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02/23/2015Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 1 DES PLAINES ILLINOIS DES PLAINES PLAN COMMISSION MEETING FEBRUARY 23, 2015 MINUTES The Des Plaines Plan Commission Meeting held its regularly scheduled meeting on Monday, February 23, 2015, at 7 p.m., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMMISSION PRESENT: Bar, Lane, Niemotka, Yi ABSENT Perez ALSO PRESENT: George Sakas, AICP, Director/Community & Economic Development Scott Mangum, AICP, Senior Planner, Department of Community & Economic Development Stewart Weiss, General Counsel, Holland & Knight Gale Cerabona, Recording Secretary Chainnan Niemotka called the meeting to order at 7p.m. Roll call was conducted. APPROVAL OF MINUTES: A motion was made by Commissioner Yi, seconded by Commissioner Bar, to approve the meeting minutes of February 9, 2015 as presented. AYES: Bar, Lane, Niemotka, Yi NAYES: None *** MOTION CARRIED UNANIMOUSLY Chainnan Niemotka read this evening's cases. NEW BUSINESS 1. Address: Citywide Case Number: 14 -072 -TA Petitioner: O'Hare Lake Office Park, LLC, 2200 E. Devon Avenue, Suite 314, Des Plaines, IL 60018 Petitioner is requesting a Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, to Article 3 (Development Review Procedures), Article 6 (Districts and Boundaries) and Article 7 Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 2 (Districts) to create a new C-7, High Density Campus Commercial District. The C-7 District would allow high density mixed-use development as a Conditional Use through the Planned Unit Development process which could include (i) building heights of up to 165 -feet, and (ii) uses such as office, hotel, and multiple family dwellings. The proposed amendment would also establish supplemental standards for multiple family dwelling units in such planned unit developments in the C-7 District. Chairman Niemotka swore in Bruce K. Huvard, Attorney, Cohen, Salk, & Huvard, 630 Dundee Road, Suite 120, Northbrook, IL 60062 & Rick Fawell, VOA Associates Inc., 224 S. Michigan Avenue, Chicago, IL 60604. Mr. Huvard advised he is representing the Petitioner and returns tonight after improving the original submission. He provided background on the process and Staff's recommendations. Mr. Huvard stated the density/height standards now meet code; this Text Amendment would be a guide to the new C-7 district. He reviewed the Draft Text Amendment noting that some terminology was altered. Tables were referenced. He noted that existing improvements are retained by governing uses. Standards for development remain (with small revisions). Mr. Huvard concluded that his client would like an approval of the Text Amendment and standards. Mr. Huvard then referred to design elements (7.3-8, under F) which indicate standards. He noted that campus design elements are in addition (due to a denser area); these bring continuity to the concept. Mr. Huvard stated this is a matrix to see what can be built on the site, noting a recommendation to City Council would be appreciated. He also referred to a MAP Amendment (C-7 district). Chairman Niemotka asked if Commissioners have any questions. Commissioner Lane asked: • under 10D (regarding orientation), if this has been addressed regarding resident properties. Mr. Huvard stated — yes, studies have been conducted. There will be an East-West access. Buildings are positioned to avoid casting shadows on nearby properties. Mr. Fawell added — there may be shadows in the morning; neighbors may miss 1-2 hours of sunshine during the day. Chairman Niemotka stated if he were living next to this building, he would notice the height of the building; cannot see putting this building next to residences. Mr. Huvard referred to the narrative statement of standards. Chairman Niemotka asked if Commissioners have any questions. There were none. Chairman Niemotka asked Mr. Mangum to provide the staff report. Issue: The petitioner is requesting a Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, to Article 3 (Development Review Procedures), Article 6 (Districts and Boundaries) and Article 7 (Districts) to create a new C-7, High Density Campus Commercial District. The C-7 District would allow high density mixed-use development as a Conditional Use through the Planned Unit Development process which could include (i) building heights of up to 165 -feet, and (ii) uses such as office, hotel, and multiple family dwellings. The proposed amendment would also establish supplemental standards for multiple family dwelling units in such planned unit developments in the C-7 District. Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 3 Analysis: In analyzing this request, the staff considered the following information: Petitioner General Information O'Hare Lake Office Park, LLC, 2200 E. Devon Avenue, Suite 314, Des Plaines, IL 60018 Case Number 14 -072 -TA Address Citywide The petitioner has proposed the creation of a new Commercial Zoning District through a Text Amendment to the Zoning Ordinance. The described purpose of the proposed District is "to allow for the development of large, dense, and vertically-oriented complexes that incorporate both commercial and residential uses. Intended to be located proximate to arterial roads and state tollways, properties zoned in this district are appropriate as destination sites for high traffic office uses (e.g. corporate campuses) and public entertainment. All properties located in the C-7 High -Density Campus District must be developed in accordance with the City's planned unit development procedures to ensure cohesive and integrated site plans, architecture, and public improvem ents." The C-7, High Density Campus Commercial District would allow building heights of up to 165 -feet and a number of permitted uses such as office, hotel, and multiple family dwellings. In addition to typical height and setback bulk standards and use regulations, the proposed the Text Amendment would establish reduced parking requirem ents for residential units. However, development within the District would require a Planned Unit Development process including public hearings before the Plan Commission and City Council. The benefit to the property owner of creating and applying a new Zoning District is that it provides more predictability in the approval process. The proposal would establish prerequisites, such as size of greater than 10 acres, location within proximity to a tollway, access to an arterial street, and percentage of open space required, for eligible tracts of land to be classified within the District. The full text of the proposed C-7, High Density Campus Commercial District is included within Attachment 1. The petitioner has also applied for a Map Amendment to apply the proposed Zoning District to the O'Hare Lake Office Park (Case #14 -071 -MAP). According to Section 7.5-1 of the Zoning Ordinance, the purpose of the C-3 District is to accommodate a variety of businesses in locations to serve the community of Des Plaines. Standards for a Zoning Text Amendment To analyze this map amendment request, the standards for amendments contained in Section 3.7-5 of the Zoning Ordinance are used. Following is a discussion of those standards: A. Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan. The 2007 City of Des Plaines Comprehensive Plan describes the need for the type of mixed-use, employment, and entertainment land uses proposed within the proposed C-7, High Density Campus Commercial District. Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 4 The C-7 District would allow for office, residential, restaurants and hotels, including banquet and meeting facilities. B. Whether the proposed amendment is compatible with the current conditions and the overall character of existing developments in the immediate vicinity of the subject property. The proposed development standards are as or more intense than any current zoning district within the City. The height limit of 165 -feet would exceed that of the C-6, Casino Zoning District by 5 -feet and that of the C-5 Central Business Commercial District by 65 -feet. Depending on the location of the C-7 High Density Campus Commercial District, the intensity of development on large tollway-adjacent sites could be appropriate, however, additional standards or regulations, such as increased building setbacks, may be necessary to ensure compatibility when adjacent to more sensitive land uses. C. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to the subject property. The proposed development standards would allow for intense development which may have significant impacts on public facilities. The Planned Unit Development Process would require the submittal of a Traffic Study and Engineering plans, where the impacts would be evaluated through a public hearing process before the Plan Commission and City Council. D. Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction. The proposed intensity of development that would be allowed would likely result in an increase in the property values within the district, however, the intensity of development allowed may have an adverse impact on adjacent properties without additional standards and regulations. E. Whether the proposed amendment reflects responsible standards for development and growth. The proposed text amendment to create the C-7, High Density Campus Commercial District would allow for many of the type of uses contemplated by the Comprehensive Plan. However, as proposed the development could cause adverse impacts to the more sensitive adjacent land uses without additional standards or regulations such as increased building setbacks. Recommendation: Based on the above analysis, the Community Development Department recommends that the Plan Commission consider the potential impacts of the C-7, High Density Campus Commercial District and potential modifications to the standards that would limit the intensity of development within a certain proximity of less intensive zoning districts. For example, modification to the building setback requirements could require additional setback for increased building height. If approved without modification, the reclassification of properties in close proximity to sensitive land uses should be considered carefully. Plan Commission Procedure: Under Section 3.7-4-C of the Zoning Ordinance (Amendments) the Plan Commission has the authority to make a recommendation for approval, approval with modification, or Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 5 disapproval of the above-mentioned text amendment. The City Council has the final authority on the proposal. Chairman Niemotka asked if Commissioners have any questions. Board Member Lane asked: • from Petitioner and Staff's standpoint, what the recommended setback is. Mr. Mangum advised — a minimum setback and height (for example in the current C-2 District) is a 25 ft. setback and a 45 ft. height limit. Staff recommends an additional setback of 5 ft. for every additional 10 ft. of height. Chairman Niemotka stated he would like to see the left (west) side of the property to remain in the C-2 district. Mr. Huvard responded that the soul of the project would be missed, multiple setbacks would allow buildings to be tall and narrow; and existing buildings are not great to look at. He suggested that if the goal is to have a quality development, then retaining some area in the C-2 district would not give the neighbors something better to view; this proposal would be an improvement. Mr. Fawell illustrated the rendering and explained that the buildings are oriented to the South (80 ft. -165 ft.); neighbors aren't affected by sun. He noted a roadway will be present along with landscaping and a fence to create a boundary. The view is from the pedestrian level. Chairman Niemotka verified if the existing building faces the park area, noting this is an attractive view. Petitioner concurred. Chairman Niemotka asked if the audience has any questions and swore in the following: • Robert Soch, 2940 Craig Mr. Soch stated he lives kitty corner from the park, and his home has 140 -inch floor/ceiling windows. He advised that the current building is not of concern but this proposed large building would obscure his view. • Nada Hana, 2863 S. Craig Ms. Hana asked/stated: o if the last proposed building would replace the 2300 building. Mr. Huvard advised — it will be governed by the rules but is under separate ownership; it will not come down. He agreed it will take quite some time to develop. o the building will block the view o it will be noisy o the windows on proposed building are higher than our homes so if the building faces West, privacy will be lost Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 6 • Herman Zelk, 1990 Fargo & 3083 Patton Mr. Zelk clarified/asked: o that the height must be approved by the FAA. Mr. Mangum advised — yes, and stated a Planned Unit Development must be approved, and height clearance must be received from the FAA. He added that the new Text Amendment would require approval of a Planned Unit Development o if the building can be 9 stories high; in context with neighborhood. Mr. Huvard advised — instead of part of the property remaining in the C-2 district, the height reduction on the West side is preferable • Rich Einecker, 2911 S. Craig Mr. Einecker advised/asked: o he has lived in Des Plaines for 20 years and likes the office complex. He is concerned with the noise of additional neighbors in townhomes as well as cars. He stated his property is in line with the 2300 building, he believes traffic would be increased, and flooding needs to be addressed; perhaps the height can be reduced o about ComEd lines, service road, and landscaping on Western Avenue. Bob Kozonis, Property Owner, advised — when he bought the property, he paid $1 million to clean up the lines. He stated these lines are below ground. Mr. Kozonis advised he may take and maintain the trees. Mr. Kozonis also stated that the 2300 building has been on the property since 1979, and there is now a 10 -year lease; don't believe this building will be removed. o if there would be additional uses from what is allowed in the C-2 district. Mr. Mangum advised — yes, residential, financial institutions, hotels, etc. o if there would be other development i.e. retail. Mr. Mangum advised — the zoning district allows all of these uses. Specifications would be noted at that time. o if this is the best use for the site. Mr. Mangum advised — the developer is looking for flexibility, and City recognizes that the location of the site makes it desirable for a number of commercial, retail, restaurant, hotel, and day care uses. o if these are as -planned covenants. Mr. Mangum advised — yes, a future Planned Unit Development could include conditions; there would be a public hearing • Patrick & Elizabeth Darby, 2827 S. Craig Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 7 Mrs. Darby advised they have lived in their home for 23 years and spend a lot of time in the backyard. She stated there is a lot of privacy currently, but it will be lost with new neighbors looking in our yard; don't