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12/09/2014Case #14 -088 -TA -Zoning Ordinance Text Auenchnent-Cit wide December 9, 2014 Page 1 DES PLAINES PLAN COMMISSION MEETING DECEMBER 9, 2014 MINUTES The Des Plaines Plan Commission Meeting held its regularly scheduled meeting on Monday, December 9, 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 7p.m. Roll call was conducted. Chairman Niemotka read this evening's case. APPROVAL OF MINUTES: A motion was made by Commissioner Lane, seconded by Commissioner Yi, to approve the meeting minutes of October 27, 2014, and November 10, 2014 as presented. AYES: Lane, Niemotka, Yi NAYES: None ** MOTION CARRIED UNANIMOUSLY *** NEW BUSINESS 1. Address: Citywide Case Number: 14 -088 -TA Petitioner: City of Des Plaines, Conununity 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, as amended, to Article 5 (Nonconforming Uses and Structures) regarding nonconforming lots of record. Chairman Niemotka asked Staff to summarize the report. Mr. Mangum distributed Attachment 1 — Proposed Text Amendment. Case #14 -088 -TA -Zoning Ordinance Text Amendment -Citywide December 9, 2014 Page 2 Issue: This is a City -initiated petition for Text Amendments to the City of Des Plaines 1998 Zoning Ordinance, as amended, to Article 5 (Nonconforming Uses and Structures) regarding nonconforming lots of record. 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 -088 -TA Article 5 (Nonconforming Uses and Structures) of the Zoning Ordinance provides for the regulation of nonconforming uses, buildings, and structures. Section 5.4-1 (Single Nonconforming Lots of Record) allows for a single family dwelling and accessory structures to be constructed on a single nonconforming lot even if the lot lacks the total area and/or width that would be required to create a new lot under the current Zoning Ordinance. In the R-1, Single Family Residential Zoning District, the minimum lot area required is 6,875 square feet for an interior lot and 8,125 square feet for a corner lot, while the minimum lot width required is 55 feet for an interior lot and 65 feet for a corner lot. There are a number of lots within the City that are nonconforming in one or both aspects. Although, Section 5.4-1 allows construction of a single family residence on a nonconforming lot, a presentation of the plans with public comment is required. Staff has proposed an amendment to the regulations that would remove the requirement for a public presentation of proposed plans for a single nonconforming lot of record. Historically this provision has been interpreted that the presentation is strictly informational and there is no approval or disapproval of building plans as a result of the presentation. General Counsel has reviewed the language and believes there may be some ambiguity about the process. The proposed amendment would allow greater certainty to develop a single nonconforming lot for existing or prospective owners of undeveloped nonconforming lots of record, while still allowing input for proposed development that would exceed the bulk standards (setbacks, height, lot coverage) as provided through the variation process. 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 would not alter any of the development standards for single family residences that would impact compatibility with other properties. Case #14 -088 -TA -Zoning Ordinance Text Amendment -Citywide December 9, 2014 Page 3 C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendment is 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 amendment would not alter any of the development standards for single family residences and is not anticipated to have an adverse effect on the value of other 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 amendment. 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 inquired: • up until this point, if there was a nonconforming lot, would a presentation have to go to City Council. Mr. Mangum advised — yes, but only as an informational report • how long we've been doing this. Mr. Mangum advised — The code has been in place since at least 1999, but most of the examples were in the mid -2000s • if this would streamline building a smaller home. Mr. Mangum advised — currently it would go to the City Council as an informational report, but under the amendment no presentation or hearing would be required if the new home complied with setbacks, height, and lot coverage Chairman Niemotka inquired: • if this is currently (nonconforming) grandfathered in. Mr. Mangum advised — this amendment applies to undeveloped nonconforming lots. • if one could build up (in the same footprint). Mr. Mangum responded — yes, the current provision only applies to undeveloped lots • if there is a variation request, would this now come before the Plan Commission. Mr. Mangum advised — the variation would be heard by the Zoning Board of Appeals A motion was made by Commissioner Lane, seconded by Commissioner Yi, to approve the Text Amendment as presented. AYES: Lane, Niemotka, Yi Case #14 -088 -TA -Zoning Ordinance Text Amendment -Citywide December 9, 2014 Page 4 NAYES: None *** MOTION CARRIED UNANIMOUSLY *** Commissioner Yi wished everyone a happy and healthy New Year. Commissioner Lane advised she will be out of town the entire month of January. ADJOURNMENT A motion was made by Commissioner Yi, seconded by Commissioner Lane, to adjourn the meeting at 7:20 p.m. AYES: Lane, Niemotka, Yi NAYES: None *** MOTION CARRIED UNANIMOUSLY *** Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Plan Commission