02/25/2013411 lib.
CITY OF
DES PLAINES
ILLINOIS
DES PLAINES PLAN COMMISSION
FEBRUARY 25, 2013
MINUTES
The Des Plaines Plan Commission held its regularly scheduled meeting on Monday, February 25, 2013 at 7:00 P.M., in
Room 102, City Council Chambers, of the Des Plaines Civic Center.
PLAN COMMISSION
PRESENT: Niemotka, Lane, Perez, Yi
ABSENT: Bar
Also present were Senior Planner, Scott Mangum, Department of Community and Economic Development, and Director of
Community and Economic Development, Alexander Dambach.
Chairman Niemotka called the meeting to order at 7:00 P.M.
NEW BUSINESS
Chairman Niemotka read a summary of the case up for hearing.
Case Number : 12 -072 -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 permitted, conditional and prohibited uses in all Residential Districts (R-1, R-2, R-3,
and R-4), Commercial Districts (C-1, C-2, C-3, C-4, C-5, and C-6), and Manufacturing Districts (M-1, M-2, and M-3).
The proposed amendments include a comprehensive revision to the Residential, Commercial, and Manufacturing District
Use Matrices located respectively in Tables 7.2.1, 7.3.1 and 7.4.1 of the Zoning Ordinance and involve the addition,
deletion, and modification of numerous uses in the affected districts. Associated amendments to certain use definitions in
Article 13 are also proposed.
Also being considered are amendments to Section 3.6-5-A., Minor Variations, to add the location of accessory structures in
relation to the principle structure for double -frontage lots as a Minor Variation.
Petitioner: City of Des Plaines, Community and Economic Development Department, 1420 Miner
Chairman Niemotka asked Mr. Mangum to read the applicable staff report into record, as follows:
Issue: This is a City -initiated petition for Text Amendments to the City of Des Plaines 1998 Zoning Ordinance, as
amended, concerning permitted, conditional and prohibited uses in all Residential Districts (R-1, R-2, R-3, and R-4),
Commercial Districts (C-1, C-2, C-3, C-4, C-5, and C-6), and Manufacturing Districts (M-1, M-2, and M-3). The proposed
amendments include a comprehensive revision to the Residential, Commercial, and Manufacturing District Use Matrices
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Case #12 -072 -TA - Citywide
located respectively in Tables 7.2.1, 7.3.1 and 7.4.1 of the Zoning Ordinance and involve the addition, deletion, and
modification of numerous uses in the affected districts. Associated amendments to certain use definitions in Article 13 are
also proposed.
Also being considered are amendments to Section 3.6-5-A., Minor Variations, to add the location of accessory structures in
relation to the principle structure for double -frontage lots as a Minor Variation.
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: 12 -072 -TA
Background Information
An initial set of proposed amendments to the Zoning Ordinance was brought before the Plan Commission on January 14,
2013 with the Commission recommending the proposed changes to the City Council. Since that meeting staff has further
refined and focused the proposed changes, as well as included amendments to associated definitions.
The use matrices within the Zoning Ordinance regulate land uses by listing which uses are permitted by right, allowed as
conditional uses, or not permitted within each zoning district. The Community and Economic Development Department is
proposing a number of modifications to the use matrices to better reflect responsible development patterns. In some cases
proposed modifications would increase the number and types of businesses that would be permitted and in others the
modifications would limit or prohibit uses that may have negative impacts on the community. Existing uses that may
become nonconforming because of the amendments would be allowed to continue to operate per Section 5.5
(Nonconforming Uses) of the Zoning Ordinance. A comprehensive update and replacement of the entire Zoning Ordinance
with the draft Unified Development Ordinance is anticipated to be considered by the City Council this year.
Specifically, proposed changes to the use matrices (Attachment 2) are explained below:
Table 7.2-1 The Residential Districts Use Matrix
• Convents monasteries, rectories and parish houses - The proposed change would permit the use by right within
the R-3, Townhouse Zoning District to be consistent with the allowance for multi -family dwelling units as a
permitted use within the district.
• Community Center and Membership Organizations — The intent of the amendment is to address potential
impacts of institutional uses by requiring a Conditional Use Permit in all Residential Zoning Districts and
additionally creating site requirements of a minimum lot size of one acre and frontage on a collector or arterial
street, which would reduce the impacts on local streets.