want the building there. Mr. Darby stated it is a noisy neighborhood now; property values will be reduced. • George Cutro, 2941 S. Craig Mr. Cutro asked if the egress/access points are needed at the site. Mr. Fawell advised — there are 3 egresses now, but it depends on traffic studies. Mr. Huvard clarified: • market demand is unlikely for residences on the tollway side • at entrance, entertainment is slated • uses stated would be accessory to the main use • the Comprehensive Plan map shows as the entertainment district, covenants would be stated in agreement (screening/landscaping) Chairman Niemotka asked if the audience has any further comments. There were none. Chairman Niemotka asked Commissioners is they have any comments. There were none. A motion was made by Commissioner Bar, seconded by Commissioner Yi, to approve the Text Amendment as presented. AYES: Bar, Yi NAYES: Lane, Niemotka *** MOTION FAILED *** A motion was made by Commissioner Lane, seconded by Chairman Niemotka, to approve the Text Amendment with modifications on setback and building height when next to a residential area. AYES: Lane, Niemotka NAYES: Bar, Yi *** MOTION FAILED *** Mr. Huvard asked what the setback, height amounts would be, noting that the setback is difficult to work with. He suggested perhaps West building heights could be reduced potentially to 9 stories/145 ft. Mr. Fawell stated his preference is for varied setbacks with the maximum height remaining as proposed, and for every 10 ft. in additional height, an additional setback of 5 ft. Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 8 Steward Weiss, General Counsel, noted that since two motions failed, crafting a new motion would be appropriate per the amended request of the petitioner. A motion was made by Commissioner Lane, seconded by Commissioner Bar, to approve the Text Amendment with varied setbacks, and for every additional 10 ft. in height, an additional setback of 5 ft. AYES: Bar, Lane, Niemotka, Yi NAYES: None * * * MOTION CARRIED UNANIMOUSLY 2. Address: 2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case Number: 14 -071 -MAP Petitioner: O'Hare Lake Office Park LLC, 2200 E. Devon Avenue, Suite 314, Des Plaines, IL 60018 Owners: O'Hare Lake Three Buildings LLC, 2200 E. Devon Avenue, Suite 314, Des Plaines, IL 60018 O'Hare Lake 2350-60 LLC, 2200 E. Devon Avenue, Suite 314, Des Plaines, IL 60018 O'Hare Lake Owners Association, 2200 E. Devon Avenue, Suite 314, Des Plaines, IL 60018 GSA Des Plaines LLC, 2300 E. Devon Avenue, Des Plaines, IL 60018 GSA Des Plaines LLC, c/o Allen, Matkins, Leck, Gamble, Mallory, &Natsis LLP, 1901 Avenue of the Stars, Suite 1800, Los Angeles, California 90067 PINs: 09-33-401-027-0000, 09-33-401-028-0000, 09-33-401-029-0000, 09-33-401-030-0000, 09-33-401-031-0000,09-33-401-032-0000 Petitioner is requesting an Amendment to the Official Des Plaines Zoning Map, as amended, to reclassify the properties from the C-2 Limited Office Commercial District to the new C-7, High Density Campus Commercial District. The new C-7, High Density Campus Commercial District, as proposed in Case No. 14 -072 -TA, would allow high density mixed-use development as a Conditional Use through the Planned Unit Development process which could include (i) building heights of up to 165 -feet, and (ii) uses such as office, hotel, and multiple family dwellings. The proposed amendment would also establish supplemental standards for multiple family dwelling units in such planned unit developments in the C-7 District. Chairman Niemotka asked Mr. Mangum to provide the staff report. Issue: The petitioner is requesting an Amendment to the Official Des Plaines Zoning Map, as amended, to reclassify the properties from the C-2 Limited Office Commercial District to the new C-7, High Density Campus Commercial District. The new C-7, High Density Campus Commercial District, as proposed in Case No. 14 -072 -TA, would allow high density mixed-use development as a Conditional Use through the Planned Unit Development process which could include (i) building heights of up to 165 -feet, and (ii) uses such as office, hotel, and multiple family dwellings. The proposed amendment would also establish supplemental standards for multiple family dwelling units in such planned unit developments in the C-7 District. Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 9 Analysis: In analyzing this request, the staff considered the following information: General Information Petitioner O'Hare Lake Office Park LLC, 2200 E. Devon Avenue, Suite 314, Des Plaines, IL 60018 Owners O'Hare Lake Three Buildings LLC, 2200 E. Devon Avenue, Suite 314, Des Plaines, IL 60018 Case Number Addresses Real Estate Index #s Existing Zoning Existing Land Use O'Hare Lake 2350-60 LLC, 2200 E. Devon Avenue, Suite 314, Des Plaines, IL 60018 O'Hare Lake Owners Association, 2200 E. Devon Avenue, Suite 314, Des Plaines, IL 60018 GSA Des Plaines LLC, 2300 E. Devon Avenue, Des Plaines, IL 60018/ GSA Des Plaines LLC, c/o Allen, Matkins, Leck, Gamble Mallory, & Natsis LLP, 1901 Avenue of the Stars, Suite 1800, Los Angeles, California 90067 14 -071 -MAP 2200, 2250, 2300, 2350-2360, 2400 E. Devon Avenue 09-33-401-027-0000,09-33-401-028-0000,09-33-401-029-0000, 09-33-401-030-0000,09-33-401-031-0000,09-33-401-032-0000 C-2, Limited Office Office Park Surrounding Zoning North: R-1, Single -Family Residential South: Village of Rosemont East: C-2, Limited Office Commercial, C-6, Casino Commercial West: R-1, Single -Family Residential Surrounding Land Use North: Single Family Residential South: Multi -Family Residential, Office East: I-294, Office, Casino West: Single Family Residential, Park Street Classification Devon Avenue is identified as a local street in the 2007 Comprehensive Plan. Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 10 Comprehensive Plan Entertainment is the recommended use of the property. The office park owner has requested that the subject property, located on approximately 48 acres of land north of Devon Avenue and west of I-294, be reclassified from the C-2, Limited Office Commercial Zoning District to the newly proposed C-7, High Density Campus Commercial District (Zoning Case #14 -072 -TA). The O'Hare Lake Office Park was previously comprised of 5 office buildings on 6 lots. The northernmost lot (Lot 5) is now under separate ownership, but is involved in the current application as it is included with all of the other lots in an existing Planned Unit Development (Case #04 -04 -PUD, Ord Z-12-04) approved in 2004. The building on the easternmost lot (Lot 4) is currently in the process of being demolished. The property has 975 -feet of frontage on Devon Avenue and is currently accessed by three entrances off of Devon. Summary of O'Hare Lake Lots: Lot 1: 5.8 acres (429 parking spaces) Lot 2: 6.1 acres (383 parking spaces) Lot 3: 6.0 acres (387 parking spaces) Lot 4: 6.3 acres (423 parking spaces) Lot 5: 7.2 acres (414 parking spaces) Lot 6: 16.5 acres (Lake Peterson) Although the City is not aware that the petitioner has identified a developer or major tenants, the owner believes that changing the zoning to allow for more intense redevelopment would assist in attracting development. The current C-2, Limited Office Zoning District allows a limited number of land uses and buildings up to 45 -feet in height. The proposed C-7, High Density Campus Commercial District, would allow a much greater intensity of development with building heights of up to 165 -feet and a number of permitted uses such as office, hotel, and multiple family dwellings. However, new development within the proposed C-7 District would require a Planned Unit Development (PUD). The existing PUD that governs development on these properties would either need to be repealed or amended to allow new development. A full public hearing process with consideration by the Plan Commission and City Council would be required. According to Section 7.5-1 of the Zoning Ordinance, the purpose of the C-3 District is to accommodate a variety of businesses in locations to serve the community of Des Plaines. Standards for a Zoning Man Amendment To analyze this map amendment request, the standards for amendments contained in Section 3.7-5 of the Zoning Ordinance are used. Following is a discussion of those standards: A. Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan. The 2007 City of Des Plaines Comprehensive Plan recommends an Entertainment use for this site. The proposed C-7, High Density Campus Commercial District would allow for many of the types of uses contemplated by the Comprehensive Plan. Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 11 B. Whether the proposed amendment is compatible with the current conditions and the overall character of existing developments in the immediate vicinity of the subject property. The current conditions on the west and north side of the O'Hare Lake Office Park is single-family residential. The proposed bulk and scale of the development on the west side of O'Hare Lake may not be compatible with these more sensitive land uses. More intensive multi -family residential and Office uses are located within the Village of Rosemont on the opposite side of Devon Avenue. The proposed C-7 development standards would not be out of scale with the Office, Hotel, and Casino developments to the east of I-294. C. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to the subject property. Additional information would be required to determine the adequacy of public facilities and services. Engineering plans would be required as a part of any Planned Unit Development proposal. D. Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction. The proposed intensity of development that would be allowed on the site would likely result in an increase in the property value of the site. E. Whether the proposed amendment reflects responsible standards for development and growth. The proposed map amendment to reclassify the properties to the newly proposed C-7, High Density Campus Commercial District would allow for many of the types of uses contemplated by the Comprehensive Plan. However, as proposed the development could cause adverse impacts to the more sensitive land uses to the West and North of the property. Recommendation: Based on the above analysis, the Community Development Department recommends approval of the requested zoning map amendment to change the zoning classification to C-7, High Density Campus Commercial District for Lots 2, 4, and 6. These lots are sufficiently buffered from sensitive uses and appropriate for larger scale development. However, staff has concerns about the potential impacts of development on more sensitive land uses located adjacent to Lots 1, 3, and 5. The Plan Commission should carefully consider whether to reclassify these adjacent lots to the west. Alternately, possible revisions to the development standards in the proposed C-7, High Density Campus Commercial District, such as increased setbacks for additional building height when adjacent to residential, could lessen the potential impacts on these properties. Planning Commission Procedure: Under Section 3.7-4-C of the Zoning Ordinance (Amendments) the Plan Commission has the authority to make a recommendation for approval, approval with modification, or disapproval of the above-mentioned map amendment. The City Council has final authority on the proposal. Mr. Mangum noted the Commission may recommend for a map amendment from the C-2 to the C-7 district for the lots in question. A motion was made by Commissioner Bar, seconded by Commissioner Lane, to approve the MAP Amendment from the C-2 to the C-7 district. Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 12 AYES: Bar, Lane, Niemotka, Yi NAYES: None *** MOTION CARRIED UNANIMOUSLY *** 3. Address: 300 Western Avenue Case Number: 15 -007 -PUD -SUB Petitioner: Rick Zirk for Orleans RHIL, LP, 1834 Walden Office Square, Suite 300, Schaumburg, IL 60173 Owner: BCD Ventures, LLC, 1440 Townline Road, Mundelein, IL 60060 PINs: 09-17-100-009-0000, 09-17-100-032-0000, 09-17-100-053-0000, 09-17-100-054-0000, 09 -17 -100 -055 -0000,09-17-100-056-0000,09-17-100-057-0000,09-17-203-024-0000, 09-17-203-034-0000,09-17-100-029-0000 A Preliminary Planned Unit Development (PUD) is requested under Section 3.5 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow for the construction of 101 Townhomes on approximately 7.7 acres as the Colfax Crossing PUD with a requested PUD exception from the R-4, Central Core Residential Zoning District standards for rear setbacks as small as 20.76 -feet instead of not less than 25 - feet; A Tentative Plat of Subdivision to create the Colfax Crossing Subdivision with 2 lots. Chairman Niemotka swore in Mr. Zirk who offered a PowerPoint presentation. He noted the past site was rezoned to R-4 (172 units) and a townhome use is proposed. He noted that public notices were sent/published (a mailing of 493). Mr. Zirk advised that a transportation -oriented, urban design is slated North of Route 14, West of Lexington Homes, and East of the railroad tracks. Contextual building photos were shown. He reported that this site is walking distance to the Metra station; large demand for user. Mr. Zirk stated that these benefits outweigh the uses to the West. Mr. Zirk advised that in the past, another development was approved but never built (due to an expiration). He noted the orientation of the building will now avoid fiber optic lines; 101 units are proposed. The front of the building is on Route 14, the interior of buildings face the road. Buildings could be moved a few feet in either direction (if needed). Individual water and sewer services are provided per unit. Deviations are for Buildings 4 & 5; 20 ft. minimum setback. Buildings 9-15 overlook the railroad. He noted that Staff recommended building entrances that face the street which may require a 5 ft. additional setback; this is not yet reflected in the plan. Mr. Zirk identified the previous railroad parcel. He noted this sliver was not transferred/sold. The 029 Pin# was slated for Remington/Lexington. The legal description is not as such. The agreement and its terms to acquire the parcel are still being discussed; will be sorted out soon and acquired. Mr. Zirk illustrated building elevations of row houses (gabled roof, different architectural features at roofline/entrances, and relief within building). Materials were shared (brick, stone, etc.). Mr. Zirk stated a consistent theme is slated with variations. Buildings 4, 5, & 6 have different streetscapes. There are 2 floor plans depicting 1,763 & 1,858 sq. ft. Buildings are aligned with entrances at front. He noted that Staff recommends an alternate entrance, however, maintaining a front yard view is preferable. Mr. Zirk identified landscape plantings, a sidewalk, and split courtyard area. At the rear of courtyard, landscaping islands are proposed. A 6 ft maintenance -free fence is slated. Along Route 14, an easement or Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 13 dedication will be made for a future bicycle path; retaining wall will be modified. At entrance, a monument sign (with text