08/25/2014Case #14 -049 -SUB -Tentative Plat of Subdivision -90 Rawls Road
Case #14 -052 -TA -Zoning Ordinance Text Amendment
August 25, 2014
Page 1
DES PLAINES PLAN COMNIISSION MEETING
AUGUST 25, 2014
MINUTES
The Des Plaines Plan Commission Meeting held its regularly scheduled meeting on Monday, August 25, 2014, at
7 p.m., in Room 102, City Council Chambers, of the Des Plaines Civic Center.
PLAN COMMISSION
PRESENT: Lane, Niemotka, Yi
ABSENT: Bar, Perez
ALSO PRESENT. Scott Mangum, Senior Planner/Community & Economic Development
Gale Cerabona, Recording Secretary
Chairman Niemotka called the meeting to order at 7:02 p.m. Roll call was conducted.
APPROVAL OF MINUTES:
A motion was made by Commissioner Lane, seconded by Conunissioner Yi, to approve the meeting minutes
of June 30, 2014, as presented.
AYES: Lane, Niemotka, Yi
NAYES: None
• ** MOTION CARRIED UNANIMOUSLY ***
NEW BUSINESS
Chairman Nieinotl:a react this evening's cases.
1. Address: 90 Rawls Road Case Number: 14049 -SUB
Petitioner: Rawls Road Properties, LLC, 701 W. Erie Street, Chicago, IL 60654
Owner: Rawls Road Properties, LLC, 701 W. Erie Street, Chicago, IL 60654
Petitioner is requesting a Tentative Plat of Subdivision for the 90 Rawls Road Subdivision to create two
lots (approximately 220' x 224' and 70' x 225').
Case #14 -049 -SUB -Tentative Plat of Subdivision -90 Rawls Road
Case #14 -052 -TA -Zoning Ordinance Text Amendment
August 25, 2014
Page 2
Chairman Niemotka swore in petitioner, David Sachs, Rawls Road Properties, LLC, 701 W. Erie Street,
Chicago, IL 60654 who advised that he wishes to subdivide into two separate lots with no other changes.
Chairman Niemotka asked if the lot will be rented. Mr. Sachs advised it is anticipated the building will be
sold.
Chairman Niemotka asked the Board if there are any questions. There were none.
Chairman Niemotka asked if sidewalk improvements are planned. Mr. Sachs described that there is an
ongoing parking lot and sidewalk improvement project along with several other owned properties, & stated
it will still be fixed.
Chairman Niemotka asked the audience if anyone is in favor or objects. No one responded.
Chairman Niemotka asked Staff to summarize the report.
Issue: Petitioner is requesting a Tentative Plat of Subdivision for the 90 Rawls Road Subdivision to
create two lots (approximately 220' x 224' and 70' x 225').
Analysis:
Petitioner
Owner
Case Number
Address
Name of Subdivision
Real Estate Index Numbers
Project Description
Existing Zoning
Existing Land Use
Surrounding Zoning
Surrounding Land Use
Tentative Plat Report
Rawls Road Properties, LLC, 701 W. Erie Street, Chicago, IL 60654
Rawls Road Properties, LLC, 701 W. Erie Street, Chicago, IL 60654
14 -049 -SUB
90 Rawls Road
90 Rawls Road Subdivision
09-19-301-022-0000
The applicant proposes a Two Lot Subdivision to create lots of
approximately 220' x 224' and 70' x 225'.
M-2, General Manufacturing
Manufacturing
North: M-2, General Manufacturing
South: M-2, General Manufacturing
East: M-2, General Manufacturing
West: M-2, General Manufacturing
North: Industrial
South: Industrial
East: Industrial
West: Industrial
Case #14 -049 -SUB -Tentative Plat of Subdivision -90 Rawls Road
Case #14 -052 -TA -Zoning Ordinance Text Amendment
August 25, 2014
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Street Classification Rawls Road is a two lane local street
Comprehensive Plan Industrial is the recommended use of the property.
