01/13/2014DES PLAINES)
ILLINOIS
DES PLAINES PLAN COMMISSION
January 13, 2014
MINUTES
The Des Plaines Plan Commission held its regularly scheduled meeting on Tuesday, January 13, 2014 at 7:00 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 was Senior Planner, Scott Mangum, Department of Community and Economic Development.
Chairman Niemotka called the meeting to order at 7:01 P.M.
A motion was made by Commissioner Lane and seconded by Commissioner Yi to approve the minutes of June 10,
2013.
AYES:
NAYES:
Lane, Yi, Bar, Niemotka
None
MOTION CARRIED
NEW BUSINESS
Chairman Bar read a summary of the case up for hearing.
Case Number: 13 -062 -MAP
Address: 1225 Forest Avenue
Request: The petitioner is requesting an Amendment to the Official Des Plaines Zoning Map, as
amended, to reclassify the property from the M-1 Limited Manufacturing Zoning District to the
C-3, General Commercial Zoning District.
Petitioner: Boston Fish Market, Inc., 1225 Forest Avenue, Des Plaines, IL 60018
Chairman Niemotka swore in the following individual:
Michelle Carey, Friedman Maguire & Carey, P.C., 150 South Wacker Drive Suite 2600, Chicago, IL 60606
Ms. Carey, Attorney for the petitioner, stated that the request was a Map Amendment to reclassify the property from
Manufacturing to Commercial Zoning. In 2011 when the petitioner obtained a Conditional Use for accessory retail
operations he did not have counsel and did realize that additional approval would be required for a restaurant. Petitioner
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Case #13 -071 -TA — Citywide
Page 2
presents a completed site plan to address parking concerns. The rezoning is consistent with the Comprehensive Plan and
compatible with the surrounding commercial uses. A traffic signal has been approved by the Illinois Department of
Transportation at the intersection of Forest and Lee.
Chairman Niemotka asked if there were any questions of the Commissioners. There were none.
Chairman Niemotka asked Mr. Mangum to summarize the staff report, as follows:
Issue: The petitioner is requesting an Amendment to the Official Des Plaines Zoning Map, as amended, to reclassify the
property from the M-1 Limited Manufacturing Zoning District to the C-3, General Commercial Zoning District.
Analysis: In analyzing this request, the staff considered the following information:
General Information
Petitioner Boston Fish Market, Inc., 1225 Forest Avenue, Des Plaines, IL 60018
Owner 1225 E. Forest Avenue, LLC, 1225 Forest Avenue, Des Plaines, IL 60018
Case Number 13 -062 -MAP
Address 1225 Forest Avenue
Real Estate Index
Number
Existing Zoning
Existing Land Use
Surrounding Zoning
North:
South:
East:
West:
Surrounding Land Use
North:
South:
East:
West:
Street Classification
Comprehensive Plan
09-20-400-030-0000,09-20-400-025-0000
M-1, Limited Manufacturing
Wholesale Goods Establishment (Boston Fish Market) with Limited Accessory Retail Sales and
Restaurant
C-3, General Commercial
C-4, Regional Shopping Commercial
M-1, Limited Manufacturing
C-3, General Commercial
Commercial
Commercial
Office/Light Manufacturing
Commercial
Forest Avenue is identified as a local street in the 2007 Comprehensive Plan.
Community Commercial is the recommended use of the property.
Boston Fish Market has requested that the subject property, located on a 1.5 -acre parcel at 1225 Forest Avenue, be
reclassified from the M-1, Limited Manufacturing Zoning District to the C-3, General Commercial District. In 2011 Boston
Fish Market was granted a Conditional Use Permit to operate a Wholesale Goods Establishment with Limited Accessory
Retail Sales at 1225 Forest Avenue within the M-1 Zoning District. In addition to the wholesale and retail sales of fish
products, a restaurant has been operating at the location. Restaurants are not a permitted use in the M-1 Zoning District, but
are permitted by right within the C-3 Zoning District. The applicant has applied for the rezoning to legalize this use.
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The floor plan for the 27,739 square foot building includes warehouse and food processing areas, refrigeration and freezer
areas, as well as shipping and receiving and office areas adjacent to the interior truck dock. An additional 560 square foot
dining area is proposed in front of the retail counter. There are 50 parking spaces shown on the site plan, which exceed the
46 spaces required for the proposed uses.
A traffic study was prepared by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) in October 2010 with an addendum
to include the retail sales use completed in October 2011. The initial study concluded: that the facility was projected to
generate a very limited volume of traffic, especially during the critical morning and evening peak hours; generate less
traffic than other uses that could occupy the site; that the existing three access drives will be sufficient to ensure efficient
and orderly access with limited impact on Forest Avenue; and that the proposed facility would have a limited impact on the
operation of the Lee Street/Forest Avenue intersection. The addendum found that the low volume of additional traffic to be
generated by the retail space would have limited, if any, impact on the operation of the roadway system. The Engineering
Division has reviewed these documents and waived a requirement for a second addendum to evaluate the now operational
restaurant use.