stating Colfax Crossing) and landscaping are proposed. Commissioner Lane asked: • about a detention pond. Mr. Zirk advised — this would be a naturalized pond (no turf grass); deep - root structure. He stated this is a hybrid detention/retention pond. • how garbage will be collected. Mr. Zirk advised — there are individual garbage and recycling bins • if there will be individual postal delivery or a gang system. Mr. Zirk advised — a gang system on curb line (6-12 mailboxes in 1 area) facing driveway or street • besides landscaping, how will noise be mitigated. Mr. Zirk advised — a 6 ft. vinyl fence and minimum number of windows face the train • if there will be extra insulation. Mr. Zirk advised — per the IAC code with additional insulation • if windows will be tripled -glazed. Mr. Zirk advised — possibly • if there will be berms in the back. Mr. Zirk advised — no Chairman Niemotka asked: • if there are parking spaces in the garage. Mr. Zirk advised — yes, 2 in garage and 30 on the street • if cars can be parked on the apron. Mr. Zirk advised — no • if the Glen Ellyn property is the same size. Mr. Zirk advised — it's much smaller but the same orientation Commissioner Lane asked: • what the entry-level price point is. Mr. Zirk advised — the average base price is $300,000 (up to $340,000) • if this is condo ownership. Mr. Zirk advised — this is a fee -simple environment. Decks and limited improvements will be monitored by the Association. Chairman Niemotka referred to the bonus room, and asked who the buyer is. Mr. Zirk advised — the bonus room may be a home office or workout room, but there would not be a lot of buyers with chlidren. Chairman Niemotka asked Mr. Mangum to provide the staff report. Issue: A Preliminary Planned Unit Development (PUD) is requested under Section 3.5 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow for the construction of 101 Townhomes on approximately 7.7 acres as the Colfax Crossing PUD with a requested PUD exception from the R-4, Central Core Residential Zoning District standards for rear setbacks as small as 20.76 -feet instead of not less than 25 -feet; A Tentative Plat of Subdivision to create the Colfax Crossing Subdivision with 2 lots; Analysis: Preliminary Planned Unit Development Report Owners: Rick Zirk for Orleans RHIL, LP, 1834 Walden Office Square, Suite 300, Schaumburg, IL 60173 Petitioner: BCD Ventures, LLC, 1440 Townline Road, Mundelein, IL 60060 Case Number: 15 -007 -PUD -SUB Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 14 Real Estate Index #s Existing Zoning Existing Land Use Surrounding Zoning Surrounding Land Use North: Street Classification Comprehensive Plan Development Schedule Project Description 09-17-100-009-0000,09-17-100-032-0000,09-17-100-053-0000, 09-17-100-054-0000, 09-17-100-055-0000, 09-17-100-056-0000, 09-17-100-057-0000,09-17-203-024-0000,09-17-203-034-0000, 09-17-100-029-0000 R-4, Central Core Residential Vacant land North: South: East: West: M-2, General Manufacturing R-4, Central Core Residential R-4, Central Core Residential M-2, General Manufacturing Electric Infrastructure, Railroad Tracks South: Multi -Family residential East: Townhomes West: Railroad Tracks, Vacant Land Western Avenue, Evergreen Avenue, and Harding Avenue, and are all local streets, while Northwest Highway is an Arterial. Low density multi -family residential is the recommended use of the property. 2015-2019 Construction In 2003 the property at 300 Western Avenue was reclassified from the M-2, General Manufacturing to the R-4 Central Core Residential Zoning District at the request of Newport Builders. In 2007 the City Council approved a Preliminary Planned Unit Development (Case #07 -040 - PUD) request from Remington Homes to develop 106 Townhomes on the former Schwake Stone site. The development never occurred and the approval has since expired. Orleans Homes is currently proposing a similar site plan to develop 101 Townhomes on the 7.74 acre parcel. The Preliminary Site Plan identifies 20 townhome buildings organized within 5 Blocks (A -F). Blocks A, C, D, E, and F would contain between one and ten townhome buildings, while Block B would be utilized as a detention pond. Evergreen Avenue would be extended west from its current terminus at Western Avenue and end in a cul-de-sac at the southwest end of the site. Western Avenue would be improved and widened following acquisition of a parcel adjacent to the existing Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 15 Western Avenue Right of Way. No access to Northwest Highway is proposed. Each 1,763-1,858 square foot, three level townhome would include two or three bedrooms and an attached first level two -car garage. Additionally, approximately 30 on -street parking spaces would be available. PUD Findings As required, the proposed development is reviewed below in terms of the findings contained in Section 3.5- 5 of the Zoning Ordinance: A. The extent to which the Proposed Plan is or is not consistent with the stated purpose of the PUD regulations in Section 3.5-1: Comment: The proposed plan is consistent with the stated purpose of Section 3.5-1 of the Zoning Ordinance in so far as the proposed townhome development would allow for an efficient use of land resulting in more economic networks of utilities, street and other facilities not be possible under the strict application of the Zoning Ordinance based on the proposed density of residential development on the site. B. The extent to which the proposed plan meets the prerequisites and standards of the planned unit development regulations: Comment: The proposed Planned Unit Development meets all PUD requirements contained in Section 3.5- 2 of the Zoning Ordinance as it would be located in a zoning district (R-4) that permits PUDs, it meets the minimum size standard of two acres, as it is 7.7 acres in size, and the land to be developed as Townhomes is under the control of Orleans Homes as contract purchaser. C. The extent to which the proposed plan departs from the applicable zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to the density, dimension, area, bulk, and use and the reasons why such departures are or are not deemed to be in the public interest: Comment: The proposed development meets or exceeds the following applicable zoning regulations as proposed for the R-4, Central Core Residential District: • Minimum size for PUD; Two acres are required; the total site is 7.7 acres; • Maximum building coverage (Not applicable in R-4, Central Core Residential); • Parking requirements; 202 spaces (2/unit) are required; 202 are proposed in addition to on -street parking; • Building Height; A maximum height of 80' is allowed and a maximum of approximately 38' is proposed; • Compatibly with surrounding properties; and • Traffic (Adequate provision for safe ingress and egress and minimal traffic congestion) Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 16 A proposed Planned Unit Development exception is requested for: • Rear -yard setback of approximately 21', instead of not less than 25' for Building number 4. D. The extent to which the physical design of the proposed development does or does not make adequate provision for public services, provide adequate control of vehicular traffic, provide for, protect open space, and further the amenities of light and air, recreation and visual enjoyment: Comment: After reviewing the petitioner's preliminary building and site improvement plans; it appears that the proposed development is making adequate provision for the necessary infrastructure. Comments and