Total Acreage 65,139 square feet (1.495 acres)
General Information
Lot Descriptions and Construction Plans: The existing 65,139 square foot lot is developed with a 22,050
square foot industrial building with parking lots on the both the east and west side of the building. The
subdivision of one 290 foot wide lot would result in Lot #1, which would be 220 feet wide and 224 feet deep
and with a total area of 49,427 square feet, and Lot #2, which would be approximately 70 feet wide and 225
deep with a total area of 15,712 square feet. The petitioner has an agreement to sell the property to a new
business that does not need the entire parking area to the east of building. The applicant has submitted site
and floor plans to the City demonstrating that adequate parking would remain for the building on Lot #1. The
existing building on Lot #1 would still comply with the 25 -foot side yard setback requirements. There are no
minimum lot size or lot width requirements in the M-2 District.
Tentative Plat Comments
The petitioner must make the following additions/corrections to the original copy of the plat:
1. The Final Plat must include the correct utility easement provisions and have signatures from all public
service utility companies;
2. The Final Plat must contain owner name and the signed and notarized owner certificate(s);
3. The Final Plat must include Certificates from the Plan Commission, Finance Director, Director of Public
Works and Engineering, and Director of Community and Economic Development;
4. The Final Plat must state: "Send Tax Bill To: (Insert the name and address of the person(s) who will be
paying the property taxes after the subdivision is recorded)."
5. The Final Plat must state: "Return Plat To: City of Des Plaines, Department of Community and
Economic Development, 1420 Miner Street, Des Plaines, IL 60016."
6. The Final Plat must list the correct PIN
Staff Recommendations
• The Departments of Community and Economic Development, Fire, and Public Works and
Engineering recommend approval of the Tentative Plat.
Plan Commission Procedure
The Plan Commission may vote to grant or deny approval of the Tentative Plat.
Next Step for the Petitioner
If approved, the petitioner's next steps are to comply with staff recommendations, revise the plat of
subdivision as stated in the above Tentative Plat Comments, and submit the original mylar copy for staff
review. Following staff review, the original mylar, with signatures from all the public utilities, will return to
the Plan Commission for Final Plat consideration.
Case #14 -049 -SUB -Tentative Plat of Subdivision -90 Rawls Road
Case #14 -052 -TA -Zoning Ordinance Text Amendment
August 25, 2014
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Chairman Niemotka asked the Board if there are any questions. There were none.
A motion was made by Commissioner Lane, seconded by Commissioner Yi, to approve the proposed
Tentative Plat of Subdivision.
AYES: Lane, Niemotka, Yi
NAYES: None
*** MOTION CARRIED UNANIMOUSLY ***
2. Address: Citywide Case Number: 14 -052 -TA
Petitioner: City of Des Plaines, Community and Economic Development Department, 1420
Miner Street, Des Plaines, IL 60016
This is a City -initiated petition for Text Amendments to the City of Des Plaines 1998 Zoning Ordinance, as
amended, to Article 12 (Environmental Performance Standards) regarding noise and Article 13 (Definitions)
regarding definition(s), including night clubs.
Chairman Niemotka asked Staff to summarize the staff report.
Analysis:
Text Amendment Report
Petitioner: City of Des Plaines, Community and Economic Development
Department, 1420 Miner Street, Des Plaines, IL 60016
Address: Citywide
Case Number: 14 -052 -TA
Background Information
The City is proposing several amenchnents to the current Zoning Ordinance:
Noise
Article 12, Environmental Performance Standards, provides regulations about the operations of land uses
within the City. However, the standard for noise has the opportunity to be challenged for being overly
restrictive, as noise is not allowed to be detectable beyond a property line. City staff members from the Police
and Community and Economic Development Departments believe that the standard is not reasonable and
therefore difficult to enforce. An ordinance to adopt new noise regulations within the City Code is in draft
form and scheduled to be considered by the City Council on September 2, 2014. The proposed amendment
to the Zoning Ordinance is simply to refer to the applicable City Code regulations.
Night Club Definition
The Zoning Ordinance currently requires a Conditional Use Permit for Commercial Indoor Recreation (night
clubs and banquet facilities) in the C-3, C-4, and C-5 Zoning Districts, however, night clubs are not defined.
