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03/10/2014Case #14 -008 -TA Text Amendments to the City of Des Plaines 1998 Zoning Ordinance Ivlarch 10, 2014 Page 1 DES PLAINES PLAN COMMISSION MEETING MARCH 10, 2014 MINUTES The Des Plaines Plan Commission Meeting held its regularly scheduled meeting on Monday, March 10, 2014 at 7 p.m., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMMISSION PRESENT: Bar, Niemotka, Perez, Yi ABSENT Lane ALSO PRESENT Scott Mangum, Senior Planner/Community & Economic Development Gale Cerabona, Recording Secretary Chainnan Niemotka called the meeting to order at 7 p.m. Roll call was conducted. APPROVAL OF MINUTES: A motion was made by Commissioner Yi, seconded by Commissioner Niemotka, to approve the meeting minutes of February 24, 2014, as presented. AYES: Niemotka, Yi NAYES: None ABSTAIN: Bar, Perez *** MOTION CARRIED UNANIMOUSLY (2-0) ,:,:* NEW BUSINESS Chainnan Niemotka read this evening's case. 1. Address: Citywide Case Number: 14 -008 -TA This is a City -initiated petition for Text Amendments to the City of Des Plaines 1998 Zoning Ordinance, as amended, concerning the architectural/design review processes. The proposed amendments include additions and/or revisions to Article 2, Legislative and Administrative Authority, and Article 3, Development Review Procedures. Petitioner: City of Des Plaines, Community and Economic Development Department, 1420 Miner Street, Des Plaines, IL 60016 Case #14 -008 -TA Text Amendments to the City of Des Plaines 1998 Zoning Ordinance March 10, 2014 Page 2 Issue: This is a City -initiated petition for Text Amendments to the City of Des Plaines 1998 Zoning Ordinance, as amended, concerning the architectural/design review processes. The proposed amendments include additions and/or revisions to Article 2, Legislative and Administrative Authority, and Article 3, Development Review Procedures. Analysis: Text Amendment Report Petitioner: City of Des Plaines, Community and Economic Development Department, 1420 Miner Street, Des Plaines, IL 60016 Address: Case Number: Background Information Citywide 14 -008 -TA The City of Des Plaines Architectural Commission was established in 1974 via the City Code. The five - member Commission is made up of three licensed architects, one licensed landscape architect or contractor, and one member with expertise in either land -use planning, building design, landscape design, forestry or horticulture. The Commission currently has two vacancies and has had several meetings cancelled due to lack of quorum (3 commissioners required). The Commission also operates without any set standards or design review guidelines. The proposed Text Amendment would eliminate the Architectural Commission and authorize the Zoning Administrator (Director of Community and Economic Development) to establish a three-member Staff Design Review Committee to review building design. Basic building design standards are proposed (Table 3.11-1) relating to building entrance location, facade transparency, and facade materials. These standards were pulled from more extensive regulations included in the Draft Unified Development Ordinance. This form -based zoning document creates a more thorough urban design process by establishing existing and desired building types which can be located within more fine-grained zoning districts. These building types each have associated design elements such as a floor -to floor heights, roof slope, setbacks and build -to zones, and base and cap types with corresponding design standards designed to ensure compatibility with existing building types within neighborhoods and commercial areas. To properly evaluate the text amendment requests, 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, generally does not address these changes in detail. However, the Comprehensive Plan does include goals and objectives relating to urban design. While eliminating the Architectural Commission would result in a loss of architectural expertise in the design review process, the proposed staff review process with standards should introduce more predictability into the process. B. Whether the proposed amendments are compatible with the current conditions and the overall character of existing developments in the immediate area: Case #14 -008 -TA Text Amendments to the City of Des Plaines 1998 Zoning Ordinance March 10, 2014 Page 3 Comment: The proposed amendments to the Zoning Ordinance are intended to balance building improvements on individual properties with the design and character of development in the City. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendments are not anticipated to have a significant effect on public facilities or services. D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The proposed amendments would regulate on-site improvements and should not have an adverse effect on the value of properties. E. Whether the proposed amendments reflects responsible standards for development and growth: Comment: This zoning text amendments do not appear to directly conflict with the City's Comprehensive Plan, the official policy guide to future land use, development, and conservation within the community. Therefore, the proposed text amendments would not appear to be in conflict with responsible standards for development and growth. Recommendation: Based on the above analysis, the Community and Economic Development Department recommends approval of proposed text amendments. 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. Attachments: Attachment 1: Existing Sections from the City of Des Plaines City Code Attachment 2: Proposed Text Amendments to the Zoning Ordinance Attachment 3: Proposed Table 3-11-1 Building Design Standards Mr. Mangum reiterated the Committee would be selected by the Director of Community and Economic Development and currently comprised of: • Senior Planner • Building & Plans Review Inspector • Inspector with architectural training Table 3.11-1 Building Design Standards was reviewed. Chairman Niemotka asked if Commissioners have any questions. Commissioner Bar asked: • is this a recommendation for design? How specific will this committee get? Mr. Mangum advised this is not intended to dictate design. More compatibility in context of the neighborhood is sought. Case #14 -008 -TA Text Amendments to the City of Des Plaines 1998 Zoning Ordinance March 10, 2014 Page 4 • can you hold the petitioner to it? Mr. Mangum advised — we are looking to start at the Staff level, based on the standards. If denied, it could be appealed to the Zoning Board of Appeals. Commissioner Yi asked/stated: • aren't there some national building codes we can adopt? Staff advised — the 2006 Building Code has been adopted/used; the 2012 International Building Code will soon be adopted. • there is not much building in the city? Mr. Mangum advised — the existing Architectural Commission is in place, however, obtaining a quorum of three members has been difficult with the two vacancies on the commission. For example, Wal -Mart's petition was pushed back due to the Commission not having a quorum. Commissioner Perez asked: • couldn't we utilize local architects? Chairman Niemotka advised — if they will volunteer Commissioner Yi stated/asked: • he believes one of the members should be a licensed architect. Chairman Niemotka concurred. • are we able to make these decisions? Mr. Mangum advised — the Plan Commission would make a recommendation to City Council. Chairman Niemotka stated more input (to the City) would also be helpful. Chairman Niemotka asked if there are any further questions. There were none. A motion was made by Commissioner Yi, seconded by Commissioner Perez, to approve the text amendment, with the condition that a licensed architect be a member of the new Committee. AYES: Bar, Niemotka, Perez, Yi NAYES: None * * * MOTION CARRIED UNANIMOUSLY (4-0) ADJOURNMENT A motion was made by Commissioner Bar, seconded by Commissioner Perez, to adjourn the meeting at 7:23 p.m. AYES: Bar, Niemotka, Perez, Yi NAYES: None * * * MOTION CARRIED UNANIMOUSLY (4-0) * * * Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Plan Commission Case #14 -007 -MAP -Amendment to the Official Des Plaines Zoning Map Case #14 -010 -TA -Text Amendment to Table 7.3.1, Commercial Districts Use Matrix, of the City of Des Plaines 1998 Zoning Ordinance March 31, 2014 Page 1 DES PLAINES PLAN COMMISSION NIEFTING MARCH 31, 2014 MINUTES The Des Plaines Plan Commission Meeting held its regularly scheduled meeting on Monday, March 31, 2014, at 7 p.m., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMMISSION PRESENT: Lane, Niemotka, Perez ABSENT: Bar, Yi ALSO PRESENT: George Sakas, AICP, Director/Community & Economic Development Scott Mangum, Senior Planner/Community & Economic Development Gale Cerabona, Recording Secretary Chairman Niemotka called the meeting to order at 6:59 p.m. Roll call was conducted. APPROVAL OF MINUTES: A motion was made by Conunissioner Perez, seconded by Conunissioner Lane, to approve the meeting minutes of March 10, 2014, as presented. AYES: Perez, Lane, Niemotka NAYES: None ..,:,: MOTION CARRIED UNANIIM'IOUSLY (3-0) ,'' ' NEW BUSINESS Chairman Niemotka react this evening's cases. 