conditions from the Public Works and Engineering Department further address this issue. Pedestrian access to the site would be provided by a continuation of the sidewalk network through the site. No formal open space is proposed, but comments and conditions include providing a revised Landscape Plan with programming for the small open space areas on site. Additionally, a detention pond is proposed along the railroad tracks. The control of vehicular traffic is addressed by the petitioner's professional traffic study, which was performed by KLOA of Rosemont, IL and reviewed by the City' s Engineering Division. The study concludes: • The site is well located with respect to the current roadways. Its proximity to downtown Des Plaines and to the Metra train station will help reduce the amount of trips generated. • The number of trips expected to be generated by the proposed townhome development will be low. • The addition of the site generated traffic is projected to have no significant impact on the studied intersections. • The increase in delay at the studied intersections will not be significant and will not affect the operational characteristics of the intersections. • The conversion of Western Avenue (north of Harding Avenue) and Evergreen Avenue (west of Wildflower Street) will improve the traffic flow in the area and will help provide the development with efficient access. • The proposed access with two full ingress/egress access points on Western Avenue will be adequate in accommodating site traffic. E. The extent to which the relationship and compatibility of the proposed development is beneficial or adverse to adjacent properties and neighborhood: Comment: The proposed 101 -unit townhome development is similar to the recently constructed Lexington Park townhome development to the East. The development continues the existing City street grid by extending Evergreen Avenue and improving the Western Avenue and Evergreen Avenue intersection. F. The extent to which the proposed plan is not desirable to physical development, tax base and economic well-being of the entire community: Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 17 Comment: The site is currently vacant. If the development is built as proposed with the 101 townhomes, the assessed valuation of the property would likely increase, which will result in an increase in property tax revenue for the City of Des Plaines and thus enhance the economic well-being of the City. Of course, once the townhomes are built and occupied, there will be greater demands on city services, city streets and other public facilities. It is assumed that the city's current public services and public facilities will be able to handle the increased need for services at this location without being overburdened. G. The extent to which the proposed plan is in conformity with the recommendations of the 2007 Comprehensive Plan: Comment: The proposed townhome development conforms to the land use plan contained in the 2007 City of Des Plaines Comprehensive Plan. The proposed development is in conformity with the plan's stated goal for Low Density Multi -Family Residential which calls for residential areas consisting primarily of low-rise multi -family, duplex, and townhouse dwellings, generally with a density of up to 22 dwelling units per acre. The plan also calls for this type of residential to be developed on vacant and/or former industrial sites west of downtown. In addition, townhouses in this area of the city could be in conformity with the 2007 Comprehensive Plan's (Chapter Two) goals for Land Use and Development. Specifically, the proposed townhouses could serve, "to provide high quality and diverse housing options for city residents." PUD Issues/Considerations: 1. The orientation and configuration of the townhome buildings #6-15 lack presence on Evergreen Avenue. A condition of approval is proposed that would require the end units to have entrances that face Evergreen Avenue. Tentative Plat Report Name of Subdivision: Colfax Crossing Address: 300 Western Avenue Request: Approval of a Tentative Plat of Subdivision Total Acreage of Subdivision: 7.7 acres General Information Lot Descriptions and Construction Plans: The Tentative plat shows the existing lots being resubdivided into one lot containing 5 Blocks (A -F) for the private development of 101 Townhomes and the remaining 1.59 acres dedicated for Street Rights of Way. A subdivision variation would be requested from Section 13.2- 5(L) for a right-of-way width of as narrow as approximately 50 -feet, instead of not less than 66 -feet. While the requested right-of-way width is less than required, it is consistent with the right of way widths within the Lexington Park development to the East. Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 18 Tentative Plat Comments 1. If approved, the Final Plat must show the Name of the Owner(s) and notarized signatures; 2. The Final Plat must show the proper easement provisions and signature lines and have them signed by all the public service utilities; 3. On the Final Plat, the petitioner shall sign the owner certificate(s) and have them notarized. 4. The Final Plat must show Municipal Boundaries. 5. The Final Plat must show building lines and easements including dimensions. 6. The Final Plat must show a statement of land dedication for public use. 7. The Final Plat must show a complete legal description. 8. The Final Plat must include Certificates from the Finance Director, Director of Public Works and Engineering, and Director of Community and Economic Development; 9. The Final Plat must show all subdivision regulation variances. Plan Commission Procedure The Plan Commission may vote to grant or deny approval of the Tentative Plat. If approved, the petitioner's next step is to submit final engineering plans to the Public Works and Engineering Department and return to the Plan Commission with a corrected plat for Final Plat consideration. Staff Recommendations: • The Department of Community and Economic Development recommends approval of the Preliminary Planned Unit Development and approval of the Tentative Plat, subject to conditions #1- 4 listed below. • After reviewing the Tentative Plat of Subdivision, Preliminary Engineering plans and the Traffic Study, the Public Works and Engineering Department recommends approval of the Preliminary PUD, subject to conditions #5-10 listed below. • The City of Des Plaines Fire Department recommends approval of the Preliminary PUD, and approval of the Tentative Plat of Subdivision, subject to conditions #11 — #12, as listed below: Conditions: 1. The petitioner must prepare a Final Planned Unit Development Plat that meets all the requirements of Appendix A-4 (Minimum Submittal requirements for PUDs) of the City of Des Plaines Zoning Ordinance and a Final Plat of Subdivision that meets all the requirements of the Subdivision Regulations and the comments in this report and submit it to the Community and Economic Developm ent Departm ent. 2. Provide written proof of Final Engineering approval from the City of Des Plaines Public Works and Engineering Department; 3. The petitioner shall pay all applicable building permits and related fees. 4. End units of buildings that are perpendicular to a street, shall be designed to have entrances that face the public street. 5. The petitioner shall submit a traffic signage and pavement marking plan to the satisfaction of the Director of Public Works and Engineering. 