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. The 225 -foot by approximately 300 -foot (67,385 square
foot) lot at 1225 E. Forest Avenue is currently nonconforming with regards to lot size, as the minimum M-1 lot size for a
new subdivision is 5 acres. Two portions of the front facade also protrude into the required 60 -foot front yard setback in the
M-1 District. However, the existing building appears to meet all C-3 bulk regulations relating to building setbacks and
height and there is no minimum lot size requirement.
Standards for a Zoning Map 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 Community Commercial uses for this area. A wholesale
goods establishment is a conditional use in the C-3 Zoning District and a restaurant use is permitted by right.
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 around the facility primarily include commercial uses. The wholesale, restaurant, and retail uses are
compatible with the surrounding commercial area.
C. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services
available to the subject property.
The Illinois Department of Transportation has approved a warrant study and has indicated that it will allow the installation
of a traffic signal at the intersection of Lee Street and Forest Avenue. The City has budgeted funding for Phase I
engineering in 2014. The public facilities and the public services provided by the City of Des Plaines are expected to be
adequate. If the zoning amendment is approved, no additional expansion of public facilities or services is anticipated.
D. Whether the proposed amendment will have an adverse effect on the value of properties throughout the
jurisdiction.
The proposed use of the site would remain wholesale, retail, and restaurant uses which are similar to the surrounding
commercial uses in the area and are not anticipated to have an adverse effect on surrounding properties.
E. Whether the proposed amendment reflects responsible standards for development and growth.
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The proposed map amendment to reclassify the properties to C-3, General Commercial could reflect responsible standards
for development and growth based on the proposed future land use of the area as Community Commercial. Current
conditions in the area also reflect significant existing commercial development.
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-3, General Commercial.
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 the final authority on the proposal.
Commissioner Yi asked if the location was affiliated with a nation chain. The petitioner indicated that they were not.
Chairman Niemotka asked for a motion by the Board.
A motion was made by Commissioner Bar seconded by Commissioner Yi to recommend approval of the Map
Amendment from M-1 to C-3 to the City Council.
AYES:
NAYES:
Bar, Yi, Lane, Niemotka
None
MOTION CARRIED
Chairman Niemotka read a summary of the case up for hearing.
Case Number: 13 -071 -TA
Address: Citywide
Request: This is a City -initiated petition for Text Amendments to the City of Des Plaines 1998 Zoning
Ordinance, as amended, concerning a number of consumer lending uses, including but not
limited to Financial Institutions, Payday Loan Businesses or Agencies, Consumer Installment
Lenders, Short -Term Lenders, Auto Title Lenders, Money Transmittal Services, Currency
Exchanges, and Check Cashing establishments as permitted, conditional and/or prohibited uses
within Commercial Districts (C-1, C-2, C-3, C-4, C-5, and C-6). The proposed amendments
include a revision to the Commercial District Use Matrix located in Table 7.3.1 of the Zoning
Ordinance and involve the addition, deletion, and modification of related uses in the affected
districts. Associated amendments to certain Specific Use Regulations in Article 8 and use
definitions in Article 13 are also proposed.
Petitioner: City of Des Plaines, Community and Economic Development Department, 1420 Miner Street,
Des Plaines, IL 60016
Chairman Niemotka asked Mr. Mangum to summarize the staff report, as follows:
Issue: This is a City -initiated petition for Text Amendments to the City of Des Plaines 1998 Zoning Ordinance, as
amended, concerning a number of consumer lending uses, including but not limited to Financial Institutions, Payday Loan
Businesses or Agencies, Consumer Installment Lenders, Short -Term Lenders, Auto Title Lenders, Money Transmittal
Services, Currency Exchanges, and Check Cashing establishments as permitted, conditional and/or prohibited uses within
Commercial Districts (C-1, C-2, C-3, C-4, C-5, and C-6). The proposed amendments include a revision to the Commercial
Case #13 -062 -MAP — 1225 Forest Ave
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District Use Matrix located in Table 7.3.1 of the Zoning Ordinance and involve the addition, deletion, and modification of
related uses in the affected districts. Associated amendments to certain Specific Use Regulations in Article 8 and use
definitions in Article 13 are also proposed.
Analysis:
Text Amendment Renort
Petitioner: City of Des Plaines, Community and Economic Development Department, 1420 Miner
Street, Des Plaines, IL 60016
Citywide
13 -071 -TA
Address:
Case Number:
Background Information
The City of Des Plaines, as applicant, is requesting the text amendment in order to clarify a number of uses relating to
consumer lenders. As background, in the Spring of 2013 an auto title loan operation applied for a Business Regulation
Certificate at a location within the C-3, General Commercial Zoning District. The Zoning Administrator determined that
the use did not fall within either the Financial Institutions or Payday Loan use definitions and therefore was not a permitted
use. The petitioner was informed that a Text Amendment could be requested to change the Zoning Ordinance. The
petitioner appealed the Zoning Administrator's determination, which was affirmed by the Zoning Board of Appeals. The
applicant has since filed for Administrative Review with the Cook County Circuit Court, Chancery Division. The City has
proposed this Text Amendment in an attempt to settle the case and provide clarity in the Zoning Ordinance.