1. Address: 911 E. Tou by Avenue Case Number: 14-007-NL&P Petitioner: Speedway LLC - Michael Berman, 5000 W. 86th Street, Indianapolis, IN 46268 Owner: Speedway LLC, 500 Speedway Drive, Enon, OH, 45323 Case #14 -007 -MAP -Amendment to the Official Des Plaines Zoning Map Case #14 -010 -TA -Text Amendment to Table 7.3.1, Commercial Districts Use Matrix, of the City of Des Plaines 1998 Zoning Ordinance March 31, 2014 Page 2 Petitioner is requesting an Amendment to the Official Des Plaines Zoning Map, as amended, to reclassify the property from the C-2 Limited Office Commercial Zoning District to the C-3, General Commercial Zoning District. On the following described property: Parcel 3: Lot 5 in the O'Hare Northwest Office Park Subdivision in the Northwest Quarter of Section 32, Township 41 North, Range 12 East of the Third Principal Meridian, in Cook County, Illinois. Petitioner, Christian Kalischefski, AIA, LEED AP, President, Corporate Design & Development Group, LLC, 2675 Pratum Avenue, Hoffman Estates, IL, presented this existing Speedway facility: • Pumps • Existing building • Intention is to rezone C-2 at current acreage to C-3 at 1.39 acres; this would offer a more functional layout • Will be reorienting the building at auto canopy to an east -west location • Diesel fuel will be a separate canopy; currently blocking auto customers Chairman Niemotka asked if Commissioners have any questions. Commissioner Lane asked: • regarding new configuration, would trucks traverse all the way around the property then exit? Petitioner advised — yes, autos are kept in front of the building and trucks are in the rear. • can one make left turns or right turns only? Petitioner advised — right turns only from the easternmost curb cut; a traffic study is being reviewed with IDOT. Chairman Niemotka: • doubts if IDOT will allow 50 ft. driveways • was appalled, regarding the public right-of-way, due to debris, cans. Does anyone ever clean? Petitioner advised — the intent is to upgrade the image. Chairman Niemotka asked if the audience had any questions: • Patrick J. Devereaux, Senior Vice President, O'Hare Offices, 999 E. Touhy, Suite 500, Des Plaines, IL stated he sees the potential however there are three concerns: o Additional Trucks going eastbound o Pedestrian traffic across Touhy; would like to see an overpass o Aesthetics, screening, fencing material regarding trucks; screening of tall trees Chairman Niemotka asked: • Regarding the northeast corner, there is an existing driveway. Is this amenable? Petitioner advised — right now there is a cross -easement agreement; water flows into corner and drains into IDOT's drainage area; will create one solid curb. Case #14 -007 -MAP -Amendment to the Official Des Plaines Zoning Map Case #14 -010 -TA -Text Amendment to Table 7.3.1, Commercial Districts Use Matrix, of the City of Des Plaines 1998 Zoning Ordinance March 31, 2014 Page 3 Commissioner Lane asked: • if this is a detention area. Petitioner advised — no, it is a catch basin area; flow will not be impeded. Audience member, Patrick Devereaux stated that drainage was discussed with Speedway management recently, and he hopes this works out. Chairman Niemotka stated: • there is a crosswalk at the corner. Audience member, Patrick Devereaux, advised that individuals can cross at the corner (or not). Commissioner Perez agreed there is a lot of pedestrian & car traffic. Commissioner Lane voiced two concerns: • this area has an unkempt nature • traffic & pedestrian crossing Petitioner replied — safety & convenience is of utmost importance to Speedway. Traffic studies are being conducted; collaboration is happening with City Engineers & IDOT. Commissioner Perez stated traffic on Touhy often affects traffic up to Howard. Chairman Niemotka asked if there were any further questions. There were none. Chairman Niemotka asked Staff to summarize the petition. Petitioner: Speedway LLC — Michael Berman, 5000 W. 86th Street, Indianapolis, IN 46268 Issue: Analysis: Petitioner Owner Case Number Address Real Estate Index Number Petitioner is requesting an Amendment to the Official Des Plaines Zoning Map, as amended, to reclassify the property from the C-2 Limited Office Commercial Zoning District to the C-3, General Commercial Zoning District. In analyzing this request, the staff considered the following information: General Information Speedway LLC — Michael Berman, 5000 W. 86th Street, Indianapolis, IN 46268 Speedway LLC, 500 Speedway Drive, Enon, OH, 45323 14 -007 -MAP 911 E. Touhy Avenue 09-32-101-018-0000 Existing Zoning C-2, Limited Office Existing Land Use Vacant Building Case #14 -007 -MAP -Amendment to the Official Des Plaines Zoning Map Case #14 -010 -TA -Text Amendment to Table 7.3.1, Commercial Districts Use Matrix, of the City of Des Plaines 1998 Zoning Ordinance March 31, 2014 Page 4 Surrounding Zoning North: R-1, Single -Family Residential South: I-90, Jane Addams Tollway East: C-2, Limited Office Commercial West: C-3, General Commercial Surrounding Land Use North: Single -Family Residential South: I-90, Jane Addams Tollway East: Office Park West: Convenience Mart Fueling Station Street Classification Touhy Avenue is identified as an arterial street in the 2007 Comprehensive Plan Office is the recommended use of the property. Speedway has requested that the subject property, located on a 29,994 square -foot parcel at 911 E. Touhy Avenue, be reclassified from the C-2, Limited Office Commercial Zoning District to the C-3, General Commercial District. Speedway currently operates a Convenience Mart Fueling Station on the adjacent parcel to the west and has plans to demolish and rebuild a new Convenience Mart Fueling Station using both properties. The use is a conditional use in the C-3 Zoning District, but not permitted in the C-2 District. If the property were reclassified, the conditional use process would address specific development issues such as parking and traffic circulation before the redevelopment could occur. 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 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 an Office use for this site, with Community Commercial recommended for the existing fueling station site. 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 south side of Touhy Avenue include commercial uses. An office park is located to the east, while the existing fueling station is adjacent to the west. C. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to the subject property. 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. Any specific traffic related issues would be addressed through the Conditional Use process. Case #14 -007 -MAP -Amendment to the Official Des Plaines Zoning Map Case #14 -010 -TA -Text Amendment to Table 7.3.1, Commercial Districts Use Matrix, of the City of Des Plaines 1998 Zoning Ordinance March 31, 2014 Page 5 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 expand the footprint of the adjoining use to the west. A larger site may improve circulation for this use. The redeveloped use is not anticipated to have an adverse effect on surrounding properties. E. Whether the proposed amendment reflects responsible standards for development and growth. The proposed map amendment to reclassify the properties to C-3, General Commercial could reflect responsible standards for development and growth based on the existing use of the adjacent site to the east. 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. A motion was made by Commissioner Perez, seconded by Commissioner Lane, to recommend approval of the rezoning to C-3. AYES: Perez, Lane, Niemotka NAYES: None * * * MOTION CARRIED UNANIMOUSLY (3-0) 2. Address: Citywide Case Number:14-010-TA Petitioner: PT JN Enterprises, Inc., 1315 E. Brookwood Drive, Arlington Heights, IL 60004 Owner: 1649 Oakton Place LLC, 1649 Oakton Place, Des Plaines, IL 60018 Petitioner is requesting a Text Amendment to Table 7.3.1, Commercial Districts Use Matrix, of the City of Des Plaines 1998 Zoning Ordinance, as amended, to add Food Processing as a Conditional Use in the C-3, General Commercial Zoning District. Petitioner, Joseph Perotti, is interested in the facility at 1649 Oakton Place because of the equipment, refrigeration, drainage, etc. The intention is to boil chickens & vegetables (to make meatballs; all natural). The product is then frozen and shipped. Chairman Niemotka remembers this facility being a fish processing center. Commissioner Lane asked Staff if this is something for the M-1 District. Mr. Mangum advised — there is currently no specific definition for food processing in the Zoning Ordinance, but proposed uses would be evaluated in reference to the light and heavy manufacturing definitions The proposed amendments would Case #14 -007 -MAP -Amendment to the Official Des Plaines Zoning Map Case #14 -010 -TA -Text Amendment to Table 7.3.1, Commercial Districts Use Matrix, of the City of Des Plaines 1998 Zoning Ordinance March 31, 2014 Page 6 provide a specifc definition for food processing and include the use in the Commercial and Manufacturing Use Matrices. Chairman Niemotka asked Staff to summarize the petition. Issue: The petitioner is requesting a Text Amendment to Table 7.3.1, Commercial Districts Use Matrix, of the City of Des Plaines 1998 Zoning Ordinance, as amended, to add Food Processing as a Conditional Use in the C-3, General Commercial Zoning District. Analysis: Text Amendment Report Petitioner: PTJN Enterprises, Inc., 1315 E. Brookwood Drive, Arlington Heights, IL 60004 Owner: 1649 Oakton Place LLC, 1649 Oakton Place, Des