6. The petitioner shall submit revised Engineering plans depicting that sidewalks throughout the development shall extend through the driveways and meet all ADA requirements, including the Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 19 maximum 2% cross -slope requirement. Sidewalk connections shall be provided at all intersections through curb ramps to provide a more walkable site. 7. Street improvements shall be made to Western Avenue between Harding and Evergreen. Western Avenue shall be realigned to fix the jog in alignment at the WestemlHarding intersection and the skew at the WestemlEvergreen intersection to the satisfaction of the Director of Public Works and Engineering. Sufficient land shall be acquired and dedicated to the City following the required street improvements. 8. Sufficient Right of Way shall be dedicated to the City along the Northwest Highway frontage at the Southwest corner of the proposed site to allow for a pedestrian/bicycle sidepath along the northeast side of Northwest Highway. It is anticipated that approximately 20 feet of right-of-way, beginning at the curb line of Northwest Highway, will be needed to construct the sidepath. 9. The petitioner shall submit a revised Landscape Plan with programming (e.g. pocket park, benches) for the open areas along the Western Ave frontage as well as just west of the cul-de-sac to the satisfaction of the Directors of Public Works and Engineering and Community and Economic Development. 10. Connection of sanitary sewer to adjacent public sanitary sewer shall occur within the public right of way. 11. Provide sufficient fire hydrants to the satisfaction of the Fire Chief. 12. Provide sufficient emergency vehicle turning radius to the satisfaction of the Fire Chief. Plan Commission Procedure: The Plan Commission may vote to recommend approval, approval with modifications, or disapproval. The City Council has final authority over the Preliminary PUD. Chairman Niemotka asked if Commissioners have any questions. There were none. Chairman Niemotka asked for audience comments and swore in the following: • Alice Chrostowski, 430 Western (Stonegate Condominiums) Ms. Chrostowski inquired if 30 parking spaces are proposed. Mr. Zirk advised — yes. Ms. Chrostowski stated she doesn't believe that is sufficient and explained why (per her building's allotted spaces; there's more than 1 guest space per every 3 units). She advised that parking spaces on the street are filled at night. She asked that the Petitioner locate more on-site visitor parking spaces. • Philip Kryger, 430 S. Western, Unit 405 Mr. Kryger asked/stated: o if Western will be widened. Mr. Mangum advised — yes, north of Harding Avenue. Mr. Zirk illustrated same o on Northwest Highway toward the project, Western is currently a small street; additional traffic will clog Western o for left-hand turns, there will be traffic jams o maybe the builder could shut off access from Western to the units; create streets from townhouses to Seegers Road; perhaps even a traffic signal Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 20 • Ken Laboda, 300 Wildflower Mr. Laboda stated/asked: o as density is reasonable, traffic is an issue (on Harding to Laurel) o if Western will be a 2 -way street. Mr. Mangum advised — yes, and possibly Evergreen (following review) o there aren't enough parking spaces, as presented o garbage trucks will be unable to turn around; they will have to back up; safety issue o snow removal is a concern o regarding STF, please invest well • Julia Rath, 370 S. Western Ms. Rath shared her concerns: o traffic (especially in Winter), limited parking o detention pond; Western and Washington streets flood; due to setback, there will be less green space for water to be absorbed o noise o trucks (garbage, fire) will need to turn around Ms. Rath concluded that she would like the property size/units reduced. • Albert Vriezekolk, 1204 Harding Mr. Vriezekolk asked if the asphalt on Western will be on the left or right. Mr. Zirk advised — on the left side; the curb line will stay the same and the West side will move back • Scott & Kailey Meyer, 317 Western Mr. & Mrs. Meyer stated (their concerns)/asked: o the proposed buildings will mask our view o would like units to be reduced o parking o if units will face Western. Mr. Zirk illustrated orientation and entrance/access points. Mrs. Meyer stated the Western/Harding entrance seems more viable o when the start date/duration of development is. Mr. Zirk advised — Fall, 2015 for 3 years Mr. Zirk responded/referred to: Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 21 o traffic study did take into account trips per unit. On Page 15-16, all intersections (besides Northwest Highway & Western) are operating at acceptable levels. o regarding garbage, trucks will not go in driveways o snow plowing was considered; plants will be salt -tolerant o parking is based on the ordinance; landscaping may supersede extra parking Commissioner Bar asked Staff how many parking spaces were approved for 106 (previously -approved) units. Mr. Mangum advised — 2 per unit; not sure about on -street parking spaces. A motion was made by Commissioner Bar, seconded by Commissioner Lane, to approve the Plat of Subdivision. AYES: Bar, Lane, Niemotka, Yi NAYES: None *** MOTION CARRIED UNANIMOUSLY *** A motion was made by Commissioner Lane, seconded by Commissioner Bar, to recommend approval for the Preliminary PUD with conditions (and recognizing potential additional rear yard setback variations). AYES: Bar, Lane, Niemotka, Yi NAYES: None *** MOTION CARRIED UNANIMOUSLY *** 4. Address: Citywide Case Number: 15 -006 -TA Petitioner: Bill Pryzbylski for Outfront Media, 1233 W. Monroe Street, Chicago, IL 60607 Owner: William and Anthony Slivka, 2211 S. Mount Prospect Road, Des Plaines, IL 60018 Petitioner is requesting a Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, to Section 11.10 of Article 11 (Signs), to authorize relocation of nonconforming Billboard signs in the event of condemnation by a governmental authority. Chairman Niemotka swore in Robert C. Kenny, Attorney, Schain Banks Kenny & Schwartz Ltd., 70 W. Madison, Suite 5300, Chicago, IL 60602, Bill Przybylski, Mitch Matson, & Sharon Baranyi, Outfront Media, 1233 W. Monroe Street, Chicago, IL 60607. Mr. Kenny stated Petitioner is seeking a Text Amendment for billboards. He noted as the tollway pavement is being increased, 3 signs need to be relocated. No variations are sought. The Text Amendment would be in concert with the Comprehensive Plan. Mr. Kenny advised 2 signs are embedded in the industrial districts, and the other sign is in a commercial district. None are located near key entry points to the City. Traffic routes are noted (in the Comprehensive Plan) through the City. He noted these signs have existed in their spots for 30 years. Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 22 Mr. Kenny stated that the billboard structures allow for businesses to advertise. Existing structures are adequate. The new billboards will not have adverse effects on property values. The signs will come off of railroad property and moved to private property. He advised that nothing is being added to the signs — just relocation. Mr. Kenny stated the tollway is being widened so this mandates the signs to be relocated. A letter (from IDOT) was presented to Chairman Niemotka. Mr. Weiss, General Counsel, illustrated the current code and new language (as presented). Chairman Niemotka asked if Commissioners have any questions. Commissioner Bar raised (the issue of)/asked: • the 500 ft. notation. Mr. Kenny stated they are limited and require a State of IL permit; location is limited by existing signs. Some signs are being moved 300 ft. The sign will stay close to the tollway but further down; a lateral distance. • if the sign will be reconstructed. Mr. Przybylski advised — the signs will be reconstructed to the current standards of the Building Code; brand new signs Chairman Niemotka asked if the sign will have advertising for Des Plaines businesses. Mr. Kenny stated that local advertisers are allowed to use it. Mr. Kenny illustrated the placement of signs. Mr. Matson provided a history of toll and easement agreements. He noted that signs are currently 5 ft. from the railroad property line. Commissioner Bar asked if this is a single, non -video advertisement. Mr. Matson advised — there's an advertisement per side, non -video. Commissioner Lane asked where the third sign is. Mr. Matson illustrated the Southeast quadrant of I-90 & Mannheim Road. Chairman Niemotka asked if Commissioners have further questions. There were none. Chairman Niemotka asked Mr. Mangum to provide the staff report. Issue: The petitioner is requesting a Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, to Section 11.10 of Article 11 (Signs), to authorize relocation of nonconforming Billboard signs in the event of condemnation by a governmental authority. Analysis: Petitioner: Petitioner: Text Amendment Report Bill Pryzbylski for Outfront Media, 1233 W. Monroe Street, Chicago, IL 60607 William and Anthony Slivka, 2211 S. Mount Prospect Road, Des Plaines, IL 60018 Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 23 Address: Case Number: Background Information Citywide 15 -006 -TA The applicant is requesting the text amendment in order to allow the relocation of nonconforming Billboard signs in the event of condemnation by a governmental authority. There are a number of nonconforming Billboard signs within the City. Most are located adjacent to the I-90, Jane Addams Memorial, and I-294, Tri-State Tollways. The Illinois Tollway Authority is in the process of rebuilding and widening I-90. The applicant states that two existing Billboards, located just north and south of I-90 within the Union Pacific Railroad Right -of -Way eat of Mount Prospect Road, must be removed to allow for the roadway expansion. The City's current regulations do not allow the relocation of nonconforming signs (Section 11.10-3). The proposed text amendment would amend Section 11.10 to allow the relocation of nonconforming Billboard signs within 500 -feet of the location of the original Billboard sign per the proposed Text Amendment language contained in Attachment 2. According to staff with the Illinois Tollway Authority, one additional existing Billboard, south of I-90 and east of Mannheim Road, would also be impacted by the construction proj ect. To properly evaluate the text amendment request, the standards below, which are contained in Section 3.7-5 of the Zoning Ordinance, must be employed. Following is a discussion of those standards: A. Whether the proposed amendments are consistent with the goals, objectives and policies contained in the Comprehensive Plan: Comment: The City of Des Plaines Comprehensive Plan, adopted by the City Council in 2007, does not specifically address the proposed changes in detail. However, Urban Design goals of the Comprehensive plan include enhancing the appearance of neighborhood commercial areas and key community entry points and traffic routes. The proposed amendment would allow for the replacement of existing nonconforming Billboards, instead of the removal of signs that may not enhance the visual appeal of the area. B. Whether the proposed amendments are compatible with the current conditions and the overall character of existing developments in the immediate area: Comment: Billboards are common along the I-90 and I-294 Tollways within the City limits. The proposed amendments would allow existing Billboards to be relocated in close proximity under certain circumstances. However, the amendment would remove the opportunity for certain nonconforming Billboards to be eliminated. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendment to allow the relocation of nonconforming Billboard signs in some circumstances should not have a direct effect on public facilities or services. Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 24 D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The proposed amendment would allow for the replacement of existing nonconforming Billboards, instead of the removal of the signs. The relocation of Billboards would likely have a positive impact on the value of the specific properties where the signs are located, but would have the potential to detract from the appearance of other adjacent properties. Typically, Billboard signs advertise a variety of products and services, which may or may not be located within the City limits. E. Whether the proposed amendments reflects responsible standards for development and growth: Comment: This zoning text amendment does not appear to conflict with the City's Comprehensive Plan, the official policy guide to future land use, development, and conservation with the community. Therefore, the proposed text amendment would not appear to be in conflict with responsible standards for development and growth. The proposed change would not be anticipated to generate a significant amount of development and growth in the City. Recommendation: Based on the above analysis, the Community and Economic Development Department recommends consideration of the requested text amendment regarding the relocation of Billboard signs. The proposed text amendment would not directly result in a net increase in the number of Billboard signs, however, it would prevent the reduction in the number of Billboard signs within the City. Plan Commission Procedure: Under Section 3.7-4 of the Zoning Ordinance (Amendments) the Plan Commission may vote to recommend approval, approval with modifications, or disapproval. The City Council has the final authority on Amendments to the Zoning Ordinance. Mr. Weiss, General Counsel, commented on moving signs within 500 ft.; must comply with other requirements of Zoning Ordinance including signs cannot be within 300 ft. of a residential site. Chairman Niemotka asked if there are any audience comments. There were none. Chairman Niem otka asked if Commissioners have further comments. Commissioner Bar verified if the sign is being reconstructed, not relocated. Mr. Kenny advised — correct. Commissioner Lane asked how many signs like this are affected. Mr. Mangum advised — just these 3 signs are affected currently, per the widening of IDOT project. Mr. Kenny stated the pavement is being widened by IDOT in the right-of-way; a unique situation. Mr. Matson noted that 2 significant changes to the building code address updated materials. A motion was made by Commissioner Bar, seconded by Commissioner Yi, to approve as presented. AYES: Bar, Lane, Niemotka, Yi NAYES: None *** MOTION CARRIED UNANIMOUSLY *** Case #14 -072 -TA -Zoning Ordinance Text Amendment -Citywide Case #14 -071 -MAP -Zoning Ordinance MAP Amendment -2200, 2250, 2300, 2350-2360, 2400 Devon Avenue Case #15 -007 -PUD -SUB Planned Unit Development and Tentative Subdivision Plat -300 Western Avenue Case #15 -006 -TA -Zoning Ordinance Text Amendment -Citywide February 23, 2015 Page 25 ADJOURNMENT A motion was made by Commissioner Yi, seconded by Commissioner Perez, to adjourn at 7:47 p.m. AYES: Bar, Lane, Niemotka, Yi NAYES: None *** MOTION CARRIED UNANIMOUSLY *** Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Plan Commission