• Rooming and boarding houses - This use is proposed to be removed from the Residential Use Matrix. Such
establishments have the potential to create negative impacts in residential areas by attracting a transient
population.
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Case #12 -072 -TA - Citywide
Table 7.3.1 Commercial District Use Matrix
• Auto service repair — The proposed change would require a Conditional Use Permit for facilities within the C-3,
General Commercial District and would prohibit the auto -oriented use within the Downtown C-5, Commercial
Business District. Auto service repair operations have the potential to create negative impacts on surrounding
commercial and residential properties within the C-3 District.
• Auto filling station - The proposed change would prohibit the auto -oriented use within the Downtown C-5
District.
• Child care center — The proposed change would only allow a Conditional Use Permit when associated with a
hotel or office in the C-2, Limited Office Commercial District and now also require a Conditional Use Permit
within certain areas of the C-5 District.
• / Radio Transmitting Towers, Public Broadcasting — The change in the name of the use
provides clarification as a Commercial Antenna is not a defined use within the Ordinance. The use would also
become a conditional use in the C-3 District.
• Commercial indoor recreation — The use would become a permitted use within the C-2 District where it can be
a convenience to office developments within the district.
• Commercial indoor recreation — dance halls and banquet facilities — The Zoning Ordinance is currently silent
on banquet facilities. The change in the definition would include banquet facilities with dance halls which have
similar characteristics as commercial assembly uses. Further, the entertainment use would become a conditional
use within the C-5 District which may be an appropriate location.
• Commercial parking lot — A Conditional Use Permit would be required for commercial parking lots, a use that
can have negative impacts without directly generating commercial activity.
• Commercial shopping center — The use would become a permitted use within in the C-3 District allowing larger
scale commercial development that is currently only permitted in the C-4, Regional Shopping District.
• Convenience mart fueling station - The proposed change would prohibit the auto -oriented use within the
Downtown C-5 District.
• Gultucal4acilit# Commercial Theater or Art Gallery — The change in the name clarifies the type of use as
commercial, and requires a Conditional Use Permit for the use in the C-3 and C-5 Districts, where it is currently a
permitted use.
• Domestic pet service — The proposed removal of footnote (a) would allow the use within 300 -feet of residences
in the C-3 District. There are relatively few parcels within the district that meet the separation requirement, which
has been waived in previous approvals of Domestic Pet Service (dog grooming and day care) facilities.
• Drive-through facility — A Conditional Use Permit for the auto -oriented use could only be requested in certain
areas of the Downtown C-5 District where the use is currently a conditional use in all areas of the district.
• Dry cleaners w/plants on premises — The convenience commercial use would become permitted by right in the
C-4 District where a number of shopping centers are located.
• Funeral homes — A Conditional Use Permit for the use could only be requested in certain areas of the Downtown
C-5 District where the use is currently permitted by right.
• Massage parleys establishments — The change in the name of the use updates it to more current terminology as
requested by the City Council earlier this year.
• Municipal Government/ Government institution — The change in the name of the use creates consistency by
matching the name to the existing definition within the Zoning Ordinance.
• — This outdated form of development would be prohibited within the City while Hotels would remain. The
primary difference between a hotel and motel is that access to the sleeping accommodations is directly from the
outside for a motel.
• Places of Worship — The non-commercial institutional use would become prohibited within all commercial areas
of the City. No changes are recommended to the allowance for Places of Worship within the residential areas of
the City. This change creates consistency between other noncommercial institutional uses such as Community
Centers and Membership Organizations which are also not permitted within commercial zoning districts.
• Residential care homes — A large residential care home would not be permitted in the C-1, Neighborhood
Shopping District, while a small residential care home would become a conditional use within this district. The
district has restrictive number of uses that are compatible with the surrounding areas, often R-1, Single Family
Residential.
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Case #12 -072 -TA - Citywide
• Restaurants, Class B - This change would permit the use by right within the C-3, C-4, and C-5 Districts by
removing the requirement for a Conditional Use Permit. Class B Restaurants are often fast food/quick service
restaurants. Class B Restaurants that include an accessory drive-through facility would still require a Conditional
Use Permit. Often the potential impacts of such restaurants are associated with the drive-through facilities.
• Retail goods establishments - The use would also be permitted in the C-1 District.