Plaines, IL 60018 Address: Citywide Case Number: 14 -010 -TA Background Information Applicant is requesting the text amendment in order to allow Food Processing Establishments as a conditional use within C-3, General Commercial zoned areas of the City. Specifically, the applicant is interested in operating a business that would cook, freeze, and distribute food products for pets on a limited scale. This type of use would typically be classified as a manufacturing use and found within Manufacturing Districts. The proposed text amendment would amend the Commercial Districts Use Matrix (Table 7.3.1) and by adding "Food Processing Establishment" as a Conditional Use within the C-3 District. As a part of the request, staff has proposed a definition (see Attachment 3) for a Food Processing Establishment and proposed a change to the Manufacturing Districts Use Matrix (Table 7.4.1) so that the use would also be classified as a Permitted Use in the M-2, General Manufacturing District, and as a Conditional Use in the M-1, Limited Manufacturing District. If the amendment is approved by the City Council as proposed, any Food Processing Establishment within either the C-3 or M-1 Districts 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. However, goals of the Comprehensive plan include strengthening the City's existing commercial areas along with encouraging the concentration of industrial uses in the City's southwest area. The Food Processing use is currently considered an industrial use in the Zoning Ordinance and permitted in the Manufacturing areas which are concentrated in the southwest portion of the City. Case #14 -007 -MAP -Amendment to the Official Des Plaines Zoning Map Case #14 -010 -TA -Text Amendment to Table 7.3.1, Commercial Districts Use Matrix, of the City of Des Plaines 1998 Zoning Ordinance March 31, 2014 Page 7 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. Depending on the scale and operational characteristics, the proposed use could be considered more intensive than many commercial uses; however, these characteristics could be evaluated and conditioned on a case-by-case basis as a part of the conditional use process. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendment to allow Food Processing Establishments as a conditional use should not have a direct effect on public facilities or services. For smaller scale operations, it is not anticipated that additional public facilities or services would be required. As a conditional use, adequacy of public facilities and potential impacts such as traffic and odor could be evaluated on a case by case basis. D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The proposed amendment would allow an additional land use for properties within the C-3, General Commercial Zoning District. In some instances a more intense use with limited customer interaction may be in conflict with more traditional retail or office type of commercial development, but this could be evaluated on a case by case basis as part of the conditional use process. These characteristics would likely not have an adverse effect in industrial areas of the City. 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 approval of the requested text amendment regarding Food Processing Establishments. The C- 3, General Commercial Zoning District is most prevalent commercial district within the City. Some Food Processing Establishments could have the potential to degrade the commercial character of these areas due to the industrial nature of the business; however, these characteristics could be evaluated and conditioned on a case by case basis as a part of the conditional use process. 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. Commissioner Lane asked Petitioner if live animals are being brought to the site. Petitioner advised — No, we are purchasing chicken, cooking it, & discarding waste into a catch drain. Chairman Niemotka asked if there were any further questions. There were none. A motion was made by Commissioner Lane, seconded by Commissioner Perez, to approve the Text Amendment as presented. Case #14 -007 -MAP -Amendment to the Official Des Plaines Zoning Map Case #14 -010 -TA -Text Amendment to Table 7.3.1, Commercial Districts Use Matrix, of the City of Des Plaines 1998 Zoning Ordinance March 31, 2014 Page 8 AYES: Lane, Perez, Niemotka NAYES: None * * * MOTION CARRIED UNANIMOUSLY (3-0) ADJOURNMENT A motion was made by Commissioner Lane, seconded by Commissioner Perez, to adjourn the meeting at 7:34 p. m. AYES: Lane, Perez, Niemotka NAYES: None Sincerely, Gale Cerabona Recording Secretary * * * MOTION CARRIED UNANIMOUSLY (3-0) * * * cc: City Officials, Aldermen, Plan Commission