Case #14 -049 -SUB -Tentative Plat of Subdivision -90 Rawls Road
Case #14 -052 -TA -Zoning Ordinance Text Amendment
August 25, 2014
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After reviewing a number of definitions in use in other municipalities, staff has recommended a definition
that includes the following components of the use: dancing/dance floor, DJ or Live Entertainment, capacity,
and the time of day of operations.
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 the proposed changes in detail.
B. Whether the proposed amendments are compatible with the current conditions and the overall
character of existing developments in the immediate area:
Comment: The proposed amendments to the Zoning Ordinance are intended to address the potential impact
of noise and night clubs on the character of existing developments 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. The proposed changes to the noise standards are designed to make enforcement easier to
administrate and more objective.
D. Whether the proposed amendments will have an adverse effect on the value of properties
throughout the jurisdiction:
Comment: The proposed amendments should not have an adverse effect on the value of properties and
should act to better protect the value of properties against noise intrusion.
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.
Mr. Mangum read existing & text noted in red of the proposed Text Amendments for 12.8 Noise & 13.3
Definitions. The City is proposing new regulations found in City Code. City Council will consider changes
Case #14 -049 -SUB -Tentative Plat of Subdivision -90 Rawls Road
Case #14 -052 -TA -Zoning Ordinance Text Amendment
August 25, 2014
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at the next, September 2, 2014, City Council meeting. Tonight's recommended changes will point to the City
Ordinance. Plan Commission may make a recommendation on proposed Tax Amendment changes.
Chairman Niemotka asked the Board if there are any questions.
Commissioner Lane asked about the capacity in the proposed night club definition. Mr. Mangum responded
— a capacity less than 100 people would not qualify as a night club.
Chairman Niemotka inquired if a night club requires alcohol. Mr. Mangum responded it does not as there
could be night club uses with patrons under 21.
ChairmanNiemotka asked if anyone in the audience is in favor of or objects:
• Bill Maher, 872 Mason Lane
Mr. Maher stated he would like schools added in the category for noise abatement. He has been in
the area since 1968 and never asked why a parking lot was not made into a playground. He would
like a noise measurement for screeches, hollering, & playing near his fence.
When inquiring four years ago, the City staff advised it does not have a decibel meter. Mr.
Mangum responded that the City staff has recently purchased noise meters.
Mr. Maher asked if there are any considerations to include schools, playgrounds, & parking lots
into the noise amendment. Mr. Mangum advised that the substance of the proposed City Code
noise regulations would be considered at next week's City Council meeting. Mr. Maher stated he
would appreciate this being considered.
• Kathy Krus, 888 Mason Lane
Mrs. Krus asked what Article 12 says. Mr. Mangum read the requested portion. Chairman
Niemotka reminded that the proposed changes to the City Code is not in Plan Commission's
purview. Mr. Mangum advised the information about the City Code change is also on the City's
web site.
Mrs. Krus reiterated the school has rented space out in the past, so there is no relief. She asked if
frequency of noise is being changed. Mr. Mangum responded it is for decibels, not duration.
ChairmanNiemotka suggested that schools & playgrounds be added as an amendment. Mr. Mangum stated
this could be considered in City Code language.
Chairman Niemotka asked the Board if there are any questions. There were none.
A motion was made by Commissioner Lane, seconded by Commissioner Yi, to recommend approval of the
Text Amendment as presented.
AYES: Lane, Niemotka, Yi
NAYES: None
*** MOTION CARRIED UNANIMOUSLY ***
Case #14 -049 -SUB -Tentative Plat of Subdivision -90 Rawls Road
Case #14 -052 -TA -Zoning Ordinance Text Amendment
August 25, 2014
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Mr. Mangum distributed information & advised there is a one -day Planning Officials Track on October 2nd at the
American Planning Association IL Conference at the Hilton Orrington in Evanston. The City will absorb the $50
registration fee. Mr. Mangum asks that anyone wishing to attend to please notify him or Lauren Griffin.
ADJOURNMENT
A motion was made by Commissioner Yi, seconded by Commissioner Lane, to adjourn the meeting at
7: 27 p.m.
AYES: Lane, Niemotka, Yi
NAYES: None
*** MOTION CARRIED UNANIMOUSLY ***
Sincerely,
Gale Cerabona
Recording Secretary
cc: City Officials, Aldermen, Plan Commission