• - This use is proposed to be removed from the Commercial Use Matrix. Such
establishments have the potential to create negative impacts in by attracting a transient population.
• _ :: , :.: ' : : _ :: The non-commercial institutional use would become
prohibited within all commercial areas of the City. Commercial Schools would remain within the Commercial Use
Matrix.
Table 7.4.1 Manufacturing Districts Use Matrix
• Animal hospitals - The change would prohibit the use from the M-1, Limited Manufacturing District and change
it from a permitted to conditional use within the M-2, General Manufacturing District.
• Auto filling station - The change would allow the use as a permitted use in the M-1 District where it is currently
a conditional use.
• Radio Transmitting Towers, Public Broadcasting - The change in the name of the use
provides clarification as a Commercial Antenna is not a defined use within the Ordinance. The use would also
become a conditional use in the M-3, Special Manufacturing District.
• Commercial shopping center - The use would become a permitted use within in the M-2, District allowing
larger scale commercial development that is currently only permitted in the C-4, Regional Shopping District. This
change would allow greater flexibility by recognizing that many of the City's large sites that are located on major
transportation arterials are currently within the M-2 District.
• Domestic pet service - The use would become a conditional use within the M-2 District where the use is
currently prohibited.
• Grocery retail - The use would become a permitted use within in the M-2, District allowing larger scale
commercial development that is currently only permitted in the C-4, Regional Shopping District. This change
would allow greater flexibility by recognizing that many of the City's large sites that are located on major
transportation arterials are currently within the M-2 District.
• - The non-commercial institutional use would become prohibited within all industrial
areas of the City. This change creates consistency between other noncommercial institutional uses such as
Community Centers and Places of Worship which are also not permitted within industrial zoning districts. An
associated change would allow Membership Organizations as a conditional use in all residential districts.
• Offices -pates - The change would permit Offices as a permitted use in all manufacturing districts, recognizing
that there are a number of existing facilities that within these areas that are physically constructed to allow for
flexible use of the spaces, including offices.
• Recycling Center - The change, and associated change to the definition to limit the use to indoor only, would
require a conditional use for a use that has the potential to create negative impacts within the M-2 District where
the use is currently permitted.
• Restaurants, Class A and Class B - The uses would be permitted within in the M-2, District allowing restaurants
where they are currently only within commercial areas of the City. This change would allow greater flexibility by
recognizing that many of the City's large sites that are located on major transportation arterials are currently
within the M-2 District.
• Retail goods establishments - The use would be permitted within in the M-2 District allowing retail goods
establishments where they are currently only allowed within commercial areas of the City or as a limited
accessory to manufacturing uses. This change would allow greater flexibility by recognizing that many of the
City's large sites that are located on major transportation arterials are currently within the M-2 District.
• Salvage -yam' - The change would prohibit a use that has the potential to create negative aesthetic and
environmental impacts within the community.
• Vehicle towing - The use would become a conditional use instead of a permitted use in the M-2 District.
• Warehouse - The change to permit the use within the M-3 District would create consistency with Distribution
Facilities which are also permitted within the M-3 District.
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Case #12 -072 -TA - Citywide
Additionally, an update to the list of variations that are classified as minor variations is proposed to handle cases involving
the location of accessory structures on double lots or lots with multiple frontages. A number of neighborhoods, primarily in
the western portion of the City, were developed with through lots where houses face an interior local street, but also have
street frontage on another street, usually a collector or arterial street. Examples include Mt. Prospect Road, Dempster
Street, Algonquin Road, Oakton Street, and Golf Road. Section 8.1-3.B. of the Zoning Ordinance states that the minimum
front yard setback for an accessory structure shall be the front building line of the principal structure. This amendment
would allow variations regarding the location of an accessory structure, such as a shed or garage, to be handled more
expeditiously as a minor variation than they currently are as a major variation. The minor variation process is up to 4-6
weeks with the Zoning Board of Appeals having final authority as opposed to the major variation process which is
typically 2-3 months with the City Council having final authority.
Four definitions were also either updated or created for clarification and consistency including the creation of a definition
of a Park.
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
individual land uses. However, goals of the Comprehensive plan include strengthening the City's commercial areas and
revitalizing the City's industrial base. The proposed use matrix modifications may help to achieve these goals.
