted or conditional use but is permitted in R-3 Townhouse
Residential. As such, the petitioner is requesting a map amendment to rezone the property,
once annexed, from R-1 to R-3 to construct the proposed townhouse PUD.
The proposed development includes four separate principal buildings. The proposed PUD
on the subject property includes attached townhouse residential units in four separate
buildings (i.e., dwellings), which represent four principal structures.
While the subject property is currently not owned by the petitioner, the petitioner does intend
to take ownership of the property upon approval of the requests in this application and the
annexation of the property. While not part of the Planning and Zoning Board's purview, staff
will require the petitioner to enter into a development and annexation agreement which will
need to be approved by the City Council. The establishment of a Homeowner's Association
(HOA) will also be required to manage and maintain the proposed PUD.
The proposed 16- unit PUD requires a minimum of 36 off-street parking spaces: 32 for direct
use of the units and four common guest spaces. The PUD Site Plan indicates two covered
off-street garage spaces for each unit and eight standard parallel parking spaces off the
private drive. The proposal does not meet the minimum rear yard and minimum lot area
(maximum density) regulations. As such, PUD exceptions are required.
The PZB split their determination into separate motions: (i) voting 6-0 to recommend that
City Council approve the Map Amendment with staff recommended condition No. 5; and
(ii) voting 6-0 to recommend that City Council approve the Preliminary PUD with staff
recommended conditions Nos. 1-4.
If the City Council decides to approve these requests, the PZB recommended the following
conditions.
1. All proposed improvements and modifications shall be in full compliance with all
applicable codes and ordinances. Drawings may have to be modified to comply with
current codes and ordinances.
2. The Final PUD, plat, and site plan documents shall be revised to provide either (i) a
minimum 7 -foot -wide walkway/sidewalk adjacent to the proposed parallel parking
or (ii) sufficient buffer through curb or planting strip to accommodate door swing,
as well as any other revisions required of the Public Works and Engineering
Department.
3. Improvements to the private drive for driveway curb cuts and on -street parking shall
comply with the cross -access easement recorded with the approved PUD for the
Insignia Glen development immediately to the south.
DISC RE LEASE
AGRMT BETWEEN
THE CITY & ONESTI
ENTERTAINMENT
OTHER MAYOR
COMMENTS FOR
THE GOOD OF THE
ORDER
Page 10 of 10
9/18/2023
4. All governing documents for the construction and ongoing operation of the proposed
development including but not limited to any development/annexation agreements,
covenants, conditions, and restrictions, or any operating reciprocal easement
agreements must be submitted to and approved by the City's General Counsel prior
to the recording of the Final Plat of PUD or Final Plat of Subdivision.
5. All land use and permitting approvals shall not become effective until the City
finalizes approval of annexation of the subject property
Moved by Moylan, seconded by Lysakowski, to Approve First Reading of Ordinance
Z-26-23, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT AND A
PRELIMINARY PLANNED UNIT DEVELOPMENT PLAT FOR 180 N. EAST RIVER
ROAD, DES PLAINES, ILLINOIS. (Case #23-042-AX-TA-MAPTSUB-PPUD).
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Sayad, Brookman, Walsten
NAYS: 0 - None
ABSENT: 2 - Smith, Charewicz
Motion declared carried.
Advanced to second reading by Lysakowski, seconded by Moylan, to Adopt Ordinance
Z-26-23, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT AND A
PRELIMINARY PLANNED UNIT DEVELOPMENT PLAT FOR 180 N. EAST RIVER
ROAD, DES PLAINES, ILLINOIS. (Case #23-042-AX-TA-MAPTSUB-PPUD).
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Sayad, Brookman, Walsten
NAYS: 0 - None
ABSENT: 2 - Smith, Charewicz
Motion declared carried.
LEGAL & LICENSING — Alderman Brookman, Chair
Alderman Brookman requested the discussion to be differed to a future meeting since there
are two Aldermen absent from the meeting.
Without objection, the discussion regarding the lease agreement between the City and Onesti
Entertainment was deferred to the first meeting in October.
Mayor Goczkowski announced the City is hosting a new upcoming event, Harvest Hoot, on
October 14th at Oakton College from 12:00 p.m. -4:00 p.m.
ADJOURNMENT Moved by Brookman, seconded by Sayad to adjourn the meeting. Upon voice vote, motion
declared carried. The meeting adjourned at 7:56 p.m.
fo - ML��
Jekjis . Mastals ' — CI LERK
APPROVED BY ME THIS
DAY OF , 20
Andrew Goczkowski, MAYOR