The Commercial District Use Matrix (Table 7.3.1 of the Zoning Ordinance) lists the permitted and conditional uses in each
of the Commercial Zoning Districts. Currently, Financial Institutions, Currency Exchange, and Payday Loan Business of
Agencies are listed and the following definitions are provided in Section 13.3 (Definitions) of the Zoning Ordinance.
Financial Institution
A building, property or activity, the principal use or purpose of which is the provision
of financial services, including, but not limited to, banks, credit unions, savings and
loan institutions, and mortgage companies. "Financial Institution" shall not include any
use or other type of institution that is otherwise listed specifically in a zoning district as
a permitted conditional use.
Payday Loan Business or Agencies An establishment that engages in the business of offering payday loans. A "payday
loan" is a loan transaction where a post-dated check or other check that the parties
agree will be held for a period of time before presentment for payment or deposit is
accepted as collateral for the loan. Ord. Z-21-05
In reviewing the Commercial District Use Matrix and Definitions staff has found that there are a number of Consumer
Lender uses that do not clearly fall within either the somewhat broad Financial Institution definition or the Payday Loan
definition that specifies a check as collateral. Additionally, there is no definition for Currency Exchanges, but many of the
functions are similar to Consumer Lenders.
As a result, the following changes are proposed to the Zoning Ordinance (see Attachment 1):
• Article 7, Districts: Deletion of Currency Exchange and Payday Loan Business or Agencies in all Commercial
Districts and addition of Consumer Lender as a Conditional Use in the C-3, General Commercial Zoning District.
• Article 8, Accessory, Temporary, and Specific Use Regulations: Legalization of existing Consumer Lenders
within C-3 Zoning District; Legalization of consumer lenders that have applied for a Zoning Certificate in the C-3
Zoning District within the past year; Addition of performance standards concerning hours of operation,
appearance, and security for all existing and new Consumer Lenders. The Police Department has reviewed the
performance standards.
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• Article 13, Definitions: Deletion of the definition for Payday Loan Business or Agencies and addition of a
definition for Consumer L ender.
If the amendment is approved by the City Council as proposed, any new Consumer Lender would be required to apply for a
Conditional Use Permit that would be considered on a case-by-case basis with the ability to attach conditions to mitigate
potential impacts.
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 use.
B. Whether the proposed amendments are compatible with the current conditions and the overall character of
existing developments in the immediate area:
Comment: The Zoning Ordinance states that the purpose of the C-3 General Commercial District is to accommodate a
variety of businesses in locations to serve the community of Des Plaines. The proposed use can be considered commercial
in nature, but also operates differently than a typical retail business.
C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to
the property:
Comment: The proposed amendment relating to Consumer Lenders as a conditional use should not have a direct affect on
public facilities or services. As a conditional use, adequacy of public facilities and potential impacts could be evaluated on
a case by case basis. Additionally, the proposed performance standards relating to security measures may reduce the
reliance on public services.
D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the
jurisdiction:
Comment: The proposed amendment would clarify and establish performance standards for the Consumer Lender land use
category for properties within the C-3, General Commercial Zoning District. This is not expected to have an adverse effect
on properties as a whole, particularly with the ability to place conditions on operations through the Conditional Use Permit
process.
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 is not 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
approval of the requested text amendment regarding Consumer Lenders.
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.
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Commissioner Bar asked about the interest rates charged. Mr. Mangum indicated that they are typically significantly higher
than traditional bank loans, but are regulated by the State.
Commissioner Lane asked whether Pawn Shops were included in the amendment. Mr. Mangum stated that they were not.
A previous applicant had proposed a Text Amendment to allow Pawn Shops, but that request was not approved by the City
Council.
Chairman Niemotka asked about location such as K -Mart that wire money. Mr. Mangum stated that those locations would
not be included in the Consumer Lender definition because they were not regulated under the State Acts within the
definition.
Commissioner Lane asked whether Gold Buying businesses were included in the amendment. Mr. Mangum stated that they
were not. They are not regulated under the State Acts within the definition of Consumer Lenders and operate differently in
that they do not typically lend money.
Commissioner Bar expressed concerns with the potential concentration of consumer lender uses and the impact on the
image of the City.
Commissioner Lane stated that there was likely a need for these types of businesses and indicated that pawn shops are a
part of the informal banking system in some areas.
Chairman Niemotka asked for a motion by the Board.
A motion was made by Commissioner Lane and seconded by Chairman Niemotka to recommend approval of the
Text Amendments relating to Consumer Lenders to the City Council.
AYES:
NAYES:
Lane, Niemotka, Yi
Bar
MOTION CARRIED
The meeting was adjourned at 7:27 p.m. by unanimous voice vote.
Sincerely,
Robert Niemotka, Chairman
Des Plaines Plan Commission
cc: City Officials
Alderm en
Plan Commission
Petitioner