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 ensure new uses are not detrimental to
surrounding properties within the zoning districts and also to increase the number of uses allowed in areas where those uses
may provide positive economic impacts to 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 large effect on public facilities or services. However,
the amendments would allow larger scale commercial development within industrial areas of the City.
D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the
jurisdiction:
Comment: The proposed amendments would allow additional land uses for many properties within the Manufacturing
zoning districts while limiting other uses that may have negative impacts in other areas of the City.
E. Whether the proposed amendments reflects responsible standards for development and growth:
Comment: These 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 with the community. Therefore, the proposed text
amendments would not appear to be in conflict with responsible standards for development and growth.
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Recommendation: Based on the above analysis, the Community and Economic Development Department recommends
approval of proposed text amendments regarding the use matrices, type of variations, and definitions.
Chairman Niemotka asked if the Commissioners had any questions.
Commissioner Yi asked if the changes can be considered "housekeeping." Mr. Mangum stated that while there were a few
pressing land use issues, the remainder provided an opportunity to clean-up the code.
Commissioner Perez inquired whether the changes were prompted by a proposed City Development. Mr. Dambach stated
that it was not related to proposed development, but listed several City -owned properties.
Chairman Niemotka asked whether Commercial Antenna referred to Cell Towers. Mr. Mangum clarified that the Zoning
Ordinance referred to Cell Towers as Commercial Mobile Radio Service Facilities, and staff recommended replacing the
ambiguous Commercial Antenna term with a term that is included elsewhere in the Ordinance, Radio Transmitting Towers,
Public Broadcasting.
Chairman Niemotka asked about the reasoning for allowing commercial uses in manufacturing districts. Mr. Dambach
stated that commercial uses may be more beneficial to the City because of sales tax generation.
Chairman Niemotka inquired about whether a business located in Marketplace Shopping Center was considered a payday
loan operation. Mr. Mangum answered that staff could look into the issue.
Commissioners Lane and Perez asked about Pawn Shops and Title Loan businesses. Mr. Mangum stated that Pawn Shops
are not currently allowed and that the proposed amendments would not change that. Mr. Dambach added that the issue of
payday loan and check cashing operations would be addressed in a more comprehensive update through the Unified
Development Ordinance.
Chairman Niemotka brought up the issue of Rooming and Boarding houses and inquired whether a location on Lee Street
was an example. Mr. Dambach stated that it was a motel. He also mentioned the terminology relating to the use.
Commissioner Lane asked if there were any dance halls in town and for clarification of the use. Mr. Dambach stated that
there are currently banquet halls in the City, but was not aware of any night clubs.
Commissioner Lane suggested that there was a better term for dance hall and wondered whether the use needed to be
included. Mr. Dambach stated that night clubs can be a beneficial use and that night club was a better term to use.
Commissioners discussed issued with Rooming and Boarding Houses and the issue of overcrowding that is dealt with in
other City codes. Foreclosures and abandoned houses were also mentioned as problems. Mr. Dambach provided a contact
in the Community and Economic Development Department that could follow-up on such issues.
Mr. Mangum stated that there is no definition in the current Zoning Ordinance but the family definition would limit the
number of individuals that are unrelated.
Commissioner Lane suggested there was also a better term that Government Institution. Mr. Dambach suggested
Government Facility.
Chairman Niemotka asked if there was anyone in the audience that had any questions; there were none.
Chairman Niemotka asked for a motion by the Board.
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A motion was made by Commissioner Perez seconded by Commissioner Yi to recommend approval amending
Table 7.2.1, Residential Districts Use Matrix, Table 7.3.1, Commercial District Use Matrix, and Table 7.4.1,
Manufacturing Districts Use Matrix, to make modifications to the list of permitted and conditional uses, and to
Section 3.6-5-A., Minor Variations, to add the location of accessory structures in relation to the principle structure
for double -frontage lots as a Minor Variation and to certain definitions, with consideration for the proposed
changes regarding night club and government facility as specified by the Plan Commission.
AYES:
NAYES:
Perez, Yi, Lane, Niemotka
None
MOTION CARRIED
The meeting was adjourned at 7:32 p.m. by unanimous voice vote.
Sincerely,
Robert Niemotka, Chairman
Des Plaines Plan Commission
cc: City Officials
Alderm en
Plan Commission
Petitioner
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